IN THE UNITED KINGDOM AND FRANCE. 161 



39. Water Bailiffs so appointed may exercise and use all the powers Powers of. 

 and authorities of a Constable, so far as the same may be necessary. ^ 9 g ^j c -' c - 

 (For powers of Water Bailiffs — see also 5^6 Vic, c. 106, 5. 84, and 

 impeding or obstructing, ib. s. 90.) 



40. Appointment must be approved and . confirmed by two or more Appointment 

 Justices in Petty Sessions in the district within which Bailiff is to act, Jimed by° n ~ 

 and Justices shall indorse the Warrant, and may revoke appointment and Justices. 

 dismiss such Bailiff, and approve and confirm appointment of some other 106, s . 82? c ' 

 person. 



41. Warrant subject to Stamp Dutv of Five Shillings. {For form of subject to 

 Warrant— see Appendix B. ) 8 &7 vl u .!o. 



108, s. 13." 



General Provisions. 



42. Any person stealing any Oysters or Oyster Brood from any stealing 

 Oyster Bed, Laying, or Fishery, the property of any other person, and JSSn™' 

 sufficiently marked out or known as such, guilty of Felony, and liable to 24 & 25 Vic, 

 be punished as in the case of Simple Larceny. 



43. Any person unlawfully and wilfully using any Dredge, Net, Using any 

 Instrument, or Engine whatsoever, within the limits of any Oyster iimiw lthm 

 Fishery, being the property of any other person, and sufficiently marked °7 ster 

 out or known as such, for the purpose of taking Oysters or Oyster Brood, 24 S & e 25*vio., 

 although none shall be actually taken, or unlawfully and wilfully, with c - 96 > s - 26 - 

 any Engine dragging upon the ground or soil of such Fishery, guilty of 



a Misdemeanour, and liable to be imprisoned for a period not exceeding 

 Three Months with hard labour, and with or without solitary con- 

 finement. 



44. Nothing to prevent any person taking Floating Fish within the Not to 

 limits of any Oyster Fishery with any Net or Engine adapted for HZlf^ 9 

 taking Floating Fish only. floating fish. 



& & J 24 & 25 Vic, 



45. All Oysters being in or on any Oyster Bed, Laying, or Fishery Q st e rginthe 

 which is the property of any person, and is sufficiently marked out or Oyster 

 known as such, shall be the absolute property of such person, and in ^Ithe^^be 

 all Courts of Law and Equity and elsewhere, and for all purposes, civil, Owner's 

 criminal, or other, shall be deemed to be in the actual possession of 30°Vic., c. 18, 

 such person. s - 3 - 



46. All Oysters removed by any person from any such Oyster Bed, Lay- Oysters 

 ing, or Fishery, and not either sold in market overt, or disposed of by or th?Fishery 

 under the authority of the person to whom such Bed, Laying, or Fishery t ° b6 ° tra6r '" 

 belongs as aforesaid, shall be the absolute property of such last-mentioned 30 Vic, 0. is, 

 person, and in all Courts of Law and Equity and elsewhere, and for all s - 4 - 

 purposes, civil, criminal, or other, the absolute right to the posses- 

 sion thereof shall be deemed to be in such last-mentioned person. 



47. If any person found offending, any Officer or person empowered offenders 

 to enforce provisions of Act, or any person interested in the Fishery, ^rehended 

 may require him to desist from such offence, and also to tell his Christian ^^Jf^Jf 

 name and surname and place of abode, and in case of refusal or giving names. 5 & 6 

 a general description of his abode, so as to be illusory for the purpose J 1 ^' 

 of discovery, or continuing offence, lawful for the officer or person so 

 requiring, and any person acting by his order and in his aid to appre- 

 hend such offender and convey him before a Justice of the Peace. 

 Offender not to be detained longer than Tivelve Hours. (See sec. 87 

 in Act.) 



I, 



Vic, c. ioe, 



