Fisheries Act, 1939

Breach of weekly close time.

28.—(1) Where an offence under section 46 of the Fisheries (Ireland) Act, 1850, has been committed in relation to any fishery, then if—

(a) such offence was committed by a person in the employment or under the control of the owner or occupier of such fishery, or

(b) such offence was committed by a person (other than such owner or occupier or a person in the employment or under the control of such owner or occupier) and was facilitated by the failure of such owner or occupier to take reasonable precautions against the commission of such offence,

such owner or occupier shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.

(2) Where—

(a) an offence under section 46 of the Fisheries (Ireland) Act, 1850, has been committed in relation to any fishery by a person in the employment or under the control of the owner or occupier of such fishery, and

(b) such owner or occupier is, by virtue of the immediately preceding sub-section, charged with such offence,

it shall be a good defence for such owner or occupier to prove—

(i) in case the offence is based on failure to do any act required to be done by the said section 46, that he used due diligence to ensure that the said act was done and that such failure was not occasioned by his directions or wilful default,

(ii) in case the offence is based on the commission of any act prohibited by the said section 46, that be used due diligence to prevent such commission, and that the said act was done without his consent, connivance or wilful default, and

(iii) in every case, 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 (as the case may be) failed to do any act required to be done by the said section 46 or did any act prohibited by the said section 46.

Provisions in Relation to Fishing Weirs and Dams.