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ANGLING.

Col. Thorn

passes through each ring of the rod, and is then
joined to the gymp, or wire, to which the hook, or
hooks, are suspended. Two large hooks are used,
about the size adapted to perch-fishing, which are
placed back to back. There is also a little chain,
which hangs between the two hooks, and at the end
of this chain is a leaden plummet, sewn, or fastened
in some secure way, into the mouth of a dead fish, and
the hooks are left exposed on the outside. The bait,
when it is thus fastened, is constantly moved about in
the water; that, by the continuance and variety of its
movements (being sometimes raised, and sometimes
kept sinking), now going with the stream, now against
it, the resemblance to life may appear more striking
and probable. The pike, if he be near, no sooner per-
ceives this bait, than he immediately darts at it with
velocity, supposing it to be a living fish, and drags it
with him to his hole, where, in about ten or twelve
minutes, he voraciously devours it, and implants the
two hooks in his body. When he is thus secured, you
must allow him ample time to fatigue and weary him-
self, then drag him slowly and carefully to shore, and
Iand him with your net, being cautious of his bite.

The third mode, by which pike are occasionally
caught, is by the trimmer, a small wooden cylin-
der, round which, about the middle, in a smaller
diameter, 20 or 30 yards of strong platted silk, or
packthread, are wound. A yard, or perhaps more, as
occasion suits, is suffered to hang down in the water,
tied to the armed wire of a hook, constructed for the
purpose, and baited with a living fish, commonly a roach.
The trimmer is now permitted to gowherever the current
drives it, and the angler silently follows, until a fish has
poached the bait, when he comes up and secures his
prey, and retires with it to the reeds, near the shore.

Colonel Thornton, of sporting notoriety, has sugton's mode. gested a new method of fishing for pike, by the aid, as he terms them, of fox-hounds. The colonel's method is, however, but an improvement of the use of trimmers; and, as we understand he has found these projects extremely successful, we shall subjoin an account of them, in his own words. "In order," says he, "to describe this mode of fishing, it may be necessary to observe, that I make use of pieces of cork of a conical form, all differently painted, and named after favourite hounds. The mode of baiting them is by placing a live bait, which hangs at the end of a line of one yard and a half long, fastened only so slightly, that, on the pike's striking, two or three yards more run off, to enable him to gorge his bait. If more line is used, it will prevent the sport that attends his diving, and carrying under water the hound, which being thus pursued in a boat down the wind (the course they always take), affords very excellent amusement; and where pike, or large perch, or even trout, are in plenty, before the hunters (if I may so term these fishes) have run down the first pike, others are seen coming towards them, with a velocity proportionable to the fish that is at them." Whatever fish are made use of in catching pike, they should be fresh, and preserved in a tinkettle, the water of which, if changed frequently, will considerably improve them.

It may be noted in this place, that pike are denominated jack, until they have attained the length of 24 inches; their usual haunts are shady, still, unfrequented waters, near which are dark over-hanging

are

GLING.

boughs, and abundance of weeds; they are also to be AN-
met with in standing waters or ditches, which
partly overspread with that green slimy substance,
which is better known by the name of duck-weed. In
such places he is sometimes discovered at the top,
and occasionally in the middle of the water; but in
cold weather he is almost always at the bottom.
Numerous and almost incredible instances are given of
his voracity, by Walton. He says, " that a pike will
devour a fish of his own kind, that shall be bigger than
his belly or throat will receive, and swallow a part of
him, and let the other part remain in his mouth till the
swallowed part be digested, and then swallow that
other part that was in his mouth, and so put it over
by degrees!”

The POPE, or RUFF, is a fish very similar in its nature Ruff.
and appearance to the perch; and is frequently caught
when fishing for the latter. They spawn in March and
April, and are taken with a brandling, gentles, or cad-
dis. They are extremely voracious in their disposition,
and will devour a minnow, which is almost as big as
themselves. In their favourite haunts of gentle deep
streams, overhung by trees, they swim in shoals to-
gether; and you may fish for them either at the top
or the bottom of the water, as they are known to bite
in almost any weather, and in any situation. Their
average length is from six to seven inches.

ROACH are frequently taken with flies under water. Roach They will bite at all the baits which are prepared for chub or dace, and are considered a simple and foolish fish. They spawn in May, and turn red when boiled. The compactness of their flesh gave rise to the proverb, "Sound as a roach." The roach haunts shallow and gentle streams, and the mouths of small streams which run into larger ones. In angling for roach, the tackle must be strong, and the float large and well leaded.

The RUD, or FINSCALE, is a very scarce fish, found Rod, only in the river Charwell, in Oxfordshire, and a few of Fisad the lakes of Lincolnshire and Yorkshire. It sheds its spawn in April, will take all kinds of worms, and will rise at an artificial fly. Its colour is a kind of yellowish brown, and its average length from nine to 15 inches.

SALMON are accustomed to quit the fresh waters, and Salmon. retire into the sea at the approach of winter, which, at the commencement of April, they usually leave for rivers; but the Wye and Usk in Monmouthshire, and the Exe in Devonshire, have them in season during the six wintry months. The finest species are caught in the Exe, Thames, and Tamar; but not so abundantly as in many other places. Salmon prefer more chilly streams, and are consequently found in greater numbers northward, in the rivers of Scotland, particularly in the Tweed, the Tyne, the Clyde, and the Tay. In the latter, they occasionally occur at the immense weight of 70 pounds; and in the Tweed, and Clyde, at about 50 or 60 pounds weight. They are also found in all the great streams of Europe N. of 51°, and in the United States of America N. of 41°. Some recent accounts of the N.W. coast of America, describe them also as abounding there. In the American rivers, they seldom exceed from 15 to 20 pounds weight.

They appear some time in the rivers before they are in a healthy state; and the best season for the angler to commence his operations, is, in the close of the month of May, or the early part of June. The usual

ANGLING.

Vivifica

tion.

time for the salmon to deposit their spawn, is, from the 1st of September to the latter end of October, when they grow very sickly both in appearance and flavour. Spawning Previous to this, they generally retire to brooks which of salmon. branch out irregularly from the main river, or remain in shallows, where they sometimes are scarcely covered with water. Here they fabricate a kind of trough, in the gravel, as a depository for the eggs of the female, over which the male sheds a fluid of a white appearance. On the completion of this task, the male and female unite to cover the whole with gravel, and conceal it with the greatest industry. The male is so diligent in accomplishing his share of the formation and subsequent concealment of the trough, that he frequently fatigues himself to death; and is always much longer in recovering his original state of health than the female. The vivification of the secreted spawn usually occurs about the commencement of April, when the sun has acquired sufficient strength to warm the bottom parts of the shoals in which it is deposited. It takes place with considerable rapidity; and, when the shoals are swelled by the spring floods, the young fry intuitively (or, probably, from an inability to withstand the force of the torrents) hurry downward to the sea. In turning to the course of the summer, generally during the months of July and August, they return to the same rivers which they left in the spring, and continue until the commencement of December, when they revisit the sea; and, upon their return to the fresh waters after their last emigration, they attain the size, appearance, and flavour of genuine salmon. It appears, that these fish are forced from their salt-water residence by an insect, which adheres closely to their body (called, by fishermen, the sea-louse), and which gradually drops off on their return to the rivers. It is, also, exceedingly remarkable, that they rarely or never forsake their parent streams.

Time of re

rivers.

From this period, salmon are subject to a gradual decline of their strength, health, and appearance. Their heads grow very large; their skin acquires a dirty colour, widely different from the silvery appearance which pervaded them on their first entrance into the rivers; their flesh is loose and insipid; their scales look as if they had been almost rubbed off; and their gills are dreadfully infested by the lionea salhotten sal- monea. In this state they are called shotten salmon. On their departure for the sea, their debility is so excessive, that they make frequent stops, in still waters, during their passage, and are a long time in reaching the object of their destination. The male shoots out a gristly excrescence from the lower jaw, which sometimes penetrates through the upper, and resembles the beak of a bird.

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abits and

Salmon are greatly delighted with rivers which take position. their rise in mountainous districts, and a deep gravelly bottom, which is totally clear of any kind of slime or filth, that may impregnate the water, and sully its crystal clearness. They also, uniformly avoid streams which flow upon ore, or amongst calcareous formations of any kind. In summer, when the warmth is most intense, they occasionally seek the shelter of trees and other shrubs, but rarely continue long under their protection. They appear remarkably sensible of the vicissitudes of the weather; and are frequently observed to leap about, as if rejoicing in the prospect of an approaching shower. To thunder-storms, how

AN

ever, they have a great antipathy; every peal appears to affect them, and induces them to seek a closer GLING. shelter at the bottom of the rivers. During their residence in fresh water, it is a well-authenticated circumstance, that they always lie with their heads pointing up the river; and never swim down the stream, unless during the period of their emigration to the sea, or when their position is molested.

This "dainty and wholesome fish," says old Fuller, "is a double riddle in nature: first, for its invisible feeding, no man alive having ever found any meat in the maw thereof: secondly, for its strange leaping, or flying rather, so that some will have them termed salmons, à saliendo. Being both bow and arrow, it will shoot itself out of the water an incredible height and length." Some few instances, however, have been related, of sprats, and other small fish, having been discovered in their stomachs during their residence in the sea, or when they have been caught on friths or headlands. The salmon leap is, indeed, an extraordinary exertion. Salmon Erecting themselves on their fins, as if to survey the leaps. obstacle before them fully, these fish will crowd to the bottom of a fall of 10 or 12 feet perpendicular, and, taking advantage of the first flood or flush of water that will assist them, they spring up the precipice with the greatest confidence; and, though frequently unsuccessful in a first attempt, renew it with ardour, until they have reached the summit. There is a cataract in Scotland, on the river Erich, called the Keith, of 13 feet fall, where the whole stream enters through a cleft of a few feet broad, which the salmon uniformly leap. Drayton, in his Sixth Song of the Polyolbion, thus describes another, on the Tivy, Pembrokeshire :

When as the salmon seeks a fresher stream to find (Which hither, from the sea, comes yearly by his kind, As he in season grows), and stems the watery tract, Where Tivy falling down doth make a cataract, Forc'd by the rising rocks that there her course oppose, As though within their bounds they meant her to inclose; Here when the labouring fish doth at the foot arrive, And finds that by his strength but vainly he doth strive, His tail takes in his teeth; and, bending like a bow That's to the compass drawn, aloft himself doth throw, Then springing at his height, as doth a little wand, That, bended end to end, and flirted from the hand, Far off itself doth cast; so doth the salmon vaut, And if at first he fail, his second somersaut He instantly assays; and, from his nimble ring Still yerting, never leaves until himself he fling Above the streamful top of the surrounded heap. Having thus briefly premised the general character, Artificial size, haunts, &c. of the salmon, we must proceed to fly fishing the artifices best adapted for his capture; and the primary and most important articles with which the angler for salmon should be provided are rods, reels, and artificial flies, a bait to which the salmon is much attached.

The length of the rod should be from about 17 to 20 feet, which, however, can be regulated according to the breadth and general size of the river in which the angler pursues his operations. The reel, which, on these occasions, forms the most material appendage to the rod, is made of brass; it should be constructed with the utmost nicety, and capable of the swiftest circumvolutions. The line, which is fastened to the reel, may be composed either of strong silk or twisted horse-hair, gradually diminishing at the top, and having a loop at the end of the wheel, and another at the cast lines, to fasten them to each other. Let this last line

for salmon.

ANGLING.

the line.

be very carefully twisted with the fingers, and shorter than the rod, so that none of the knots may come within the top ring; sixteen to twenty horse-hairs may be used in the upper links, but they must be diminished toward the hook, where they are best made of three small round twisted silk-worm guts, or a few strong horse-hairs. Of flies, the natural ones recommended in the tables have been used with great success. The artificial ones should be generally of large dimensions, and of a gaudy and glittering colour. The materials that compose them are hairs, furs, and wools, of every variety that can be collected, mingled with the tail-feathers of cocks and game, and secured together by plated wire, or gold and silver thread, marking silk, shoemakers' wax, bees' wax, &c. Their wings may be made of the feathers of domestic fowls, or any others of a showy colour. Imitate principally the natural flies recommended; but you may safely indulge your fancy, rather than depart without a bite; for many anglers succeed with the most monstrous and capricious baits of this kind.

A raw cockle, or muscle, taken out of the shell, prawns, and minnows, have also been recommended as salmon baits. The mode of angling with these is to drop the line, which must be totally unincumbered with shot, into some shallow which approximates to the edge of a hole of considerable depth, and in this situation to suffer it to be carried in by the current.

Difficulty in The noviciate in angling will, at first, experience throwing considerable difficulty in throwing his line to any great extent. For this we can give no recipe, but a most inflexible determination to proceed, and the most consummate patience in disappointment. It should always be thrown across the river, and on the off side from the spot where you expect the fish to rise. When you imagine that the salmon has been struck, be cautious in giving him time sufficient to enable him to poach his bait, that is, to swallow it fairly and securely. After this, fix the hook firmly in him, by a gentle twitch. On the first sensation of this pain, the salmon will plunge and spring with great violence, and use every endeavour of strength and cunning to effect his escape. He will then, perhaps, run away with a considerable length of line, which is to be kept in a gently relaxed situation, so that it may always yield with facility to his obstinate resistance: nor can you give him too much line, if you do but clear it of weeds and encumbrances. If he now become sullen and quiet in the water, rouse him gently, by flinging in a few stones; and when he once more commences resistance, do not be too eager in checking his career, but let him gradually exhaust himself of his strength; follow him down the stream, or allow him to cross it; while, at every opportunity, you keep winding up your line until you approach him in this wearied state, and take him softly by the gills out of the water. The salmon peal may be caught in the same manner; he is smaller than the salmon, and seldom exceeds 14 or 15 inches in length.

Mode of trolling.

Salmon peal.

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re

paternoster line, or one that is armed with many ANhooks, at a small distance from each other. A GLING. markable abundance of smelts occurred in the Thames, in the year 1720, according to the editor of Walton (Baxter's edit. 1815), at which time women and children lined the banks to angle for them, between London and Greenwich.

The STICKLEBACK is a small prickly fish, that serves Sticklewell as baits when the prickles are cut off. It spawns in back. May, on aquatic plants, and is found in rivers, ponds, and ditches. Trout and pike will rise eagerly at them, and this is the only purpose for which they are caught. TENCI, like the carp, are generally considered pond Tench. fish, although they have been frequently caught in the river Stour. They shed their spawn about the commencement of July, and are in season from September to the latter end of May. They will bite very freely during the sultry months. Their haunts are similar to those of the carp; except that they frequent the foulest and muddiest bottoms, where they may shelter themselves among an infinite quantity of reeds; hence you must angle for them very near the bottom, and allow them sufficient time to gorge the bait. Use strong tackle, and a goose quill float without a cork. The general length of the tench is from 12 to 14 inches; though some have been occasionally caught which weighed upwards of 10 pounds; such occurrences, however, are very rare.

TROUT are considered as one of the finest river fish Trout. that this country can produce. Its colours are beautifully varied at different seasons of the year, and according to the rivers it frequents. They abound in the generality of our streams, rivers, and lakes, and are usually angled for with an artificial fly. Their weight also differs from half a pound to three; some few have been caught which weighed upwards of four pounds. Trout are extremely voracious; and, by their activity and eagerness, afford famous diversion to the angler. They are remarkable for coming to their size Sudden quicker than any other fish, though they fatten slow; growth. as also for being very short lived. They die when taken out of water sooner than any other with which we are acquainted. Previous to their spawning, they are observed to force a passage through weirs and floodgates against the stream; and how they are enabled to overcome some of these impediments, is a subject of much conjecture. Their general time of shedding their spawn is about October or November; in some rivers, however, it is much sooner, in others later. They are also met with in eddies, where they remain concealed from observation behind a stone, or log, or a bank that projects into the stream; during the latter part of the summer, they are frequently caught in a mill-tail, and sometimes under the hollow of a bank, or the roots of a tree.

In some of the lakes of Ireland trout, of a large size have been occasionally caught. Gainsford, in "The glory of England," 1695, as quoted in the notes of Walton, mentions one of marvellous size. "These lakes" (the Irish ones) "nature hath appointed instead of rivers, and stowed with fish, especially trout and pike, of such strange proportion, that if I should tell you of a trout taken up at Tyrone, 46 inches long, and presented to the Lord Mountjoy, then deputy, you would demand whether I was oculatus testis, and I answer, I eat my part of it, and as I take it, both my

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AN- Lord Danvers and Sir William Godolphin, were at the GLING. table; and worthy Sir Josias Bodley, hath the portraiture depicted in plano."

Modes of

out.

In angling for trout, there are many things worthy agling for of particular observation: 1st. That the day on which the sport is undertaken, be a little windy, or partially overcast, and the south wind is superior to all others if it do not too much disturb your tackle. 2d. The sportsman should remain as far as possible from the stream, fish it downwards, the line never touching the water, as the agitation proceeding from the fall might disturb the fish, and preclude all possibility of capturing them. 3d. Clear streams are famous for sport, and in fishing in them, a small fly with slender wings must be attached to the hook. When the water is thick, and the sight more imperfect from this disadvantage, a larger species of bait must of necessity be used. 4th. The line should, on an average, be about twice as long as the rod, unless in cases of emergency, when the number and variety of trees exclude the probability of a successful throw, if at any distance. 5th. Let the fly be made to suit the season. After a shower, when the water becomes of a brown appearance, the most killing bait is the orange fly; in a clear day, the light coloured fly; and on a gloomy day, in overshadowed streams, a dark fly. It is hardly necessary to add, that the angler, particularly in fly-fishing for trout, cannot be too quick in perception, or too active in striking on the first rise of the fish.

top

The trout may be caught at the top, the middle, or wa the bottom of the water. In angling for him at the top with a natural fly, use the green drake and the stone fly; but these two only during the months of May and June. The mode of fishing in this way is called dipping, and is thus performed. If there be little or no wind to disturb your tackle, and agitate the surface of the stream, make use of a line half the length of the rod. If there be a wind, increase the length of the line by one half. Let the line fly up or down the river, according to the direction of the wind, and when you are aware of the rise of a fish, guide the fly over him, as in case of striking him. You have no length of line with which to weary him; the capture must be effected by main force; and if the tackle is sufficiently strong to resist the struggles of the fish, the angler, after a short contest, may insure himself a triumph. The precautions necessary in artificial fly-fishing, have been sufficiently stated above.

::

ANGLING.

with a

worm or

caddis.

tail be moved 'a little to the right or the left, as occasion
shall direct; which process, by inlaying the orifice made
in the body of the minnow, will greatly facilitate its
movements. Some have preferred the loach as a bait,
to the minnow; by those who are nice in these matters,
the same precautions in attaching it should be scrupu-
lously observed. In angling with a worm or caddis, a Angling at
cork float and the finest kind of tackle must necessarily mid-water
be made use of, as the success of the young practi-
tioner in this enchanting amusement, will greatly de-
pend on his choice of articles. In muddy waters the
lob-worm is considered the best bait; in clear streams,
the brandling the first is generally used for large
trout; the second, where smaller ones are expected.
There are two methods of angling at bottom, either At bottom,
with a cork, or any other kind of float, or with the hand, with ground
The best way of angling with the hand, is by means of baits.
a ground bait, and a long line, which should have no
more than one hair next the hook, and just above it
one small spot for a plumb; the hook should be small,
and the brandling well secured, and only one fastened
on at a time; this worm must always be kept in motion,
and drawn towards the person who is fishing.
best mode of angling at bottom, with a float, is with a caddis.
caddis, which may be put upon the hook two or three
at the same time; the caddis is sometimes advantage-
ously joined to the worm, and occasionally even to an
artificial fly, which should be placed upon the hook, so
as merely to cover its point; the finest kind of tackle
must be used in this experiment, and it is generally
reputed a very killing bait, for either trout or grayling,
at all seasons of the year. It is moreover a very com-
mon method to angle with a caddis at the top of the
water. The caddis may be easily imitated by forming
the head of the insect of black silk, and the body of
yellow chamois leather. It must be remarked, however,
that the trout will seldom or never rise at a caddis,
when the stream is impregnated with mud.

The With a

Our object in these miscellaneous observations on the habits and history of the several fish usually caught in angling, has been to consult the practical convenience of the sportsman, by embodying the most useful information on every topic connected with his pursuits. For more detailed and scientific accounts of these fish, we refer our reader to Ichthyology, as a branch of ZOOLOGY, Div. ii.

We find Angling protected by statute, as early as by an act of the third year of the reign of Edward I. in which imprisonment, and treble damages were Trout-angling, at mid-water, is effected by means of a awarded, against all trespasses on the rights of the small minnow, or with a caddis, grub, or any other spe- authorised fisher. Of the numerous statutes in subcies of worm. In angling with a minnow, the moderately sequent reigns, which relate to these rights, the folsized, and whitest ones, will be found to be the most kill-lowing may be found a useful abridgment: ing bait. It should be placed upon a large hook, to enable it to turn about when drawn against the stream; consequently the hook should be inserted in the mouth, and drawn out of the gills, or perhaps three or four inches beyond it would be necessary. It should be again drawn through the mouth with the point to the tail of the minnow; this finished, the hook and tail should be tied neatly together, by which means the evolutions of the bait will be more effectually, and at the same time more naturally performed. The slack of the line should then be pulled back, so that the body shall be nearly straight on the hook. If the minnow do not turn nimbly enough for your purpose, let the

By the 31st Henry VIII. c. ii. s. 2. If any evil-disposed persons shall fish in the day-time, from six in the morning till six in the evening, in any ponds, stews, or moats, with nets, hooks, or bait, against the will of the owners, they shall on conviction thereof, at the suit of the king, or the party aggrieved, suffer imprisonment for the space of three months, and find security for their good behaviour.

By the 5th Elizabeth, c. xxi. s. 2, it is enacted, If any person shall unlawfully break or destroy any head or dam of a fish-pond, or shall wrongfully fish therein, with intent to take or kill fish, he shall, on conviction at the assizes or sessions, at the suit of the king, or the

AN- party injured, be imprisoned three months, and pay GLING. treble damages; and after the expiration of the said three months, shall find sureties for good behaviour for seven years to come.

By the 22d and 23d Charles II. c. xxv. s. 7, it is enacted, That if any person shall, at any time, use any casting-net, drag-net, shove-net, or other net whatever; or any angle, hair, noose, troll, or spear; or shall lay any wears, pots, nets, fish-hooks, or other engines; or shall take any fish by any means whatsoever, in any river, stew, moat, pond, or other water, or shall be aiding thereunto, without the consent of the owner of the water, and be convicted thereof, within one month after the offence committed, such offender shall give to the party injured such satisfaction as a justice shall appoint, not exceeding treble damages; and pay the overseers of the poor such sum, not exceeding 10s., as the justice shall think fit in default of payment, the said penalties to be levied by distress; or the offender to be committed to the house of correction, for a term not exceeding one month, unless he enter into a bond, with surety, in a sum not exceeding 10l. never to offend in like manner. Justices are also authorised to destroy all such articles as before recited and adapted to the taking of fish, as may be found in the possession of offenders when taken. Persons aggrieved may appeal to the quarter sessions, whose judgment shall

be final.

And by the 4th and 5th William and Mary, it is enacted, That no person (except makers and sellers of nets, owners of a river or fishery, authorised fishermen and their apprentices) shall keep any net, angle, leap, pike, or other engine for taking of fish. The proprietor of any river or fishery, or persons by them authorised, may seize, and keep to his own use, any engine which shall be found in the custody of any person fishing in any river or fishery, without the consent of the owner or occupier. And such owner, occupier, or person authorised by either, sanctioned by the consent of any justice, in the day-time, may search the houses or other places of any unqualified person, who shall be suspected of having such nets, or other engines, in his possession, and the same to seize and keep to their own use, or cut in pieces and destroy.

Stealing fish in disguise is made felony by the 9th George I. c. xxii. If any person armed and disguised, shall unlawfully steal, or take away, any fish, out of any river or pond (whether armed or not), shall unlawfully and maliciously break down the head or

AN

mound of any fish-pond, whereby the fish shall be lost and destroyed, or shall rescue any person in custody GLING. for any such offence, or procure any other to join him therein, he shall be guilty of felony without benefit of clergy. This (commonly called the Black Act) is made perpetual by 31st Geo. II. c. xlii.

By the 5th Geo. III. c. xiv. s. 1, it is enacted, That if any person shall enter into any park or paddock enclosed, or into any garden, orchard, or yard, belonging to, or adjoining to, any dwelling-house, wherein shall be any river, pond, moat, or other water, and, by any means whatsoever (without the consent of the owner) steal, kill, or destroy, any fish, bred, kept, or preserved therein, or shall be assisting there. in, or shall receive or buy any such fish, knowing them to be such, shall, upon conviction, be transported for seven years. Persons making confession of such of fence, and giving evidence against an accomplice, who, in pursuance thereof, shall be convicted, will be entitled to a free pardon.

And by the same act, s. 3, it is provided, That if any person shall take, kill, or destroy, or attempt to take, kill, or destroy, any fish in any river or stream, pool, pond, or other water (not being in any park or paddock enclosed, or in any garden, orchard, or yard, belonging or adjoining to a dwelling-house, but in any other enclosed ground, being private property), such person, being thereof convicted by confession, or the oath of one witness before a justice, shall forfeit five pounds to the owner of the fishery of such river or other water; and in default thereof, shall be committed to the house of correction for a time not exceeding six months.

By the 1st Eliz. c. xvii. all fishermen are forbidden to destroy the fry of fish, small salmon, and trout, under a penalty of 20s., and by the 4th and 5th Anne, for the protection of salmon in the counties of Southampton and Wilts, no salmon shall be taken between the 1st of August and 12th of November. Statutes of George I. and II. forbid the same fish to be taken in the rivers Severn, Wye, Ware, Ouse, &c. under 18 inches long. It is held, that where the Lord of the Manor has the soil on both sides of a river, as in the case of the Severn, the right of fishing goes with it; and he, who intrudes thereon, must prove his claim of a free fishery; but when the tide ebbs and flows, and the river is an arm of the sea, as in the case of the Thames, the right is presumed to be common, and he who claims a privilege must prove it.

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