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COURTS OF QUEEN'S BENCH, COMMON PLEAS, AND EXCHEQUER,
COURT FOR CROWN CASES RESERVED,
MICHAELMAS TERM 1860, TO TRINITY TERM 1861,
In the Court of Queen's Bench,
In the Court of Common Pleas,
In the Court of Erchequer,
STEPHENSON, Esq. BARRISTERS-AT-LAW.
In the Court for Crown Cases Reserved,
FORMING PART III. OF
REPORTS OF CASES
CHIEFLY CONNECTED WITH
THE DUTIES AND OFFICE OF MAGISTRATES
AND THE ADMINISTRATION OF THE CRIMINAL LAW.
VOL. xxx. (new series), commencing with
MICHAELMAS TERM, 24 VICTORIÆ.
1860. EMBLETON, appellant, o. ship of Amble, in the
parish of Warkworth, Nov. 14. S BROWN, respondent. in the county aforesaid, did then and there
County Justices, Jurisdiction of—Salmon unlawfully attempt to take certain fish, to Fishing, 7 & 8 Geo. 4. c. 29. s. 34.
wit, salmon trout, in certain water there Sea-Shore between High and Low Water
called “ The Stell Fishery,” in which the mark.
Duke of Northumberland then had a pri
vate right of fishery for salmon and fish of That part of the sea-shore which lies the salmon kind, and such water not runbetween high and low water-mark is within ning through or being in any land adjoinand part of the adjoining county, so that the ing or belonging to the dwelling-house of Justices of the county have jurisdiction to the said Duke, contrary to the form of the take cognizance of offences committed thereon, statute in such case made and provided. whether the land be covered with water or not Sworn, &c. at the time the offences shall be committed. This information was laid under the 7 & 8
Geo. 4. c. 29. s. 34. The prosecutor and Case stated by Justices, under the the above-named respondent (hereinafter 20 & 21 Vict. c. 43. for the opinion of called the defendant) appeared at the hearthe Court of Queen's Bench.
ing, by adjournment, on the 7th of April At the petty sessions holden in and for instant. The facts were admitted by the the east division of Coquetdale Ward, in defendant to be correctly laid in the the county of Northumberland, on the 3rd information, with the exception that the of March 1860, an information came on place where the offence.was committed was for hearing, of which the following is a the sea-shore between high and low watercopy so far as is material :
mark at ordinary tides, and was at the Northumberland, The information of time the offence was so committed covered
to wit. George Embleton, of by the sea. At low water this place was Warkworth, in the county of Northumber- dry land. land, made upon oath before &c., on &c., Upon this evidence it was contended, who saith, that Henry Brown, of Cress- on the part of the prosecutor, that notwell, in the said county, fisherman, on the withstanding that circumstance, the place 19th day of November last, at the town where the offence was committed was NEW SERIES, XXX.—MAG. Cas.