168 STATUTE LAWS RELATING TO 



either by the statutes at large, by Burn or Hawkins, 

 that this act was ever expressly or impliedly re- 

 pealed ; and if not, it is still in force, and the jus- 

 tices are conservators of rivers virtute officii. They 

 have power to judge of the offences against the 

 statutes aforesaid ; to survey all weirs and see that 

 they are as they should be, that they may punish 

 the offenders discretionally , "Due punishment" 

 means, such as the justices think proper. They may 

 appoint under-conservators ; and they are bound in 

 their sessions, though they never do so, to enquire, 

 by virtue of their own offices and the information 

 of the under-conservators, of all trespasses against 

 the said statutes, and to cause the offenders to be 

 indicted. The 1 Hen. IV. c. 12. gives the sheriff a 

 power to pull down weirs ; but that act applies 

 more to ships than fish. If the magistrates would 

 act up to this statute of the 17 Rich. II. in the pre- 

 sent state of the fishery laws, they would do a great 

 deal of good. There must have been some great 

 defect or neglect in the execution of this act, for, 

 in the following reign, 



4 Hen. IV. c. 11. 



Commissions shall be awarded to justices to enquire 

 of wears, kiddles, &c. — " Item, because that by weirs, 

 " stakes, and kiddles, being in the water of Thames and 

 " of other great rivers through the realm, and common 

 " passage of ships and boats is disturbed and much people 

 " perished, and also the young fry of fish destroyed, and 

 " against reason wasted and given to swine to eat, contrary 

 *> to the pleasure of God and to the damage of the king 



