CHAP. VII.

OF THE GAME LAWS RELATIVE TO ANGLING.

1st. THE PENALTY OF FISHING IN PONDS AND OTHER PRIVATE FISHERIES.

1. ANY may erect a fish-pond without licence, because it is a matter of profit, for the increase of victuals. 2. Inst. 199.

2. If any trespass in ponds be therefore attainted at the suit of the party, great and large amends shall be awarded according to the trespass; and they shall have three years imprisonment, and a ter shall make fine at the king's pleasure, (if

ey ave whereof) and then shall find good surely t at after they shall not commit the like trespass : and if they have not whereof to make fine, after three years imprisonment, they shall find like surety; and if they cannot find surety, they shall abjure the realm. And if none sue within the year and day, the king shall have suit. S. Ed. I. c. 20. Note, those are trespassers in ponds, who endeavour to take fish therein. 2. Inst. 200.

3. If any person shall unlawfully break, cut, or destroy, any head or dam of a fish-pond, or shall wrongfully fish therein, with an intent to

take and kill fish, he shall, on conviction, at the suit of the king, or of the party, at the assizes or sessions, be imprisoned three months, and pay treble damages; and after the three months expired, shall find suretics for his good abearing for seven years, or remain in prison till he doth. 5. El. c. 21. s. 2. 6.

4. Whereas divers idle, disorderly, and mean persons, betake themselves to the stealing, taking, and killing of fish, out of ponds, pools, motes, stews, and other several waters and rivers, to the great damage of the owners thereof; it is enacted, that if any person shall use any net, angle, hair, noose, troll, or spear; or shall lay any wears, pots, fish-hooks, or other engines; or shall take any fish by any means or device whatever, or be aiding thereunto, in any river, stew, pond, mote, or other water, without the consent of the lord or owner of the water; and be thereof convicted by confession, or oath of one witness, before one justice, in one month after the offence, every such offender in stealing, taking, or killing fish, shall for every such offence give to the party injured such recompence, and in such time as the justice shall appoint, not exceeding treble damages; and moreover shall down to the overseers for the use of the poor, such sum, not exceeding 10s. as the justice shall think meet; in default of payment, to be levied by distress; for want of distress to be committed to the house of correction, not exceeding one month, unless he enter into a bond with one surety to the party injured, not exceeding 101. never to offend in like manner, 22 and 23 C. 2. c. 25. s. 7. And the justice may take, cut, and destroy, all such angles, spears, hairs, nooses, trolls, wears, pots, fish

pay

hooks, nets, or other engines, wherewith such offender shall be apprehended, S. 8.

Persons aggrieved may appeal to the next sessions, whose determination shall be final, if no title to any land, royalty, or fishery, be therein concerned. S. 19.

5. Whereas divers idle, disorderly, and mean persons, have and keep nets, angles, leaps,pilches, and other engines, for the taking and killing of fish out of ponds, waters,rivers, and other fisheries, to the damage of the owners thereof; therefore, no person hereafter shall have or keep any net, angle, leap, pilche, or other engine for the taking of fish, other than the makers and setters thereof, and other than the owner and occupier of a river or fishery; and except fishermen and their apprentices lawfully authorized in navigable rivers.. And the owner or occupier of the river or fish; and every other person by him appointed, may seize, detain, and keep to his own use, every net, angle, leap, pilche, and other engine, which he shall find used or laid, or in the possession of any person fishing in any river or fishery, without the consent of the owner or occupier thereof. And also, any person, authorized by a justice's warrant, may in the day time search the houses, outhouses, and other places, of any person hereby prohibited to have or keep the same, who shall be suspected to have or keep in his custody or possession any net, angle, leap, pilche, or other engine aforesaid, and seize and keep the same, to his own use, or cut and destroy the same, as things by this act prohibited to be kept by persons of their dgree. 4 and 5 W. c. 23. s. 5, 6.

6. If any person shall enter into any park or paddock, fenced in and closed, or into any gar

den, orchard, or yard, adjoining or belonging to any dwelling-house, in or through which park or paddock, garden, orchard, or yard, any stream of water or river shall run or be, or wherein shall be any river, stream, pool, pond,mote, stew,or other water, and by any ways, means, or device whatever,shall steal, take, kill, or destroy, any fish bred, kept, or preserved therein, without the consent of the owner thereof; or shall be aiding or assisting therein; or shall receive or buy any such fish,. knowing the same to be stolen or taken as aforesaid; and shall be convicted thereof at the assizes, within six calendar months after the offence committed; he shall be transported for seven years. And And any offender, surrendering himself. to a justice, or being apprehended,or in custody for such offence, or on any other account, who shall make confession thereof, and a true discovery, on oath, of his accomplice, or accomplices, so as such accomplice may be apprehended, and shall on trial give evidence so as to convict such accomplice, shall be discharged of the offence, so by him confessed. 5. G. 3. c. 14. s. 1, 2.

And if any person shall take, kill, or destroy, or attempt to kill, take, or destroy, any fish, in any river or stream, pond, pool, or other water, (not being in any park or paddock, or in any garden, orchard, or yard, adjoining or belonging to any dwelling-house, but in any other enclosed ground,, being private property) he shall, on conviction before one justice, on the oath of one witness, forfeit 51. to the owner or owners of the fishery, of such river or stream of water, or of such pond, pool, mote, or other water: and such justice, on complaint, upon oath, may issue his warrant tox bring the person complained of before him; and

if he shall be convicted before such justice, or 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 thereof, shall be committed 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 Westminster. S. 3, 4.

Provided, that nothing in this act shall extend to subject any persons to the penalties thereof, who shall fish, 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, Tees,