
    Commonwealth versus William M’Curdy.
    Acts for the preservation of fish, imposing penalties for the breach of them on all persons offending, are public statutes, and need not be set out in an indictment.
    The defendant was indicted, September term, 1807, for that :je, on the 17th day of May, then last past, the same day being Sunday, with force and arms at Bowdoinham, in this county, did take and catch eight shad, and eighty-five alewives, in the waters of Cathance river, in said county, against the peace, and contrary to the form of the statute in that case made and provided.
    Upon not guilty pleaded, he was convicted at the sittings after the last June term in this county.
    After the return of the verdict he moved in arrest of judgment, because it appears by the indictment, that the same is upon the statute against taking salmon, shad, and alewives, within the counties of Cumberland and * Lincoln, and against [ * 325 ] the form of the same; which, being a private statute, ought by law to be recited and set forth in the indictment.
    
      The Solicitor-General, for the commonwealth.
    
      Wilde, for the defendant.
   The cause stood continued to this term, and now the opinion ot the Court was delivered by

Parsons, C. J.

This indictment is founded on the statute of 1797, c. 70. <§, 4.

If this be a private statute, the motion in arrest ot judgment must prevail. This act is for the preservation of salmon, shad, and alewives in the waters within the counties of Lincoln and Cumberland. The preamble to the second section recites that the preservation of the fisheries there is of great importance to the public. The penalties for taking the fish contrary to the statute, are imposed on all persons whatsoever. Every citizen must then take notice of this statute at his peril. It is therefore a public statute, and the Courts of law must ex officio take notice of it. Indeed all our fish laws, imposing penalties on all persons offending against them, are made for the public benefit, and are public statutes.

Judgment is not arrested.  