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DOG RACES (RESTRICTION) ACT (NORTHERN IRELAND) 1946 - SECT 4

Enforcement.

4.(1) Any person guilty of an offence against this Act shall, on summary
conviction, be liable

(a)in the case of a first offence to a fine not exceeding twenty-five pounds
or to imprisonment for a term not exceeding three months or to both such
imprisonment and fine; and

(b)in the case of a second or any subsequent offence to a fine not exceeding
one hundred pounds or to imprisonment for a term not exceeding six months or
to both such imprisonment and fine:

Provided that where any offence under this Act has been committed by a body
corporate, then notwithstanding and without prejudice to the liability of that
body, every person who at the time of such commission was a director or other
officer of the body corporate or was purporting to act in any such capacity,
shall be liable to be prosecuted as if he had personally committed that
offence and shall, if on such prosecution it is shown that he consented to, or
connived at, or did not exercise all such diligence as he ought in the
circumstances to have exercised to prevent, the offence, be liable to the like
conviction and punishment as if he had personally been guilty of that offence.

(2) If a resident magistrate or a justice of the peace is satisfied by
information on oath that there is reasonable ground for suspecting that an
offence against this Act has been, is being, or is about to be committed in
any premises, he may grant a search warrant authorising any police officer or
constable named therein to enter such premises at any time, if necessary by
force, and to search the premises and to examine and seize any article, animal
or thing found therein which he has reasonable ground for believing to be
evidence of the commission of an offence.

(3) Without prejudice to the operation of section twenty-two of the
Petty Sessions (Ireland) Act, 1851, and section eight of the
Accessories and Abettors Act, 1861, any person who attempts to commit,
conspires with any other person to commit or does any act preparatory to the
commission of, any offence against this Act shall be guilty of that offence
and punishable accordingly.

(4) On the conviction of any person for an offence under section one of
this Act the court may in addition to any other penalty which it has power to
impose for such offence, order him within fourteen days or such extended
period as the court thinks just to remove from the premises in respect of
which the offence occurred all dog racing equipment erected or placed thereon
and if such person neglects or fails to comply with the terms of such order,
he may, in the discretion of the court, be ordered to pay a sum not exceeding
twenty-five pounds for every day during which he is in default and for the
purpose of enforcing payment of any such sum the court may exercise all the
powers (including powers of imprisonment) exercisable by a court of summary
jurisdiction in cases where default is made in payment of a penal sum.


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© 1946 Crown Copyright

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