No. XXIX. 31 Geo. III. c. 51. From Aug 1, 1791, Persons unlawfully catching Oysters or Brood within the Limits of any Fishery, punishable by Fine and Impri sonment. Act not to ex tend to the tak- Justices may issue Warrants for apprehend ing Offenders, and, for want of Sureties, may commit them till the Quarter Sessions. the laws now in being are not sufficient effectually to maintain and preserve the said Fisheries and to prevent the destroying of the Oyster Brood therein : In order therefore the better to protect the said Fisheries, and to prevent the destroying of the Oyster Brood within the same,' May it please your 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 if any person or persons shall at any time from and after the first day of August one thousand seven hundred and ninety-one, with or by means of any net traul dredge or other instrument or engine whatsoever, take or catch any oysters or oyster brood within the limits of any oyster fishery of this kingdom, or shall dredge for oysters or oyster brood or use any oyster dredge or any net instrument or engine whatsoever within the limits of any such fishery for the purpose of taking or catching oysters or oyster brood, although no oysters or oyster brood shall be actually taken, or shall with any net instrument or engine drag upon the ground or soil of any such fishery, all and every such person and persons (other than and except such persons as shall be the owners lessees or occupiers of such fishery, or shall be otherwise lawfully entitled to take or catch oysters therein) shall be deemed and taken to be guilty of an offence and misdemeanor, and shall and may be prosecuted for the same by indictment at the assizes, or general quarter sessions of the peace to be holden in and for the county riding or division in which such fishery shall lie, and the justices in sessions are hereby authorised and required to hear and determine all and every such offence and offences; and such person or persons being lawfully convicted by verdict or by his or their own confession, shall and may be punished for any of the said offences by fine and imprisonment or either of them as the court before whom such person or persons shall be so convicted shall think proper, such fine not to exceed twenty pounds or be less than forty shillings, and such imprisonment not to be for more than three months or less than one month. II. Provided always, That nothing in this Act shall extend or be construed to extend to prevent or hinder any person or persons whomsoever from taking catching or fishing for any floating fish in the waters or creeks within the limits of any oyster fishery, with any net instrument or engine which shall be made or fitted for the purpose of taking or catching floating fish only. III. And be it further enacted, That it shall be lawful for any justice of the peace acting for any county riding or division wherein any offence shall be committed contrary to this Act, upon complaint and oath made before him (which oath he is hereby empowered to administer) that any person or persons except as aforesaid hath or have within thirty days next preceding such complaint, taken or caught any oysters or oyster brood within the limits of any oyster fishery, or dredged for oysters or oyster brood, or used any oyster dredge or any net instrument or engine within the limits of any such fishery for the purpose of taking or catching oysters or oyster brood, although no oysters or oyster brood shall be actually taken; or with any net instrument or engine dragged upon the ground or soil of any oyster fishery, to issue out a warrant or warrants under his hand and seal for the apprehending of the person or persons so offending, and for bringing him or them before himself or any other justice of the peace acting for such county riding or division; and the justice before whom such person or persons shall be brought shall and is hereby authorised and required if he see cause to commit him or them to the common gaol or other usual place of confinement for prisoners in and for such county riding or division, there to remain until the then next assizes or then next general quarter sessions of the peace to be holden in and for such county riding or division, whichever shall first happen next after such person or persons shall be so apprehended and brought before such justice, unless such person or persons shall enter into recognisance before such justice with two good and sufficient sureties (each and every of them in the penalty of twenty pounds) to appear either at the said next assizes or general quarter sessions of the peace which shall first happen as No. XXIX. aforesaid, then and there to answer any indictment or indictments that shall or may be preferred against him or them under or by virtue of 31 Geo. III. this Act. c. 51. IV. And be it further enacted, That if any person or persons except as aforesaid shall be found actually taking or catching any oysters or oyster Persons found brood within the limits of any oyster fishery, or dredging for oysters or taking or using oyster brood, or using any oyster dredge or any net instrument or engine Engines for takwhatsoever within the limits of any oyster fishery, for the purpose of ing Oysters or taking or catching oysters or oyster brood, although no oysters or oyster Brood, refusing brood shall be actually taken, or with any net instrument or engine to discover dragging upon the ground or soil of any such oyster fishery, it shall be themselves, lawful for any person being an owner lessee or occupier of such fishery, may be seized, or otherwise lawfully entitled to take or catch oysters therein, and for &c. bis apprentice or servant (in case the person or persons offending against this Act shall on being required so to do refuse to discover his or their real name or names and the true place or places of his or their abode or residence respectively) to seize secure and detain every such person so. being found actually taking or catching any oysters or oyster brood, or dredging for oysters, or using any oyster dredge or any net instrument or engine for the purpose aforesaid, although no oysters or oyster brood shall have been actually taken, or with any net instrument or engine dragging upon the ground or soil of such oyster fishery, and refusing to discover his real name and true place of abode, and forthwith to carry him and them before any justice of the peace acting for such county riding or division; and the said justice on oath being made before him (which oath he is hereby empowered to administer (of the offence against this Act, for which such person or persons was or were seized or secured and detained, shall and is hereby authorised and required to proceed against him and them in such and the same manner as if he or they had been apprehended and brought before such justice by virtue of a warrant or warrants issued for that purpose under the authority of this Act. V. Provided always, and be it further enacted, That no justice of the peace shall by virtue of this Act commit any person or persons or take or require any security from him or them for his or their appearance as aforesaid, unless one good and sufficient householder being an owner lessee or occupier of or otherwise lawfully entitled to take or catch oysters in the oyster fishery wherein the offence shall be sworn to have been committed (whose oath that he is such owner lessee or occupier or otherwise lawfully entitled as aforesaid shall be sufficient evidence thereof to such justice), shall enter into recognisance before the said justice in the penalty of twenty pounds for his appearing either at the then next assizes or general quarter sessions of the peace for the county riding or division, as the case may be, and then and there preferring and prosecuting with effect a bill of indictment against the person or persons so to be committed or bound by recognisance for the offence or offences for which he or they shall be so committed or bound as aforesaid. VI. And be it further enacted, That if at any time after any person or persons shall have been committed in pursuance of this Act two good and sufficient sureties shall before the justice by whom such person or persons was or were committed, or any other justice of the peace for the same county riding or division, enter into recognisance in the penalty of twenty pounds each, with condition for the appearance of such person or persons so committed at the then next assizes or general quarter sessions of the peace for the same county riding or division which shall first happen, then and there to answer to any indictment or indictments that shall or may be preferred against him or them by virtue of this Act; then and in such case it shall be lawful for any such justice by warrant under his hand and seal to order such person or persons to be discharged from his or their said commitment and delivered out of custody, and he and they shall be discharged accordingly; any thing herein contained to the contrary thereof in anywise notwithstanding. No Justice to commit, or require Security from any Persons, without Recognizance is entered into to prosecute. Persons may be discharged from Confinement upon Recogni sance. No. XXIX. c. 51. VII. Provided always, That nothing herein contained shall extend or 31 Geo. III. be construed to extend to repeal alter abridge or affect any Act of Parliament now in force respecting any particular oyster fishery within this kingdom, or any clause regulation method of proceeding power matter or thing therein; but that all and every the powers authorities jurisdictions and directions contained in all such Acts of Parliament shall and may be pursued enforced exercised and executed in such manner and form and as fully to all intents and purposes as if this Act had not been made. particular Oyster Fishery, or to preclude Prosecution at the Common This Act not to affect any Act now in force respecting any Law. Limitation of General Issue. Double Costs. VIII. Provided also, That nothing herein contained shall extend or be construed to extend to prevent bar or preclude any person from commencing any prosecution or action at the cominon law for any Act or offence herein-before described, which shall be done or committed within the limits of any oyster fishery, in such manner and form as if this Act had not been made; but nevertheless when any person shall have been punished in pursuance and by virtue of this Act for any offence against the same, such person shall not be prosecuted by virtue of any other law or statute or be liable to any other punishment or penalty for the same offence, or to have any other action or suit in law or equity brought against him on account of that offence for which he shall have been punished in pursuance of this Act. IX. And be it further enacted, That no action at law shall be brought or commenced against any person or persons for any arrest authorised to be made, or any other matter or thing done or to be done by virtue of this Act, until after twenty-one [days notice thereof in writing shall have been given to the person or persons against whom such action is intended to be brought or left at his or their last usual place or places of abode, setting forth the cause of such action; and that every such action shall be brought within the space of six calendar months next after the cause of complaint shall arise, and shall be laid and tried in the proper county wherein the same did arise, and not elsewhere; and the defendant or defendants in such action may plead the general issue, and on the trial thereof give this Act and the special matter in evidence; and if on the trial of such action it shall appear that the same was commenced without having given such notice, or before the expiration of twenty-one days next after such notice shall have been so given or left as aforesaid, or after the end of six calendar months next after the cause thereof shall have arisen, or if such action shall be brought or laid in any other county than as aforesaid, or after sufficient tender of amends shall have been made to the party or parties aggrieved, that then and in any of the cases aforesaid a verdict shall be entered as found for the defendant or defendants; and in all cases where a verdict shall be found or entered for the defendant or defendants in any such action, or if the plaintiff or plaintiffs shall discontinue the same after appearance or shall be nonsuited, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs the defendant or defendants in such action shall have double costs, and the like remedies for recovering the same as defendants have by law for recovering their costs in other cases. X. And be it further enacted, That this Act shall be deemed and taken to be a public Act; and shall be judicially taken notice of as such by all judges justices and other persons without specially pleading the same. [ No. XXX. ] 36 Geo. III. c. 118. A.D. 1796.-An Act to authorize the Sale of Fish at Billingsgate by Retail. [No. XXXI. ] 37 George III. c. 48. A. D. 1797.—An Act for altering, amending, and rendering more effec tual two Acts, made in the Eleventh and Fifteenth Years No. XXXI. of the Reign of his present Majesty, for the Regulation 37 Geo. III. and Improvement of 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. c. 48. [No. XXXII. ] 37 Geo. III. c. 95.-An Act to amend two Acts, made in the Fourth Year of the Reign of Queen Anne, and the First Year of the Reign of King George the First, for the Preservation of Salmon and other Fish, in the Rivers within the Counties of Southampton and Wilts. [ No. XXXIII. ] 42 George III. c. 88.-An Act for repealing so much of an Act made in the Second Year of the Reign of his present Majesty, intituled, 'An Act for the better supplying the Cities of London and West'minster with Fish, and to reduce the present exorbitant Price thereof, and to protect and encourage Fisher'men,' as limits the Number of Fish to be sold by Wholesale within the said City of London; and for the better Regulation of the Sale of Fish by Wholesale in the Market of Billingsgate within the said City. 6 [No. XXXIV. ] 43 Geo. III. c. 61.-An Act to alter and amend two Acts, passed in the Thirteenth Year of the Reign of King Edward the First, and in the Thirteenth Year of the Reign of King Richard the Second, for the Preservation of Salmon and other Fish in the Rivers Teign, Dart and Plym, in the County of Devon. [No. XXXV. J 45 Geo. III. c. 33.-An Act for the Preservation of Salmon and other Fish in the Rivers in the County of Carmarthen, and County of the Borough of Carmarthen. [ No. XXXVI. ] 46 Geo. III. c. 19. A. D. 1806.-An Act for the Regulation of the Oyster, Sole, and Salmon Fisheries, within the Harbour of Milford, in the County of Pembroke, and the Rivers running into the said Harbour. [ No. XXXVII. ] 47 Geo. III. Sess. 1. c. 29. A. D. 1807. [ No. XXXVIII. ] 48 Geo. III. c. 144. A. D. 1808.-An Act for the more effectual Protection of Oyster Fisheries and the Brood of Oysters in England. WHEREAS an Act of Parliament passed in the thirty-first year of the reign of his present Majesty, intituled "An Act for better protecting the several oyster fisheries within this Kingdom:" and whereas the provisions of the said Act have been found inadequate to the protection of the oyster fisheries of this kingdom: and whereas 'doubts have arisen since the passing of the said Act whether the taking oysters or oyster brood from any oyster bed or laying or from any oyster fishery can under any circumstances be deemed felony and punishable as such: and it is therefore expedient and necessary that more effectual provision should be made for the protection of the oyster 'fisheries and for removing such doubts as aforesaid: May it therefore please your Majesty that it may be declared and enacted;' and be it declared and 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 every person who shall at any time after the first day of August one thousand eight hundred and eight knowingly and wilfully steal take and carry away any oysters or oyster brood from any oyster bed or oyster laying or oyster fishery, being the property of any person or persons or body or bodies politick or corporate and sufficiently marked out as such, shall be deemed guilty of felony and shall and may be transported for any term not exceeding seven years, or be imprisoned and kept to hard labour in any common gaol or house of correction or penitentiary house, or imprisoned only for any term not exceeding three years, as the court before whom any such person shall be convicted may adjudge. . II. Provided always and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to subject or make liable any person or persons to the penalties of this Act who shall take or carry away any oyster or oyster brood from any oyster bed oyster laying or oyster fishery wherein such person or persons shall have or claim to have a right to take and carry away such oysters or oyster brood. III. And whereas doubts may arise in what parish or county any oyster beds layings or fisheries are situated, and on that account difficulties may occur in bringing offenders to justice;' Be it therefore further enacted, That it shall be sufficient in any indictment under this Act, or under the said recited Act of the thirty-first year aforesaid, to describe either by name or otherwise the bed laying fishery in which the offence shall have been committed, without stating the same to be in any particular parish; and where the offence is committed on the border of any county so as to make it difficult to ascertain the county, such offence may be stated to have been committed in the county in which the indictment shall be preferred, being either the county in which the offence was committed or the adjoining county. IV. And whereas it is doubtful whether justices of the peace for towns corporate boroughs or other places and not being counties of themselves and having special or exclusive jurisdictions, can act by virtue of the statute of the thirty-first year aforesaid;' Be it therefore enacted and declared, That it shall be lawful for such justices to act in all cases arising within their respective jurisdictions in like manner as any justice of the peace for any county riding or division may act for such county riding or division in the execution of the said Act or of any law for protecting the oyster fisheries and broods of oysters. V. And be it further enacted, That nothing herein contained shall extend or be construed to extend to repeal any of the provisions of the said Act of the thirty-first year aforesaid, except so far as the same respect the stealing and taking of oysters from any oyster bed laying or fishery. |