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5. Merton-river, for trouts also.
6. Carshalton-river, abounding with trouts and other white fishes.
7. Moulsey-river, yielding perch, jack, roach, dace, chub, gudgeons, cels, flounders, barbels, and
8. Esher-river, good for jacks, perch, chub, roach, dace, gudgeons, eels, flounders, barbels, and
9. Cobham-river, stored, with plenty of good trouts, fat and large, as also dace, perch, chubs, jacks, and gudgeons.
10. Weybridge-river, affording good diversion for carp, some of which weigh eight or nine pounds; also jack, roach, dace, flounders, popes, large bleak, barbel, and gudgeons.
11. Byfleet-river, wherein are very large pikes, jacks, and tench; perch, of eighteen inches long; good carp, large founders, bream, roach, dace, gudgeons, popes, large chub, and eels.
I shall conclude this account of the Thames, and the principal rivers that fall into and compose it, with the following beautiful lines of Mr. Pope :
First the fam'd authors of his ancient name,
Of the Game Laws relating to Angling.
1st. The Penalty of Fishing in Ponds and other
NY man 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 after shall make fine at the king's pleasure, (if they have whereof) and then shall find good surety that 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 like surety they shall abjure the realm. And if none sue within the year and day, the king shall have suit. 3. 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 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 sureties 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 pay 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 bond with one surety to the party injured, not exceeding £10, 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-hooks, nets, or other engines, wherewith such offender shall be apprehended. S. s.
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, piches, 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, piche, 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, piche, 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, piche, 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 de gree. 4 and 5 W. c. 23. s. 5, 6.
6. If any person shall enter into any park or paddock, fenced in and inclosed, or into any garden, 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 advice 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 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 take, kill, 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 inclosed ground, being private property) he shall, on convictionbefore 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 to bring the person complained of before him; and if he shall be convicted before such justice, or any