OYSTER FISHERY LEGISLATION. 987 



Pun. 2. [24 and 25 Viet., c. 96, s. 26] ; or shall unlaw- 

 fully or wilfully use any dredge, or any net, instrument, or 

 engine, within any oyster-bed or fishery, being the pro- 

 perty of any other person, for the purpose of taking oysters, 

 or oyster-brood, or unlawfully and wilfully, with any net, 

 &c., drag upon the ground or soil of any such fishery 

 punishable by imprisonment for not exceeding three 

 months, with or without labour or solitary confinement. 

 [Id.] (But this section is not to prevent any person from 

 catching or fishing for any floating fish, within any oyster 

 fishery, with any net adapted for taking floating fish only.) 

 [Id. s. 26.] 



OYSTER FISHING-SEA. 



If within the exclusive (g) fishery limits of the British 

 Islands any person, or if outside those limits any person 

 belonging to a British sea-fishing boat, fishes for oysters, 

 or has on board his boat any oyster dredge, within any 

 seas and during which oyster fishing is prohibited by law, 

 or by any convention, treaty, or arrangement to which this 

 Act may hereafter be applied, Fine, on summary convic- 

 tion, not exceeding ^50, or imprisonment NOT EXCEEDING 

 THREE MONTHS, with or without hard labour. [46 and 47 

 Vict., c. 22, s. 4.] Fine may, if court think fit, be applied 

 towards payment of expenses, and subject thereto is to be 

 paid to the Exchequer. [Id. s. 21.] For the purpose of 

 jurisdiction, a sea-fishing boat is to be deemed a ship 



See 31 and 32 Viet., c. 45, and 32 and 33 Viet., c. 31, as to fishery in. 

 Langston Channel and channels in Chichester Harbour, and R. v. 

 Doning, 23 L T. 398, as to evidence of ownership of an oyster-bed in 

 a tidal river, and Goodman v. Mayor of Saltash, ante, p. 530. 



(g) Power is given to the Board of Trade by Part 3 of 31 and 32 

 V., c. 45, to make an order for constitution of an oyster and mussej 

 fishery ; the power is extended to cockles by 47 and 48 Viet., c. 27. 



