3. Herring fisheries, &c. 26 Geo. 3, c. 81. All penalties im c. 33, may be re covered by two justices. feiture of 100%. by the person offending; and the master of the vessel in which any such fish shall be illegally imported was also liable to forfeit 501., to be recovered in the courts at Westminster. And whereas the great expense and delay attending such prosecutions discourage persons from suing for such penalties, it is therefore enacted, that, if upon complaint made on oath before two justices by any officer, it shall appear that he doth know, or is credibly informed, or hath cause to believe, that any fish hath been imported or exposed to sale, in the port of London, contrary to the aforesaid acts, such justices may summon the person accused to appear before them at a time and place specified in the summons; and if he shall not appear, then, on due proof of service of such summons, either personally, or by leaving the same at his usual place of abode whilst he shall be on shore, or, not being on shore, with some person in the vessel to which he belongs, may by warrant cause such person to be brought before them, at such time and place as shall be specified in such warrant, and thereupon, whether such party shall appear upon such summons, or be apprehended, the justices may proceed to hear and determine the matter of the complaint. Sect. 46. All pecuniary penalties by the said act of 9 Geo. II. c. 33, posed by 9 Geo. 2, imposed, may be recovered before two justices, on due proof and conviction of the offence, by confession or oath of one witness; and the whole of such penalties shall go to the informer; and if such penalty shall not, upon conviction, with the costs thereof, be immediately paid, the same shall be levied by distress and sale; and for want of sufficient distress, the offender shall be sent, by the same justices, to the common gaol for one year, unless the penalty shall be sooner paid. Offenders may be eight hours. Sect. 47. To the end that the person convicted in any of the penalties detained for forty- last aforesaid may not, by flight after conviction, evade imprisonment, such justices, immediately after conviction, may order such offender into custody (in case the penalty be not immediately paid) during such time, not exceeding forty-eight hours, as they shall think proper to allow for return of the warrant of distress. Where the goods are not sufficient to answer the dis tress (a). Security may be of the penalty. Sect. 48. Provided, that, if it shall appear, to the satisfaction of such justices, either by confession or other witness, that such party hath not goods or chattels sufficient to answer the penalty, such justices may, without issuing any warrant of distress, commit the party so convicted, as if such warrant had actually issued, and a return of nulla bona been made thereon. Sect. 49. Provided also, that, if any such offender ordered to be comgiven for payment mitted shall, before his actual commitment to prison, procure security to be given by two sufficient sureties for payment of the penalty and charges, within fourteen days exclusive of the day of conviction, the justices may accept such security; and on non-payment within the time limited, the same, or any other justices, may cause the party convicted, and his sureties, to be apprehended by warrant, and them may commit to the common gaol, for the same time as the person convicted was liable to have been imprisoned if no security had been given, unless the penalty and charges shall be sooner paid. Appeal (b). Sect. 50. Any person so convicted thinking himself aggrieved by the judgment of any justices, may, within three calendar months then next, appeal to the sessions, giving six days' notice to the informer of such his intent, and with two sureties entering into recognizance before one jus (a) As to the levying of penalties by distress under a magistrate's warrant, see tit. "Distress under Justice's War rant," Vol. II. (b) As to appeal in general, see tit. "Appeal," Vol. I. tice to appear and prosecute such appeal, and abide the order or determination of the same court, and pay the costs awarded at such sessions, (if any); and if such judgment be affirmed, the party appealing shall pay to the informer double costs, to be ascertained by order of the court. Sect. 51. In case the person appealing shall have paid the penalty into the hands of the justices by way of deposit, or shall be then imprisoned, such person may appeal within the time aforesaid on his entering (without sureties) into such recognizance aforesaid, and remaining in prison in the meantime, or depositing such penalty with the justices until the merits of the said appeal shall be determined. 3. Herring fisheries, &c. 26 Geo. 3, c.81. be set aside for want of form. Sect. 52. No conviction or judgment as aforesaid shall be set aside Conviction not to by the sessions for want of form, or through the mis-stating of any fact, circumstance, or other matter, provided the material facts alleged in such conviction or judgment, and on which such conviction shall be grounded, be proved to the satisfaction of the court; and no such conviction or judgment, nor any order or proceeding of the said court, shall be removed by certiorari into any other court. Sect. 44. Persons appearing in the complaint to be necessary wit- Witnesses. nesses may be summoned by the justices to appear before them; and in case of non-appearance, then, on due proof of having been duly summoned, may be apprehended by warrant of such justices, and brought before them; and if any witness shall refuse to be sworn, or to give evidence, or wilfully forswear himself, or prevaricate in his evidence, such justice may, by warrant, commit him to the common gaol for one year without bail. Sect. 45. And the examination of every witness shall be taken down Written evidence. in writing, by or before the said justices, and in case the party accused cannot be made to appear at the time of such examination, and such witness cannot be made to attend when such party shall appear; in that case such examination in writing may be read and made use of, and shall have the same effect as if such witness had been examined vivâ voce. By the stat. 48 Geo. III. c. 110, many important regulations are Recovery of enacted respecting the herring fishery: but they are not inserted in this penalties. place, as being too confined in their nature and objects. It may be observed, however, that, by the 57th section of the act, the several penalties and forfeitures thereof may be recovered in the same manner as penalties and forfeitures under the Excise laws. The above statutes, subject to certain alterations, are made perpetual by the 55 Geo. III. c. 94. Sect. 36 of which act relates to the mode of settling disputes between Disputes between officers and curers, and enacts, "That, in every such case, any justice of officers and curers. the peace, to whom application shall be made either by the officer or curer, shall appoint two skilful persons, who shall have no interest in the matter in dispute, one to be nominated by the officer and the other by the opposite party; and if either party shall fail to make such nomination before or at the time when he shall be required by authority of the said justice (not being longer than twenty-four hours from the time of being required to make such appointment) so to do, then the said justice shall nominate one skilful person, not interested in the matter in dispute, in his place; and the persons so appointed, upon examination of the matters in dispute, shall certify on their oaths, to be taken before the said justice, their opinion on the matters aforesaid; and if they shall agree in their opinion, the matter in dispute shall be determined accordingly; but if the arbitrators so to be appointed shall differ in opinion thereon, the said justice shall require them to name one other skilful person, not interested in the matter in dispute, which person so nominated shall examine the matters in dispute, and upon such examination shall certify upon oath, to be made before the said justice, his opinion thereon, and the said matter shall then be finally determined accordingly." The statute 1 & 2 Geo. IV. c. 79, repeals the bounty of 37. per ton Bounties, &c. 3. Herring fisheries, &c. 1 & 2 Geo. 4, c. 79. 5 Geo. 4, c. 64. 11 Geo. 4 & 1 Will. 4, c. 54. granted by the acts 48 Geo. III. c. 110, 51 Geo. III. c. 101, 52 Geo. III. c. 153, 54 Geo. III. c. 102, and 55 Geo. III. c. 94. Sect. 2 repeals so much of 48 Geo. III. c. 110, or any other act, as relates to the appointment of a superintendent of the deep sea herring fishery, repealed. Sect. 3 provides, that the commissioners for the British herring fishery may make regulations for carrying into execution the purposes of this and the recited acts; and orders that no bounty be paid unless the rules be complied with. By sect. 4, if herrings caught in the Irish fishery shall be produced to the officers of the British fishery, or if caught in the British fishery and produced to the officers of the Irish fishery, for the bounty, the same shall be forfeited, &c. Sect. 5 enacts, that if any person buying &c. fresh herrings shall use, or have in possession, any cran or measure of greater content than required by the regulations of the British herring fishery, he shall forfeit the same, and 10%. Sect. 7 extends to the regulations &c. in acts 48 Geo. III. and 55 Geo. III. to the Isle of Man, and provides, that the bounty extended to the Isle of Man shall be paid by the Excise in Scotland. Sect. 8 repeals regulations in act 55 Geo. III. c. 94, regarding herrings imported in barrels from Ireland, or the Isle of Man. By stat. 5 Geo. IV. c. 64, bounties and allowances on British herrings under 55 Geo. III. c. 94, and 1 & 2 Geo. IV. c. 79, are repealed, after July 5, 1825. And sect. 2 enacts, That from July 5, 1825, to July 5, 1829, new bounties shall be paid, viz., 4s., 3s., 2s., and 1s., to the 5th of July in each year successively, for every barrel of herrings caught and cured according to regulations of British fisheries acts, 48 Geo. III. c. 110, 55 Geo. III. c. 94, and 1 & 2 Geo. IV. c. 79, &c., and of 59 Geo. III. c. 109, and 1 Geo. IV. c. 82,-4s. per cwt. on dried cod cured in Great Britain, until July 5, 1829;-pickled cod, 2s. 6d. per barrel, under regulations of 1 Geo. IV. c. 103, until July 5, 1829. Bounties in Ireland, 4s. per cut. on dried cod, &c., and 2s. 6d. on pickled cod, as in Great Britain. The 3rd section orders that the tonnage bounty to vessels engaged in the white fisheries shall be 20s. per ton to 5th July, 1826; 15s. to 1827; 10s. to 1828; 5s. to 1829. And sect. 4 makes the bounties under this act payable as bounties on fish and on tonnage under recited acts. Sect. 6 repeals, from July 5, 1825, bounties on salmon, &c., in Great Britain under schedule (C) of 43 Geo. III. c. 69. By sect. 8, fish are exempt from all duties on exportation. The 11 Geo. IV. and 1 Will. IV. c. 54, intituled, " An act to revive, continue, and amend, several acts relating to the fisheries," passed 16th July, 1830, reciting, that, by the 48 Geo. III. c. 110, and by the 55 Geo. III. c. 94, and by the 1 & 2 Geo. IV. c. 79,"certain regulations were made respecting the British white herring fisheries; and by the said acts various bounties were granted for the encouragement of the said fisheries:" and that by the said act 1 & 2 Geo. IV. c. 79, and by the 5 Geo. IV. c. 64, and by the 7 Geo. IV. c. 34, "the said bounties, or such of them as were then existing, have been repealed, such repeal having taken effect upon and from the 5th day of April, 1830: and whereas doubts may arise whether the repeal of the bounties aforesaid hath not rendered ineffectual certain of the provisions and regulations of the beforementioned acts of the forty-eighth and fifty-fifth years of the reign of his said late Majesty King George the Third, and of the first and second years of his late Majesty King George the Fourth, relative to the placing a mark or character on barrels containing herrings properly cured, and it is expedient to remove such doubts," it is therefore enC. 64, and 7 Geo. 4, acted, "That nothing in the said acts passed in the fifth and seventh Nothing In the acts 5 Geo, 4, c. 34, has repealed years of the reign of his late Majesty King George the Fourth hath repealed or rendered ineffectual so much of the said acts passed in the forty-eighth and fifty-fifth years of the reign of his late Majesty King George the Third, and of the first and second years of his late Majesty King George the Fourth, as relates to the placing a mark or character on barrels or half barrels containing herrings properly cured, save only so far as respects the payment of any bounties therein mentioned; and that, save and except so far as respects the said bounties, the said acts passed in the forty-eighth and fifty-fifth years of the reign of his said late Majesty King George the Third, and in the first and second years of the reign of his late Majesty King George the Fourth, with reference to the placing a mark or character on barrels containing herrings properly cured, and every other provision and regulation of the said acts which were in force on the said 5th day of April, 1830, are, and is, and shall be, in full force, virtue, and effect, as though the said acts so passed in the fifth and seventh years of the reign of his late Majesty King George the Fourth had not been made." Old barrels employed in the an official brand, to be forfeited, contents. fisheries with with their Declaration required to be Sect. 2. "If any person or persons shall ship or put on board any ship, vessel, or boat about to be employed in the said fisheries, any old barrels, or any old half barrels theretofore employed in the said fisheries, which, at the time of such shipment, shall bear any official brand theretofore affixed thereupon, under and in pursuance of the said acts or any of them, or of this present act, or shall pack any herrings or other fish in any such old barrels or half barrels, all such old barrels or any old half barrels, and the herrings or other fish, shall be forfeited." Sect. 3. "And whereas by the said acts passed in the forty-eighth and fifty-fifth years of the reign of his late Majesty King George the Third, various oaths were required to be taken for the protection of his Majesty's revenue, and it is no longer necessary that, with a view to that object, such oaths should continue to be administered; it is enacted, that all persons who, under and by virtue of the said recited acts of the fortyeighth and fifty-eighth years of the reign of his late Majesty King George the Third, were required to make any such declaration or statement on oath, shall henceforth be admitted to make such declaration or statement on their, his, or her affirmation, and without oath; and if any Penalty for false person shall wilfully and corruptly make any such declaration or state- declarations. ment falsely, every such person shall incur and become liable to a fine not less than 107. nor more than 207." Sect. 4. "And whereas by the 1 Geo. IV. c. 103, certain bounties were granted for the encouragement of the British cod and ling fisheries, which bounties, by virtue of the said recited acts passed in the fifth and in the seventh years of the reign of his late Majesty, have ceased and determined; and whereas, by the said act passed in the first year of the reign of his late Majesty, certain provisions were made, empowering the commissioners of the herring fishery to make certain regulations respecting the said cod and ling fisheries; and whereas, by an act passed in the fifth year of the reign of his late Majesty King George the Fourth, intituled, "An act to amend the several acts for the encouragement and improvement of the British and Irish fisheries," the said act of the first year of his said late Majesty was repealed; and it is expedient that the powers vested as aforesaid in the said commissioners (save so far only as respects the payment of the said bounties) should be revived, and be again vested in the said commissioners;" it therefore enacts, "That so much of the said act passed in the first year of the reign of his late Majesty King George the Fourth, as authorized the said commissioners to make such regulations as aforesaid, shall be and the same is hereby revived, and shall be continued in force, save only so far as respects the payment of the said bounties; any thing in the said act of the fifth year of his said Majesty's reign to the contrary notwithstanding." Sect. 5. "That all penalties and forfeitures hereby imposed shall be sued for, recovered, and applied by such and the same persons, in such and the same manner, and to such and the same purposes, as any pe affirmation. The powers of trade of the cod sioners by 1 Geo. 4, respects bounties. Recovery of forfeitures under this act. 3. Herring fisheries, &c. 11 Gen. 4 & 1 Will. 4, c. 54. Stealing oysters &c. from oyster beds. Dredging for within limits of oyster fishery. Form of indictment. Floating fish. Punishment for dredging. Dredging for spat. Indictment for stealing oysters. nalties and forfeitures incurred under the said acts of the forty-eighth and fifty-fifth years of the reign of his said late Majesty King George the Third may be sued for, recovered, mitigated, and applied." By the 6th section the powers granted to the commissioners of the Irish fisheries by 59 Geo. III. c. 109, shall be vested in the directors of inland navigation. The lord lieutenant may appoint additional directors; who shall not be entitled to any salary. By sect. 7 the lord lieutenant may employ persons for completing piers begun, or for receiving repayment of loans, &c. By sect. 8 the lord lieutenant may, for five years, order sums to be issued out of the consolidated fund for the purposes of this act. By sect. 9 the directors of inland navigation shall have all the powers of commissioners of the fisheries, and the act is not to revive the bounties. IV. Of the Oyster Fisheries. By 7 & 8 Geo. IV. c. 29, s. 36, “If any person shall steal any oysters or oyster brood from any oyster bed, laying, or fishery, being the property of any other person, and sufficiently marked out or known as such, every such offender shall be deemed guilty of larceny, and, being convicted thereof, shall be punished accordingly; and if any person shall unlawfully and wilfully use any dredge, or any net, instrument, or engine whatsoever, within the limits of any such oyster fishery, for the purpose of taking oysters or oyster brood, although none shall be actually taken, or shall, with any net, instrument, or engine, drag upon the ground or soil of any such fishery, every such person shall be deemed guilty of a misdemeanor, and, being convicted thereof, shall be punished by fine or imprisonment, or both, as the court shall award, such fine not to exceed 207., and such imprisonment not to exceed three calendar months; and it shall be sufficient in any indictment or information to describe, either by name otherwise, the bed, laying, or fishery, in which any of the said offences shall have been committed, without stating the same to be in any particular parish, township, or vill: provided always, that nothing herein contained shall prevent any person from catching or fishing for any floating fish, within the limits of any oyster fishery, with any net, instrument or engine adapted for taking floating fish only." See the general clauses affecting all the provisions of this act, post, title "Larceny." The offence of dredging for oysters within the limits of an oyster fishery is by the above enactment punishable by fine or imprisonment or both. The fine must not exceed twenty pounds, and the imprisonment must not exceed three months. Hard labour for the whole or any part of the imprisonment may be added, and with or without solitary confinement, 7 & 8 Geo. IV. c. 29, s. 4, such confinement not exceeding one month at any one time. 7 Will. IV. & 1 Vict. c. 90, s. 5. Dredging for oyster spat in a common navigable river is illegal, ante,59. The jurors for our lady the Queen upon their oath present, that C. D., late to wit. of the parish of in the county of -, labourer, on the day of in the year of the reign of our lady the now Queen Victoria, at the parish aforesaid, in the county aforesaid, from a certain oyster bed, called [if of any particular name,] the property of A. B., and sufficiently marked out and known as the property of the said A. B., one thousand oysters, of the value of twenty shillings, then and there being found, then and there feloniously did steal, take, and carry away; against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity. [Add other counts, if according to the fact, stating the stealing to be of "oyster brood," or the stealing to be from an oyster "laying," or "fishery."] Indictment for dredging in the The jurors for our lady the Queen upon their oath present, that C. D., late to wit. of the parish of in the county of day of labourer, on the |