POSTSCRIPT. 145 



" Provided always, and be it further enacted 

 by the authority aforesaid, that nothing in this act 

 shall extend, or be construed to extend, to sub- 

 ject or make liable any person or persons to the 

 penalties of this act who shall fish, take, or kill 

 and carry away any fish in any river or stream of 

 water, pond, pool, or other water wherein such 

 person or persons shall have a just right or claim 

 to take, kill, or carry away any such fish. 



To preserve the breed offish. 



There are several acts of parliament to pre- 

 serve fish and fisheries by penalties and pun- 

 ishments for using certain nets, and taking fish 

 under a proper size, and out of season, from 

 which the following quotations are made. 

 The first worthy of notice, I believe, is an act 

 passed in the thirteenth year of Richard II, 

 which says, 



" No persons shall put in the waters of Thamise, 

 Humber, Ouze, Trent, nor any other waters in, 

 any time of the year, any nets called stalkers, nor 

 other nets or engines by which the fry or breed of 



