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SEA FISHERIES ACT 1883 - SECT 20

Masters of boats liable to fines imposed.

20.(1) Where any offence against this Act has been committed by some person
belonging to a sea-fishing boat, the master or person for the time being in
charge of such boat shall in every case be liable to be deemed guilty of such
offence; provided that if he proves that he issued proper orders for the
observance, and used due diligence to enforce the observance, of this Act, and
that the offence in question was actually committed by some other person
without his connivance, and that the actual offender has been convicted, or
that he has taken all practical means in his power to prosecute such offender
(if alive) to conviction, he shall not be liable to any further punishment
than payment of compensation for any injury caused by the offence.

(2) Any fine or compensation adjudged under this Act may be recovered in the
ordinary way, or, if the court think fit so to order, by distress or poinding
and sale of the sea-fishing boat to which the offender belongs, and her
tackle, apparel, and furniture and any property on board thereof or belonging
thereto, or any part thereof; provided that, where the boat is a foreign
sea-fishing boat, the court may order that in lieu of any such distress the
boat may be detained in some port in the British Islands for a period not
exceeding three months from the date of the conviction, and the boat may be
detained accordingly, and in such case shall not be distrained.


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