1090 APPENDIX TO BRITISH CASE. 



93. Should any nets, seines, or other fishing apparatus be set or used 

 in violation of this Act or any regulation thereunder for more than 

 one day, then each day during which such seines, nets or other fishing 

 apparatus shall remain so set or used shall constitute a separate 

 offence, and may be punished accordingly; and should any other 

 violation of this Act, or of any regulation thereunder, continue for 

 more than one day, then each day during which such violation con- 

 continues shall constitute a separate offence, and may be punished as 

 such. 57-58 V., c. 51, s. 9. 



94. Except as herein otherwise provided, every one who violates 

 any provision of this Act or of the regulations under it, shall be 

 liable to a penalty not exceeding one hundred dollars and costs, and, 

 in default of payment, to imprisonment for a term not exceeding 

 three months; and any fishery officer or justice of the peace may grant 

 a warrant of distress for the amount of such penalty and costs. 61 

 V., c. 39, s. 3. 



95. When not otherwise specified, every proprietor, owner, agent, 

 tenant, occupier, partner or person actually in charge, either as occu- 

 pant or servant, shall be deemed to be jointly and severally liable 

 for any penalties or moneys recoverable under any of the provisions 

 of this Act, or of any regulation made under it. R. S., c. 95, s. 19. 



MODE OF RECOVERY. 



96. Every penalty or forfeiture imposed by this Act or regula- 

 tions made under it may be recovered or enforced on parole com- 

 plaint, before any fishery officer, stipendiary magistrate or justice 

 of the peace, in a summary manner. 



2. Three days shall elapse between the service and the return day 

 of the summons to any defendant served within fifteen miles, and one 

 day more for each additional fifteen miles of the distance In! ween 

 the place at which the summons is issued and the place of service: 

 Provided, that if it is expedient to proceed against a defendant with- 

 out delay, any fishery officer or justice of the peace may issue a 

 summons returnable immediately, to compel the defendant to appear 

 before him forthwith, or may issue a warrant for the apprehension 

 of such defendant simultaneously with the summons. R. S.. c. 95, s. 19. 



97. Penalties incurred under this Act, or the regulations made 

 under it, shall be sued for within two years from the commission of 

 the offence. R. S., c. 95, s. 19. 



98. If any defendant has goods and chattels whereon the 



646 costs may be levied, the complainant may under the warrant 



of any fishery officer or other justice of the peace, distrain for 



the amount thereof, notwithstanding the imprisonment of the person 



convicted. R. S., c. 95, s. 18. 



FORMS OF PROCEDURE. 



99. The forms in the schedule to this Act mav be used when appli- 

 cable, and Part XV. of the Criminal Code shall apply to proceedings 

 under this Act. R. S., c. 95, s. 20. 



100. No proceeding or conviction under this Act or under any 

 regulation made under it shall be set aside or quashed for irregu- 

 larity or defect in form, and no warrant of arrest or commitment 



