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Fisheries (Statute Law Revision) Act, 1949

Amendment of section 28 of the Act of 1939.

26.—(1) Section 28 of the Act of 1939 shall not apply to an offence under section 46 of the Act of 1850, consisting of the failure of any person occupying or using any fishing weir, fishing mill dam or fixed engine to open or remove it as required by section 40 of the Act of 1842.

(2) In subsection (2) of section 28 of the Act of 1939, there shall be substituted for paragraphs (i) (ii) and (iii) the following paragraphs—

“(i) that he used due diligence to prevent such commission and the offence was committed without his consent, connivance or wilful default, and

(ii) that on being charged with the offence he gave to the person charging him all information in his power with respect to the person who committed the offence.”.