Anderson

This was an action, of claim and delivery for one net, three boats and fishing tackle alleged to have been taken and wrongfully detained from the plaintiff.

It appears that the property belonged to the plaintiff, who had rented it to certain Chinese fishermen for the purpose of fishing in. the tide waters of the state. In December, 1878, these men, who had possession of the property, were catching *77 fish in what is known as Montezuma cut-off slough, within the jurisdiction of Solano county, by casting and extending their nets more than one-third the way across the slough. That contrivance for catching fish was prohibited by section 636, chapter 1, title 15 of the Penal Code, which declared that “every person who shall east, extend, or set any seine or net of any kind, for the catching of fish in any river, stream, or slough of this state, which shall extend more than one-third across the width of said river, stream, or slough, at the time and place of such fishing, is guilty of a misdemeanor, ’ ’ punishable by fine or imprisonment, or both. Further, it declared that “all nets, seines, fishing tackle, boats, or other implements used in catching or taking fish in violation of the…