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_.