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17 1939

FISHERIES ACT, 1939

PART VI.

Miscellaneous Provisions.

Power of Minister to take on lease fisheries for research purposes.

96. —(1) The Minister, with the consent of the Minister for Finance, may, for the purposes of any scheme of research into the life-history and habits of salmon or any freshwater fish and the economic conditions affecting the commercial development of fisheries, take on lease any fishery.

(2) The Provisions of Chapter V of Part V of this Act relating to the operation of fisheries shall apply in respect of any fishery leased by the Minister under this section.

(3) Where a fishery which is a transferable fishery, within the meaning of Part V of this Act, has for the time being been leased under this section, the provisions of Part V . of this Act shall, notwithstanding such lease, apply in respect of such fishery.

Service of documents.

97. —(1) Where any document is required or permitted by the Fisheries Acts or this Act (including sub-section (2) of this section) to be served on any person such document shall be addressed to such person and shall be served on such person in some one of the following ways, that is to say:—

(a) by delivering it to such person;

(b) by leaving it at the address at which such person ordinarily resides;

(c) by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.

For the purposes of this sub-section a company registered under the Companies Acts, 1908 to 1924, shall be deemed to be ordinarily resident at its registered office, and every body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business within the State.

(2) Where any document is required or permitted by the Fisheries Acts or this Act to be served on the owner of a fishery and either such owner cannot be found within the State or the name or address of such owner cannot after reasonable inquiry be ascertained, such document shall be deemed to have been duly served on such owner if it is served on the occupier of such fishery.

Legal Proceedings.

Form of conviction.

98. —Where a person is convicted by the District Court of an offence against the Fisheries Acts or this Act the conviction shall be in the form for the time being authorised by the District Court Rules.

Form of dismissal.

99. —Where any proceedings for an offence under the Fisheries Acts or this Act are dismissed by the District Court, the dismissal shall be in the form for the time being authorised by the District Court Rules.

Appeals from the District Court.

100. —(1) Where any proceedings for an offence under the Fisheries Acts or this Act are dismissed, whether on the merits or without prejudice, by the District Court, the prosecutor may appeal against the order of dismissal to the Judge of the Circuit Court within whose Circuit the Courthouse in which such order was made is situate.

(2) Where by virtue of any enactment (including sub-section (1) of this section) a right of appeal against an order of the District Court in any proceedings under the Fisheries Acts or this Act lies to a Judge of the Circuit Court, such Judge on such appeal may vary, confirm, or reverse such order, and the decision of such Judge on such appeal shall be final and conclusive and not appealable.

How offences may be tried.

101. —(1) Notwithstanding anything contained in any other enactment, any offence under the Fisheries Acts or this Act may be heard and determined in a summary way by a Justice of the District Court upon the complaint, verbal or otherwise, of a member of the Gárda Síochána, any officer or employee of a board of conservators, or any other person.

(2) An offence under the Fisheries Acts or this Act may be brought before and heard and disposed of by a Justice of the District Court irrespective of the place in which the person alleged to have committed such offence resides or in which such offence is alleged to have been committed.

Proof of bye-laws, etc.

102. —(1) In any proceedings under the Fisheries Acts or this Act, a document purporting to be a copy of any instrument in writing made or issued under the said Fisheries Acts or this Act shall, if it is certified by an officer of the Minister to be a true copy of such instrument, be prima facie evidence of such instrument, and it shall not be necessary to prove the signature of the person so certifying such document or that he is an officer of the Minister.

(2) Nothing in this section shall be construed as limiting or affecting the operation of section 4 of the Documentary Evidence Act, 1925 (No. 24 of 1925).