132 ART OF ANGLING. 



of angling. 



Sect. L The penalty of fishing in ponds and 

 other private fisheries. 



Any man may erect a fish pond without li- 

 cense ; because it is a matter of profit, and for 

 the increase of victuals. 2 Inst. 199. 



If any trespassers in ponds be thereof attaint- 

 ed at the suit of the party, great and large a- 

 mends shall be awarded according to the tres- 

 pass ; and they shall have three years' imprison- 

 ment, and after shall make fine at the king's 

 pleasure, (if they have whereof) and then shall 

 find good surety that after they shall not com- 

 mit the like trespass. And if they have not 

 whereof to make fine, after three years' impri- 

 sonment they shall find like surety ; and if they 

 cannot find like surety they shall abjure the 

 realm. And if none sue within the year and 

 day, the king shall have the suit. 3 Ed. 1. c. 20. 



Note; Those are trespassers in ponds, who 

 endeavour to take fish therein. 2 Inst. 200. 



By 5 El. c. 21. s. 2. 6. If any person shall 

 unlawfully break, cut, or destroy any head or 

 dam of a fish pond, or wrongfully fish therein, 

 with intent to take or kill fish ; he shall on con- 

 viction at the suit of the king, or of the party, 



