Fisheries (Statute Law Revision) Act, 1949
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PART XII. Legal Procedure and Evidence. | ||
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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). |