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(2) If any sum due in respect of fishery rate is not paid within one month after the date on which it is required by subsection (2) of section 23 to be paid, such sum shall be recoverable (at the option of the person entitled by law to collect and recover it) from the occupier or from any other person who, when such fishery rate was made or at any subsequent time, held, used or occupied the said fishery or any part thereof and, if such last-mentioned person is a tenant of the occupier, he may, unless the contract of tenancy provides for the payment of fishery rate by the tenant, deduct the amount of any fishery rate so recovered from him from any rent payable to the occupier.
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