Foyle Fisheries (Amendment) Act, 1961

Application for forfeiture.

7.—For section 65 of the Principal Act the following section shall be substituted:

“Procedure for disposal of boat or fishing engine seized.

65. Where a person, in exercise of the powers conferred on him by this Part, seizes in the State any boat or fishing engine, he shall, as soon as may be, apply to the District Justice in whose district it was seized for an order for its disposal under this section, and thereupon the following provisions shall have effect:

(a) if, in the case of a boat, the Justice finds that, at the time of its seizure, it had been, was being, or was about to be, used for a purpose which under this Act is unlawful, he shall order it to be forfeited;

(b) if, in the case of a fishing engine, the Justice finds that it is one the use of which is prohibited by law, he shall order it to be forfeited and destroyed;

(c) if, in the case of a fishing engine, the Justice finds that it is a lawful fishing engine which at the time of its seizure had been, was being, or was about to be, unlawfully used in any part of the Foyle Area, he shall order it to be forfeited;

(d) in any other case, the Justice shall order the boat or fishing engine to be returned to the person who appears to him to be the owner thereof.”