and Mary, c. 23. and nets, &c. of poachers may be seized by owners of rivers, by justice's warrant. By 5 Geo. III. c. 14, persons stealing or destroying fish in fish-ponds, or receiving stolen fish, are to be transported for seven years. Persons taking or destroying, or attempting so to do, any fish in any river, or other water, within any enclosed ground being private property, forfeits 5. to the owner of the fishery: the penalty recoverable before one justice, on the oath of one witness. On a conviction under this act it must appear that the fishing was against the consent of the owner; the owner being the informer would however sufficiently shew his dissent. Burr. Rep. 2279.

may

The spawn of fish, or such fish as are not of a certain size, are not to be destroyed, brought on shore, or exposed to sale: persons offending, may be apprehended by any person, and delivered to a peace officer, to be conveyed to a justice, who fine the party 20s. besides the forfeiture of the goods, to be recovered by distress, or commitment for not exceeding three months or until the penalty is paid, half to the prosecutor and half to the poor. The justice has power to mitigate not less than half; appeal allowed to the sessions. 32 Geo. III. c. 27, s. 13 to 19.

For the penalties for importing fish of foreign catching, see 1 Geo. I. c. 18.-9 Geo. II. c. 33, and 26 Geo. III. c. 81.

Trespassing in any oyster fishery, by catching or trying to catch oysters, is a misdemeanor, and one justice may, within thirty days, commit the offender, or bind him by two sureties in a penalty of £20. each, to appear at the sessions. 31 Geo. III. c. 51, s. 1. offender refusing to tell his name to the owner, he may take him before a justice, who shall proceed as if he had been brought by warrant. s. 4. but the offender shall not be committed unless owner, &c. enter into sufficient recognizance to prosecute. s. 5.

There are three scrts of fisheries, viz. free fishery, several fishery, and common of piscary.-A free fishery is an exclusive right of fishing in a public river, and is a royal franchise; it differs from several fishery, because he that has the latter must be (or derive his right from) the owner of the soil. In common of piscary, the person has not the exclusive right; in a free fishery a man has a property in the fish before caught, in common of piscary not till afterwards. 1 Inst. 122.

Information for Stealing Fish from a Pond, in a Garden adjoining a Dwelling-house.

to wit. Be it remembered, That on the

day of , 1817, at in the county aforesaid, A. B. of &c. gentleman, cometh before me S. P. Esq. one of His Majesty's justices &c. and on his oath giveth me the said justice to understand and be informed, that one C. D. of &c. {labourer], on the day of last, feloniously did steal, take, and carry away three carp and four tench, of the value of

from and out of a certain pond in the garden of the said A. B.

adjoining to and belonging to the dwelling-house of the said A. B. situate in the parish of in the said county of contrary to the form of the statute in that case made and provided, whereby the said C. D. hath for the said offence forfeited the sum of £5. wherefore the said A. B. prayeth the judgment &c.

S. P.

Commitment thereon.

To the Constable of, and to the Keeper of the Common in the said county.

Gaol at

to wit. Whereas C. D. was this day brought before me S. P. Esq. one of His Majesty's justices of the peace in and for the said county, and charged, on the oath of A. B. and others, for that he the said C. D. on the day of last, feloniously did steal, take, and carry away certain fish belonging to the said A. B. that is to say, three carp and four tench, of the value of from and out of a pond in the garden of the said A. B. adjoining, and belonging to the dwelling-house of the said A. B. situate at in the parish of in the said county of

These are therefore &c.

Information on Oath before one Justice, for Fishing in a River without consent of the Owner of the Fishery,

under 5 Geo. III. c. 14.

to wit. Be it remembered, That on the

in the year of our Lord 1817, at

day of

in the county of A. B. of,[labourer,] on behalf of C. D. the owner of the fishery of a part of the river of which runneth in the lands of, in the township of in the county of

, before me S. P. Esq. one of the justices of our said Lord the King, assigned to keep the peace of our said Lord the King in and for the said county, and also to hear and determine divers trespasses, felonies, and other misdemeanors in the said county committed, and upon oath to him by me now here administered upon the Holy Gospels of God, giveth me the said. justice to understand and be informed, that on T

the

day of ➡ instant, at the township of

which

aforesaid, in the county aforesaid, E. F. of, did attempt to take, kill, and destroy the fish in that part of the said river runneth in the lands of the said C. D. in the township of aforesaid, in the county aforesaid, without his authority, and without and against his consent, contrary to the form of the statute in that case made and provided, he the said C. D. being then and there owner of the said part of the said river and of the fishery of the same, and he the said E. F. not then and there having any just right, or any just, reasonable, or probable claim or cause to take, kill, carry away, or destroy any of the fish in that part of the said river, or to attempt to take, kill, or destroy any fish in that part of the said river, and the said part of the said river wherein the said fish were so attempted to be taken, killed, and destroyed by the said E. F. as aforesaid not then being in any park or paddock, or in any garden, orchard, or yard adjoining or belonging to any dwelling house, but then being in other inclosed grounds then being the private property of the said C. D. at the township of - aforesaid, in the county aforesaid, whereby, and by force of the statute in that case made and provided, the said E. F. hath forfeited for the said offence the sum of £5. to the said C. D. the owner of the fishery aforesaid, whereupon the said A. B. on behalf of the said C. D. the owner of the fishery aforesaid, prayeth the judg ment of me the said justice in the said premises, and that the said E. F. may be forthwith apprehended and brought before me to answer the said complaint.

day of

Warrant thereon.

To the Constable of in the county of

to wit. Whereas information and complaint on oath hath been made on behalf of C. D. the owner of the fishery of the part of the river which runneth in the lands of the said C. D. in the township of in the said county of — before me S. P. Esq. one of His Majesty's justices of the peace in and for the said county of, that on &c. [as in the information, verbatim, to the words "at the township of →→→→→ aforesaid, in the county of aforesaid," then say], These

are therefore to require you to apprehend the said E. F. and bring him before me the justice aforesaid, to answer the said complaint and to be further dealt with according to law. Herein fail not.

Given under my hand and seal, the

in the year of our Lord 1817.

day of

Warrant to search suspected House for Fishing Nets.

To the Constable of

to wit. Whereas complaint hath been made upon oath before me, that several carp, tench, &c. [as the fact is], have lately been destroyed in the fish pond [or as the fact is], belonging to C. D. of, supposed to be done by some idle and ill-disposed person in your parish, and that E. F. residing at within your said parish, does keep nets, leaps, or other instruments and engines for the destruction of fish, not being qualified by law to do the same. These are therefore, in His Majesty's name, to require and authorize you to enter into and search the houses, out-houses, and other suspected places of the said E. F. at — within your said parish, and to seize the nets or other instruments for the destruction of fish that you shall find in his custody, and bring him before me, or some other of His Majesty's justices of the peace for the said county, to be dealt with according to law.

Given under my hand and seal, the year of our Lord 1817.

day of

in the

FORCIBLE ENTRY AND DETAINER,

Is the violently and illegally taking or keeping possession of lands or tenements, with arms, &c. whereby the right owner is hindered. A justice, on complaint by the party aggrieved, of a forcible entry, and at his costs, shall within a convenient time take sufficient power of the county, and go to the place where such force is made, without exami