| Chap. 42. |
Fish.
Behaviour, &c. These vary according to the Custom of the
Country, and in
that case Consuetudo loci est observanda. |
79 |
|
As to the Justice of Peace himself touching Fees
or Profit by him to be
taken, his Oath ought to direct him, which is as to that purpose,
That you
take nothing for your Office of Justice of Peace to be done but
of the King,
and Fees accustomed, and Costs limited by the Statute. |
§. 7.
See the
Oath.
c. 1. §. 2. |
West. 2.
47.
13 R. 2. 19.
P. Fish. 1.
P. Just. 14. |
CHAP. XLII. V. 21.
Fish.
EVery Justice of Peace is a Conservator of Rivers,
and of the Statutes
made in that behalf, (sc. of the Statutes of 13 Ed. 1.
cap.. 47. 13 R. 2.
cap. 19. & 17 R. 2. cap. 9.) within this County
where he is a Justice, and
may appoint and swear Under-Conservators; and (when he may attend
it) ought to survey all the Wears in the Rivers, that they be of a
reasonable
wideness, and all other defaults done against the aforesaid Statutes. |
§. 1.
Conservators. |
|
Every Justice of Peace may burn the Nets and other
Engines put or cast
into Waters, wherewith the Fry or Breed of any Fish may be taken or
destroyed;
and this shall be for the first Offence: and for the second Offence
the said Justice of Peace may (as it seemeth) imprison such Offenders
for
a quarter of a year; and for the third Offence, One whole year: and
as
the trespass or Offence increaseth, so may the Justice of Peace increase
the
Punishment of such Offenders. See the Statute 13 E.
1. 47. 13 R. 2. 19. &
17 R. 2. 9. |
Nets. |
2 Instit.
p. 468. |
To speak it once force all, where a penalty is
appointed upon Conviction of
a third Offence, it must be intended (if not expressed in that Statute)
that
there be, and ought to be Convictions for the first Offence, and
so for the
second, before the person shall incur or bear the penalty for the
third Offence;
and the third Offence must be committed after the second Offence,
and Conviction
thereof, that is, lawful Judgment given for the second, & so
the second after the first. |
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| 3 Jac. 12. |
By Warrant of any one or more Justices of Peace,
the Constables and
Church Wardens (where any Offence is committed in destroying the
Spawn and Brood of Sea-fish, against the Statute made 3 Jac. Regis)
may
levy the Forfeitures of the Offenders by Distress and Sale of the Offenders
Goods, rendring to the Offenders the surplusage. |
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The particulars of the said Statute 3 Jac. Regis
are as followeth: |
§. 2. |
|
1. No person in any Haven, Harbour or Creek;
or within Five miles of
the mouth of any Haven, Harbour, or Creek of the Sea, shall fish with any
Draw-net, or Drag net under Three inches meash, (viz. One inch and
an
half from knot to knot) except for taking of Smoulds in Norfolk
only;
and except for taking of Herring, Pilchards and Spicots. |
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2. No person in any Haven, Harbour, or Creek,
or within Five miles of
the mouth of any Haven, &c. shall fish with any Net with Canvas, or
other Engine or Device, whereby the Spawn, Fry or Brood of any Sea fish
may be destroyed. |
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| 3 Jac. 12. |
And for every such Offence, the Offenders shall
forfeit their Nets, and
Ten shillings in Mony; the one half thereof to be to the use of the Poor
of the Town or Parish where the Offence shall be committed, and the other
half to him that will sue for the same; and to be levied by the Mayor or
other Head-Officer of every City, Borough, or Town-Corporate, or by
Warrant from one or more Justices of Peace, Ut supra. |
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Touching the fishing for Pilchards, &c. in Cornwal
and Devon, see the
said act. And for general fishing the Act of 15 Car. 2. cap.
14. |
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