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Chapter V.
Other Provisions.
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Penalties for purchasing, selling, etc., or having in possession salmon or trout which are unseasonable or unlawfully captured.
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182.— (1) (a) If any person purchases, sells, exposes for sale, keeps for sale or has in his possession or control any unseasonable salmon or trout, such person shall be guilty of an offence under this subsection.
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(b) Where a person, being a common carrier, is charged under this subsection with the offence of having in his possession or control any unseasonable salmon or trout, it shall be a good defence to such charge to prove that he had such salmon or trout in his possession as a common carrier and not otherwise.
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(2) (a) If any person purchases, sells, exposes for sale, keeps for sale or has in his possession or control any salmon or trout unlawfully captured, such person shall be guilty of an offence under this subsection.
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(b) In any proceedings under this subsection against a person, the onus of proving that the salmon or trout, the subject of such proceedings, was lawfully captured shall lie on such person.
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(c) Where a person being a common carrier, is charged under this subsection with the offence of having in his possession or control any salmon or trout unlawfully captured, it shall be a good defence to such charge for such person to prove—
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(i) that he had such salmon or trout in his possession or control as a common carrier and not otherwise, and
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(ii) that at the time when such salmon or trout was accepted by him for carriage, the consignor thereof delivered to him a certificate in such form as the Minister may from time to time direct signed by such consignor or by a person authorised by him in that behalf to the effect that such salmon or trout was lawfully captured.
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(d) Where—
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(i) a person is charged with an offence under this subsection in relation to a salmon, and
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(ii) he proves that the salmon was captured by rod and line at a particular place during a period other than the annual close season for angling for salmon at that place, and
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(iii) he proves that the salmon was captured by the holder of a licence to fish with rod and line for salmon, and
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(iv) he proves that otherwise the salmon was lawfully captured,
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the charge against that person shall be dismissed.
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(e) Where—
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(i)a person is charged with an offence under this subsection in relation to a trout, and
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(ii)he proves that the trout was captured by rod and line at a particular place during a period other than the annual close season for angling for trout at that place, and
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(iii)if the capture of the trout was prohibited save in accordance with a licence to fish with rod and line for trout, he proves that the trout was captured by the holder of such a licence, and
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(iv)he proves that otherwise the trout was lawfully captured,
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the charge against him shall be dismissed.
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(f) Where—
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(i) a person is charged with the offence under this subsection of purchasing or having in his possession or control any salmon or trout unlawfully captured, and
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(ii) he proves that the salmon or trout was purchased by him from the holder of a licence (whether original or renewed) for the sale of salmon and trout issued under subsection (1) of section 159 and in force at the date of purchase and was so purchased at a place specified in the licence,
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the charge against that person shall be dismissed.
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(3) If any person in a certificate signed by him and delivered to a common carrier under subparagraph (ii) of paragraph (c) of subsection (2) of this section makes any statement which is false, he shall be guilty of an offence under this subsection.
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(4) Every person guilty of an offence under subsection (1), (2) or (3) of this section shall be liable on summary conviction thereof to a fine not exceeding twenty five pounds, together with an additional fine not exceeding two pounds for each salmon or trout in respect of which the offence was committed or, at the discretion of the Court, to imprisonment for any term not exceeding six months.
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(5) Where a person is convicted of an offence under subsection (1) or (2) of this section, any salmon or trout in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.
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