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FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 40

40.(1) If any person uses in any waters any deleterious matter for the
capture, destruction or injury of fish he shall be guilty of an offence
against this Act.

(2) If any person being on the bank of or near any waters has in his
possession or under his control any deleterious matter he shall be guilty of
an offence against this Act.

(3) It shall be a good defence to a charge under sub-section (2) for the
defendant to prove that the deleterious matter was in his possession or under
his control for an innocent purpose.

(4) Every person guilty of an offence under this section shall be liable

(a)on summary conviction, to a fine not exceeding one hundred pounds, or to
imprisonment for a term not exceeding six months or to both such fine and such
imprisonment;

(b)on conviction on indictment to a fine not exceeding five hundred pounds or
to imprisonment for a term not exceeding two years or to both such fine and
such imprisonment.

(5) Orders shall not be made under section one or section five of the
Probation Act (Northern Ireland), 1950, in respect of any offence under this
section and, accordingly,... residue amends sch.1 to 1950 c.7 (NI).][

© 1952 Crown Copyright

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