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Provisions in relation to prosecutions for contravention of Act.
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4.—(1) In a prosecution of a person for contravention, in relation to an animal, of a provision of this Act, if it is proved that the animal was found on the Lands and it is proved (either by virtue of subsection (2) of this section or otherwise) that the person was its owner at the time of the finding, it shall be presumed, until the contrary is proved—
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(a) if the animal was not a sheep, that the person brought the animal onto the Lands or had the animal on the Lands without being authorised by the Maor to do so or that the person kept or grazed the animal on the Lands,
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(b) if the animal was a sheep, that the person brought the animal onto the Lands or had the animal on the Lands without being authorised by the Maor to do so or that the person, otherwise than under and in accordance with the Curragh of Kildare Act, 1870, and the Act of 1961 and without being authorised by the Maor to do so, kept or grazed the animal on the Lands, or
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(c) if the animal was a sheep and it is proved that it was not at the time it was so found branded in accordance with the provisions of this Act, that the person kept or grazed it on the Lands without its being branded as aforesaid,
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as may be appropriate having regard to the particular provision of this Act alleged to have been contravened by the person.
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(2) In a prosecution of a person for contravention of a provision of this Act in relation to an animal which was found on the Lands and upon which there was, at the time it was so found, a brand (other than the official brand), if it is proved that the person was the user or reputed user of the brand, it shall be presumed, until the contrary is proved, that the person was the owner of the animal at that time.
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