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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

PART XIX.

Legal Proceedings, Fines, Forfeitures, Evidence, Inquiries and Service of Documents.

Legal Proceedings.

Trial of offences.

309. —(1) Notwithstanding anything contained in any other enactment, an offence under any provision of this Act may be heard and determined in a summary way by a District Justice upon the complaint, verbal or otherwise, of a member of the Garda Síochána, an officer or employee of a board of conservators or any other person.

(2) (a) Where—

(i) a sea fisheries protection officer has in exercise of the powers conferred on him by section 233 taken a boat and the persons on board it to a port in the State, and

(ii) any person (being one of the said persons) is alleged to have committed an offence under any section contained in Chapter II or III of Part XIII,

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.

(b) Paragraph (a) of this subsection shall not be construed as affecting section 79 of the Courts of Justice Act, 1924 (No. 10 of 1924).

(3) Where an offence under the repealed enactments or an offence under any provision of this Act has been, or is alleged to have been committed in or upon any waters forming the boundary between two or more Districts established for the purposes of the District Court, then, notwithstanding section 79 of the Courts of Justice Act, 1924 (No. 10 of 1924), proceedings in respect of the offence may be brought, heard and determined before and by a District Justice for the time being assigned to any one of the said Districts and such offence may be alleged and stated in an information or summons to have been committed in the District where it is proposed to bring the proceedings.

Appeals from the District Court.

310. —(1) Where any proceedings in the District Court for an offence under any provision of this Act are dismissed, whether on the merits or without prejudice, the prosecutor may appeal against the order of dismissal to the Judge of the Circuit Court within whose Circuit the Courthouse in which such order was made is situate.

(2) Where by virtue of subsection (1) of this section a right of appeal against an order of the District Court in any proceedings under this Act lies to a Judge of the Circuit Court, such Judge on such appeal may vary, confirm or reverse such order, and the decision of such Judge on such appeal shall be final and conclusive and not appealable.

Offences by bodies corporate.

311. —Where an offence under any provision of this Act 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 this Act.

312. —An offence under any provision of this Act may be prosecuted by the Minister.

Bounds need not be set out in indictments, etc.

313. —In any action or prosecution for or in respect of any trespass or nuisance in respect of a fishery it shall not be necessary to set out in the declaration or indictment the bounds of the place in which the trespass or nuisance complained of was committed, but it shall be sufficient to state generally that the same was committed within the fishery district in which the fishery in question is situate.

Fines.

Disposal of fines.

314. —(1) This section applies to every fine imposed for any offence under any provision of this Act.

(2) Section 51 of the Court Officers Act, 1926 (No. 27 of 1926), shall cease to apply to any fine to which this section applies.

(3) Every fine to which this section applies shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

(4) Where a fine to which this section applies is remitted in whole or in part after it has been paid into or disposed of for the benefit of the Exchequer under subsection (3) of this section, such fine or the portion thereof so remitted (as the case may be) shall be repaid out of the Exchequer in such manner as the Minister for Finance shall direct.

Payments to boards of conservators and (in certain cases) Garda Síochána Reward Fund in respect of fines for certain offences.

315. —(1) This section applies to—

(a) an offence under any section of this Act (other than a section contained in Part XII, XIII, XV or XVI or section 290 or 323), or

(b) an offence against any bye-law made under section 9 and relating to salmon, trout or eels.

(2) Where a fine imposed for an offence to which this section applies has been paid or levied, then, unless the fine has been wholly remitted, the following provisions shall apply—

(a) in case it appears to the Minister that a member of the Garda Síochána was the means of bringing to justice the person by whom the offence was committed, there shall be paid—

(i) to the board of conservators of the fishery district in which the offence was committed a sum equal to two-thirds of the fine, or, if the fine was remitted in part, of so much thereof as was not remitted, and

(ii) into the Garda Síochána Reward Fund, a sum equal to one-third of the fine or, if the fine was remitted in part, of so much thereof as was not remitted.

(b) In any other case, there shall be paid to the said board of conservators a sum equal to the fine or, if the fine was remitted in part, so much thereof as was not remitted.

(3) All moneys payable under subsection (2) of this section shall be paid by the Minister out of moneys provided by the Oireachtas at such times as he thinks fit.

Forfeitures.

Non-obligation of Court to pronounce or record forfeit are where forfeiture falls as a statutory consequence of conviction.

316. —Where—

(a) a person is convicted by a District Justice of an offence under any provision of this Act, and

(b) the said provision provides that a particular thing shall, as a statutory consequence of conviction, stand forfeited,

then, notwithstanding any rule of law, it shall not be necessary for the said Justice—

(i) to pronounce the fact of such forfeiture at the time of adjudication, or

(ii) to record the fact of such forfeiture in the Justice's Minute Book or the Charge Sheet or in the order of conviction.

Disposal of forfeitures.

317. —(1) Where—

(a) any thing, which, either as a statutory consequence of conviction or by an order of a District Court, is forfeited under this Act or any instrument made thereunder, is lawfully seized, or

(b) any thing is ordered by a District Justice under paragraph (b) of section 302 to be forfeited,

the Minister may direct that such thing shall—

(i) be returned to the person who appears to him to be the owner thereof, or

(ii) be sold or otherwise disposed of in such manner as he thinks fit.

(2) Where the Minister, in pursuance of subsection (1) of this section, directs a thing to be sold, the net proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

(3) Subsection (1) of this section shall not apply to any thing forfeited under section 265, where the Court gives a direction under the said section 265 in relation to such thing.

Payments to boards of conservators and (in certain cases) Garda Síochána Reward Fund in respect of proceeds of certain forfeitures.

318. —(1) Where in—

(a) any thing is forfeited under any section of this Act (other than one contained in Part XIII, XV or XVI or under any bye-law made under section 9 and relating to salmon, trout or eels, or any thing (being a fishing engine for the capture of salmon, trout or eels) is forfeited under paragraph (b) of section 302, and

(b) such thing is sold by direction of the Minister under section 317,

the following provisions shall apply—

(i) in case it appears to the Minister that a member of the Garda Síochána seized such thing or was the means of bringing to justice the person committing the offence which resulted in such forfeiture, there shall be paid—

(I) to the board of conservators of the fishery district in which the offence was committed a sum equal to two-thirds of the net proceeds of such sale, and

(II) into the Garda Síochána Reward Fund a sum equal to one-third of the said net proceeds,

(ii) in any other case there shall be paid to the said board of conservators a sum equal to the said net proceeds.

(2) All moneys payable under subsection (1) of this section shall be paid by the Minister out of moneys provided by the Oireachtas at such times as he thinks fit.

Disposal of proceeds of sale of fish in pursuance of a direction under section 301 (4).

319. —(1) Where any fish are sold in pursuance of a direction under subsection (4) of section 301, the following provisions shall have effect—

(a) in case—

(i) proceedings are duly instituted against any person charging him with an offence under any provision of this Act in relation to such fish, and

(ii) such person is convicted of the offence, and

(iii) such fish would, but for the sale thereof, as a statutory consequence of such conviction stand forfeited, the net proceeds of such sale shall be paid into, or disposed of for, the benefit of the Exchequer in such manner as the Minister for Finance shall direct;

(b) in any other case, the said net proceeds shall on demand be paid to the owner of such fish;

(c) where the said net proceeds are to be dealt with in accordance with paragraph (a) of this subsection—

(i) in case it appears to the Minister that a member of the Garda Síochána detained such fish under section 301, there shall be paid—

(I) to the board of conservators of the fishery district in which the offence was committed a sum equal to two-thirds of the said net proceeds, and

(II) into the Garda Síochána Reward Fund a sum equal to one-third of the said net proceeds,

(ii) in any other case, there shall be paid to the said board of conservators a sum equal to the said net proceeds.

(2) All moneys payable under paragraph (c) of subsection (1) of this section shall be paid by the Minister out of moneys provided by the Oireachtas at such times as he thinks fit.

Evidence.

Evidence of amount of expenses incurred by the Minister.

320. —Where the Minister is entitled under section 99, 110, 112, 113, 114, 116, 117 or 129 to recover any expenses a certificate sealed with the official seal of the Minister and certifying the amount of those expenses shall be prima facie evidence of the amount of those expenses.

Proof of bye-laws, etc.

321. —(1) In any proceedings under the repealed enactments or this Act, a document purporting to be a copy of any instrument in writing made or issued under the repealed enactments or this Act shall, if it is certified by an officer of the Minister to be a true copy of such instrument, be prima facie evidence of such instrument, and it shall not be necessary to prove the signature of the person so certifying such document or that he is an officer of the Minister.

(2) Nothing in this section shall be construed as limiting or affecting the operation of section 4 of the Documentary Evidence Act, 1925 (No. 24 of 1925).

Inquiries.

Notice of holding of inquiries.

322. —Where notice of the holding of an inquiry is required by this Act to be given that requirement shall be complied with if not less than fourteen days before the holding of such inquiry, the following things are done—

(a) there are distributed, in such manner as the Minister may direct, printed notices announcing the time and place at which the inquiry is to be held and the matters to be inquired into thereat, and

(b) there is published in one or more newspapers circulating in the fishery district in which the inquiry is to be held an advertisement stating the time and place at which the inquiry is to be held and the matters to be inquired into thereat.

Powers of persons appointed by the Minister to hold inquiries.

323. —(1) Any person (in this section referred to as an authorised person) appointed by the Minister to hold an inquiry under this Act, may do all or any of the following things—

(a) summon witnesses to attend before him at such inquiry,

(b) examine on oath (which such authorised person is hereby authorised to administer) witnesses attending before him at such inquiry,

(c) require any such witnesses to produce any documents in their power or control the production of which such authorised person considers necessary for the purposes of such inquiry.

(2) A witness before an authorised person holding an inquiry under this Act shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(3) If any person—

(a) on being duly summoned to attend as a witness before an authorised person holding an inquiry under this Act makes default in attending, or

(b) so being in attendance as a witness, refuses to take an oath lawfully required by such authorised person to be taken, or to produce any document in his power or control lawfully required by such authorised person to be produced by him, or to answer any question to which such authorised person may require an answer,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

Service of Documents.

Service of documents.

324. —(1) (a) Where any document is required or permitted by this Act (including subsection (2) of this section) to be served on any person such document shall be addressed to such person and shall be served on such person in some one of the following ways:—

(i) by delivering it to such person;

(ii) by leaving it at the address at which such person ordinarily resides;

(iii) by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.

(b) For the purposes of this subsection a company registered under the Companies Acts, 1908 to 1924, shall be deemed to be ordinarily resident at its registered office, and every body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business in the State.

(2) Where any document is required or permitted by this Act to be served on the owner of a fishery and either such owner cannot be found in the State or the name or address of such owner cannot after reasonable inquiry be ascertained, such document shall be deemed to have been duly served on such owner if it is served on the occupier of such fishery.