sold or otherwise disposed of prior to application being made for the forfeiture thereof, and the proceeds thereof retained in lieu, and if in any such case the magistrate, upon such application for forfeiture being made, is not satisfied that an offence against this Ordinance has been committed in respect thereof, upon application made by any person claiming to be the owner of such fish he shall, if he is satisfied as to the validity of the claim, order such proceeds to be paid to the claimant, but where no claim is made or the magistrate is not satisfied as to the validity of any claim, the proceeds shall be paid into the general revenue of the Colony.
(3) For the purposes of this section—
“proceeds” means sale price less any commission or fee payable in respect of such sale.
Seizure and forfeiture of things used for the commission of offences. 7. Whenever it is lawful under this Ordinance for the Commissioner or any fisheries officer, fisheries inspector or police officer to seize and retain any fish or other article or thing, it shall be lawful—
- (a) to seize and retain—
- (i) any receptacle other than a vessel or vehicle in which such fish or other article or thing is contained;
- (ii) any machinery other than the propellant machinery of a vessel or vehicle, implement, utensil, material or substance used for the commission of any offence against this Ordinance; and
- (iii) any books or documents which appear to him to contain evidence that an offence has been or is about to be committed against this Ordinance; and
- (b) to direct any vessel or vehicle in which any thing referred to in paragraph (a) is seized to proceed to such port or place as may be convenient for unloading from the vessel or vehicle anything seized thereon and may then detain the vessel or vehicle for such time as may reasonably be required to effect the unloading.
Presumptions. 8. (1) Any explosive or toxic substance found in the possession or control of any person engaged in fishing or in any vessel or in any premises or place used in whole or in part for the storage of fishing equipment or fish, shall be deemed, until the contrary is proved, to be possessed, stored or used for the purpose of fishing.
(2) The master or other person in charge of any vessel or the person in control of any premises or place used in whole or in part for the storage of fishing equipment or fish in which any explosive or toxic