A Treatise on the Game Laws, and on Fisheries

tainable at common law or by statute for such offences. When a quo warranto is sustainable. And the proceedings for the recovery of pecuniary penalties, either by action or by information in the Crown Office, or by information before a justice of the peace.

In considering the mode of proceeding by action, are stated the court in which it must be brought, the time within which it must be commenced, by and against whom, the declaration and pleadings, the evidence, trial, verdict, new trial, and costs.

In considering the mode of proceeding by information in the Crown Office, are stated the affidavit on which to found the information, the information itself, the process and arrest upon it, and the appearance and subsequent proceedings. In considering the course of proceeding by information before a magistrate, are fully stated all the statutes and decisions relating to, 1st, the time within which the information is to be exhibited; 2ndly, who may be the informer; 3dly, who may be prosecuted; 4thly, the information; 5thly, the summons of the offender; 6thly, his appearance or default, and the hearing of the complaint; 7thly, the witnesses and e dence; 8thly, the conviction, and all its requisites; 9thly, the execution and levying the penalty; 10thly, the appeal when given, and the recognizance thereon; 11thly, the certiorari and bond to prosecute it; and 12thly, the execution upon the appearance, and costs.

The ninth chapter relates to the private remedies either to prevent or punish trespasses in pursuit of game, notices not to trespass, costs, pleadings, &c.

The tenth chapter, which concludes the first part of the work, contains the regulations as to game certificates, and the decisions upon them.

PART II.

THE second part of the Digest contains the law relative to public and private Fisheries.

In the first chapter are considered the nature and different descriptions of public fisheries either in distant seas or in the British four seas and navigable rivers. The nature of the public right of fishing and its qualifications are investigated, all the regulations calculated to preserve and encourage fisheries in these waters are here collected, with the decisions upon them, as they relate to-1st, weirs and other obstructions; 2ndly, the taking spawn, fry, and young fish; 3rdly, the time of the year when fish may be taken; 4thly, the mode of taking them, and size of nets; 5thly, the importation, buying and selling of fish; and 6thly, the persons authorized to interfere to prevent the infraction of these provisions. The regulations relating to particular fisheries, as oyster fisheries; the Thames and Medway and Severn, and other rivers are also considered.

The second chapter of this part of the work
relates to private right of fishery, and to actions
for injuries thereto, and the pleadings therein.-
First is considered the places in which a private
right of fishery may exist either in the sea and
navigable rivers, in rivers not navigable, lakes,
ponds, &c. Secondly, are arranged all the sta-
tutes and decisions relating to the interest or
right in the fishery in their places, whether as
owner of the soil, of a several fishery, free fish-
ery, or common of fishery.

In the last chapter are fully considered the
criminal proceedings and penalties for injuries
to private fisheries, and the pleadings and con-
victions thereon.

The APPENDIX comprises all the Statutes on
the subject from Magna Charta and the Charta
Forestæ to the present time, and all the Cases
from the earliest period, and these are noticed
and digested in the Treatise, and referred to in
Index.

I cannot refrain from availing myself of this
opportunity to thank my Pupils for their very
kind and useful assistance in the irksome task of
collecting the ancient and modern decisions on
the subject, and in translating the former; and I
am particularly indebted to my friend and pupil,
Mr. John Blackburn, as well for the assistance
afforded by his clear and discriminating view of

every legal subject, as for his zealous and unre-

laxed attention to conduce to the improvement

of the work.

I have prepared a very comprehensive collection

of the forms of proceedings for offences relating

to the Game Laws and to Fisheries, to be adopted

by magistrates, and otherwise connected with

law proceedings, which might prevent the repe.

tition of questions on this subject. But I am

unwilling to encumber the purchasers of the

work with the expense of a third volume, till I

know their wishes upon the subject, and there-
fore for the present I forbear the publication of
such additional volume.