Page:Ruffhead - The Statutes at Large - vol 5.djvu/86

 46 C. 1 8. Anno primo Georgii Regis. ..■■-■.: - 2. A.- D. 1714. any Year be- tween thofe Days, take any Salmon, ice. -De ftroying the Fry of Salmon in the Risers, Severn, Dee, &c and talcing Sal- mon in the faid Rivers between the lad of July and Nov. 12. with any other Net, &c. than are allowed by I-Ejiz. c. 17. and 30 Car, 2. Stat. 1. c. 9. the Offender fliajj forfeit ct. befides the Fifh and Nets ; to be levied by -Diftrefs.; and for want thereof, be committed to th- Houfe of Correction, &c. and the Nets, ^&c. to be de- ilroyed, and Banlcs, &c. removed at the Charges of ihe Offender,. Sending to Lon- don from the faid Rivers, or buying, &c. any Salmon lefs than fix Pounds Weight, each, forfeits 5I. to be levied by 'Diftrefs, and for want, to ,he committed ler 3 Months. then after, between the iTrft Day of Auguft and the twelfth D„a,y of November in any Year, take, kill, or deftroy, or wilfully hurt any Salmon, Salmon-peal, or Salmon-kind, by Hawks, Racks, Gins',- Nets, Angles, or other Devices whatfoever, or offer to Sale any of the faid Fifh fo taken, under the like Pains, Penalties, Forfeitures, and Imprifonments as are mentioned and contained in the faid recited Act. ' XIV". And whereas the feveral Acts of Parliament heretofore made for the Prefervation of Fifhing c within the Rivers of this Realm, have hitherto proved inerreclual in refpect to the Rivers Severn, Dee, ' Wye, Teame, Were, "Tees, Ribble, Merfey, Dun, Air, Gaze, Sxvaile, Colder, JVbarf, Eure, Darwent, ' and Trent, for want of a due Encouragement to be given to fuch Perfons who could difcover the many ' illegal Practices and Abufes done therein, and by Reafon of the Dilatorinefs and Expenfivenefs of the ' Suits and Proceedings directed by the faid Acts for puniihing fuch Abufes ;' Wherefore for Remedy thereof, and for the better fecuring the Spawn, Fry, and young Breed of Salmon in the faid Rivers, Be it _ further enacted by the Authority aforefaid, That if any Perfon or Perfons whatfoever {hall, at any Time hereafter, lay or draw any Kind of Nets, Engines, or Devices, or wilfully do or commit, or caufe to be done or committed, any other Act whatfoever in the faid Rivers, or in any of them, whereby the Spawn, or fmallFry 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, fhall be taken, and killed or dc-ftroyed, or {hall hereafter make, erect, or fet any Bank, Dam, Hedge, or Stank, Net or Nets crofs the faid Rivers, or any Part thereof, whereby the Salmon therein may be taken, or hindred from parting or going up the faid Rivers to fpawn, or fhall at any Time hereafter, between the laft Day of July and the twelfth Day of November for ever, by or with any Net, Device, Engine, Ways, or Means whatfoever, take, kill, deftroy, or wilfully hurt any Salmon of any Kind or Size whatfoever in the faid Rivers, or fhall at any Time after the faid twelfth Day of November fifh there for Salmon with any other Net or Nets than what is er are allowed of by an Act of Parliament made in the firft Year of the Reign of Queen Elizabeth, intituled. An Act for Prefervation '"of Spaivn and Fry of 'Fifh ; and by another Act made in the thirtieth Year of the Reign of our late Sovereign Lord King -Charles the Second, intituled, An AM for the Preferva- tion of Fifhing in the River Severn ; every Perfon To offending in any of the faid Cafes, who fhall be con- victed thereof before any Juftice or Tuftices, of Peace of the County wherein the faid Offence fhall be com- mitted, -either upon View of fuch Juftice or Tuftices, by Confeffion of fuch Offender, or by one or more credible Witne'fs or W-itheffes upon Oath (which Oath every fuch Juftice of Peace is hereby impowered to adminifter) fhall forfeit the Sum of five Pounds for every fuch Offence, befides the Fifh fo taken, and the Nets, Engines and Devices ufed in doing or committing the fame ; one Moiety of the faid Sum to be paid to the Informer or Informers, and the other Moiety thereof to the Poor of the Parifh where the faid Offence fhall be committed ; to be levied by Diftrefs and Sale of the Offender's Goods and Chattels, by Warrant under the Hand and Seal of the Juftice or Juftices of Peace before whom he fhall be convicted, as aforefaid, rendering the Overplus if any be, over and above the Charges of the Diftrefs, to the Perfon fo diftrained ; and for want of fuch Diftrefs the Offender fhall be committed to the Houfe of Correction, or other County Gaol or Prifon, for any Time not exceeding three Months, nor lefs than one Month, there to be kept to hard Labour, and fuffer fuch other corporal Punifhment as the faid Juftice or Juftices, upon Confederation of the Circumftances of fuch Offence, fhall think fit ; and the faid Juftice or Juftices of the Peace, before whom the Perfon fo offending fhall be convicted, fhall order fuch Nets, Engines and. Devices made ufe of in taking fuch Fifh, to be feized and immediately cut in Pieces, or otherwife de- ftroyed in his or their Prefence, and fhall alio caufe fuch Banks, Dams, Hedges or Stanks, made or erect- ed crofs the faid River, to be demolifhed and removed at the Charges of fucri Offender, fuch Charges if not paid down on Conviction, to be levied in the fame Manner as the faid Sum of five Pounds is appointed to be levied. jUtemd by .23 'Geo. 2. c. 26. J. 7, ' XV. And whereas feveral Fifhmongers of London and other Cities and Towns, by themfelves, or ' Teame, Were, Tees, Ribble, Merfey, Dun, Air, Ouze, Swaile, Calder, Wharf, Eure, Darwent, and ' gives great Encouragement to the taking Salmon there of unfizeable Lengths, and at unfeafonable 4 Times ;', Be it therefore further enacted, That no fuch Salmon fhall be fent to London to fuch Fifh- mongers, or their Agents, that fhall weigh lefs than fix Pounds each Fifh ; and every Perfon buying, fel- ling, or fending any fuch Salmon of lefs Weight than fix Pounds, who fhall be convicted thereof in Man- ner as aforefaid, fhall forfeit the Sum of five Pounds for every fuch Offence, befides the FiftVfo to be bought and fold ;; one Moiety of the faid Sum and Fifh to be paid and diftributed to the Informer or In- formers, and the other Moiety thereof to the Poor of the Parifh where fuch Offence fhall be committed ; the faid Sum, if not paid upon Conviction, to be levied by Diftrefs and Sale of the Offender's Goods and Chattels, by Warrant under the Hand and Seal of the Juftice or Tuftices of Peace, before whom he fhall be convicted, as aforefaid, rendring the Overplus, if any be, over and above the Charges of fuch Diftrefs, to the Owner ; and in Default of fufHcient Diftrefs, the Offender fhall be committed by fuch Juftice or Juftices to the- Houfe of Correction, or other County Gaol or Prifon, there to be kept to hard Labour for the Space of three Months, uhlefe the faid Forfeiture fhall be in the mean Time paid. XVI.
 * their Agents, frequently buy and contract with the Fifhermen ufing the faid Rivers of Severn, Dee, Wye,
 * Trent, or others imployed by them, for great Quantities of Salmon to be taken in the faid Rivers, which