Owners, &c. of Fisheries,

may be Witnesses to prove

Offences.

Penalties may be sued for.

Form of
Conviction.

And be it further Enacted, That no Owner, Farmer or Occupier of, or any Person otherwise interested in any Fishery or Right of Fishing in any Arm of the Sea, River or other Water aforesaid, shall be deemed an incompetent Witness to prove any Offence or Offences done or committed against this Act, by reason of his or her being such 19 Owner, Farmer, or Occupier.

And be it further Enacted, That every pecuniary Penalty and Forfeiture imposed by this Act, may be recovered in a summary manner according to the provisions of this Act, or may be sued for and recovered, together with full Costs of Suit, by and to the only proper use and behoof of any Person who shall inform or sue for the same, in any of His Majesty's Courts of Record at Westminster, by Action of Debt, Bill, Plaint or Information, wherein no Essoign, Wager of Law, nor more than One Imparlance shall be allowed.

And be it further Enacted, That every Conviction of every Offender against this Act shall be certified by the Justice or Justices of the Peace by and before whom the same shall be made, to the General 20 Quarter Sessions of the Peace to be held in and for the County, Riding, Division, City or Place, where the Offender or Offenders shall be convicted, and shall there be filed amongst the Records of the said Sessions; and every Conviction shall be in the form of words, or to the following effect:

"BE it Remembered, That on the
" in the year

day of

A. B. was, upon the Complaint of C. D. convicted before me [or, us] E. F. One [or, Two] of His Majesty's Justices of the Peace [as the case "may be] for in pursuance of an Act made in "the Fifty-eighth year of the Reign of His Majesty King "GEORGE the Third, [insert the Title of the Act] for that the 21 "said [state the Offence] [and, if a case

"in which different Penalties are imposed for repeated Offences] this being the First Offence, Second or Third. "Offence [as the case may be] and I [or, we] do hereby

adjudge him [her or them] to pay and forfeit for the said "Offence the sum of of lawful

Money of Great Britain, together with the further sum of for Costs of Suit and Prosecution, to the 22 "said C. D. Given under my hand and seal, [or, our hands " and seals, as the case may be] at in the County

the day and year above written."

"of Which said Conviction and Adjudication shall be good and valid in Law to all intents and purposes, and shall not be quashed, set aside, or adjudged void or insufficient for want of Form only; and shall not be liable to be removed by Certiorari or otherwise into His Majesty's Court of King's Bench or any other of His Majesty's Courts of Record at Westminster, but shall be deemed and taken to be final to all intents and purposes whatsoever.

And

23

24

And be it further Enacted, That where any Offender shall be punished for any Offence by virtue of this Act, such Offender shall not again be prosecuted nor incur any Penalty by virtue of any other Law or Statute now in force, or be liable to any other Punishment for the same Offence.

Persons conthis Act, not to be proany other.

victed under

secuted under

And be it further Enacted, That every Person who shall think Appeal. himself or herself aggrieved by the Judgment of any Justice of the Peace or Magistrates, in any of the Cases aforesaid, may appeal to the Justices of the Peace for the County, Shire, Division, City or Place where such Judgment shall be given, at the then next or next but one General Quarter Sessions of the Peace; but that no such Appeal shall be received heard or determined, unless the Appellant or Appellants shall, within next after such Judgment, and

at the least before the holding of such Sessions, give and leave in writing, as well at the public Office of the Clerk of the Peace for such County, Shire, Division, City or Place where such Person or Persons shall be convicted, as to the Person or at the Dwelling House of the Informer or Prosecutor, of his her or their intention to bring such Appeal, and shall also enter into a Recognizance before such Justice or Justices, in such Sum as any such Justice or Justices of the Peace shall think fit, not exceeding

conditioned to try such Appeal, and likewise to pay the Costs of such Appeal, in case Judgment and Sentence shall upon the hearing thereof be given against the Appellant, within

next after the Determination thereof; and that the said Justices, at their said Session shall and may, upon due proof of such Notice given as aforesaid, hear and determine every such Appeal in a summary way, and shall award or order to the Party in whose behalf such Appeal shall be determined, such Costs and Charges as they in their discretion shall think reasonable and just to be paid by the Party or Parties against whom such Appeal shall be determined; and 25 in case such Costs and Charges shall not be paid within the space of next after the hearing and determining

of such Appeal, the same may be levied by Distress and Sale of the Goods and Chattels of the Person or Persons ordered to pay the same, or his or their Surety or Sureties, in the same manner and by the same means as all Distresses are ordered to be taken, under or by virtue of this Act.

Actions.

And be it further Enacted, That no Action of Law shall be brought Limitation of or commenced against any Person or Persons, for any thing done or to be done by virtue or in execution of this Act, until

after Notice thereof in writing shall have been given to the Person or Persons against whom such Action shall be intended to be brought, or left at his her or their last or usual Place or Places of Abode, setting forth the cause of such Action, and containing the Name and Place of Abode of the Plaintiff or Plaintiffs, and also of his or their At26 torney; and that every Action brought for any thing done or to be done as aforesaid, shall be brought within the space of

Rights of the City of London not to be

affected.

next after the Cause of Action or Complaint

shall arise, and shall be laid and sued in the County, Shire, Division,
City or Place where the Fact shall have been committed, and not else.
where; and the Defendant or Defendants therein may plead the
General Issue, and give this Act and the special Matter in Evidence
at any Trial to be had thereupon, and that the same was done
by virtue thereof; and also that it shall and may be lawful to
and for such Person or Persons at any time before Action
brought, to tender Amends to the Party complaining, or his or her
Agent or Attorney; and in case the same is not accepted, to plead
such Tender in bar to the Action, together with the Plea of Not
Guilty, and any other Plea, with the leave of the Court; and if on
the Trial of such Action, it shall appear that the same was brought
before the expiration of
next after such 27
Notice shall have been so given or left as aforesaid, or after the end of
next after the Cause thereof shall have arisen,

or if such Action shall have been brought or laid in any other County
or Place than as aforesaid, or after sufficient tender of Amends shall
have been made to the Party or Parties aggrieved, that then and in
any of the cases aforesaid, the Jury shall find a Verdict for and acquit
the Defendant or Defendants in such Action, or if the Plaintiff or
Plaintiffs shall discontinue the same, after the Defendant or Defendants
shall have appeared, or shall be nonsuited; and if upon Demurrer,
Judgment shall be given against the Plaintiff or Plaintiffs, the De-
fendant or Defendants in such Action shall have
Costs,

and have the like Remedies for recovering the same as Defendants
have for recovering their Costs in other Cases at Law; and that no
Action, Suit, Information or other Proceeding whatsoever shall be 28
brought or commenced against any Person or Persons for any Offence
or Offences against this Act, unless the same shall be laid or com-
menced within
next after any

such Offence or Offences shall have been committed.

Provided also, and it is hereby Enacted and Declared, That nothing in this Act contained shall extend or be construed to extend, to prejudice or derogate from the Rights, Interests, Privileges, Franchises or Authority of the Mayor and Commonalty and Citizens of the City of London, or their Successors, or the Lord Mayor of the said City for the time being, or to prohibit, defeat, alter, or diminish any power, authority, or jurisdiction, which at the time of making this Act, the Mayor and Commonalty and Citizens of the City of London, or the Lord Mayor of the said City for the time being, as Conservator of the River Thames and Waters of Medway, did or might lawfully claim, use, or exercise.