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No. XVII.

1 Geo. I.

st. 2. c. 18.

or destroyed, or shall hereafter make erect or set any bank dam hedge or stank net or nets cross the said rivers or any part thereof, whereby the salmon therein may be taken or hindered from passing or going up the said rivers to spawn, or shall at any time hereafter between the last day of July and the twelfth day of November for ever, by or with any net device engine ways or means whatsoever, take kill destroy or wilfully hurt and taking Salany salmon of any kind or size whatsoever, in the said rivers, or shall at mons in the said any time after the said twelfth day of November fish there for salmon Rivers between with any other net or nets than what is or are allowed of by an Act of the last of July Parliament made in the first year of the reign of Queen Elizabeth, inti- and Novemtuled An Act for the Preservation of Spawn and Fry of Fish;' and by ber 12, with another Act made in the thirtieth year of the reign of our late Sovereign any other Net, Lord King Charles the Second, intituled An Act for the Preservation &c. than are allowed by of Fishing in the River Severn; every person so offending in any of the 1 Eli. có 17. said cases who shall be convicted thereof before any justice or justices of and 30 Car. 2. the peace for the county wherein the said offence shall be committed, t. 1. c. 9. the either upon view of such justice or justices by confession of such offender Offender shall or by one or more credible witness or witnesses upon oath (which oath forfeit 51. beevery such justice of peace is hereby empowered to administer) shall for- sides the Fish feit the sum of five pounds for every such offence, besides the fish so and Nets, to be taken and the nets engines and devices used in doing or committing the levied by Dissame; one moiety of the said sum to be paid to the informer or inform- tress; ers and the other moiety thereof to the poor of the parish where the said offence shall be committed; to be levied by distress and sale of the offender's goods and chattels by warrant under the hand and seal of the justice or justices of the peace before whom he shall be convicted as aforesaid, rendering the overplus if any be over and above the charges of the distress to the person so distrained; and for want of such distress the and for Want offender shall be committed to the house of correction or other county thereof be comgaol or prison for any time not exceeding three months nor less than one mitted to the month, there to be kept to hard labour and suffer such other corporal House of Corpunishment as the said justice or justices upon consideration of the cir- rection, &c. and cumstances of such offence shall think fit; and the said justice or jus- Nets, &c. to be tices of the peace before whom the person so offending shall be convicted destroyed, shall order such nets engines and devices made use of in taking such fish

to be seized and immediately cut in pieces or otherwise destroyed in his and Banks, &c. or their presence, and shall also cause such banks dams hedges or stanks removed at the made or erected across the said river to be demolished and removed at Charges of the the charges of such offender, such charges if not paid down on conviction Offender. to be levied in the same manner as the said sum of five pounds is appointed to be levied. (Altered by 23 Geo. 2. c. 26. s. 7.)

XV. And whereas several fishmongers of London and other cities and 'towns by themselves or their agents frequently buy and contract with 'the fishermen using the said rivers of Severn Dee Wye Teame Were Tees Ribble Mersey Dun Air Ouse Swaile Calder Wharf Eure Darwent and Trent or others employed by them for great quantities of salmon 'to be taken in the said rivers, which gives great encouragement to the taking salmon there of unsizeable lengths and at unseasonable times ;' Be it therefore further enacted, That no such salmon shall be sent to London to such fishmongers or their agents that shall weigh less than six pounds each fish; and every person buying selling or sending any such Sending to salmon of less weight than six pounds who shall be convicted thereof in London from manner as aforesaid shall forfeit the sum of five pounds for every such the said Rivers, offence besides the fish so to be bought and sold; one moiety of the said or buying, &c. sum and fish to be paid and distributed to the informer or informers and any Salmon less the other moiety thereof to the poor of the parish where such offence than Six Pounds shall be committed: the said sum if not paid upon conviction to be levied weight each, by distress and sale of the offender's goods and chattels by warrant under forfeits 51. the hand and seal of the justice or justices of peace before whom he shall be convicted as aforesaid, rendering the overplus if any be over and and above the charges of such distress to the owner; and in default of to be levied by sufficient distress, the offender shall be committed by such justice or Distress, and for Want, to be committed for Three Months.

VOL. VII.

N

No. XVII.

1 Geo. I.

st. 2. c. 18.

justices to the house of correction or other county gaol or prison, there
to be kept to hard labour for the space of three months, unless the said
forfeiture shall be in the mean time paid..

XVI. Provided, That where any offender in the said rivers or in any of
them shall be punished by force of this Act, he shall not be prosecuted
Offenders pu
nor incur the penalty of any other law or statute for the same offence.
nished by this Act, shall not incur the Penalty of any other Law.

Appeal.

The Owners of ancient Wears and Locks may repair them, &c.

XVII. Provided also and it is hereby enacted, That all persons who shall think themselves aggrieved by any judgment of any justice or justices of the peace in any of the cases aforesaid may appeal to the justices of the peace of the county city or place where such judgment shall be given at their next general quarter sessions, who are hereby empowered to hear and finally determine the same.

XVIII. Provided, That this Act or any thing herein contained shall not extend or be construed to extend to any ancient wears or locks upon any rivers; but that it shall and may be lawful for the proprietors or owners thereof to repair maintain rebuild remove or take down any of the said wears or locks, as they might have done in case this Act had not been made. (Continued by 23 Geo. 2. c. 26.)

[ No. XVIII. ] 9 Geo. II. c. 33.-An Act to render the
Law more effectual for preventing the Importation of
fresh Fish taken by Foreigners, and to explain so much
of an Act made in the Thirteenth and Fourteenth Years
of the Reign of King Charles the Second, as relates to
Ships exporting Fish to the Ports of the Mediterranean
Sea, and for the better Preservation of the Fry of Lob-
sters on the Coasts of Scotland.

[ No. XIX. ] 22 Geo. II. c. 49.-An Act for making a
free Market for the Sale of Fish in the City of West-
minster; and for preventing the Forestalling and Mono-
polizing of Fish; and for allowing the Sale of Fish
under the Dimensions mentioned in a Clause contained
in an Act of the First Year of his late Majesty's Reign,
in case the same are taken with a Hook.

[ No. XX. ] 23 Geo. II. c. 26. s. 7. A. D. 1750.—An Act
to amend so much of an Act made in the First Year of
the Reign of King George the First, as relates to the.
better Preservation of Salmon in the River Ribble.

[ No. XXI. ] 29 Geo. 11. c. 39. A. D. 1756.-An Act for
explaining amending and rendering more effectual an
Act made in the Twenty-second Year of his present Ma-
jesty's Reign, intituled An Act for making a free
Market for the Sale of Fish in the City of Westminster;
and for preventing the Forestalling and Monopolizing
of Fish; and for allowing the Sale of Fish under the
Dimensions mentioned in a Clause contained in an Act
of the First Year of his late Majesty's Reign, in case the
same are taken with a Hook.

1

[ No. XXII. ] 30 Geo. II. c. 21. A. D. 1757.-An Act for the more effectual Preservation and Improvement of the Spawn and Fry of Fish in the River of Thames and Waters of Medway; and for the better regulating the Fishery thereof.

[ No. XXIII. ] 33 Geo. II. c. 27. A. D. 1759.—An Act to repeal so much of an Act passed in the Twenty-ninth Year of his present Majesty's Reign, concerning a free Market for Fish at Westminster, as requires Fishermen to enter their Fishing-vessels at the Office of the Searcher of the Customs at Gravesend; and to regulate the Sale of Fish at the first hand in the Fishmarkets in London and Westminster; and to prevent Salesmen of Fish buying Fish to sell again on their own Account; and to allow Bret and Turbot, Brill and Pearl, although under the respective Dimensions mentioned in a former Act, to be imported and sold; and to punish Persons who shall take or sell any Spawn, Brood, or Fry of Fish, unsizeable Fish, or Fish out of Season, or Smelts under the Size of Five Inches; and for other Purposes.

[ No. XXIV. ] 2 Geo. III. c. 15. A. D. 1761.—An Act for the better supplying the Cities of London and Westminster with Fish, and to reduce the present exorbitant Price thereof; and to protect and encourage Fishermen.

[ No. XXV. ] 5 Geo. III. c. 14. A. D. 1765.

Act for

the more effectual Preservation of Fish in Fish-ponds and other Waters; and Conies in Warrens; and for preventing the Damage done to Sea Banks, within the County of Lincoln, by the breeding Conies therein. WHEREAS the several laws in being for the preservation of the fish

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5-Geo. III.

c. 14.

in rivers ponds pools motes stews and other waters are by experience found to be ineffectual to deter divers loose idle and disorderly persons from stealing taking away or destroying the fish therein bred and preserved;' May it therefore please your most excellent Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That in case any person or persons from and Persons conafter the first day of June one thousand seven hundred and sixty-five victed of stealshall enter into any park or paddock fenced in and inclosed or into any ing or destroygarden orchard or yard adjoining or belonging to any dwelling-house, in ing Fish, &c. or through which park or paddock garden orchard or yard any river are to be transstream of water shall run or be or wherein shall be any river stream pond ported for Seven pool moat stew or other water, and by any ways means or device whatsoever shall steal take kill or destroy any fish bred kept or preserved in any such river or stream pond pool moat stew or other water aforesaid without the consent of the owner or owners thereof; or shall be aiding or assisting in the stealing taking killing or destroying any such fish as

or

Years.

No. XXV.

5 Geo. III. c. 14.

aforesaid; or shall receive or buy any such fish, knowing the same to be so stolen or taken as aforesaid; and being thereof indicted within six calendar months next after such offence or offences have been committed, before any judge or justices of gaol delivery for the county wherein such park or paddock garden orchard or yard shall be, and shall on such indictment be by verdict or his or their own confession or confessions convicted of any such offence or offences as aforesaid; the person or persons so convicted shall be transported for seven years.

II. And for the more easy and speedy apprehending and convicting of such person or persons as shall be guilty of any of the offences before ' mentioned,' Be it further enacted by the authority aforesaid, That in Any Offender case any person or persons shall at any time after the said first day of convicting his June commit or be guilty of any such offence or offences as are hereinAccomplices en- before mentioned and shall surrender himself to any one of his Majesty's titled to Pardon. justices of the peace in and for the county where such offence or offences shall have been committed; or being apprehended and taken or in custody for such offence or offences or on any other account and shall voluntarily make a full confession thereof and a true discovery upon oath of the person or persons who was or were his accomplice or accomplices in any of the said offences, so as such accomplice or accomplices may be apprehended and taken, and shall on the trial of such accomplice or accomplices give such evidence of such offence or offences as shall be sufficient to convict such accomplice or accomplices thereof, such person making such confession and discovery and giving such evidence as aforesaid, shall by virtue of this Act be pardoned acquitted and discharged of and from the offence or offences so by him confessed as aforesaid.

Persons convicted of taking or destroying,

&c.

Forfeit to the
Owner of the
Fishery 51. See
Dougl. 499.

III. And be it further enacted by the authority aforesaid, That in case any person or persons shall after the said first day of June take kill or destroy or attempt to take kill or destroy any fish in any river or stream (1.) pond pool or other water (2.) (not being in any park or paddock, or in any garden orchard or yard adjoining or belonging to any dwellinghouse, but shall be in any other inclosed ground which shall be private property) every such person being lawfully convicted thereof by the oath of one or more credible witness or witnesses, shall forfeit and pay for every such offence the sum of five pounds to the owner or owners of the fishery of such river or stream of water, or of such pond pool moat or other water; and it shall and may be lawful to and for any one or more of his Majesty's justices of the peace of the county division riding or place where such last-mentioned offence or offences shall be committed, upon complaint made to him or them upon oath against any person or persons for any such last-mentioned offence or offences, to issue his or their warrant or warrants to bring the person or persons so complained of before him or them; and if the person or persons so complained of shall be convicted of any of the said offences last-mentioned before such justice

(1.) A stream of water running by the side of a piece of ground, which is inclosed on every side, except that on which it is bounded by the water, is not a stream in inclosed ground within the meaning of this Section, so as to subject a person fishing therein to the penalty inflicted by the Act. Lisle v. Brown; 1 Marsh, 127. S.Ċ. 5 Taunt. 440. For the form of a Conviction on this Statute, see Rex. v. Edwards, 1 E. R. 278; Rex. v. Daman, 2 B. & A. 378.

Rex v.

(2.) Conviction quashed because the Complaint did not appear to be made by the Owner, or the fishing to be without his consent. Corden. 4 Bur. 2279. In Rex v. Edwards, 1 East. 278. a Conviction for fishing in part of a River between A. in the County of W. and B. in the said County, was quashed for not showing that the place where the offence was committed was within the jurisdiction of the Magistrate. It was ob

jected that the Conviction for fishing without the consent was not sufficient without saying " against the Consent," and that the want of consent could only be proved by the Owner himself. No opinion was given on these objections; and see Observations, 1 Chitty, 322.

In a Conviction founded upon this Section, it must be distinctly stated in the Information and in the Evidence that the proceeding was at the instance of the Owner of the Fishery; and, therefore, where it was merely stated in the memorandum of a Conviction that the proceeding was at the instance of such Owner, and where the Information, without containing any such allegation, concluded with a mere prayer of Judgment on behalf of such Owner, and the Evidence was wholly silent on the subject, the Conviction was held to be bad. Rex v. Daman, 2 B. and A. 378.

or justices, or any other of his Majesty's justices of the same county division riding or place aforesaid, by the oath or oaths of one or more credible witness or witnesses, which oath such justice or justices are hereby authorised to administer, or by his or their own confession, then and in such case the party so convicted shall immediately after such conviction pay the said penalty of five pounds hereby before imposed for the offence or offences aforesaid, to such justice or justices before whom he shall be so convicted, for the use of such person or persons as the same is hereby appointed to be forfeited and paid unto; and in default thereof shall be committed by such justice or justices to the house of correction for any time not exceeding six months, unless the money forfeited shall be sooner paid.

IV. Provided nevertheless, That it shall and may be lawful to and for such owner or owners of the fishery of such river or stream of water, or of such pond pool or other water wherein any such offence or offences last mentioned shall be committed as aforesaid, to sue and prosecute for and to recover the said sum of five pounds by action of debt bill plaint or information in any of his Majesty's courts of record at Westminster; and in such action or suit no essoign wager of law or more than one imparlance shall be allowed; provided that such action or suit be brought or commenced within six calendar months next after such offence or offences shall have been committed.

V. Provided always and be it further enacted by the authority aforesaid, That nothing in this Act shall extend or be construed to extend to subject or make liable any person or persons to the penalties of this Act, 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 or persons shall have a just right or claim to take kill or carry away any such fish. (3.)

(3.) A fishing in order to try Claim of Right is not within the Statute, although a Verdict had been obtained on a former Action against the

No, XXV,

5 Geo. III.

c. 14.

Right of the Person under whom the Claim was made. Keinersley v. Orpe, Doug. 517.

[ No. XXVI. ] 11 George III. c. 27. A. D.-1771.—An Act for Regulating and Improving the Fisheries in the River Tweed, and the Rivers and Streams running into the same; and also within the Mouth or Entrance of the said River.

[ No. XXVII. ] 15 George III. c. 46. A. D. 1775.—An Act for amending and rendering more effectual an Act passed in the Eleventh Year of his present Majesty's Reign, intituled, An Act for regulating and improving the Fisheries in the River Tweed, and the Rivers and Streams running into the same, and also within the Mouth or Entrance of the said River.'

[ No. XXVIII. ] 18 George III. c. 33. A.D. 1777.—An Act for the better Preservation of Fish, and regulating the Fisheries, in the Rivers Severn and Verniew.

[No. XXIX. ] 31 George III. c. 51. A. D. 1791.-An Act for better protecting the several Oyster Fisheries within this Kingdom. WHEREAS the maintaining and preserving the several Oyster Fish- 31 Geo. IIL eries of this kingdom is a great national object: And whereas

c. 51.

Preamble.

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