A Treatise On the Fishery Laws of the United Kingdom: Including the Laws of ...
A Treatise On the Fishery Laws of the United Kingdom: Including the Laws of ...
James Patterson
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c. 109, §1.1. « Moulton Y. WUby, 8 L. T. 234. 147 an action for trespass for doing so. As to the for- feiture, see post, 24 & 25 Vict a 109, § 35. As already explained, not only wears but any fixed engine which sensibly prevents the passage of fish to the upper streams, are illegal at common law ; but on the construction of the statntfes aflfectiiig wears, it is now settled that wherever the kigihe or fixed apparatus can be traced to the p'eriod of Magna Charta they are legaL^ Hence all owners ...in this position are expressly exempted from this pfenalty. Fishing Dams, — ^No fishing mill-dam or fishing wear is legal except it be ancient, and e\'en ancient fishing wears must have a free gap, and ancient fishing mill- dams must have a proper fish-pass ; and no fishing is allowed in the head or tail race of a mill, or within fifty yards below u dam, unless these have a fish-pass.'* As already stated, Ho wear or dam for fishing-is legal unless its origin can be presumed to be older than Magna Charta.* This section makes illegal all other wears, and renders it necessary to have fish-gaps and passes attached to those Which are legal Only one oflfence caitiHbe committed on one day, whettier any salmon be caught or not ; but the.
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