Page:The New International Encyclopædia 1st ed. v. 16.djvu/178

* POACHLNG. 144 POCAHONTAS. the soil is the owner of a Mveial fislier.v there, unless he has let it to another. As to lakes, it is not clearly aseertaineil how the tisherv is to be ilivideil between the owners of the lands abutting thereon, but niueli will depeinl on the title to the lands and the subsequent user. As a general rule, there is no sueh thing as a right in the pub- lic to fish anywhere cxeept in a tidal river or the sea, and that is subject to the e.xception of an individual claiming a several fishery, as before mentioned. It is often supposed that, at all events, if a highway adjoins a private stream, any one may fish in the stream or angle there: hut this is a delusion. Nobody is entitled to use a highway for the collateral purjiose of either fishing or poaching, the use of the highway, so far as the public are concerned, being confined to the purposes of traveling or transport. nie general rule as to all several — i.e. exclu- sive — fisheries is that whoever goes and poaches the fish conunits an offense, for which he may be summoned before justices and fined £.") over and above the value of the fish taken; and if the fish- ery where he poaches is adjoining the dwelline house of the owner of the fisliery it is a still higher offense, for it is then an iiidietalile misde- meancjr. Whenever a fish-poacher is caught in the act of poaeliing, he may be at once appre- hended, not only by the owner of the fishery, but by anybody; but this can only l)e done while he is on the spot or near it, for if he escape to the highway or to other lands before being arrested. he cannot then be a])prehen(hMl, but can only be summoned before justices in the usual way. In this respect a privilege is given to anglers, for in no case can these be arrested if angling during the daytime; they can only l)e summoned for the ofl'ense. Though anybody may arrest the fish-poacher, still it does "not follow that the fish poached can be taken from the poacher; on the contrary, the rule is the same as with reference to game, that whoever first catches the fish, whether legally or illegally, is entitled to keep it ; and tlioMgli game can on certain occasions be taken from the |)oacher, this is by reason of an express provision in the (iame Act; but there is no similar provision as to poached fish, so that the poacher, whatever other punislinient he may in- cur, does not lose his fish. With regard, however, to the poaching implements, such as nets, it is (uovidcd bv an express section of the Larcenv Act. 1S(!1 (24 and 2.5 Vict., c. Ofi, s. 2.)). that the owner of the fisliery or land where the poacher is caught, or his servant, may demand, and if refused, may seize, the net. rod. line. hook, or other implement used for taking the fish, but no other person can seize these. The laws of .Scotland as to poachers of fish dif- fer in some respects from those of England. In Scotland salmon belongs prima facie to the Crown, not merely in rivers, but on the seacoast. Hence, the public have no right to fish with nets even in the sea. except by leave of the Crown, or of the grantee of the Crown at the spot in ques- tion. Where a salmon-river belongs to several proprietors, the rule is that none can fish by using fixed engines: but the only legal mode is the mode of fishing' by net and coble (or boat). Whoever poaches salmon in a river, lake, or with- in a mile of the seashore incurs a penalty of £5, besides forfeiting the boat, net, or other en- gine used to catch the fish. While the law is as above stated with respect to fishing salmon with nets, a Crown grant is rciiuired to enable even a riparian owner to angle for salmon. As re- gards other fish than salmon, the general rule is that the riparian owner may catch all thr fish he can. provided he do not interfen' with the superior right of some frown grantee of the salmon-fishery. A person who ])oaches trout or other fresh-water fish with a net. or by double rod-fishing, or cross-line fishing, or set-lines, etc., incurs a penalty of £.5, besides forfeiture of the fish caught. And he may be arrested if he is net- fishing, but not if he is fishing in another way. In the ca.se of all poachers of trout (except angling poachers, who can neither be arrested, nor yet have their fish or fisliiiig-rod taken from them by force), the owner of the fishery, or any person autliorized by him. may seize the nets, boats, and fishing implements if the poachers are found on the spot. In Irelanil the law a])plicable to poachers of fish is the same as in lOngland. Consult: Woody, (lame Lniis of Enrjliutil (Lon- don. 1S!)(1); Paterson. Treiilixc on the Fixliinij ]j<tirs of Ihe I'liitrd Kiiu/dom ( ib., IS7S): Oke, The Whole hair tin to (lame IJeenses and I'oarli- inji (ib., KS'IT); '-Poaching," 77.? Qiuirlerlii Re- view (ib., 18!)1) : Stephen. Ilixlorii of Ihe Crim- inal Laif of Enfiland ( ib.. 1883). POBEDONOSTZEFF, po'by?-do-n6s'tsf f, Co.'- ST.NTi.NK I'KTUdviTc II (1827 — ). A Russian statesman. Procurator of the Holy Svnod. He was born at Moscow, and after distinguishing himself in legal studies at Saint Petersburg, was appointed professor of civil law in the Iniversity of .Moscow and secretaiyof tin' Senate in that city. In 180 he became tutor of the lm|jerial |iriMce>. After holding various important positions, he was. in 1872. n;imed mend)cr of the Coinicil of State, and in 188(1 Procurator of the Holy Synod. Thereafter he practically directed the ecclesi- astical policy of Russia, and greatly inlluenced national politics. As an uncompromising advo- cate of autocracy and of the Orthodox faith, he was largely resi)onsible for the op])ressive legis- lation. The system of parochial schools which he originated was designed ))rim:irily to |)roniote these ideas. (!)ne of the most prominent autliori- ties on Russi:in civil law. he wrote important works on this subject as well as on questions of the day ;ind religioiis to]ucs. PO'CAHON'TAS (c.l.i!V>-ini7). A celebrated Indi:in 'Piincess.' (hiughter of Powhatan (q.v.). She is first mentioned in the True Relation (1008) of Capt. .lohn Smith (q.v.) as "a child of tenne yeares old. which not only for feature, countenance, and proportion much exceedetli any of the rest of his | Powhatan's 1 people. bit for wit and spirits the nonpareil of his countrv." She seems to have formed an attiiclmient for the whites — especially for Smith — :ind to have been a frequent visitor at .Jamestown until Smith left in October, l(i09, when her visits ceased. In April. I(il2. while at the village of her uncle, the 'King of Potowomek,' she was lured aboard an Knglish vessel by Captain Argall. and was taken to .Tamestown as a hostage for the return of sev- eral white prisoners an<l some stolen property. Here she was converted to Christianity and in April, 1013, was baptized and christened Rebec- cah. In April, 1014, she was married to .John Rolfe (q.v.), with whom, two years hiter, she went to Kngland. where she was receied with great enthusiasm, as the daughter of an Ameri- can 'King.' Then it was that the celebrated