Charles II, 1677 & 1678: An Act for Preservation of Fishing in the River of Seaverne.

Fishing in the River Severn contrary, to Stat. 1.Eliz. c. 17. or with Net of undue Mesh; or fishing with more than One Net at a Time; or taking Fry of Eels; Penalty £5.

Watering Hemp or Flax in the said River; Penalty £5.

For Preservation of the Fishing in the River of Severne in the Countyes of Worcester Salop and Gloucester and for the Preventing of severall abuses lately practised by diverse persons fishing in the said River tending to the destruction of the common Piscary especially of the Spawne Fry and young breed of Fish in the said River Bee it enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by the Authority of the same That if any person or persons whatsoever (fn. 1) from and after the First day of August next shall in the said River of Severne fish with any Nett Device or Engine or make use of any Nett Weare Speare or other Engine or Device whatsoever whereby any Salmon Trout Pike or Barbell under the length appointed by the Statute made in the First yeare of the Raigne of our late Soveraigne Lady Queene Elizabeth shall be taken or killed or if any person or persons whatsoever shall from and after the said First day of August within the said River fish with any Nett whatsoever for the takeing of Salmon Salmon Mart Salmon Peale Pike Carpe Trout Barbell Chub or Grayling the Mesh whereof shall be under two inches and a halfe square by the Standard and not extended that is to say two inches and a halfe square from knot to knot allowing to each Mesh fower knots or which shall be above Twenty yards in length and two yards in breadth or depth or above Fifty yards in length and six yards in breadth or depth in the wing of the Nett in any part of the said River of Severne from Riple-Lockestacke on the edge of the said County of Worcester to Gloucester Bridge which is upon the said River of Severn or above Sixty yards in length in any part of the [said (fn. 1) ] River of Severn below Gloucester Bridge and Six yards in breadth or depth in the wing of the Nett or shall fish with more then one of those Netts at any one time (that is to say) with two or more fixed together or with any Drag Nett, Tramell or any other Nett fixed to the same or shall use any Nett Engine Instrument or Device whatsoever for the takeing of the Fry of Keles commonly called Elvers Every such person offending as aforesaid shall forfeite the summe of Five pounds for every time that he or they shall fish with any of the said unlawfull Netts Instruments Devices or Engines and alsoe the Fish soe taken or killed together with the said unlawfull Netts Engines Devices and Instruments whatsoever they be wherewith' or whereby such offences shall be made committed or done and alsoe shall forfeite the like summe of Five pounds for every time that he or they shall water any manner of Hemp or Flax in the said River

II. Persons, during the Spawning of Fish, laying Nets, &c. in the Fords, &c. of the said River, &c;

Penalty 40s.

And bee it further enacted by the Authoritie aforesaid That if any person or persons shall dureing the time of Spawning of Fish (to witt) betweene the First day of March and the last day of May draw or lay any kinde of Netts Instruments or Engines in the Fords Streames or Shallows of the said River where Fish doth usually spawne or shall doe or committ or cause to be done or committed any Act whatsoever whereby the Spawne or small Fry of Fish shall be taken killed or destroyed every such person or persons soe offending shall forfeite and lose the summe of Forty shillings for every offence and the Netts Instruments or other Engines soe used placed or imployed for the purposes aforesaid.

III. Justices of Peace in Worcester, Salop, and Gloucester, to be Conservators, with Power to make Under Conservators.

Warrants to Under Conservators, &c. to search suspected Houses, &c. for Nets, &c. and seize them, such Nets to be burnt, &c.

And to the intent that a perfect execution may be had of this present Act bee it enacted by the Authoritie aforesaid That the Justices of the Peace within the said respective Countyes of Worcester Salop and Gloucester wherein they shall be Justices shall be and are hereby appointed Conservators of the said River and to make one or more Under Conservators within their respective limitts and that the said Justices of the Peace shall issue forth their Warrants under the hands and seales of any two of them directed to such Under Conservator or Conservators or to any Constable Tythingman or Headburrough where any such offence shall be committed upon their owne knowledge or information to them given to search in the day time in all suspected Houses and places for all such Netts Instruments Devices and other Engines and the same to seize and bring before the said Justices or in their open Quarter Sessions that the said unlawfull Netts Instruments Devices and Engines may upon the view thereof be burnt destroyed or made uselesse.

IV. No Conviction but by Information, &c. before Justices of Assize, &c. or General Sessions.

Conviction, Court to award Execution for Penalties.

Provided alwayes That noe person or persons offending as aforesaid shall be punished for any of the offences aforesaid unlesse by Information or Indictment before His Majestyes Justices of Assize and Nisi Prius Oyer and Terminer and Generall Goall Delivery or in the Generall Sessions of the Peace to be holden for the said Countyes respectively wherein the same shall be committed And upon conviction of any person or persons for any of the offences aforesaid the said respective Courts shall award Execution for the said Forfeitures the one Moyety thereof to the use and benefitt of the Poore of the Parish where the said offence shall be committed and the other Moyety to such person or persons as shall prosecute the same by Fieri facias or Capias ad satisfaciend? as the Kings Majestyes Justices at Westminster may and use to doe.

V. Proviso for Jurisdiction of Lords of Leet and Franchises.

Provided alsoe That this present Act or any thing herein contained doe not extend to abridge the Jurisdiction of the Lords of Leets or Franchises within their respective Leets and Franchises but that they may proceede to enquire heare and determine any the offences aforesaid within their respective Leets and Franchises as formerly they have lawfully used to doe.

VI. General Saving.

Saveing alwayes unto our Soveraigne Lord the King His Heires and Successors and to all and every person and persons whatsoever all Rights Titles and Interests whatsoever that they either have or may lawfully claime in the said River as if this Act had never beene made.

ITEM quæda[m] Petitiones privatas personas concernentes (in se forma Actus continentes) exhibite fuerunt pp[re]dicto Domino Regi in Parliamento pp[re]dicto quar? Tituli subscribuntur vizt

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