No. VIII. 1 Eliz. c. 17. To what Persons or Waters this Statute doth not extend. How Persons. for unlawful fishing, hunting in a Park, and taking of Hawks or Hawks' Eggs out of another's Ground, shall be punished. XIII. Provided always, That this Act nor any thing therein contained shall not extend to the fishing of the river or water of Tweed; nor to any river or water whereof the Queen's Majesty is answered of any yearly rent or profit; nor to the owners farmers and occupiers of the rivers of Uske or Wye in the county of Monmouth, for any fish hereafter to be taken in any the rivers or waters before-mentioned and expressed: but that it shall be lawful at all seasonable time and times hereafter for such as have or shall have any manner of interest therein to take and fish the said rivers and waters in such manner and form as heretofore hath been used and accustomed, not using any net or engine to the intent willingly to take kill and destroy the spawn breed or fry breeding any kind of fish within the said several rivers or waters; this Act or any thing therein mentioned or contained to the contrary notwithstanding. 3 Car. 4. made perpetual, except as to this last section. See 3 Jac. I. c. 12. SO Car. II. st. 1. c. 9. 4 & 5 Wm. & Mary, c. 23. 4 Ann. c. 21. 9 Ann. c. 26. 1 Geo. I. st. 2. c. 18. 5 Geo. I. c. 18. 23 Geo. II. c. 26. s. 7. 26 Geo. II. c. 9. 30 Geo. II. c. 21 § 30.—and 33 Geo. II. c. 27. [No. IX. ] 5 Eliz. c. 21. A. D. 1562.—An Act for punishing of unlawful taking of Fish, Deer, or Hawks. 5 Eliz. c. 21. WHERE as well as the Queen's Majesty and her most noble progenitors as also the noblemen gentlemen and divers other persons of great dominions lordships maners and possessions within this realm have of ancient and long time had and many of them now of late to their great costs and charges for the necessary and better provision and maintenance of their households have erected and made in and upon their several demeans grounds and possessions, as well pooles stagnes stewes motes pits or ponds for the only increase of fish, and have stored the same with pikerel breme tench carp and divers others good kinds of fish for the necessary increase of victuals and for the better maintenance and provision of their houses as is aforesaid, and also have imparked environed and enclosed many parcels of their said demeans soils grounds and possessions for the breeding cherishing and increase as well of red as fallow deer within their several parks and inclosures for the causes afore-declared, and also have breeding within their woods and grounds divers eyries of hawks of sundry kinds to their great pleasure and commodity: Yet nevertheless, the said several waters grounds parks and inclosures so being had erected and made, and also being so stored and replenished have been from time to time by evil-disposed persons of a very evil wilful and insolent disposition and of malice and displeasure not only by night-time broken and entered into but also the heads or dammes of the said ponds pools stagnes motes stews or several waters have been maliciously wilfully and unlawfully cut out, and the pales fences and inclosures of the said parks and grounds broken cast down and set open, and the fish deer and hawks within the same taken destroyed carried away and stolen, not only to the great loss and damage of the owners thereof and to the small encouragement of other good subjects minding the careful provision of such necessary victuals, but also to the manifest emboldening of many like wilful malefactors and malicious offenders, whereby many riots manslaughters mischiefs and other inconveniences have been daily perpetrated, and are like to be committed and done, if circumspect remedy be not hereunto provided. The Penalty for Destroying of any Pool, Pond, &c. or for the taking of any Fish. 31 H. 8, c. 2. II. Be it therefore enacted by the Queen's Majesty the Lords Spiritual and Temporal and the Commons of this present Parliament aasembled, and by the authority of the same, That if any person or persons after the Feast of Pentecost next coming shall at any time by day or by night unlawfully without authority break cut down cut out or destroy any head or heads dam or dams of any ponds pools motes stagnes stewes or several pits wherein fish are or shall happen to be put in or stored withal by the owners or possessioners thereof or do or shall wrongfully fish in any of the said several ponds pools motes stagnes stewes or pits to the intent to destroy kill take or steal away any of the same fish against the will mind or pleasure of the owners or possessioners of the same not having any lawful title or authority so to do, and thereof be lawfully convicted at the suit of our Sovereign Lady the Queen her heirs or successors or the party grieved, shall suffer imprisonment of his or their bodies by the space of three months and shall yield and pay to the party grieved his treble damages; and after the said three months expired shall find sufficient sureties for his or their good abearing against the Queen our Sovereign Lady her heirs and successors and all her liege people for the space of seven years after; or else shall remain and continue still in prison without bail or mainprize, until such time as he or they so offending can and shall find sufficient sureties during the said time and space of seven years as is aforesaid. [III. The penalty for breaking of a park and hunting of deer. 3 Jac. I. c. 13. Co. Pl. 361.-The penalty for taking of hawks or hawks' eggs out of another's grounds.] [IV. A park inclosed without licence of the Queen, &c.] No. IX. 5 Eliz. c. 21. V. Provided always and be it enacted by the authority aforesaid, That The Remedy of it shall be lawful for the party grieved to sue and take his further remedy the Party against all and every such offender and offenders for his loss and da- grieved, and mages, and to recover the treble value of the same in this behalf as well before whom. before justices of oyer and determiner justices of assizes in their circuits and justices of the peace as elsewhere in any other the Queen's courts of record; and that upon the true satisfaction of the said treble damages to The Party the party grieved or upon the confession and knowledge thereof by the grieved may resame party before the said justices in open sessions to be holden within lease the Surethe county where the offence was committed, it shall be at the liberty of tiship of good the same party grieved to whom the said offence was committed to release Abearing. at his pleasure the said suretiship of good abearing at any time within the said seven years or before; any thing in this present Act before specified or expressed to the contrary notwithstanding. VI. And be it further enacted by the authority aforesaid, That the jus- What Justices tices of oyer and determiner justices of assize in their circuits and justices may hear and of the peace and gaol delivery in their sessions shall by virtue hereof have determine the power and authority to inquire hear and determine all and singular the Offences aforeoffences aforesaid and to make and award process thereupon as well upon said. indictments taken before them as by bill of complaint information or any other action; in which suit or action no essʊign wager of law nor protection shall be allowed. VII. And be it further enacted by the authority aforesaid, That if any In what Case person or persons at any time hereafter shall fortune to be bound before the Justices of Peace may any of the justices before-mentioned to the Queen her heirs or successors for his or their good abearing for seven years according to the release the Oftenour of this Act, and the same party or parties so bound shall after- fender of the wards within the said seven years come before the justices of the peace See 1 Jac. c. 27. good Abearing. of the said county where the said offence was committed or some of them 7 Jac. c. 13. in open sessions, and there in the said open sessions confess and acknow- 22 & 23 Car. 2. ledge his or their said offence or offences and be sorry therefore and sa- c. 25. tisfy the party or parties grieved according to the tenour of this Act; 4 & 5 W. & M. that then the said justices before whom the confession shall be so made c. 23. shall and may have power and authority by virtue of this Act in the same 5 Ann. c. 14. open session or in any other open session afterwards to be holden before 9 Ann. c. 25. the said justices in the said county within the said term of seven years, 3 Geo. 1. c. 11. if it shall seem good to their discretions, to discharge the said recognisance 8 Geo. 1. c. 19. and bond so taken and also the said party and parties so bound; this Act 10 Geo. 2. c.32. or any thing therein contained to the contrary notwithstanding. 28 Geo. 2. c. 12. No. X. 3. Jac. I. c. 12. 3 Jas. I. c. 12. 13 Ed. 1. c. 47. The Forfeiture for setting up of a new Wear, or for destroy" ing the Spawn or Fry of Fish. Forfeiture for Fishing with certain Nets and Engines. What Sort of Fish may be taken with the [ No. X. ] 3 James I. c. 12. A. D. 1605.-An Act for the better Preservation of Sea Fish. FORASMUCH as it is certainly known by daily experience that the brood of sea fish is spawned and lieth in still waters, where it may ' have rest to receive nourishment and grow to perfection, and that it is there destroyed by wears draw-nets and nets with canvas or like engines in the middle or bosom of them in harbours havens and creeks within this realm, to the great damage and hurt of fishermen and hindrance of the commonwealth, for that every wear near the main sea taketh in twelve hours sometimes the quantity of five bushels sometimes ten sometimes twenty or thirty bushels of the brood of sea fish; and also those which use draw-nets, nets with canvas or engines in the 'midst of them, do every day they fish destroy the brood of all the sorts " of fish aforesaid in great multitudes :' II. For reformation whereof be it enacted by the authority of this present Parliament, That every person and persons that from and after the five-and-twentieth day of July next ensuing this session of Parliament, shall erect or set up any new wear or wears along the sea shore or in any haven harbour or creek or within five miles of the mouth of any haven or creek, or shall willingly take destroy or spoil any spawn fry or brood of any sea fish (1.) in any wear or other engine or device whatsoever, shall forfeit for every time so erecting setting up taking destroying or spoiling, contrary to this Act, the sum of ten pounds of good and lawful money of England, the one half to the King's Majesty his heirs or successors, and the other half to him that will sue for the same: and that every person which after the first day of October next ensuing this session of Parliament in any haven harbour creek or within five miles of the mouth of any haven harbour or creek of the sea, shall fish with any draw-net or drag-net under three inches meash, viz. one inch and an half from knot to knot except for the taking of smoulds in Norfolk only, or with any net with canvas or other engine or device, whereby the spawn fry or brood of sea fish may be destroyed, shall forfeit such net and also forfeit for every time so doing ten shillings of lawful money of England, the one half to the use of the poor people of the city town corporate borough market town parish or liberty where the offence or offences shall be committed, and the other half to the person that shall sue for the same; the said forfeitures to be levied to the uses aforesaid by the mayor bailiff or other head officer of every city borough or town corporate and by warrant of one or more justices of peace it shall be lawful for the constables and churchwardens of every market town parish or liberty within which any such offence or offences shall be done, by way of distress and sale of the offender's goods, rendering to them the surplusage, according to the order of former statutes in such cases of forfeitures ordained. III. Provided always, That this Act or any thing therein contained, shall not extend to punish any person or the persons for using any net or nets of lesser meash than is by statute appointed only for taking of Nets prohibited. herrings pilchards sprats or lavidnian; any thing in this Act to the contrary in any wise notwithstanding. IV. Provided further, That this Act shall not extend to the isle and county of Anglesey. (1) V. Bridges v. Richardson, 2 M. & S. 568. [ No. XI. 22 & 23 Car II. c. 25. A. D. 1670.—An Act for the better Preservation of the Game, and for securing Warrens not inclosed, and the several Fishings of this Realm. [Inserted post. title Game, p. 217.] [ No. XII. ] 30 Car. II. c. 9. A. D. 1678.—An Act for Preservation of Fishing in the River of Severn. No. XIII. ] 4 and 5 William and Mary, c. 23.-An Act for the more easy Discovery and Conviction of such as shall destroy the Game of this Kingdom. [Inserted post. title Game.] [ No. XIV. ] 10 and 11 William III. c. 24. A.D. 1690. -An Act for making Billingsgate a free Market for Sale of Fish. [No. XV. ] 4 Annæ, c. 21. A.D. 1705.-An Act for the Increase and better Preservation of Salmon and other Fish, in the Rivers within the Counties of Southampton and Wilts. [ No. XVI. ] 9 Annæ, c. 26. A.D. 1710.—An Act for the better Preservation and Improvement of the Fishery within the River of Thames, and for regulating and governing the Company of Fishermen of the said River. No. XVII. 1. 1 George I. St. 2. c. 18. A. D. 1714.-An iv. No. XII. 30 Car. II. c. 9. AND whereas of late years the breed and fry of sea fish has been 1 Geo. I. c. 18. greatly prejudiced and destroyed by the using of nets of too Meshes of Nets small size or mesh, and by other illegal and unwarrantable practices;' to be Three InBe it enacted by the authority aforesaid, That from and after the twenty- ches and an fifth day of September one thousand seven hundred and sixteen, if any Half from Knot person or persons shall use at sea upon the coast of that part of Great to Knot. Britain called England, any traul-net drag-net or set-net whatsoever for the catching of any kind of fish (except herrings pilchards sprats or lavidnian) which hath any mesh or moke of less size than three inches and an half at least from knot to knot, or which hath any false or double bottom cod or pouch, or shall put any net or nets though of legal Nor shall any size or mesh upon or behind the others in order to catch or destroy the Net, though of small fish which would have passed through any single net of three legal Size, be inches and half mesh, all and every such person and persons so offend- put behind aning shall forfeit all and singular such net or nets so used contrary to the other. true intent and meaning hereof, and also for every such offence the sum of twenty pounds of lawful money of Great Britain, to be recovered and. levied in such manner and form as the penalty above inflicted upon the on Penalty of master of any vessel wherein fish shall be imported contrary to this Act Forfeiture is above directed to be recovered and levied; and in default of payment thereof and 201. of the said twenty pounds or of sufficient distress, the offender to be imprisoned in like manner during the space of twelve months. V. And it is hereby further enacted, That all penalties and forfeitures mentioned in this Act, except nets of illegal or false bottoms cods or pouches as aforesaid (all necessary charges for the recovery thereof being first deducted) shall be distributed and disposed of in manner following (that is to say) one moiety thereof to the informer, and the other moiety thereof to the poor of the parish where such offence shall be committed. VI. And it is hereby further enacted and provided, That where any illegal nets of less mesh or moke than three inches and half at least from knot to knot or of false or double bottom cod or pouch shall be proved as aforesaid to have been forfeited, such net or nets shall by warrant of such justice or justices be publicly burnt. VII. And for the further preservation of the said fry of fish,' be it enacted by the authority aforesaid, That if any person or persons shall at any time after the twenty-ninth day of September one thousand seven hundred and fifteen bring to shore in that part of Great Britain called England, sell offer or expose to sale or shall exchange for any other goods matter or thing any unsizeable fish, that is to say, bret turbet brill or pearl codlin whiting mullet bass plaice soles or flounders, which shall not be of the several lengths or sizes following, from the eyes to the utmost extent of the tail (viz.) every bret or turbet sixteen inches; every brill or pearl fourteen inches; every codlin twelve inches; every whiting six inches; every bass and mullet twelve inches; every sole eight inches; every plaice or dab eight inches; and every flounder seven inches; all and every person and persons so offending shall for every such offence forfeit all and every such unsizeable fish so brought on shore sold offered or exposed to sale or exchanged as aforesaid to the poor of the parish or place where such offence shall be committed, and also shall for every such offence forfeit and pay the sum of twenty shillings of lawful money of Great Britain, one moiety thereof to the informer and the other moiety thereof to the poor of the parish or place where the offence shall be committed, and to be levied and recovered as other penalties by this Act inflicted are directed to be levied and recovered; and in default of payment of the said forfeiture or of sufficient distress for satisfaction thereof, the offender shall by warrant of one or more justice or justices of the peace be sent to the next house or houses of correction or other common gaol or prison of any county city town or place where such offence shall be committed, there to be severely whipped and kept to hard labour for the space of six days and not longer than fourteen days. VIII. Provided always, That where any person shall suffer imprisonment pursuant to this Act for any offence contrary hereunto in default of payment of or sufficient distress for any penalty hereby imposed, such person shall not be liable afterwards to pay such penalty. IX. Provided always, That no person shall suffer any punishment for any offence committed against this Act, unless the prosecution for the same be commenced within one month after such offence committed; any thing herein contained to the contrary notwithstanding. XIV. And whereas the several Acts of Parliament heretofore made for the preservation of fishing within the rivers of this realm have hi'therto proved ineffectual in respect to the rivers Severn Dee Wye Teame ‹ Were Tees Ribble Mersey Dun Air Ouze Swaile Calder Wharf Eure 'Darwent and Trent, for want of a due encouragement to be given to 'such persons who would discover the many illegal practices and abuses 'done therein, and by reason of the dilatoriness and expensiveness of the 'suits and proceedings directed by the said Acts for punishing such 'abuses; wherefore for remedy thereof and for the better securing the spawn fry and young breed of salmon in the said rivers, Be it further enacted by the authority aforesaid, That if any person or persons whatsoever shall at any time hereafter lay or draw any kind of nets engines or devices, or wilfully do or commit or cause to be done or committed any other act whatsoever in the said rivers or in any of them, whereby the spawn or small fry of salmon therein or any kepper or shedder salmons or any salmon not being in length eighteen inches or more from the eye to the extent of the middle of the tail shall be taken and killed |