119.—(1) In this section “fish pass” means a fish pass made under section 62 or 63 of the Fisheries (Ireland) Act 1842 or section 115 or 118.

(2) If any person—

(a) takes, kills or destroys any fish in a fish pass, or

(b) hangs, fixes, uses or sets in a fish pass any fishing engine, or

(c) places any obstruction, uses any contrivance or does any act whereby fish may be scared, deterred or in any way prevented from freely passing up and down through a fish pass at all periods of the year, or

(d) fails to preserve a fish pass free from every obstruction,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and, if the offence is that of placing any obstruction or contrivance in a fish pass, the Court shall order the removal thereof at the expense of the offender.

(3) Where—

(a) it is alleged in a complaint and proved that an offence under this section was committed in such circumstances as to afford reasonable grounds for believing that the offence was committed—

(i) by some person in the employment or under the control of the owner or occupier of a mill or factory, or

(ii) with the knowledge or connivance of such owner or occupier or of the person in charge of such mill or factory, or

(iii) through the default of reasonable precaution on the part of such owner or occupier to prevent such offence, and

(b) it is alleged in the complaint and proved that the offence was committed, but that the person who committed the offence is unknown or cannot be found, and

(c) the owner or occupier of the mill or factory is charged with such offence,

such owner or occupier shall be deemed to be guilty of such offence and shall be punishable accordingly.