98 ON THE CHANNEL -FISHERIES. 



the sum of 50/. for the first offence, together with 

 the nets so unlawfully employed, or the value there- 

 of; 100/. for the second offence, together with the 

 forfeiture of such nets ; and the like penalty of 

 100/. for the third offence, with the forfeiture of 

 the fishing vessel so using such nets, and all her 

 tackle, gear, and appurtenances, and one year's 

 imprisonment of the offending party, being the 

 commander of such vessel, without bail or main- 

 prize. And the money arising from such forfeitures, 

 either of the said sums of money, or the sale of such 

 nets and vessels, shall be recovered, paid, applied, 

 and disposed of as hereafter mentioned. And be it 

 further enacted, that if the fact of distance aforesaid 

 shall not be clearly proved to the satisfaction of the 

 jury impanneled to try the same, under the direction 

 of such magistrates as in other trials for offences, or 

 if there be any nicety in the calculation or ascer- 

 taining such distances, or if it be shewn that such 

 fishermen were not aware that they were fishing 

 within the distance aforesaid or contrary to any 

 notice or warning such fishermen might have re- 

 ceived to that effect ; or that he or they did not 

 intend wilfully to infringe the provisions of this 

 act, it shall and may be lawful to and for such 

 jury, under the directions of such magistrates in 

 sessions aforesaid, not only to mitigate the penal- 

 ties last aforesaid, to any sum the said court and 

 jury sworn shall think proper, but altogether to 

 relinquish and discharge the same. And as upon 

 some occasions difficulties may arise respect- 



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