1-72 APPENDIX. 



Persons are not only liable as trespassers for entering a 

 decoy, and killing the fowl, but an action lies for discharg- 

 ing guns adjacent to it, whereby the fowl are driven away, 

 and the owner damnified. (Keeble v. Hickeringall, 11 

 East, 573.) 



A man has a right, however, to set up a decoy on his own 

 ground, notwithstanding it is near to his neighbour's land. 

 (Per Holt, C. J., c. 7, 11 East, 576.) 



FISHING AND FISHERIES. Unlike game, fish become the 

 property of him who first captures them ; but, notwith- 

 standing they are his as soon as taken, he may be subject 

 to an action at law, or other proceeding, for the manner in 

 which they came into his possession. 



Besides this liability under the common law, a person now 

 taking or destroying fish in any water running in or through 

 any land adjoining or belonging to the dwelling-house of 

 any one owning the water, or having the right of fishing 

 therein, is guilty of a misdemeanour : and if any person 

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

 any water (not being such as before mentioned) but which 

 is private property, or in which there is private right of 

 fishing, he is liable to pay, on conviction before a magis- 

 trate, beyond the value of the fish, a penalty not exceeding 

 5 (7th and 8th Geo. IV. c. 29, s. 34, 35). 



An act passed in the same year (7th and 8th Geo. IV. c. 

 30, s. 15), " subjects to seven years' transportation, or impri- 

 sonment not exceeding two years, every one who breaks 

 down or destroys the dam of any fish-pond, or any water 

 which shall be private property, or in which there shall be 

 any private right of fishing ; or who shall put any line or 

 noxious ingredient into the water with intent to destroy the 

 fisk" It is important especially to notice this latter sta- 



