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Prohibition of purchase, sale, etc., of salmon, etc., unlawfully captured.
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38.—(1) No person shall purchase, sell, expose for sale, keep for sale, or have in his possession or control any salmon or trout unlawfully captured.
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(2) Any person who purchases, sells, exposes for sale, keeps for sale, or has in his possession or control any salmon or trout in contravention of this section shall be guilty of an offence under this section and 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 such salmon or trout purchased, sold, exposed for sale, or kept for sale by such person or found in his possession or control.
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(3) In any proceedings under this section 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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(4) Every person who is convicted of an offence under this section shall forfeit every salmon or trout in respect of which he is so convicted.
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(5) Where a person, being a common carrier, is charged under this section 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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(a) that he had such salmon or trout in his possession or control as a common carrier and not otherwise, and
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(b) that at the time at which such salmon or trout was accepted by him for carriage, the consignor thereof delivered to him a certificate in writing signed by such consignor to the effect that such salmon or trout was lawfully captured.
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