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Chapter II.
Restrictions on Sites of Fixed Engines.
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Prohibition of placing or using fixed engines, etc. in narrow part of estuaries.
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102.—(1) If in any part of the estuary or the tidal portion of any river where the breadth of the channel at low water of ordinary spring tides is less than three-quarters of a mile any person other than the proprietor of a several fishery in the whole of such estuary and river places, erects, fishes with or uses any fixed engine, then—
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(a) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding thirty pounds, and
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(b) the Court shall order the stakes thereof to be pulled down or destroyed at the expense of such person.
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(2) Where a person is convicted of an offence under this section the fixed engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.
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(3) Subsection (1) of this section shall not apply in respect of—
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(a) any stake nets, and other contrivances for placing nets which had been established for twenty years or upwards before the 10th day of August, 1842, or
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(b) any stake nets, head weirs and other contrivances for placing or erecting nets which had been established for ten years or upwards before the 10th day of August, 1842, within the limits of a several fishery by any person lawfully entitled to such several fishery by charter, grant, patent, prescription, or Act, by which such limits are accurately defined, or
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(c) any head weir, not fished by means of a fixed net.
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