POACHING Frau. The law of fisheries is not uniform in the 'United Kingdom. in England the general rule is that any one of the public may fish freely in the sea and in all navigable rivers; and where he can fish he can catch salmon as well as every other kind of fish. Dnt there is an ex ception to this general rule. which consists in this, that as the Crown could before Magna Charta (which took away such right) legally grant a several or exclusive fishery in the sea or navigable river to an individual, and as this was. in point of fact, often granted, it follows that it is not uncommon to find, even at the present day. an individual, generally the lord of an adjacent manor, still claiming a several fishery in these places. If he can prove that lie has exercised this exclusive right as far back as one or two centu ries, it will be inferred that his right dates from before Magna Charta, and therefore will be legal. When such is the case the public have no right to fish even in a navigable river or the sea at the specified places. the sole fishery being vested in this individual owner. In streams not navigable the rule is that each riparian owner—i.e. the owner of the lands on the bank of time stream—has a right to a several or exclusive fishery up to the middle line of the stream. If lie is owner on both sides of the stream. then be has the exclusive fishery in the whole of the stream. so far as his lands extend. As to ponds, whoever is owner of the soil is the owner of a several fishery there, miles• he has let it to another. As to lakes, it i.s not clearly ascertained him the fishery is to be V 111411 I/Pt WCCII the Ownt.r.i of the lands abutting thereon, hut much will depend on the title to the lands and the subsequent user. A. a general rule. there is no such thing as a right in the pub lic to fish anywhere except in a tidal river or the sea, and that is subject to the exception of an individual claiming a several fishery, as before mentioned. It is often supposed that, at all events. if a highway adjoins a private stream. any one may fish in the stream or angle there; but this i.s a delusion. Nobody is entitled to
use a highway for the collateral purpose of either or poaching. the use of the highway. so far as the piddle are concerned, being confined to the purposes of traveling or transport.
The general rule as to ill several—i.e. exclu sive—lisheries is that whoever goes and poaches the commit. an offense. for which lie may lie summoned before justices and tined £5 over and above the value of the fish taken: and if the fish ery where lie poaches is adjoining the thrilling house of the owner of the fishery it is a still higher offense, for it is then an indictable misde meanor. Whenever a fish-poacher is caught in the at of poaching, he may be at once appre hended. not only by the owner of the fishery, but by anybody; but this can only be done while lie is on the spot. or near it, for if he escape to the highway or to other lands before being arrested, he cannot then be apprehended, but can only be summoned before justices in the usual way. In this respect a privilege is given to anglers, for in no ease can these be arrested if angling during the daytime; they can only be summoned for the °dense. Though anybody may arrest the fish-poaeher. still it does not follow that the tish poached can be taken from the poacher: on the contrary, the rule is the same IS with reference to game. that whoever first catches the fish, whether legally or illegally, is entitled to keep it: and though game can on certain occasions be taken from the poacher, this is by reason of an express provision in the Act ; but there is no similar provision as to poached fish, so that the poacher. whatever other punishment he may in cur, does not lose his fish. With regard. however. to the poaching implements, such as nuts, it is provided by an express section of the Larceny Act, 1861 (24 and 25 Viet., e. 96, s. 25). that the owner of the fishery• or land where the poacher is caught, or his servant, may demand. and if refused. may seize, the net. rod. line. hook, or other implement used for taking the fish. lint no other person caul seize these.