231 



notwithstanding such person may be entitled to pait of the 

 pecuniary penalty on the conviction of the offender, and the 

 defendant shall also be a competent and compellable witness. 



25. All prosecutions for the punishment of any offence Who may 

 under this Act, for which offence the penalty does not exceed ^^r^lnec^m- 

 the sum of $30, and imprisonment or impiisonment at hard plaints where 

 labor in default of payment thereof and of the costs may take [han^lso^ ^^^^ 

 place before any fishery overseer, stipendiary or police magis- 

 trate, or one or more of Her Majesty's Justices of the Peace 



having jurisdiction in the county or district in which the offence 

 is committed. 



26. All prosecutions for the punishment of any offender in other cases, 

 under this Act other than these in the next preceding section 

 mentioned, ma}^ take place before any stipendiary or police 

 magistrate, or any two or more of Her Majesty's Justices of 



the Peace having jurisdiction in the county or district in 

 which the offence is committed, or before any one of such 

 justices and any fishery overseer. 



37. Complaints or informations under this Act may be laid Limitation of 

 within three months from the date of the commission of the prf^secutions. 

 offence. 



28. One-half of every fine or penalty imposed by virtue of Application 

 this Act shall belong to Her Maiesty and may be devoted ''^ ^",^,? ^"^ 



, , • i.1, * • '^ 1 • • 4. i.-u penalties, 



towards paying the expenses incurred in carrying out the pro- 

 visions of this Act, and the other half thereof when collected 

 shall be paid over to the prosecutor or informant, together 

 with any costs which he may have incurred and which may 

 be collected. 



29. All materials, implements and apparatus used, and all Fish taken or 

 fish had or taken in contravention of this Act or any regula- "g^JJ uTikw^- 

 tion made thereunder, may be seized and confiscated to Hei fully to be for- 

 Majesty for the use of the Province by any fishery overseer, on 

 view or taken or removed by any other person for delivery to 

 any magistrate or overseer, and the proceeds thereof may be 



applied to defraying the expenses incurred under this Act. ^ 



30. Save where otherwise provided by this Act, in so far Procedure on 

 as they are applicable, the provisions and forms of the Act prosecutions, 

 entitled An Act respecting summary convictions before 

 Justices of the Peace shall apply to prosecutions and proceed- 

 ings under this Act except in proceedings on appeal and the 

 practice and procedure upon and with respect to appeals and 



all proceedings thereon and thereafter shall be governed by 

 the " Act Respecting the Procedure on Appeals to the Judge oj Rev. stat, 

 a County Court from Summary Convictions," and no other c. 75. 

 appeal shall be had or shall lie save under the Act last aforesaid. 



feited. 



