labour, and to suffer such other corporal punishment as the justice shall think fit: the nets and engines to be cut or destroyed in presence of the justice; the banks, dams, hedges, and stanks, to be demolished at the charge of the offender, to be levied in like manner : 1 G. st. 2. c. 18. s. 14. Note. It is not said who shall have the fish; so that it seemeth they are forfeited to the king.

And no salmon out of the said rivers shall be sent to London, under six pounds weight; on pain that the sender, buyer, or seller, on the like conviction, shall forfeit 51. and the fish; half to the informer and half to the poor, by distress; for want of sufficient distress, to be committed to the house of correction or gaol, to be kept to hard labour for three months, if not paid in the mean time. Id. S. 15.

And person aggrieved may appeal to the next Sessions. Id. S. 17.

2. No salmon shall be taken in the Humber, Ouze, Trent, Done, Aire, Darwent, Wharfe, Nid, Yore, Swale, Tees, Tyne, Eden, or any other water wherein Salmon are taken, between Sept. 8 and Nov. 11. Nor shall any young salmon be taken at millpools (nor in otherplaces, 13 R. 2. st. 1. c. 19.) from Mid-April to Midsummer, on pain of having the nets and engines burnt for the first offence; for the second, imprisonment for a quarter of a year; for the third, a whole year; and, as the trespass increaseth, so shall the punishment. And overseers shall be assigned to enquire thereof. 13. Ed. 1. st. 1. c. 47. That is, under the great seal, and by authority of parliament. 2. Inst. 477.

And no person shall put in the waters of Thamise, Humber, Ouze, Trent, nor any other waters in any time of the year, any nets called

stalkers, nor other nets or engines whatsoever, by which the fry or breed of salmons, lampreys, or any other fish, may in any wise be taken and destroyed: on the like pain. 13. R. 2. st. 1. c. 19.

And the waters of Lon, Wyre, Mersey, Ribble, and all other waters in Lancashire, shall be put in defence as to taking of salmon from Michaelmas, to Candlemas, and in no other time of the year. And conservators shall be appointed in like manner. 13. R. 2. st.1. c. 19.

And the justices of the peace (and the mayor of London, on the Thames and Medway,) shall survey the offences in both the acts above-mentioned; and shall survey and search all the wears in such rivers; that they shall not be very strait for the destruction of such fry and brood, but of reasonable wideness after the old assize used or accustomed; and they shall appoint under-conservators, who shall be sworn to make like survey, search, and punishment. And they shall enquire in sessions, as well by their office, as at the information of the under-conversators of all defaults aforesaid, and shall cause them which shall be thereof indicted, to come before them; and if they be thereof convicted, they shall have imprisonment, and make fine at the discretion of the justices and if the same be at the information of an under-conversator, he shall have half the fine. 17. R. 2. c. 9.

3. By the 1 Eliz. c. 17. No person, of what estate, degree, and condition soever he be, shall take and kill any young brood, spawn, or fry of fish; nor shall take or kill any salmon or trouts not being in season, being kepper and shedder; nor any pike or pikerel, not being in length ten inches fish or more; nor any salmon, not being

in length sixteen inches fish; nor any trout not being in length eight inches fish; nor any barbel not being in length twelve inches: and no person shall fish, or take fish, by any device, but only with a net or trammel, whereof the mesh shall be two inches and a half broad, (angling excepted, and except smelts, loches, minnows, bull-heads, gudgeons, and eels ;) on pain of forfeiting 20s. for every offence, and also the fish, nets, and engines. Note. In some editions of the statutes it is 201. in others 20s. in the records it is not distinguishable whether it is pounds or shillings. The latter seems more adequate to the offence.

And the conservators of rivers may enquire hereof by a jury; and in such case they shall have the fines.

The leet also may enquire hereof; and then the forfeiture shall go to the lord of the leet. And if the steward do not charge the jury therewith he shall forfeit 40 s. half to the king, and half to him that shall sue. And if the jury conceal the offence, he may impannel another jury to enquire of such concealment and if it is found, the former jury shall forfeit every one 20s. to the lord of the leet.

And if the offence is not presented in the leet within a year, then it may be heard or determined at the sessions or assizes, (saving the right conservators.)

And by the 33 G. 2. 3. 27. No person shall take, or knowingly have in his possession, either in the water or on shore, or sell or expose to sale, any spawn, fry, or brood of fish, or any unsizeable fish, or fish out of season, or any smelt not five inches long: and any person may seize the same, together with baskets and package, and charge

a constable, or other peace-officer, with the offender and with the goods, who shall carry them before a justice; and on conviction before such justice, the same shall be forfeited and delivered to the prosecutor; and the offender shall besides forfeit 20 s. to be levied by distress, by warrant of such justice, and distributed, half to the prosecutor, and half to the poor of the parish where the offence was committed, (and any inhabitant of such parish, nevertheless may be a witness,) for want of sufficient distress, to be committed to the house of correction, to be kept to hard labour for any time not exceeding three months, unless the forfeiture be sooner paid. Provided, that the justice may mitigate the said penalty, so as not to remit above one half. Persons aggrieved may appeal to the next sessions: And the form of the conviction may be this:

Be it remembered, that on this in the year of the reign of is convicted before me

day of

G. B.

one of his

of

majesty's justices of the peace, for the

for

and I do adjudge him to pay and forfeit the sum of Given under my hand and seal the day and year abovesaid. S. 13, 15, 16, 17, 18, 19.

4. No person shall fasten any nets over rivers, to stand continually day and night, on pain of an hundred shillings to the king. 2 H. 6. c. 15.

Our plenteous streams a various race supply,
The bright ey'd perch, with fins of Tyrian-dye,
The silver eel, in shining volumes roli'd,
The yellow carp, in scales be-dropp'd with gold,
Swift trouts, diversified with crimson stains,
And pikes, the tyrants of the wat'ry plains.

POPE'S WINDSOR FOREST,

CHAP. VIII.

Prognostics of the Weather, independent of the Barometer, extracted from the best Authorities.

As it is highly necessary that an angler should be able to form a judgment of the change of weather, on which his sport entirely depends; if he observes the following signs, it will soon become familiar to him.

SIGNS FROM VAPOURS.

If a white mist in an evening or night is spread over a meadow, wherein there is a river, it will be drawn up by the next morning's sun, and the day will be bright afterwards.

Where there are high hills, and the mist which hangs over the lower lands draw towards the hills in a morning, and rolls up their sides till it covers the top, there will be no rain.

In some places, if the mist hangs upon the hills, and drags along the woods, instead of overspreading the level grounds, in a morning, it will turn to rain; therefore to judge rightly of the appearances of a fog, it is in some degree necessary to be acquainted with the nature of the country.

SIGNS FROM THE CLOUDS.

It is a very considerable symptom of fair weather, when the clouds decay, and dissolve