622 REPORT OF COMMISSIONER OF FISH AND FISHERIES. 



apparatus -which has not been removed from these hatching-grounds 

 within twelve hours after notification, or which has been placed there 

 after notice has been given, is to be confiscated, as well as all the fish 

 which have been caught. 



The fishery-laws of 1845 gave permission to persons holding fishing- 

 privileges in one or more sheets of water, in case they unanimously agree 

 to it, to abolish the confining regulations, either totally or in part, by a 

 treaty which must be laid before the governing counselor (Landrath) of 

 the district. The regulations of the district of Coslin, passed in 1859, 

 permit such deviations from certain specially mentioned rules, as have 

 been agreed on by all the holders of fishing-privileges, inasmuch as a still 

 greater protection of the industry is aimed at, and also the destruction 

 of fish of prey, such as pike, or the stocking of the waters with fish, or 

 the further increase of certain species of them, or the promotion of pis- 

 ciculture. Such a contract must be approved by the governing counselor 

 of the district, and the modified regulations must be clearly defined by 

 the local police-authorities, and be properly promulgated throughout 

 the whole district. 



In some districts, special government officers are appointed to super- 

 vise the fisheries, such as higher fish-masters, fish-masters, fish-keepers, 

 fishery-overseers, &c, all wearing a special uniform, and having their 

 boats conspicuously marked, so as to be easily recognizable. Those pri- 

 vate watchmen and other officers who are appointed by the proprietors of 

 large fisheries are subordinate to the royal fish-master. 



In other districts, the government has the right, in case the fishing- 

 laws are violated by holders of privileges, and the fisheries are large 

 and important, to appoint overseers at the expense of the proprietors. 

 Fishing-permits have been allowed in some waters; they are to be issued 

 on a mere request by the higher fish- master, but in case of litigation these 

 permits cannot be used in giving judgment as to the rights of persons. 

 The local police-authorities must every year make a list of all holders of 

 fishing-privileges, and must exhibit them publicly for a certain period of 

 time. Violations of the law are usually punished by a fine not to exceed 

 the sum of $37.50. In punishing transgressors, prohibited implements 

 are as a rule to be confiscated. 



These cases come into the police-courts, (law of April 14, 1856,) before 

 which the district-attorney makes his charges. According to the circular 

 of September 19, 1864, forest-officers can be appointed as attorneys for all 

 violations of the fishing-law occurring within their jurisdiction, whenever 

 they have no private interest in the fisheries, as lessees, &c, in which 

 case the regular district-attorney prosecutes the case. 



According to fl 370 of the imperial German penal code of May 15, 1871, 

 persons catching fish or crawfish without having a privilege or a permit, 

 are punishable by a fine not to exceed the sum of $37.50, or by imprison- 

 ment. 



According to fl 296 of the same code, persons who at night-time 



