334 APPENDIX. 



2nd. In the arms, creeks, branches and ditches which 

 derive their water from large waters and navigable rivers, 

 in which it is possible at all times to pass or penetrate 

 freely in a fishing boat, and of which the maintenance is 

 equally at the expence of the state. 



Provided always, that the already existing canals, and 

 ditches, or those which shall be hereafter cut out in 

 private properties, and maintained at the expence of the 

 proprietors, be excepted, 



ART. 2. In all the rivers and canals exclusive of those 

 which are designated in the preceding article, the pro- 

 prietors of rivers, shall have, each on his side, the right of 

 fishing up to the middle of the course of the river, 

 without prejudice to any contrary right established by 

 possession or title. 



ART. 5. Every individual, who shall employ himself 

 in fishing on the larger waters, and navigable rivers, 

 canals, streams, or water-courses of whatever description, 

 without permission from him to whom the right of fishing 

 appertains, shall be condemned to a fine of 25 francs 

 at least, and 100 francs at most, independent of the 

 injury inflicted. 



Moreover, a restitution of the value of the fish which 

 have been illegally taken may be enforced, and a con- 

 fiscation of the nets and implements of the fisher may be 

 also pronounced. 



Nevertheless, it is permitted to every individual TO FISH 



WITH A FLOATING LINE HELD IN THE HAND,* in 



the large waters, rivers, and canals designated in the two 

 first paragraps of the FIRST ARTICLE of the present law, 



THE TIMES OF SPAWNING EXCEPTED. 



* i. e. With rod and line. 



