ON THE CHANNEL-FISHERIES. 77 



or their possession, shall forfeit and pay the sum of 

 rive pounds for every part or whole fish so found in 

 possession of such person or persons. 



And whereas it is necessary for the due and ef- 

 fectual execution of this Act, that conservators* or 

 overseers be appointed in such numbers and at such 

 places, and for such rivers and branches of rivers, 

 as the said magistrates shall think proper, to see 

 that the same and the provisions thereof are not 

 violated ; be it further enacted, that the magistrates 

 aforesaid, for each respective county, shall have 

 power, and they are hereby authorized to appoint 

 as many conservators as they shall think proper for 

 the several rivers and the branches thereof) in each 

 respective county ; who shall be sworn by any ma- 



* Conservators or overseers were assigned, and to be sworn 

 by the 13th Ed. IV. c. 47- whose duty it was in very general 

 terms to inquire of offenders ; and by 17 Richard II., c. 9. 

 justices of the peace were to be conservators, and such justices 

 were, by this statute, to survey and search all the weirs, that 

 they shall not be very strait for the destruction of such fry and 

 breed, but of reasonable wideness. 



Here the office of conservator and the power of the magis- 

 trate with regard to weirs, are very lightly touched upon, but 

 the power of either is by no means equal to a necessary reme- 

 dy of the existing evil. — Still the magistrates are conservators, 

 and may act as such, if they think proper. 



It is requisite also that the conservators, as well as the 

 justice, should not be liable to vexatious actions for trespasses, 

 where no injury is committed. And there should be a greater 

 number of conservators appointed ; one is not sufficient for a 

 large river, extending thirty or forty miles. It would be a 

 very advantageous thing if the constables in every parish were 

 to be sworn. 



