A

BILL

To regulate the Fisheries on certain Parts of the Coasts of the Counties of Devon and Cornwall.

I

2

Note.-The Figures in the Margin denote the Number of the Folios in the written Copy.

W

HEREAS it is highly necessary for the better encourage- Preamble. ment of the breed of Fish, and to prevent their destruction, on certain parts of the Coast of Devon and Cornwall, that the Fish entering the Bays and Creeks thereof, for the purpose of depositing their Spawn, and also that the young Brood or Fry, should not, during certain Seasons of the year, be disturbed or molested :

And whereas the Fishery for Herrings, Pilchards, Sprats, Lavidaian and Mackerel, is greatly injured, during certain Seasons, by the use of Trawls and Drag Nets:

That it may be Enacted; And be it Enacted, by The KING's Most
Excellent MAJESTY, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the Authority of the same, THAT from and Penalty on

after the

next

any

Persons using Trawl or Drag Nets, on certhe Coasts of tain parts of

if Person or Persons shall use or cause to be used at Sea, on such parts of the Coast of the Counties of Devon and Cornwall as are situate between

Devon and
Cornwall.

any

Trawl Net or Drag Net whatsoever, for the purpose of catching
Fish, of what nature or kind soever, during the months of
A

128.

and

Repealing certain parts of Acts 3 James I

& 1 Geo. I.

and

or any of them, then and in such case every such Person so offending, shall, on conviction of such offence, in manner hereinafter mentioned, not only forfeit and lose every such Trawl Net or Drag Net, but shall also forfeit and pay for every such offence, any Sum not exceeding

and if any Person or Persons shall use or cause to be used at Sea, on
such parts of the Coasts of Devon and Cornwall as are situate between
the said
and

or on such parts of the said Coasts as are situate between

and

any Trawl Net or Drag Net whatsoever, for the purpose of catching
Fish, of what nature or kind soever, during the months of

and
or any of them, then and in such
case, every such Person so offending shall, on conviction of such
offence, in manner hereinafter mentioned, not only forfeit and lose
every such Trawl Net or Drag Net, but shall also forfeit and
every such offence, any Sum not exceeding

pay for

3

AND whereas by an Act passed in the third year of the reign of King James the First, intituled, "An Act for the better Preservation "of Sea Fish," it is declared, That every Person which after the first day of October next ensuing, in any Haven, Harbour, Creek, or within five miles of the mouth of any Haven, Harbour or Creek of the Sea, shall fish with any Draw Net or Drag Net under three inches mesh, videlicit, one inch and a half from knot to knot, or with any Net with Canvas or other Engine or Device, whereby the Spawn, Fry or Brood of Sea Fish may be destroyed, shall forfeit such Net, and also forfeit for every time so doing Ten Shillings of lawful Money of England: AND whereas by one other Act passed in the first year of the reign of King George the First, intituled, "An Act for the "better preventing fresh Fish taken by Foreigners being imported "into this Kingdom, and for the preservation of the Fry of Fish, "and for the giving leave to import Lobsters and Turbots in foreign "bottoms, and for the better preservation of Salmon within se"veral Rivers in that part of this Kingdom called England," it is it is 4 enacted, That from and after the twenty-ninth day of September one thousand seven hundred and sixteen, if any Person or Persons shall use at Sea upon the Coast of that part of Great Britain called England, any Trawl Net, Drag Net or Set Net whatsoever, for the catching of any kind of Fish (except Herrings, Pilchards, Mackerel, Sprats or Lavidaian) which hath any mesh or moke of less size than three inches and a half at least from knot to knot, or which hath any false or double bottom, cod or pouch, or shall put any Net or Nets though of legal size or mesh, upon or behind the others, in order to catch and destroy the small Fish which would have passed through any single Net of three inches and half mesh, all and every such Person or Persons so offending shall forfeit all and singular such Net or Nets so used contrary to the true intent and meaning thereof, and also for every such offence the sum of Twenty Pounds of lawful money of

Great

Great Britain: AND whereas, notwithstanding such Provisions, the Breed and Fry of Sea Fish has been greatly destroyed by the using of Nets of too small a size or mesh; BE it therefore Enacted, That so much of the said recited Acts as may relate to or affect or concern 5 any Net or Nets used or to be used at Sea, on any part of the Coast

of the County of Devon as is situate between a certain Point called
The Start, and a certain other Part called Street Point, otherwise
Straight Point, on the Eastern side of the mouth of the River Exe, in
the said County as aforesaid, shall from and after the

day of
next after the passing of this Act, be
repealed, and the same is hereby declared to be repealed and null
and void to all intents and purposes whatsoever.

For preventing the Dethe Breed and Fry of Sea Fish, &c.

struction of

and Penalty on Persons using

Nets of certain size.

AND for the better preventing the destruction of the Breed and Fry of Sea Fish, by using Nets of too small a size or mesh; BE it further Enacted, That if any Person or Persons shall use or cause to be used at Sea, within the limits aforesaid, any Trawl Net or Drag Net whatsoever, for the catching of Fish, of what nature or kind soever (except Herrings, Pilchards, Sprats, Mackerel or Lavidaian) which Trawlor Drag hath any mesh or meshes of less size or scantling than inches such size or scantling to be measured from the outer extremity of one knot to the inner side or extremity of the other, and leaving out and passing by the two knots of the intermediate row, or shall use or cause to be made use of any such 6 Net having a false or double bottom, cod or pouch, or shall put or place or cause to be put or placed, any Net or Nets, although the meshes thereof shall be of the size or scantling aforesad, upon or behind any other Net or Nets, in order to catch and destroy the small Fish which would have passed through any single net with meshes of the size or scantling of as aforesaid; then and in every such case every such Person so offending shall not only forfeit and lose all and every such Net and Nets, but shall also forfeit and pay for every such offence, any sum not exceeding

7

Pieces used

Nets deemed within the meaning of

not to be

Provided always, and be it further Enacted, That nothing herein Rubbing contained shall extend or be construed to extend, so as to deem any Rubbing Pieces used with any such Trawl Net, or any pouch or pouches attached to the sides thereof, a false or double bottom, cod or pouch, within the intent and meaning of this Act; provided also, that the size or scantling of the mesh or meshes of such Nets respectively shall be taken or measured when the same respectively shall be wet.

this Act.

And be it further Enacted, That when such Net or Nets shall be Nets forfeited forfeited as aforesaid, the same shall, together with the false or double to be burnt. bottom, cod or pouch attached thereto (if any) be burned; and the Justice or Justices before whom the conviction shall take place, shall,

and he or they is and are hereby required to order and direct the same to be burned accordingly forthwith.

128.

And

the Peace for

Devon or Cornwall, to order Nets to

&c.; and Pe

lawful Nets.

Any Justice of. And be it further Enacted, That upon information on oath being made before any Justice of the Peace for the said County of Devon or Cornwall (as the case may be,) (which oath and information such be measured, Justice is hereby enabled to administer and take) by any, credible nalty on Per- Person whomsoever, that he has good reason to suspect that any illegal sons using un-Net or Nets, the same being contrary to the provisions and directions of this Act, is or are in the possession and made use of by any Fisherman or other Person whomsoever; then and in every such case it shall be lawful for such Justice, by Warrant under his hand and seal, directed to any Person or Persons whomsoever, to cause the Net or Nets of such Fisherman to be measured, and for that purpose it shall be lawful for the Person or Persons authorized by such Warrant, in the daytime, together with such assistance as may be necessary, to search for the several Nets in the use or possession of, or belonging to the Person or Persons against whom such information shall be laid, and to measure the size and scantling of the several meshes thereof, and also to enter into any Boat or other Vessel, for the purpose of duly executing such Warrant; and if upon such measurement it shall appear that any such Net or Nets shall have any mesh or meshes thereof, contrary to the provisions and directions in this Act contained, or that any false or double bottom, cod or pouch is attached thereto, it shall and may be lawful to and for the Person or Persons so executing such Warrant, to seize such Net and Nets, together with the false or double bottom, cod or pouch attached thereto, and to convey the same to any Justice of the Peace for the County in which the offence shall be committed, in order to the conviction of the offender or offenders.

Penalty on Persons obstructing the execution of this Act.

Penalty on
Persons sell-

ing Fish, &c.

which shall

not be of cer.
tain lengths
or sizes.

And be it further Enacted, That if any Person or Persons shall obstruct hinder or prevent any Person or Persons authorized by such Warrant, or his or their assistant or assistants, from searching for or measuring any such Net or Nets, or from seizing or conveying away the same, in manner herein directed, or from entering such Boat or Vessel, or otherwise from the due execution of such Warrant, then and in every such case, every such Person shall forfeit and pay any sum not exceeding

And be it further Enacted, That if any Person or Persons shall at any time after the day of

sell, offer or expose to sale, or exchange for any goods, matter or thing, within such limits as aforesaid, any Fish, that is to say, Brett or Turbot, Brill or Pearl, Codling, Whiting, Mullet, Bass, Sole, Flounders, Dabs or Plaice, which shall not be of the several lengths or sizes following, from the eye to the utmost extent of the tail, that is to say, every Brill or Turbot,

inches; inches; every

inches;

inches; every Flounder

8

9

ΤΟ

inches; every Plaice

inches; every Dab
inches; all and every
Person or Persons so offending, shall for every such offence not only
forfeit all such Fish respectively, less than such respective sizes as
aforesaid, so sold, offered or exposed to sale or exchange as aforesaid,
to the Poor of the parish or place where such offence shall be com-
mitted, but shall also forfeit and pay any sum not exceeding
Shillings for every such unsizeable Fish

so sold, or offered or exposed to sale or exchange as aforesaid.

And be it further Enacted, That if any Person or Persons, shall, Penalty on within the limits aforesaid, from and after

next after the passing of this Act, wilfully and maliciously loosen, cut, injure or destroy any Cable, Hawser, Rope, Chain, or other matter or thing, by which any Fishing Boat or Vessel or Net shall be moored or fastened, or Line set with Hooks for the purpose of catching Fish, or any Buoy or Buoy Rope respectively thereunto belonging, or any Net, Basket or Lobster Pot, set or to be set for the purpose of catching or storing Lobsters, Crabs, Prawns or other Fish, or the Buoys or Buoy Ropes respectively thereunto belonging, or shall take away, injure or destroy the Bait upon such Hooks, or in such Nets, Basket or Pot, so set respectively, so as that any such Boat or Vessel, Net, Line, Buoy or Buoy Rope, Basket or Lobster Pot, shall be set loose or adrift; or if any Person or Persons shall be aiding or abetting therein, then and in every such case every such Person shall forfeit and pay for every such offence, any sum not exceeding

AND whereas evil disposed Persons pull up and take and carry away the Lobsters, Crabs, Prawns, and Fish, out of the catching Pots, Baskets or Nets, before the same are secured by the owners of such catching Pots, Baskets and Nets: FOR the Prevention whereof, BE it 11 further Enacted, That if any Person or Persons shall, after the

next after the passing of this Act, take or carry away, out of or from any catching Pot, Basket or Net, set and employed for the purpose of catching Lobsters, Crabs, Prawns or other Fish, any Lobster or Lobsters, Crab or Crabs, Prawn or Prawns, or other Fish, of what value or kind soever, not being the owner or owners of such catching Pot, Basket or Net, or acting by or under his or their direction or authority, then and in every such case, every such Person so offending shall forfeit and pay for every such offence, any sum not exceeding over and above and in addition to the value of the Lobster or Lobsters, Crab or Crabs, or other Fish, taken or carried away; such value to be ascertained and settled by the Justice before whom the offender or offenders shall be convicted; and in case the same shall not be forthwith paid, together with the Penalty on conviction, the same shall and may be recovered in such and the like manner as any Penalty can or may be recovered by virtue of this Act.

128.

B

AND

Persons cuting or injuring, &c. the ser, &c. of Fishing Boats.

Cable, Haw

Penalty on

Persons carrying away Lobsters and other

Shell Fish out

of the Catching Pots, before the same

are secured.