The Sporting Dictionary, and Rural Repository, Volume 1 (of 2) / Of General Information upon Every Subject Appertaining to the Sports of the Field

by William Taplin

FISH

.—Reasons are adduced under the head "Angling," why it has been thought unnecessary to enter upon so copious a subject in a work of this kind; but as FISH, FISH PONDS, and FISHERIES, have been found repeatedly worthy the attention of the legislature, for the preservation of PROPERTY and PERSONAL RIGHTS, a concise abstract of the LAWS, as they now stand, respecting those rights, will constitute the whole that can be required, or thought necessary, upon this subject.

By the 5th Eliz. c. xxi. s. 2, it is provided, That if any person shall unlawfully BREAK or DESTROY any head or dam of a FISH POND, or shall wrongfully fish therein, with intent to take or kill fish, he shall, on conviction at the ASSIZES or sessions, at the suit of the King, or the party injured, be imprisoned three months, and pay treble damages; and after the expiration of the said three months, shall find sureties for good behaviour for SEVEN YEARS to come.

By 31st Henry Eighth, c. ii. s. 2, If any evil-disposed persons shall fish in the day-time, from six in the morning till six in the evening, in any PONDS, STEWS, or MOATS, with nets, hooks, or bait, against the will of the owners, they shall, on conviction thereof, at the suit of the King, or the party aggrieved, suffer imprisonment for the space of three months, and find security for their good behaviour.

By 22d and 23d Charles Second, c. xxv. s. 7, it is enacted, That if any person shall, at any time, use any casting-net, drag-net, shove-net, or other net whatever; or any angle, hair, noose, troll, or spear; or shall lay any wears, pots, nets, fish-hooks, or other engines; or shall take any fish by any means whatsoever, in any RIVER, STEW, MOAT, POND, or other water, or shall be aiding thereunto, without the consent of the OWNER of the WATER, and be convicted thereof before a JUSTICE, by confession, or the OATH of one witness, within one month after the offence committed, such offender shall give to the party injured such satisfaction as the JUSTICE shall appoint, not exceeding treble damages; and shall, over and above, pay down presently unto the OVERSEERS of the POOR, such sum, not exceeding 10s. as the JUSTICE shall think fit: and in default of payment, the said penalties to be LEVIED by DISTRESS; and for want thereof, the offender to be committed to the house of correction, for a term not exceeding one month, unless the party offending enter into bond, with surety, to the party injured, in a sum not exceeding 10l. never to offend in like manner.

Justices are also authorized to take, cut in pieces, and destroy, all such articles as before recited and adapted to the taking of fish, as may be found in the possession of OFFENDERS when taken. Persons aggrieved may appeal to the QUARTER SESSIONS, whose judgment shall be final. Although this power is vested in a MAGISTRATE, yet the owner of the water, or fishery, cannot justify such a measure, but can only take them damage feasant, as is particularly expressed in various clauses of different acts of Parliament upon this subject. And by the 4th and 5th William and Mary, it is enacted, That no person (except makers and sellers of nets, owners of a river or fishery, authorized fishermen, and their apprentices) shall keep any net, angle, leap, pike, or other engine for taking of FISH.

The proprietor of any river or fishery, or persons by them authorized, may seize, and keep to his own use, any engine which shall be found in the custody of any person fishing in any river or fishery, without the CONSENT of the OWNER or OCCUPIER. And such owner, occupier, or person, authorized by either, sanctioned by the consent of any JUSTICE, in the day-time, may search the houses, or other places, of any person prohibited to keep the same, who shall be suspected to have such nets, or other engines, in his possession, and the same to seize, and keep to their own use, or cut in pieces and destroy.

By the 5th George Third, c. xiv. s. 1, it is enacted, That if any person shall enter into any PARK or PADDOCK inclosed, or enter into any garden, orchard, or yard, belonging to, or adjoining to, any dwelling-house, wherein shall be any river, pond, moat, or other water, and, by any means whatsoever, (without the consent of the owner,) steal, kill, or destroy, any FISH, bred, kept, or preserved therein, or shall be assisting therein, or shall receive or buy any such fish, knowing them to be such, shall, upon conviction, be transported for seven years. Persons making confession of such offence, and giving evidence against an accomplice, who, in pursuance thereof, shall be convicted, will be entitled to a free pardon.

And by the same Act, s. 3, it is enacted, That if any person shall take, kill, or destroy, or ATTEMPT to take, kill, or destroy, any fish in any river or stream, pool, pond, or other water, (not being in any park or paddock enclosed, or in any garden, orchard, or yard, belonging or adjoining to a dwelling-house, but in any other enclosed ground, being private property,) such person, being thereof convicted by confession, or the oath of one witness before a JUSTICE, shall forfeit five pounds to the owner of the fishery of such river or other water; and in default thereof, shall be committed to the house of correction for a time not exceeding six months. Stealing fish in disguise is made FELONY by the 9th George the First, c. xxii. If any person armed and disguised, shall unlawfully steal, or take away, any FISH, out of any river, or pond, or (whether armed or not) shall unlawfully and maliciously break down the head or mound of any FISH-POND, whereby the fish shall be lost and destroyed, or shall rescue any person in custody for any such offence, or procure any other to join him therein, he shall be guilty of FELONY, without benefit of clergy.