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other justice of the county or place, he shall immediately after conviction pay the said penalty of 51. to such justice, for the use of such person as the same is hereby appointed to be paid unto; and in default thercof, shall be cominitted by such justice to the house of correction, for any time not exceeding six months, unless the forfeiture shall be sooner paid; or such owner of the fishery may bring an action for the penalty (within six calendar months after the offence) in any of the courts of record at Westininster. S. 3, 4.
Provided, that nothing in this act shall extend to subject any persons to the penalties thereof, who shall fisti, take, or kill, and carry away, any fish in any river or stream of water, pond, pool, or other water; wherein such person shall have a just right or claim to take, kill, or carry away such fish. S. 5.
7. By the black act, if any person, being armed and disguised, shall unlawfully steal or take away any fish out of any river or pond; or (whether armed or disguised or not) shall unlawfully and maliciously break down the head or mound of any fish-pond, whereby the fish shall be lost or destroyed, or shall rescue any person in custody for such offence, or procure any other to join with him therein, he shall be guilty of felony, without benefit of clergy.
2dly. Rules concerning the Assize, and
preserving the Breed of Fish. 1. If any person shall lay or draw any net, engine, or other device, or cause any thing to be done in the Severn, Dee, Wye, Teame, Were, Tres, Ribble, Mersey, Dun, Air, Ouze, Swaile, Caldet,
Wharfe, Wharfe, Eure, Darwent, or Trent, whereby the spawn or fry of salmon, or any kepper or shedder salmon, or any salmon not 18 inches from the eye to the extent of the middle of the tail, shall be taken and killed; or shall set any bank, dam, hedge, stank, or net across the same, whereby the salmon may be taken, or hindered from passing up to spawn, or shall between July 31, and November 1.2, (except in the Ribble, where they may be taken between Jan. 1, and Sept. 15,) take any salmon of any kind in any of the said rivers, or shall, after Nov. 12, yearly, fish there for salmon, with any net less than 2ų inches in the mesh; hę shall, on conviction, in one month, before one justice, on view, confession, or oath of one witness, forfeit 5l. and the fish, nets, and engines; half the said sum to the informer, and half to the poor, by distress; for want of distress, to be committed to the house of correction or goal, not more than three months, nor less than one, to be kept to hard labour, and to suffer such other corporal punishment as the justice shall think fit: the nets and engines to be cut or destroyed, in presence of the justice : the banks, dams, hedges, and stanks, to be demolished at the charge of the offender, to be levied in like manner: 16. st. 2. c. 18. s. 14.
Note. It is not said who shall have the fish; so: that it seemeth they are forfeited to the king.
And no salmon out of the said rivers shall be sent to London; under six pounds weight; on pain that the sender, buyer, or seller, on the like conviction, shall forfeit 51. and the fish; half to the informer and half to the poor, by distress; for want of sufficient distress, to be committed to the house of correction or goal, to be kept tó hard labour for three months, if not paid in the mean time. Id. S. 15.
And persons aggrieved may appeal to the next Sessions. Id. S. 17.
2. No salmon shall be taken in the Humber, Ouze, Trent, Done, Aire, Darwent, Wharfe, Nid, Yore, Swale, Tees, Tine, Eden, or any other water wherein salmon are taken,between Sept. 8 and Nov. 11. Nor shall any young salmon be taken at inillpools (nor in other places, 13. R.%. st. 1. c. 19.) from Mid-April to Midsummer, on pain of having the nets and engines burnt for the first offence; for the second, imprisonment for a quarter of a year; for the third, a whole year; and, as the trespass increaseth, so shall the punishment. And overseers shall be assigned to enquire thereof. 13. Ed. 1. st. 1. c.47. That is, under the great seal, and by authority of parliament. 2. Inst. 477.
And no person shall put in the waters of Thamise, Humber, Ouze, Trent, nor any other waters, in
any time of the year, any nets called stalkers, nor other nets or engines whatsoever, by which the fry or breed of salmons, lampreys, or any other fish, may in anywise be taken and destroyed : on the like pain. 13. R. 2. st. 1. c. 19.
And the waters of Lon, Wyre, Mersee, Rybbyl, and all other waters in Lancashire, shall he put in defence as to taking of salmon from Michaelmas to Candlemas, and in no other time of the year. And conservators shall be appointed in like manner. 13. R: 2. st. 1. c. 19.
And the justices of the peace (and the mayor, of London, on the Thames and Medway,) shall survey the offences in both the acts above-mentioned; and shall
and search all the wears in such rivers; that they shall not be very strait for the destruction of such fry and brood, but of reasonable wideness after the old assize used or accus
tomed ; and they shall appoint under-conservators, who shall be sworn to make like survey, search, and punishment. And they shall enquire in sessions, as well by their office, as at the information of the under-conservators, of all defaults aforesaid, and shall cause them which shall be thereof indicted, to come before them ; and if they be thereof convicted, they shall have imprisonment, and make fine at the discretion of the justices : and if the same be at the information of an under-conservator, he shall have half the fine. 17 R.2. c.9.
S. By the 1 Eliz, c. 17. No person, of what estate, degree, and condition soever he be, shall take and kill any young brood, spawn, or fry of fish ; nor shall take or kill any salmon or trouts, not being in season, being kepper and shedder; nor any pike or pikerel, not being in length ten inches fish or more; nor any salmon, not being in length sixteen inches fish ; nor any trout not being in length eight inches fish; nor any barbel not being in length twelve inches: and no person shall fish, or take fish, by any device, but only with a net or trammel, whereof the mesh shall be two inches and a half broad, (angling excepted, and except smelts, loches, minnows, bull-heads, gudgeons, and cels ;) on pain of forfeiting 20s. for every offence, and also the fish, nets, and engines..
Note. In some editions of the statutes it is £20 in others 20s. in the records it is not distinguishable whether it is pounds or shillings. The latter seems more adequate to the offence.
And the conservators of rivers inay enquire hereof by a jury; and in such case they shall have the fines. 66
The leet also may enquire hereof; and then the forfeiture shall go to the lord of the leet.' And if the steward do not charge the jury therewith, he shall forfeit 40s. half to the king, and half to him that shall sue.
And if the jury conceal the offence, he may impannel another jury to enquire of such concealment; and if it is found, the former jury shall forfeit every one 20s. to the lord of the leet.
And if the offence is not presented in the leet within a year, then it may be heard or determined at the sessions or assizes, (saving the right conservators.)
And by the S3 G. 2. 3. 27. No person shall take, or knowingly have in his possession, either in the water or on shore, or sell or expuse to sale, any spawn, fry, or brood of fish, or any unsizeable fish, or fish out of season, or any smelt not five inches long : and any person may seize the same, together with baskets and package, and charge a constable, or other peace-officer, with the offender and with the goods, who shall carry them before a justice ; and on conviction before such justice, the same shall be forfeited and delivered to the prosecutor; and the offender shall besides forfeit 20s. to be levied by distress, by warrant of such justice, and distributed, half to the prosecutor, and half to the
poor of the parish where the offence was committed, (and any inhabitant of such parish, nevertheless may be a witness), for want of sufficient distress, to be committed to the house of correction, to be kept to hard labour for any time not exceeding three months, unless the forfeiture bé s poner paid. Provided, that the justice may mitigate the said penalty, so as not to remit above one half. · Persons aggrieved may appeal to the next