POSTSCRIPT. 147 



and make fine, at the discretion of the justices; 

 and if the same be at the information of an under- 

 conservator, he shall have half the fine." 



And by a later act, 



" No person shall take, or knowingly have in 

 his posession, either in water or on shore, or sell 

 or expose to sale, any spawn, fry or brood of fish, 

 or any unsizeable fish, or fish out of season, or 

 any smelt not five inches long ; and any person 

 may seize the same, together with the baskets and 

 package, and charge a constable or other peace 

 officer with the offender, and with the goods, who 

 shall carry them before a justice, the same shall 

 be forfeited and delivered to the prosecutor, and 

 the offender shall besides forfeit twenty shillings, 

 to be levied by distress, by warrant of such jus- 

 tice, and distributed, half to the prosecutor, and 

 half to the poor of the parish where the offence 

 was committed (and any inhabitant of such parish 

 may nevertheless may be a witness) ; and for 

 want of sufficient distress, to be committed to the 

 house of correction, to be kept to hard labour, 

 for any time not exceeding three months, unless 



