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27 1949

FISHERIES (STATUTE LAW REVISION) ACT, 1949

PART XII.

Legal Procedure and Evidence.

Trial of offences under the Sea Fisheries Protection Act, 1933, and the Sea Fisheries (Protection of Immature Fish) Act, 1937.

40. —(1) In this section—

the expression “the Act of 1933” means the Sea Fisheries Protection Act, 1933 (No. 53 of 1933), the expression “the Act of 1937” means the Sea Fisheries (Protection of Immature Fish) Act, 1937 . (No. 33 of 1937).

(2) Where—

(a) a sea fisheries protection officer has in exercise of the powers conferred on him by section 7 of the Act of 1933 taken a boat and the persons on board it to a port in the State, and

(b) any person (being one of the said persons) is alleged to have committed an offence under any section of the Act of 1933,

such offence may be brought before and heard and disposed of by a District Justice for the time being assigned to the District in which such port is situate.

(3) Where—

(a) a sea fisheries protection officer has, in exercise of the powers conferred on him by section 7 of the Act of 1933 as applied by section 8 of the Act of 1937, taken a boat and the persons on board it to a port in the State, and

(b) any person (being one of the said persons) is alleged to have committed an offence under any section of the Act of 1937,

such offence may be brought before and heard and determined by a District Justice for the time being assigned to the District in which such port is situate.

(4) Subsections (2) and (3) of this section shall not be construed as affecting section 79 of the Courts of Justice Act, 1924 (No. 10 of 1924).

Offences by bodies corporate.

41. —Where an offence under any section or subsection of the Acts or this Act or any instrument made thereunder was committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of such body corporate, such director, manager, secretary or other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.

Prosecution by Minister of offences under the Acts and this Act.

42. —An offence under any section or subsection of the Acts or this Act or any instrument made thereunder may be prosecuted by the Minister.

Evidence of amount of expenses incurred by the Minister.

43. —(1) Where the Minister is entitled under any enactment to which this section applies to recover any expenses, a certificate sealed with the official seal of the Minister and certifying the amount of such expenses shall be prima facie evidence of the amount of such expenses.

(2) This section applies to the following enactments.—

(a) sections 29, 30, 31 and 33 of the Act of 1939, and

(b) sections 17 , 18 , 19 and 25 of this Act.