(55) To the next general or quarter sessions (s. 5), and if he enter into a recognizance with one or two sureties to appear at the sessions, &c. the order shall not in the meantime be executed (s. 6).

(56) Witnesses not appearing, or refusing to be examined, to forfeit not exceeding 40s. (s. 3). See note (f), ante, p. 29.

(56 a) By this statute the same who received the complaint must adjudicate; but sect. 29 of the 11 & 12 Vict. c. 43, repeals this inconvenient practice (see ante, p.7, and note (a), p. 32).

OFFENCES within the 11 & 12 VICT. c. 43.

Statute.

DOGS.

1. Stealing.] Any person stealing any dog.

[MEM. The 5th section, which authorizes the issue of a search warrant
and the apprehension of persons found committing offences, does not
authorize the issue of a search warrant for the skin of a stolen dog;
consequently, as the finding of the skin by virtue of a search warrant
is the offence enacted by the 3rd section, no person can be appre-
hended or convicted of having the skin of a stolen dog in his posses-
sion. The 5th section appears inconsistent in other respects: it autho-
rizes one justice to deal with the case of a person brought before him
for having possession of a stolen dog, or found committing an offence,
while the 2nd and 3rd sections empower "two or more justices" to
convict.]

8 & 9 Vict.

c. 47, s. 2.

2. Having stolen Dogs, &c.] Any person in whose possession or on whose

premises
any dog

or

3. The skin thereof,

found by virtue of search warrant, knowing that the dog was
stolen, or that the skin was the skin of a stolen dog.

DRUNKENNESS.

Any person being drunk.

[MEM. The conviction may be on view of a justice: vide Note 57,
below, as to costs and period of imprisonment.]

Id. s. 3.

21 Jac. 1, c. 7,

ss. 1, 3.

FIREWORKS.

Making or Selling.] Any person making, giving, selling, or offering to 9 & 10 Will. 3, sale,

any squibs, rockets, serpents, or other fireworks, or any cases,
moulds, or other implements for making same.

[As to throwing them on a Highway or Turnpike Road, see those Titles,
post.]

c. 7, s. 2.

(57) A week must elapse between the conviction and the issue of the distress warrant, neither can the defendant be committed to the stocks forthwith if he confesses he has no goods (11 J. P. 360). Costs can now be recovered by distress, with the penalty, under 11 & 12

1st Offence.

At discretion of justices, either impr., with or without h. 1., for not exc. 6 cal. m. (Form (P 1), p. 57), or forfeit over and above value of dog not exc. £20 (s. 2). In default of payment, impr. with or without h. 1., for not exc. 2 cal. m., where penalty or value, or both, with costs not exc. £5; not exc. 4 cal. m. where same not exc. £10; and not exc. 6 cal. m. in any other case (s. 8). (Form (O 1) p. 60.) 2nd Offence. Indictable misdemeanor (s. 2).

1st Offence. Penalty not exceeding
£20 (s. 3). In default of payment
imprisonment as scale in Offence 1.
2nd Offence. Indictable misdemeanor
(s. 3).

Treasurer of county, &c. not being applied by the act (see ante, p. 73).

Id.

Vict. c. 43. ss. 18, 19, and in default of distress, the offender must be committed for 6 hours, and which cannot be sooner terminated by payment of penalty or costs, as in ordinary cases.

OFFENCES within the 11 & 12 VICT. c. 43.

Statute.

FISHERIES.

1. Salmon Fisheries, taking, &c. Spawn, &c.] Any person, upon any pretence whatsoever, at any time after the days fixed by justices in quarter sessions to be fence days, taking,

any spawn, fry, or brood of fish, or any unsizeable fish, or any
kepper or shedder salmon being unseasonable salmon, com-
monly called old salmon, or any salmon caught in any river,
[and the tributary streams thereof, 11 & 12 Vict. c. 52, s. 1,]
during the period when fishing for salmon is prohibited,

or

4. Having same in possession either on the water or on the shore, or bringing same to shore,

or

5. Crying or carrying about, selling or offering or exposing same to or for sale,

or

6. Exchanging same for any goods, &c.

7. Destroying Salmon with Lime, &c.] Any person, pursuing, taking, killing, or destroying,

or

8. Seeking or endeavouring to take, kill or destroy, pursue, hurt or
injure,

any salmon or salmon kind (Note 60), by laying or using any
hot lime or filth, or material or drug pernicious to fish,

or

9. Using any water in which any green lint or flax has been steeped,

or

10. Letting off stagnated water, or any water impregnated with any material or drug pernicious to fish.

11. Fry or Fish under size.] Taking any spawn, fry, or brood of fish, or any unsizeable fish, or fish out of season,

or

12. Any smelt not five inches long,

or

13. Knowingly having same in possession, either in the water or on the shore, or selling, or exposing same to sale.

6 & 7 Vict. c. 33, s. 7.

Id. s. 3.

33 Geo. 2, c. 27, s. 13.

(58) Of the county, &c. wherein the offender shall be or reside, or wherein or near to which the offence shall be committed (58 Geo. 3, c. 43, s. 6). If any offence be committed in such part of any river as runs between or forms the boundary of two adjoining counties, it shall be cognizable by any justice acting for either of such counties (6 & 7 Vict. c. 33, s. 5). By the 8th section of the 6 & 7 Vict. c. 33, all the provisions, clauses, &c. of the 58 Geo. 3, c. 43, are to apply to it.

(59) To the next general quarter sessions of the county, &c. if within ten days after the

cal. m. (11 & 12 Vict.

c. 43, s. 11).

One

or more

(Note
58).

Forfeit all spawn, &c. seized, baskets,
&c. and penalty not exc. £10 nor
less than £5 (6 & 7 Vict. c. 33, s. 7),

Yes

Spawn, &c. to prosecutor (s. 7).

levied by distress, or if no distress, (Note 59). Half penalty to

or the penalty and costs not imme-
diately paid, impr. and hard labour

for a

1st Offence. For not more than four
nor less than two (lunar) months;
for a

2nd Offence. Not more than eight nor
less than six (lunar) months; and
for a

3rd or other Offence. Not more than
twelve nor less than eight (lunar)
months (s. 6 of 58 Geo. 3, c. 43).

Forms, Distress Warrant (N 1), p. 63;|
Commitment (N 5), p. 64; Commit-
ment in the First instance (O 1), p. 60.

informer, the other half to poor of parish where offence committed (s. 6 of 58 Geo. 3, c. 43).

judgment, and twenty days before the session, he give and leave a written notice of appeal at the office of the clerk of the peace, and to the person or at the dwellinghouse of the informer or prosecutor, and shall also enter into a recognizance before the justice in a sum not exceeding £20 to try appeal (s. 12 of 58 Geo. 3, c. 43).

(60) This act is to apply to salmon trout, and fish of the salmon kind, as well as to salmon (11 & 12 Vict. c. 52, s. 2).