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THE

LAW JOURNAL REPORTS

FOR

THE YEAR 1861:

CASES RELATING TO

THE POOR LAW, THE CRIMINAL LAW,

AND OTHER SUBJECTS

CHIEFLY CONNECTED WITH

The Duties and Office of Magistrates,

DECIDED IN THE

COURTS OF QUEEN'S BENCH, COMMON PLEAS, AND EXCHEQUER,

AND THE

COURT FOR CROWN CASES RESERVED,

FROM

MICHAELMAS TERM 1860, TO TRINITY TERM 1861,

BOTH INCLUSIVE.

REPORTED

In the Court of Queen's Bench,

By WILLIAM MILLS, Esq. AND ROBERT SAWYER, ESQ. BARRISTERS-at-Law.
En the Court of Common Pleas,

By JAMES REDFOORD BULWER, ESQ. AND WILLIAM PATERSON, Esq.
BARRISTERS-AT-LAW.

In the Court of Exchequer,

By JAMES EDWARD DAVIS, ESQ. AND AUGUSTUS KEPPEL
STEPHENSON, ESQ. BARRISTERS-AT-LAW.

En the Court for Crown Cases Reserved,

By FRANCIS RUSSELL, Esq. BARRISTER-At-Law.

FORMING PART III. OF
VOL. XXXIX.

NEW SERIES, VOL. XXX.

LONDON:

Printed by James Holmes, 4, Took's Court, Chancery Lane.

PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE.

MDCCCLXI

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 VICTORIE.

1860. Nov. 14. S

EMBLETON, appellant, v.
BROWN, respondent.

County Justices, Jurisdiction of-Salmon Fishing, 7 & 8 Geo. 4. c. 29. s. 34.Sea-Shore between High and Low Watermark.

That part of the sea-shore which lies between high and low water-mark is within and part of the adjoining county, so that the Justices of the county have jurisdiction to take cognizance of offences committed thereon, whether the land be covered with water or not at the time the offences shall be committed.

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ship of Amble, in the parish of Warkworth, in the county aforesaid, did then and there unlawfully attempt to take certain fish, to wit, salmon trout, in certain water there called "The Stell Fishery," in which the Duke of Northumberland then had a private right of fishery for salmon and fish of the salmon kind, and such water not running through or being in any land adjoining or belonging to the dwelling-house of the said Duke, contrary to the form of the statute in such case made and provided. Sworn, &c.

This information was laid under the 7 & 8 Geo. 4. c. 29. s. 34. The prosecutor and the above-named respondent (hereinafter called the defendant) appeared at the hearing, by adjournment, on the 7th of April instant. The facts were admitted by the defendant to be correctly laid in the information, with the exception that the place where the offence was committed was the sea-shore between high and low watermark at ordinary tides, and was at the time the offence was so committed covered At low water this place was

Northumberland, George Embleton, of by the sea.

to wit.

Warkworth, in the county of Northumberland, made upon oath before &c., on &c., who saith, that Henry Brown, of Cresswell, in the said county, fisherman, on the 19th day of November last, at the townNEW SERIES, XXX.-MAG. CAS.

dry land.

Upon this evidence it was contended, on the part of the prosecutor, that notwithstanding that circumstance, the place where the offence was committed was

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