ILLINOIS
UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN
Production Note
Project Unica
Rare Book & Manuscript Library University of Illinois Library at Urbana-Champaign 2015
ANNO QUADRAGESIMO OCTAVO
GEORGI! Ili

CAP. CXLIV.
An A.& for the more effectual Protection ot Oyfter Fiih-eries and the Brood of Oyfters, in England.
[ad July 1808.]
WHEREAS an Act of Parliament palled in the 1 hirty-firft T ear
of the Reign of His prefent Majefty, intituled, An Aä for 31G.3-c.5t, better proteäing thefeveral Oyßer Fißeries within tbh Kingdom.:
And whereas the Provifions of the faid Act have been found inadequate
to the Prote&ion of the Oyfter Filheries of this Kingdom : And whereas
Doubts have arifen, fince the palling of the faid Aft, whether the taking
Oyfters or Oyfter Brood from any Oyfter Bed or Laying, or from any
Oyfter Fiihery, can under any Circumftances be deemed Felony, and
punilhable as fuch : And it is therefore expedient and necefl'ary that'more
effectual Provilion Ihould be made for the Protection of the Oyfter 1-iih-
cries, and for removing fuch Doubts as aforefaid ; May it therefore pleafe
Your Majefty that it may be declared and enacted ; and be it declared
and enaaed by the King’s moft Excellent Majefty, by and with the Advice
and Confent of the Lords Spiritual and Temporal, and Commons, in this,
prefent Parliament aflembled, and by the Authority of the fame, That every Pcribns fteal-
Perfon who ihall at any Time after the Fifft Day of Anguß One thoufand
eight hundred and eight, knowingly and wilfully ileal, take, and carry away °rrooJ,
any Oyilers or Oyfter Brood from any Oyfter Bed, oi Oyfter haying, or oyfter Beds,
Oyfter Fiiherv, being the Property of any Perfon or Perlons or Body or &c. (hall be
Bodies Politick or Corporate, and fufficiently marked out as luch, ihall be
deemed guilty of Felony, and ihall and may be tranlpprted lor any ierm
not exceeding Seven Years, or be imprifoned and kept to hard LabouiJlfQ. - « 0/1
1414
A& not to affe£i Perfons claiming a Right to take away fuch Oyilers, &c.
Pariih need not be named in Indiaments, and where the County cannot be afcer-tained the Offence may be Hated to be in the Countywhere Offence committed.
Juitices for Towns. &c. may aa as Juitices for Counties.
Provifions of 31G.3.C.J1. not to be repealed by
this Aa.
48° GEO RG 11 III. Cap. 144.
in any Common Gaol or Houfe of Corre&ion, or Penitentiary Houfe, or imprilbned only for any Term, not exceeding Three Years, as the Court before whom any fuch Perfon ihall be convibted may adjudge.
II.	Provided always; and be it further enabled, That nothing in this A£t contained (hall extend or be conftrued to extend to fubject or make liable any Perfon or Perfons to the Penalties of this A£t who ihall take or carry away any Oyfter or Oyiter Brood from any Oyfter Bed, Oyiter Laying, or Oyiter Filhery, wherein fuch Perfon or Perfons ihall have or claim to have a Right to take and carry away fuch Oyilers, or Oyiter Brood.
III.	And whereas Doubts may arife in what Pariih or County any Oyfter Beds, Layings, or Fiiheries are fituated, and on that Account Difficulties may occur in bringing Offenders to Juftice; be it therefore further enacted, That it ihall be fufficier.t in any Indictment under this Act, or under the faid recited Act of the Thirty-firil Year aforefaid, to defcribe, either by Name or otherwife, the Bed, Laying, orFiihery in which the Offence ihall have been committed, without ftating the fame to be in any particular Parifn; and where the Offence is committed on the Border of any County, fo as to make it difficult to afcertain the County, fuch Offence may be ftated to have been committed in the County in which the Indictment ihall be preferred, being either the County in which the Offence was committed or ths adjoining County.
IV.	And whereas it is doubtful whether Juitices of the Peace for Towns Corporate, Boroughs, or other Places, and not being Counties of them-felves, and having fpecial or exclufive Jurifdi&ions, can a£t by virtue of the Statute of the Thirty-firil Year aforefaid ; be it therefore enacted and declared, That it ihall be lawful for fuch Juftices to abt in all Cafes arifing within iheir refpeftive Jurifdictions in like Manner as any Juftice of the Peace for any County, Riding, or Divifion may act for fuch County, Riding, or Divifion, in the Execution of the faid Act, or of any Law for protecting the Oyfter Fiiheries, and Broods of Oyilers.
V.	And be it further enacted, That nothing herein contained ihall extend, or be conftrued to extend, to repeal any of the Provifions of the faid Aft of the Thirty-firil Year aforefaid, except fo far as the fame refpebt the dealing and taking of Oyilers from any Oyiter Bed, Laying, or Filhery.
LONDON: Printed by George Eyre and Andrew Strakan, Printers to the King’s molt Excellent Majefty. tSoS.