8 HISTORY OF THE OYSTER. 



net, instrument, or engine whatsoever within the 

 Hmits of any such oyster-fishery, for the purpose of 

 taking oysters or oyster-brood, although none shall be 

 actually taken, or shall, with any net, instrument, or 

 engine whatsoever, drag upon the ground or soil of 

 any such fishery ; every such person shall be deemed 

 guilty of a misdemeanor, and being found guilty shall 

 be punished by fine or imprisonment, or both, as the 

 court shall award, such fine not exceeding the sum of 

 twenty pounds, and such imprisonment not to exceed 

 three calendar months." 



A trial took place at the Sussex Lent assizes, 1814, 

 Bridger v. Richardson, an action being brought to 

 recover the penalty of £10 under the above statute, 

 for wittingly, with a certain engine called a dredge, 

 taking, in Chichester harbom-, three gallons of oyster 

 fry and spat, the same being sea-fish, and that of a 

 size unfit for use. There was also a second count for 

 a similar penalty, for wittingly, with a certain engine 

 called a drag, taking 100 bushels of the brood sea- 

 fish, to wit oysters, the same being sea-fish. 



On the trial it was proved that the defendant, who 

 was a Colchester fisherman, took the brood in question 

 for the pur})ose of carrying them to Colchester, to be 

 laid down there on })rivate lands for further growth 

 and maturity, and to make them marketable. 



Defendant's counsel objected, 1st, that the taking 

 must be with the intent to destroy, the contrary of 



