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Special Committee Fisheries Bill, 1938 díospóireacht -
Tuesday, 13 Jun 1939

SECTION 38.

I move amendment No. 16:—

To insert at the end of the section the following new sub-section:—

(5) Where a person, being a common carrier, is charged under this section with the offence of having in his possession or control any salmon or trout unlawfully captured, it shall be a good defence to such charge for such person to prove—

(a) that he had such salmon or trout in his possession or control as a common carrier and not otherwise, and

(b) that at the time at which such salmon or trout was accepted by him for carriage, the consignor thereof delivered to him a certificate in writing signed by such consignor to the effect that such salmon or trout was lawfully captured.

This amendment is designed to afford a reasonable measure of indemnity for a common carrier should a person acting in that capacity be charged with the possession or control of salmon or trout unlawfully captured. In this light the proposed amendment is self explanatory.

This is being inserted at the request of the railway companies, as they are fairly entitled to such indemnity. It will, of course, have the effect of making the carrier co-operate in ascertaining who, precisely, is really the delinquent and in that way, will help administration.

Amendment agreed to.
Section 38, as amended, agreed to.
Sections 39 to 43, inclusive, agreed to.
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