other obstructions. 1. Weirs and subsequent acts, treating them as public nuisances, forbidding the erection of new ones, and the enhancing, straitening, or enlarging of those which had aforetime existed. I remember that the stells erected in the river Eden, by the late Lord Lonsdale and the corporation of Carlisle, whereby all the fish were stopped in their passage up the river, were pronounced in this Court, upon a motion for a new trial, to be illegal, and a public nuisance. And however 20 years acquiescence may bind parties whose private rights only are affected; yet the public have an interest in the suppression of public nuisances, though of longer standing." The 2 Hen. 6. c. 15. (y) prohibits the standing of nets and engines called trinks, and all other nets, which be and were wont to be fastened and hanged continually, day and night, by a certain time in the year, to great posts, boats and anchors, overthwart the Thames, and other rivers, which are declared to be destructive of the brood of fish, and a disturbance of the common passage of vessels, and subjects the offender to the penalty of 51. forfeiture to the king, with a saving of individuals title and inheritance in their said fishings, and a permission to fishers to draw and pull their nets by hand as theretofore. Upon this statute, it appears that the proper course of proceeding is by information, and that the (y) Post, Appendix, 373. fastening of nets, as long as the tide serves, is an 1. Weirs and offence against the statute (z). The 3 J. 1. c. 12. (a), with a view to preserve the brood of sea fish, enacts, "That every person who shall erect or set up any new weir or weirs along the sea-shore, or in any haven, harbour, or creek, or within five miles of the mouth of any haven or creek, shall forfeit 10., half to the king and half to the informer; recoverable as therein mentioned. The erection of weirs, &c. across the Severn, and several other rivers, is particularly provided against by the 1 Geo. 1. st. 2. c. 18. s. 14. (b) which points out a summary mode of recovering the penalty. other obstructions. hibitions fry, and 2ndly. There are several regulations prohibit- 2ndly, Proing the taking of spawn, fry, or young fish. against the Thus,' by the Statute of Westminster the taking spawn, Second (c), the taking of young salmon, by nets young fish. or other engines, at mill-pools, from the midst of April to the Nativity of St. John the Baptist, is prohibited; and it directs that conservators shall be appointed for rivers, and that, for the first trespass, the offenders shall be punished by the burning of their nets and engines; for the second, they shall be imprisoned a quarter of a year; for the third, a whole year. (2) 12 Coke. 89. post, Appendix, 865. See also 3 Burr. 1768. post, Appen. dix, 1140. (a) Post, Appendix, 425. (b) Post, Appendix, 500. 478. young fish. By the 13 R. 2. c. 19. (d) all persons are pro2ndly, ProJibitions hibited from putting in any waters, at any time against the taking spawn, of the year, any nets called stalkers, or other nets fry, and or engines, by which the fry or the breed of salmon, lampreys, or other fish, may be taken, subject to the same penalties as in the last-mentioned statute. And the 13 R. 2. c. 9. (e) directs, that justices of the peace shall be the conservators for carrying the before-mentioned statute into execution. The 1 Eliz. c. 17. (f) enacts, "That no person shall, by any device or means, take and kill any young brood, spawn, or fry, of any fish, in any floodgate, pipe at the tail of a mill, weir, or in any straits, streams, brooks, rivers, fresh or salt, nor shall take and kill any salmons, or trouts, not being in season, being kepper salmons, or kepper trouts, or shedder salmons, or shedder trouts, or any pike or pikerel less than ten inches in length, salmon less than 16 inches, trout less than 8 inches, or barbel less than 12 inches; and, with intent to preserve young fry, brood, or spawn, prohibits any person from fishing with any net or engine, except a net or tramell, whereof every mesh, or mash, be two inches and a half broad, angling excepted, with a general exception as to the taking of smelts, loaches, minners, gudgeons, and eels, and subjects the offender to the forfeiture of 20s. for every offence, (d) Post Appendix, 369. (f) Post, Appendix, 403. and the fish taken, and the unlawful nets and en- 2ndly, Progines used (g). hibitions against the taking spawn, The 3 J. 1. c. 12. (h) enacts, "That every fry, and person who shall willingly take, destroy, or spoil young fish. any spawn, fry, or brood of any sea fish, in any weir, or other engine or device whatsoever, shall forfeit 10., half to the king and half to the informer." The 1 Geo. 1, st. 2. c. 18. s 7. (i) points out the size of certain fish that may be sold, and subjects the person selling or offering to sale or exchange any unsizeable fish, to the forfeiture of such fish and 20s., half to the informer and half to the poor of the parish. By the 22 Geo. 2. c. 49. s. 21. (k) after reciting, "That by reason of the enactment against under-sized fish being sold, several of such fish are, when taken with a hook, thrown again into the sea, and die," enacts, "That fish under such dimensions as are prohibited by the beforementioned act, may be exposed to sale, or exchanged for any other goods, provided such fish are taken with a hook, and so not fit or capable of being preserved alive." The 33 Geo. 2. c. 27 (1) enacts, "That no person shall take, or knowingly have in his possession, either in the water or on shore, or sell, or expose to sale, any spawn, fry, or brood of fish, or any unsizeable fish, or any smelt, not five (g) Altered as to the pe nalty by 1 Geo. 1. c. 18. post, Appendix, 501. (h) Post, Appendix, 426. (i) Post, Appendix, 497. 2ndly, Pro- inches long; and any person may seize the same, hibitions young fish. against the together with the baskets and package, and taking spawn, charge a constable, or other peace officer, with fry, and the offender, and with the goods, who shall carry them before a justice; and on conviction before such justice, the same shall be forfeited and delivered to the prosecutor, and the offender shall besides forfeit 20s., recoverable as therein mentioned." And the same act provides, that bret or turbot, brill, or pearl, though under the specified dimensions, may be exposed to sale, so as the same be not sold by retail for above 6d. per pound. Srdly, The 3dly. The Statute of Westminster the Setime of year. cond (m) prohibits the taking of salmon between Lady-day and St. Martin's Day, and directs that conservators shall be appointed for rivers, and that, for the first trespass, the offenders shall be punished by the burning of their nets and engines; for the second, they shall be imprisoned the quarter of a year; for the third, a whole And the 13 R. 2. c. 19. (n) enacts, year. "That salmon shall not be taken in the Loan Weir, Mersey, Ribble, and all other waters in the county of Lancaster, from Michaelmas-day to Lady-day, because salmon be not seasonalże in those waters during that time.” The 17 R. 2. C. 9. (o) enacts, "That the justices of the peace shall be conservators for (m) 13 Ed. 1. st. 3. post, Appendix, 258. See the comments on this statute, 2 Inst. 478. (n) Post, Appendix, 370. (0) Post, Appendix, 370. |