172 STATUTE LAWS RELATING TO 



nually by the hand, as is the practice with other 

 fishermen : the mischief lies in the fastening them. 

 This case is reported in Mr. Chitty's Appendix, 

 p. 866. The other is somewhere in the Term 

 Reports I believe, but I cannot find it at present. 

 It is so many years since it came under my obser- 

 vation, that I have forgotten the result. I am 

 only certain of having seen it ; and should feel 

 indebted to any one who would point it out. 

 Fastening nets, contrary to this statute, is a prac- 

 tice as common as it is pernicious ; but the penalty 

 of this statute is very inadequate to the suppres- 

 sion of the evil ; it is not within the jurisdiction of 

 the magistrate, or the subject of an indictment; 

 there appears to be no other remedy than an action 

 at the suit of the king ; consequently there is no 

 remedy at all,* and the fishermen may at their option 

 place and fasten their nets as long as they please. 

 I publish this in the hope that an effectual law will 

 soon take place to mend the evil, for it ought not 

 to continue. 



12 EDWARD IV. c. 7. 



"An Act for taking away of Weirs and Fish-garthes." After 

 reciting all the before-mentioned statutes, and confirming the 

 same, for pulling down of weirs; "it is further enacted, that 

 " if it be found that any such weirs, mill-dams, mill-stanks, 

 " locJcSy ebbing- wears, stakes, kedels, hecks, or flood-gates, 

 " be made, levied, enhansed, straitened, or enlarged," 

 the offenders being warned by the sheriff, of such weirs, 

 &c., and within three months next after they do not break 

 down the same, shall forfeit to the king 100 marks ; 



