58 



I would first observe, that this statute has 

 been stigmatized, and its provisions condemned 

 by more legal authorities than one. Amongst 

 other provisions, it authorizes a gamekeeper to 

 kill his fellow-creature if found trespassing in 

 the night : it creates pigeons and fowl game. 

 In an act professedly made for the preser- 

 vation of game is introduced clauses for the 

 preservation of jish; and thus insidiously 

 holding forth one matter, viz. game, and relat- 

 ing to another, jish, which are not game ; for 

 the latter of which no one would ever suspect 

 from the title of the Act any provisions would 

 be included or penalties created. 



Mr. Christian with great reason asks, 

 " could any one have supposed these enact- 

 ments possible in a land of learning and li- 

 berty ?" and adds, " that no magistrate ought 

 to enforce an Act so pregnant with ignorance 

 and absurdity" And with respect to the Clauses 

 relating to fishing, he stigmatizes them as being 

 " miserably composed." 



This Act however is evidently intended to 

 apply to all disorderly and mean persons, 

 taking fish out of ponds, waters, rivers, and other 

 fisheries, to the damage of the owners thereof, 

 and is confined to several or private ponds, 



