221 



or negatived, no proof in relation to the matters so specified 

 or negatived shall be required on the part of the informant or 

 complainant ; 



4. A conviction or order made in any matter arising under 

 this Act, either originally or on appeal, shall not be quashed 

 for want of form, and a conviction or order made by a court of 

 summary jurisdiction, against which a person is authorized hj 

 this Act to appeal, shall not be removed by certiorari or other- 

 wise, either at the instance of the Crown or of any private 

 person, into the High Court, except for the purpose of the 

 hearing and determination of a special case ; 



5. Whenever it shall appear to the satisfaction of the 

 convicting magistrate that an offence against this Act or any 

 regulation made thereunder has been committed in ignorance 

 of the law, and that because of the poverty of the offender, the 

 fine or penalty imposed would be oppressive, a discretionary 

 power may be exercised ; 



6. Any Fishery Overseer or magistrate may upon his own 

 view convict for any offence against the provisions of this Act, 

 or of any regulation made thereunder, and shall instantly re- 

 move or cause to be removed and detain all materials and 

 articles illegally in use ; 



7. Where any offence under this Act is committed in, upon, 

 or near any waters forming the boundary between different 

 counties or districts, such offence may be prosecuted before any 

 magistrate or Fishery Overseer, for either of such contiguous 

 counties or districts. 48 V. c. 9, s. 30. 



30. — (1) One-half of every fine or penalty imposed by virtue Application 

 of this Act shall belong to Her Majesty for the uses of the penrities""^ 

 Province, and the remaining half shall be paid to the prose- 

 cutor, together with any costs which he may have incurred ; 

 every tine, penalty or forfeiture imposed by this Act, 

 or by the regulations made thereunder, may be recovered on 

 parol complaint before any Fishery Overseer or before any - 

 one of Her Majesty's Justices of the Peace in and for the county 

 where the fine or penalty was incurred or the offence was com- 

 mitted or wrong done, and in cities, towns and villages in 

 which there is a Police Magistrate, before such Police Magis- 

 trate, on the oath of one credible witness. 



(2) All materials, implements or appliances used, and all fish 

 had in contravention of this Act, or any regulation made there- 

 under, shall be confiscated to Her Majesty for the uses of the 

 Province, and may be seized and confiscated on view by any 

 Fishery Overseer, or taken and removed by any person for 

 delivery to any magistrate or Fishery Overseer, and the proceeds 

 of disposal thereof may be applied towards defraying expenses 

 incurred under the provisions of this Act ; but nothing in this 

 sub-section contained shall apply to any forfeiture of fish 

 under the provisions of section 26 of this Act. 



