ST DECEMBER 1927] 4P ART I - SECT 23 Proceedings against owners, occupiers and agents.

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ST DECEMBER 1927] 4P ART I - SECT 23

Proceedings against owners, occupiers and agents.

23.(1) Where proceedings are taken under this Act against the owner, occupier,
or agent of a quarry in respect of an offence against this Act for which the
owner, occupier, or agent or each of them is liable under this Act, the owner,
occupier, or agent shall not be liable to any penalty if he proves to the
satisfaction of the court

(a)that he was not in the habit of taking, and did not in respect of the
matters in question take, any part in the management of the quarry; and

(b)that the offence was committed without his knowledge, consent or
connivance.

(2) No prosecution shall be instituted against the owner, occupier, or agent,
of a quarry for any offence against this Act which can be prosecuted before a
court of summary jurisdiction, except by an inspector or with the consent in
writing of the Ministry of Commerce; and in the case of an offence of which
the owner, occupier, or agent is not guilty, if he proves that he had taken
all reasonable means to prevent the commission thereof, an inspector shall not
institute any prosecution against such owner, occupier, or agent if satisfied
that he had taken such reasonable means as aforesaid.

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Northern Irish Legislation

ST DECEMBER 1927] 4P ART I - SECT 23