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Prohibition of sale, etc., of salmon and trout unlawfully captured.
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35.—(1) If any person buys, sells, exposes for sale or has in his possession any salmon or trout unlawfully captured such person shall be guilty of an offence against this Act and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds, together with a further fine not exceeding two pounds for each salmon or trout so bought, sold, exposed for sale or found in his possession.
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(2) In any proceedings under this section, the onus of proving that the salmon or trout, the subject of the proceedings, was lawfully captured shall lie on the defendant.
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(3) Where a person, being a common carrier, is charged with the offence of having in his possession any salmon or trout unlawfully captured, it shall be a good defence to the charge for him to prove—
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(a) that he had the salmon or trout in his possession as a common carrier and not otherwise, and
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(b) that at the time at which the salmon or trout was accepted by him for carriage, the consignor delivered to him a certificate in writing signed by the consignor to the effect that the salmon or trout was lawfully captured.
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(4) Where—
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(a) a person is charged with an offence under this section in relation to a salmon or trout, and
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(b) he proves that the fish was caught by rod and line at a particular place during a period other than the annual close season for angling at that place, and
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(c) if the capture of the fish was prohibited save in accordance with a licence, he proves that the fish was caught by the holder of such a licence.
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the charge against him shall be dismissed.
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