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Penalty for placing, etc., fishing engines for taking eels in eyes, etc., of fishing weir or fishing mill dam during annual close season for eels or during daytime.
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153.—(1) If any person places or hangs any fishing engine for taking eels in the eye, gap or sluice gate of any fishing weir or fishing mill dam during—
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(a) the annual close season for eels, or
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(b) the day-time within any period which is not the annual close season for eels,
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then, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than ten shillings and not more than five pounds for each such engine so placed or hung.
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(2) Where a person is convicted of an offence under this section, the fishing engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.
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(3) Where—
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(a) a person is charged with an offence under this section, and
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(b) it is proved that at a particular time a fishing engine for taking eels was placed or was hanging in the eye, gap or sluice gate of a fishing weir or fishing mill dam, and
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(c) it is proved that such person was at that time the occupier of the fishing weir or fishing mill dam,
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it shall, until the contrary is proved, be presumed that the fishing engine was so placed or hung by him.
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