220 



Proviso. 



or assists another person to remove or carry away any fish 

 caught within such limits, he shall not acquire any right 

 to the fish so caught, but the same shall be forfeited and become 

 the absolute property of the lessee, and such person shall 

 therefor, and upon conviction thereof incur and pay a 

 penalty of not less than $5 or more than $20 with costs 

 of prosecution, and in default of immediate payment of such 

 fine and costs shall be imprisoned in the common gaol of the 

 county within which the offence was committed for a period 

 not exceeding one month ; and the lessee or any person by him 

 authorized, and any Fishery Overseer, may upon his own view 

 forthwith seize and remove any net, article or apparatus so 

 used in fishing or to assist in fishing contrary to the provisions of 

 this section, to be afterwards dealt with according to law ; pro- 

 vided always, that the occupation of any fishing grounds or 

 waters leased for the express purpose of net fishing, shall not 

 interfere with nor prevent angling for other purposes than those 

 of trade or commerce. 48 V. c. 9, s. 27. 



Penalty for ^'^ - If any of the provisions of this Act or of any regula 



contravention tions made Under the authority thereof by the Lieutenant- 

 no special^™ Governor in Council, are contravened and no other penalty is 

 penalty. herein provided for such contravention, the person guilty of 



such contravention shall on conviction thereof incur and 

 pay a fine of not more than $20 with costs of prosecu- 

 tion, and in default of immediate payment of such fine and 

 costs shall be imprisoned in the common gaol of the county 

 within which the ofience was committed, for a period not 

 exceeding one month. 48 V. c. 9, s, 28. 



Separate 

 oflfences. 



38. Contravention on any day of any of the provisions of 

 this Act, or of any regulation made under the authority thereof 

 by the Lieutenant-Governor in Council, shall constitute a 

 separate ofience, and may be punished accordingly. 48 V. c. 

 9,s.29. 



Provisions 

 with 



respect to 

 summary 

 proceedings. 



39. The following provisions shall have effect with respect 

 to summary proceedings for offences, fines and penalties under 

 this Act ; 



1. The information shall be laid within two months after 

 the commission of the offence ; 



2. The description of an offence in the words either of this 

 Act or of any regulations made by authority thereof, or in 

 any similar words, shall be sufficient in law ; 



3. Any exception, exemption, proviso, excuse or qualifica- 

 tion, whether it does or not accompany the description of the 

 offence in this Act, or in any regulation made by authority 

 thereof, may be proved by thedefendant,but need not be specified 

 or negatived in the information or complaint, and if so specified 



