A BILL ΤΟ Amend the Law with respect to the Penalties for E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows: A.D. 1923. vention of 52 & 53 Vict. Board. 1. (1) Any person who uses any method of fishing Penalties in contravention of the sixth section of the Herring for contraFishery (Scotland) Act, 1889, or of any byelaw of the Fishery Board for Scotland duly confirmed, shall be liable c. 23. ss. 6 10 on conviction under the Summary Jurisdiction (Scotland) or of byeActs to a fine not exceeding one hundred pounds for laws of the the first offence and, failing immediate payment of the Fishery fine, to imprisonment for a period not exceeding sixty days; and for the second and any subsequent offence 15 to a fine not exceeding two hundred and fifty pounds, and, failing immediate payment of the fine, to imprisonment for a period not exceeding one hundred and twenty days, without prejudice in either case to diligence by poinding or arrestment, if no imprisonment has followed 20 on the conviction; and every net set or attempted to be set in contravention of said enactment or of any such byelaw and any fish found on board the offending vessel or boat shall be forfeited and may be seized and sold or otherwise disposed of by any superintendent of the 25 herring fishery or other officers employed in the execution of the Herring Fisheries (Scotland) Acts, 1771 to 1890; provided always that if no conviction shall follow, any net so seized shall be forthwith returned and due compensation shall be made for any damage occasioned A.D. 1923. thereto by such seizure, and the price of any fish sold as above provided shall be paid over to the owner or owners of such vessel or boat. (2) Failing payment by a certain date named in the conviction of the fine imposed upon the person or 5 persons convicted, it shall be lawful for the sheriff to pronounce decree therefor against the owner or owners of the offending vessel or boat, and upon such decree being pronounced the person or persons convicted shall be relieved therefrom and from all penalties attaching 10 thereto. (3) It shall be lawful for the sheriff, in the event of a conviction being obtained against any person or persons for contravention of the sixth section of the Herring Fishery (Scotland) Act, 1889, or of any byelaw 15 of the Fishery Board to order the detention of the offending vessel or boat until payment has been made of the fine imposed. (4) The proviso contained in section four of the Trawling in Prohibited Areas Prevention Act, 1909, 20 shall not apply in the case of any proceedings taken against a British trawler under the Herring Fishery (Scotland) Act, 1889, for trawling within the prohibited areas defined in section five subsection (1) of the firstnamed Act or for contravention of section six of the 25 Herring Fishery (Scotland) Act, 1889, or of any byelaw of the Fishery Board. 2. The Herring Fishery (Scotland) Act Amendment Act, 1890, and the Sea Fisheries Regulation (Scotland) Act, 1895, are hereby repealed to the extent specified 30 in the third column of the Schedule appended to this Act. 3. This Act shall come into force on the first day of September nineteen hundred and twenty-three, and may be cited as the Illegal Trawling (Scotland) Penalties 35 Act, 1923. To amend the Law with respect to the Presented by Mr. Duncan Millar, supported by Sir Robert Hamilton, Mr. Falconer, Sir Archibald Sinclair, Mr. Frederick Martin, Ordered, by The House of Commons, to be Printed, LONDON: PUBLISHED BY HIS MAJESTY'S STATIONERY OFFICE. To be purchased through any Bookseller or directly from Printed by EYRE and SPOTTISWOODE, LTD., Printers to the King's most Excellent Majesty. [Bill 52] [Price 2d. Net.] Penalties. A BILL [AS AMENDED BY THE STANDING COMMITTEE ON ΤΟ Amend the Law with respect to the Penalties for E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows: A.D. 1923. vention of 52 & 53 Vict. c. 23. ss. 6 Board. 1. (1) Any person who uses any method of fishing Penalties in contravention of the sixth section of the Herring for contraFishery (Scotland) Act, 1889, or of any byelaw of the Fishery Board for Scotland duly confirmed, shall be 10 liable on conviction under the Summary Jurisdiction or of bye(Scotland) Acts to a fine not exceeding one hundred laws of the pounds for the first offence and, failing payment of the Fishery fine, to imprisonment for a period not exceeding sixty days; and for the second and any subsequent offence 15 to a fine not exceeding two hundred and fifty pounds, and, failing payment of the fine, to imprisonment for a period not exceeding one hundred and twenty days, without prejudice in either case to diligence by poinding or arrestment, if no imprisonment has followed 20 on the conviction; and every net set or attempted to be set in contravention of said enactment or of any such byelaw and any fish found on board the offending vessel or boat shall be forfeited and may be seized and sold or otherwise disposed of by any superintendent of the 25 herring fishery or other officers employed in the execution of the Herring Fisheries (Scotland) Acts, 1771 to 1890; provided always that if no conviction shall follow, any net so seized shall be forthwith returned and due compensation shall be made for any damage occasioned |