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FISHERIES (IRELAND) ACT 1842 - SECT 87

Offenders may be apprehended if they refuse to tell their names or to desist from the offence.

87. When any person shall be found, at sea, or on rivers, lakes or other
waters, or on land, offending against any of the provisions of this Act by the
use of any illegal net, engine, or device whatsoever for the taking of fish,
or by the use of any net, engine, or device prohibited at such time, or in any
other manner, it shall be lawful for any officer or person herein-before
empowered to enforce the provisions of this Act, or for any person interested
in the fishery in which such illegal act may be committed, to require the
person so found offending forthwith to desist from such offence, and also to
tell his christian name, surname, and place of abode; and in case such person
shall, after being so required, refuse to tell his real name or place of
abode, or shall give such a general description of his place of abode as shall
be illusory for the purpose of discovery, or shall wilfully continue such
offence, it shall be lawful for the officer or person so requiring as
aforesaid, and also for any person acting by his order and in his aid, to
apprehend such offender, and to convey him or cause him to be conveyed, as
soon as conveniently may be, before a justice of the peace, to be dealt with
according to law: Provided always, that no person so apprehended shall on any
pretence whatsoever be detained for a longer period than twenty-four hours
from the time of his apprehension before he shall be brought before some
justice of the peace; and that if he cannot, on account of the absence or
distance of the residence of any such justice of the peace, or owing to any
other reasonable cause, be brought before a justice of the peace within such
twelve hours as aforesaid, then the person so apprehended shall be discharged,
but may nevertheless be proceeded against for his offence by summons or
warrant, according to the provisions herein-after mentioned, as if no such
apprehension had taken place.

© 1842 Crown Copyright

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