Fisheries (Statute Law Revision) Act, 1956

Amendment of section 24 of the Act of 1925.

20.—(1) The following paragraph shall be substituted for paragraph (a) of subsection (1) of section 24 of the Act of 1925—

“(a) to stop and search any person conveying or suspected to be conveying fish of any kind or any instrument or substance used or adapted for taking fish unlawfully, and to inspect any fish, instrument or substance which such person is found to be conveying and for that purpose to open and search any vehicle or package in which any fish, instrument or substance is or may be or is believed to be conveyed;”

(2) The following subsections shall be substituted for subsections (3) and (4) of section 24 of the Act of 1925—

“(3) Where—

(a) an authorised officer detains in his custody under this section any fish, and

(b) such fish is likely to become unfit for human food before the matter can conveniently be dealt with by any Court,

he shall produce such fish to a Peace Commissioner and thereupon the following provisions shall apply—

(i) if the Peace Commissioner is of opinion that such fish ought to be destroyed, he shall direct such authorised officer to destroy such fish, and such fish shall be destroyed accordingly,

(ii) if the Peace Commissioner is not of that opinion, he shall direct such authorised officer to sell such fish, and such fish shall be sold accordingly.

(4) A direction by a Peace Commissioner under subsection (3) of this section directing an authorised officer to destroy or sell fish shall—

(a) be in writing,

(b) be in such form as the Minister may direct,

(c) describe such fish and any marks, peculiarities or other particulars thereof pointed out to that Peace Commissioner by such authorised officer,

(d) be conclusive evidence in every Court of the matters of fact stated therein.”