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Legal proceedings. 14.(1) Where any person is found in control or possession of any bird, or the plumage or skin or any part of any bird, or the egg or nest of any bird, [or any part of any such egg or nest], and it appears to the court before which any proceedings are taken in respect thereof that there is reasonable ground for believing that the bird, egg or nest was killed or taken at a time when it was specially protected under this Act, the bird, egg or nest, as the case may be, shall, unless the person against whom the proceedings are taken satisfies the court that it was not, or that he had reasonable grounds for believing that it was not, so killed or taken, be deemed to have been killed or taken in contravention of this Act. Subs.(2) rep. by 1978 c.23 s.122(2) sch.7 (3) All offences under this Act may be prosecuted by an officer or constable of the Royal Ulster Constabulary or by any other person, and all fines thereunder shall be recovered in manner provided by the Summary Jurisdiction (Ireland) Acts, and a person aggrieved by a conviction or order made by a court of summary jurisdiction on determining any information or complaint under this Act, may appeal in manner provided by the Summary Jurisdiction (Ireland) Acts. (4) A court of quarter sessions shall on an appeal under this Act have power to make any order which a court of summary jurisdiction could have made under this Act, and to confirm, quash or vary an order which has been appealed against: Provided that no appeal shall lie against an order made under this Act for the liberation or destruction of any bird, or the sale or destruction of any bird, egg or nest. (5) In all cases of prosecutions for offences under section six of this Act the complaint may be made within twelve months from the time when the cause of complaint has arisen notwithstanding anything contained in the Summary Jurisdiction (Ireland) Acts. Powers and duties of officers or constables of the Royal Ulster Constabulary.
© 1931 Crown Copyright
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