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Balkers, &c., may enter

into grounds of others to take or discover fish.

94, 97.

late time hath been very great and profitable, as well to divers of the Fishermen and inhabitants which dwell near the sea-coasts within the said counties, as in the cities of London and Exeter, and elsewhere within the Realm of England and the dominions thereof : And whereas also for the necessary use of the taking of the said Herrings, Pilchards and other Sean-fish, divers persons within the said counties called Balkers, Huors, Condors, Directors or Guidors at the fishing times for the said Herrings, Pilchards and other Sean-fish within the said counties, time out of mind have used to watch and attend upon the high hills and grounds near adjoining to the seacoasts within the said counties, for the discovery and giving notice to the Fishermen and inhabitants near adjoining, when the said Herrings Pilchards and Sean-fish come towards or near the sea-coasts there, and for the guiding and directing of the Fishermen in their boats upon the sea-coasts for the taking of the said Herrings, Pilchards and other Sean-fish.

II. And whereas also now of late divers persons having lands, tenements and hereditaments near or adjoining to the sea-coasts within the said counties where the fishing places for the taking of the said Herrings, Pilchards and other Sean-fish are, have brought their actions of trespass at the common law, as well in the High Courts of Record at Westminster, as in the inferior Courts within the said counties, not only against such Balkers, Huors, Condors, Directors and Guidors, but also against such Fishermen and other persons, for breaking of their close, as have attended their seans or nets for the drawing and carrying of the said fish on land or shore, and have recovered against them costs and damages, to their great loss and expences; by reason whereof, such Watchmen, Balkers, Huors, Condors, Directors and Guidors, and such other persons as heretofore have attended the said seans and fishing, have forborn to enter into or go upon the lands, tenements and hereditaments, near adjoining to such fishing places within the said counties, for the watching or discovery of the said Herrings, Pilchards and other Sean-fish, or to balk, hue, cond or direct, or to attend the seans or nets as heretofore they have done, and will likewise forbear the same hereafter, if provision be not had and made that they may lawfully enter into and upon such lands, tenements and hereditaments, as do lie near or adjoining to the said sea-coasts and places of fishing as aforesaid, for the watching, balking, directing and attending of the seans, as is aforesaid.

III. For remedy whereof, and for the maintenance of the said trade of fishing, which doth so greatly tend to the profit of many of the inhabitants within the said counties, and others, Be it therefore enacted by our Sovereign Lord the King, the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled,

that it shall and may be lawful at all time and times hereafter, to and for all and every such Watchman, Balkers, Huors, Condors, Directors and Guidors, and all such Fishermen and all other persons as shall necessarily attend the said seans or nets, as aforesaid, at the times of fishing for Herrings, Pilchards and other Sean-fish within the said counties where such fish shall hereafter be taken, to enter and go into and upon any lands, tenements and hereditaments, which do lie or adjoin near unto any such fishing places, and sit, convenient and necessary to watch and balk in, or to draw and carry the said fish on shore, and there to watch for the said fish, and to balk, hue, cond, direct and guide the Fishermen which shall be upon the said sea and sea-coasts for the taking of the said fish, and to draw and carry the said fish on land or shore, any law, usage or custom to the contrary in anywise notwithstanding.

Plea for

Condor, &c., in action of

IV. And be it further enacted by the authority aforesaid, that if any action of trespass or other suit shall at any time hereafter happen to be attempted and brought against any person or persons trespass. for entering and going on the land for watching of the said fish, or for balking, huing, conding, directing or guiding of the said Fishermen in their boats upon sea or sea-coasts for taking of the said fish, or for the landing of the said fish, as aforesaid, by authority of this present Act, the defendant or defendants in any such action or suit shall and may plead not guilty for any thing doing by virtue of this Act: And upon the trial of that issue, the whole matter to be given on both parties in evidence, according to the very truth of the same: And after such issue tried for the defendant or defendants, or non- Costs. suit of the plaintiff or plaintiffs after appearance, the same defendant Damages or defendants to recover his or their damages, by reason of his or their wrongful vexation in that behalf, with costs also in that behalf sustained; and that to be assessed by the same jury that shall try the said issue; or else by writ to enquire of the damages, as the case shall require; for which costs and damages such defendant shall and may by virtue of this Act take and sue forth such execution as the defendant in a replevin may do.

11 GEO. III. c. 31.

An Act for the Encouragement of the White Herring Fishery. [1771.]

WHEREAS the carrying on and improvement of the British White Herring Fisheries are of great importance to these kingdoms, by increasing the trade and navigation thereof, and being a nursery for seamen, and otherwise a means of employing and providing for great numbers of industrious poor, provided that reasonable encouragement

Persons employed in the said Fisheries to have the free use of all ports, har

bours, &c., in

Britain and

the islands

thereto belonging.

94, 97, 181,

196.

Offenders to forfeit 1007.

Saving as to dues for artificial harbours or piers.

181.

Penalty to be determined by

bill or information.

181.

be given to such persons as are willing to carry on the said

Fisheries:

1-10. [Repealed by 31 & 32 Vict. c. 45.]

11. And . . . all and every person or persons employed in the said Fisheries (b) may fish in any part of the British seas, and shall have and exercise the free use of all ports, harbours, shores and forelands in Great Britain, or the islands belonging to the Crown of Great Britain, below the highest high-water mark, and for the space of 100 yards on any waste or uncultivated land beyond such mark, within the land, for landing their nets, casks, and other materials, utensils, and stores, and for erecting tents, huts and stages, and for the landing, pickling, curing, and reloading their fish, and in drying their nets, without paying any foreland or other dues, or any other sum or sums of money, or other consideration whatsoever, for such liberty (except as hereinafter is excepted), any law, statute, or custom to the contrary notwithstanding: And if any person or persons shall presume to demand or receive any dues, sums of money, or other consideration whatsoever, for the use of any such ports, harbours, shores, or forelands within the limits aforesaid, or shall obstruct the fishermen, or other persons employed in the taking or curing of fish, or drying their nets, in the use of the same, every person so offending shall, for every such offence, forfeit the sum of one hundred pounds, to be recovered and levied in manner hereinafter directed.

12. Provided always, that nothing in this Act contained shall extend to exempt the vessels or boats employed in the said fisheries from the payment of such harbour or pier dues as are, and by the law ought to be, demanded for ships, vessels, or boats, in piers or harbours, which are built or artificially made, but that such harbour or pier dues shall be paid in like manner as the same was liable to be paid before the passing of this Act.

3. And . . . the penalty herein before mentioned shall and may be prosecuted and determined by bill, plaint, or information, in any of His Majesty's Courts of Record at Westminster, or in the Court of Exchequer in Scotland respectively; wherein no essoin, protection, privilege, wager of law, or more than one imparlance, shall be allowed, and one moiety of such penalty shall be to the use of his Majesty, and the other moiety to such person or persons as will sue for and prosecute the same.

(b) British White Herring Fisheries, see preamble of Act.

6 & 7 VICT. c. 79.

An Act to carry into effect a Convention between Her Majesty and the King of the French concerning the Fisheries in the Seas between the British Islands and France (c). [22nd August, 1843.] [Short title.-The Sea Fisheries Act, 1843, given by Short Titles Act, 1892.]

WHEREAS a Convention was concluded between Her Majesty and the King of the French on the second day of August in the year one thousand eight hundred and thirty-nine defining the limits of the oyster fishery between the island of Jersey and the neighbouring coast of France, and also defining the limits of the exclusive right of fishery on all other parts of the coasts of the British Islands and France: And whereas by the eleventh Article of the said Convention it is stipulated and agreed, that "with a view to prevent the collisions which now from time to time take place on the seas lying between the coasts of Great Britain and of France between the trawlers and the line and long net fishers of the two countries, the high contracting parties agree to appoint, within two months after the exchange of the ratifications of the present Convention, a Commission, consisting of an equal number of individuals of each nation, who shall prepare a set of Regulations for the guidance of the fishermen of the two countries in the seas above-mentioned; the Regulations so drawn up shall be submitted by the said Commissioners to the two Governments respectively for approval and confirmation; and the high contracting parties engage to propose to the Legislatures of their respective countries such measures as may be necessary for the purpose of carrying into effect the regulations which may be thus approved and confirmed": And whereas, pursuant to the said Convention, Commissioners duly appointed and authorized by Her Majesty and His Majesty the King of the French respectively have agreed upon certain articles set forth in the Schedule annexed to this Act for the guidance of the fishermen of the two countries in the seas lying between the coasts of the United Kingdom of Great Britain and Ireland and those of the Kingdom of France, which Articles, in further fulfilment of the said Convention, have been approved and confirmed on the part of Her

(c) This Act is repealed by the Sea Fisheries Act, 1868, s. 71; but by the Fisheries (Oyster, Crab and Lobster) Act, 1877, s. 15, it is enacted, that notwithstanding anything contained in the Sea Fisheries Act, 1868, this Act, so far as regards French fishermen and French sea fishing boats, shall be in force until the day when the Convention set out in the first schedule to the Sea Fisheries Act, 1868, comes into operation; and by the Sea Fisheries Act, 1883, s. 24, it is provided that on certain conditions this Act may be repealed by Order in Council from a date fixed by the order; and sect. 30 and sched. 11, Part I. of that Act repeals so much of the schedule of this Act as prohibits any French fishing boat from approaching nearer to any part of the coast of the United Kingdom than the limit of three miles, and so much of the rest of this Act as relates to the portion of the schedule thereby repealed.

95, 182.

Majesty by one of Her Majesty's Principal Secretaries of State, and on the part of His Majesty the King of the French by the Ambassador Extraordinary of His said Majesty to the Court of London: Be it therefore enacted by the Queen'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 Confirmation of the same, that the said Articles shall be binding on all persons, and shall have the force of law, as fully as if they were herein severally and specially enacted.

of Articles.

Amendment of 13 & 14

Car. 2, c. 28.

For enforcing Convention and Articles.

II. And whereas by the said Convention and Articles French fishermen are forbidden to fish in the seas between the British Islands and France within the distance of three miles from low-water mark, as defined in the said Convention and Articles, but are not forbidden to fish anywhere beyond the said distance of three miles: And whereas by an Act passed in the reign of King Charles the Second, intituled An Act for the Regulation of the Pilchard Fishery in the counties of Devon and Cornwall, the taking of fish in the manner therein mentioned is forbidden, unless it be at the distance of one league and a half at least from the shores of Devon and Cornwall respectively; be it enacted, that after the passing of this Act the said Act of the reign of King Charles the Second shall be construed as if instead of the distance of one league and a half the distance specified in the said Convention and Articles had been therein inserted and specified as the distance within which such taking of fish as is therein mentioned is forbidden, that is to say, the distance of the geograpical miles (of which sixty make a degree of latitude), which distance shall be reckoned from low-water mark, except in bays, the mouths of which do not exceed ten such geographical miles in width; and for such bays shall be reckoned from a straight line drawn from lowwater mark off one headland to low-water mark off the other headland of such bays respectively.

III. . It shall be lawful for the Lords of the Committee of Her Majesty's Privy Council appointed for trade and foreign plantations, if and when they shall think fit, to appoint so many persons as they shall think necessary to ensure the due execution of the said Convention and Articles, and it shall be lawful for every person so authorized, at all reasonable times, upon producing his authority, if required, to board or enter upon and examine every British vessel, and to examine the nets, instruments, and implements of fishing thereunto belonging or used therewith; and if any of the said nets, instruments or implements of fishing shall be found in contravention of the said Convention and Articles they shall be forfeited to Her Majesty, and the person in whose possession the same shall be found shall, on conviction, be liable to a penalty of not less than eight shillings or more than three pounds, or to be imprisoned, with or without hard labour for any time not less than two days and not longer than ten days, or

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