152 



if he shall be convicted before such justice, or 

 other justice of the county or place, he shall 

 immediately after conviction pay the said penalty 

 of ol. to such justice, for the use of such person 

 as the same is hereby appointed 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 fish- 

 ery may bring an action for the penalty (within 

 six calendar months after the offence) in any of 

 the courts of record at Westminster. S. 3, 4. 



Provided, that nothing in this act shall extend 

 to subject any persons to the penalties thereof,, 

 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 

 take away any fish out of any river or pond ; or 

 (whether armed or disguised, or not) shall unlaw-^ 

 fully and maliciously break down the head or 

 mound of any fish-pond, whereby the fish shall 

 be lost or destroyed, or shall rescue any person in 

 custody for such offence, or procure any other to 

 join with him therein, he shall beguilty of felony, 

 without benefit of clergy. 



SdJy. RULES CONCERNING THE ASSIZE, AND PRESERVING 

 THE BREED OF FISH. 



1. If any person shall lay or draw any net, en- 

 gine, or other device, or cause any thing to be done 

 in the Severn, Dee, Wye, Teame, Were, Tees, 



