FISHES AND FISHING. 269 



have waived the right for thirty years, as the law now 

 stands. 



The 7th and 8th of George IV., cap. xxix. sect. 

 34, enacts that any person unlawfully and wilfully 

 taking or destroying any fish, in any water running 

 through, or heing in any land adjoining or belonging 

 to the house of any person, being the owner of such 

 water, or having a right of fishery therein, shall be 

 guilty of a misdemeanour, and being convicted there 

 of, shall be punished accordingly : And any person 

 unlawfully and wilfully taking and destroying, or 

 attempting to take and destroy any fish in any water 

 not being such as aforesaid, but which shall be pri 

 vate property, or in which there shall be any private 

 right of fishery, every such offender being convicted 

 thereof before a Justice of the Peace, shall forfeit and 

 pay, over and above the value of the fish taken or 

 destroyed, (if any) such sum of money, not exceeding 

 five pounds, as to the Justice shall seem meet : Pro 

 vided always, that nothing herein before contained 

 shall extend to any person angling in the day-time ; 

 but if any person shall, by angling in the day-time, 

 unlawfully and wilfully take or destroy, or attempt 

 to take or destroy any fish in any such water as first 

 mentioned, he shall, on conviction before a Justice of 

 the Peace, forfeit and pay any sum not exceeding five 

 pounds ; and if in any such water as last mentioned, 



