Sea Fisheries (Scotland) Amendment Act 1885

8 Compensation for damage caused by offence.

Sub-section one of section fifteen of the Sea Fisheries Act, 1883, is hereby repealed.

Where any offence is committed, as set forth in section seven hereof, it shall be competent for the person whose property has been injured to give notice in writing to the person committing such offence, and to the sheriff clerk, that at the trial of said offence the sheriff will be called upon to consider and dispose of the question of damages, and, in such case, the evidence led at said trial shall be evidence for the consideration of the sheriff on the question of damages, and the sheriff, at the conclusion of the said trial, shall proceed to consider and dispose of the question of compensation to the injured party, and if a report of a sea fishery officer has been produced, as set forth in section seven hereof, the sheriff shall not allow any additional evidence to be heard unless he shall consider it to be necessary in order to do justice in the case; and, if he shall allow additional evidence, the accused person shall be allowed to be examined as a witness on the question of the amount of damages, and shall, if oral evidence is to be taken on the question of damages, allow the accused person to be examined as a witness on the question of damages, and shall, after hearing parties, give decree as in an ordinary action before the sheriff court.