160 BEST'S ART OF AN T GLTNG. 



plices, shall be discharged of the offence so by 

 him confessed. 5 G. 3. c. 14. s. 1, 2. 



And if any person shall take, kill, or destroy, 

 or attempt to take, kill, or destroy, any fish in 

 any river or stream, pond, pool, or other water 

 (not being in any park or paddock, or in any 

 garden, or orchard, or yard, adjoining or belong- 

 ing to any dwelling-house, but in any other in- 

 closed ground, being private property) he shall 

 on conviction before one justice, on the oath of 

 one witness, forfeit 5l. to the owner or owners of 

 the fishery, of such river or stream of water, or 

 of such pond, pool, mote, or other water : and 

 such justice, on complaint, upon oath, may issue 

 his warrant to bring the person complained of 

 before him ; and if he shall be convicted before 

 such justice, or any other justice of the county 

 or place, he shall immediately after conviction 

 pay the said penalty of 51. to such justice, for 

 the use of such person as the same is hereby ap- 

 pointed to be paid unto; and in default thereof, 

 shall be committed by such justice to the house 

 of correction, for any time not exceeding six 

 months, unless the forfeiture shall be sooner 

 paid ; or such owner of the fishery may bring 

 an action for the penalty (within six calender 

 months after the offence) in any of the courts of 

 record at Westminster. S. 3, 4. 



Provided, that nothing in this act shall ex- 

 tend to subject any person to the penalties there- 

 of, 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 shall 

 have a just right or claim to take, kill, or carry 

 away such fish. S. 5. 



7. By the Black act, if any person, being 

 armed and disguised, shall unlawfully steal or 



