1202 APPENDIX TO BRITISH CASE. 



by a Justice of the Peace, Officer of Customs, Fishery Warden, or 

 person commissioned for the purpose, as to whether such Herring, 

 Caplin, Squid, or other Bait Fishes are intended for exportation or 

 sale, and on refusing to answer, or answering untruly, or failing to 

 produce a license as above mentioned, such Justice, Officer of Cus- 

 toms, Fishery Warden, or person commissioned as aforesaid, may 

 seize the vessel in or on board of which such Herring, Caplin, Squid, 

 or other Bait Fishes shall have been hauled or caught, or put, kept, 

 shipped, carried, or conveyed, or on board of which the same may 

 have been found, her tackle, apparel, furniture and outfit, and bring 

 the same before any Stipendiary Magistrate, and the person so refus- 

 ing to answer, answering untruthfully, or failing to produce the said 

 license, shall be guilty of an offence against this Act. 



III. The license provided for in the first Section shall be issued 

 under the authority of the Governor in Council, and shall be counter- 

 signed by the Colonial Secretary. 



IV. If any person shall forge or counterfeit, or procure to be 

 forged or counterfeited, the signature of the Receiver General to any 

 such license as mentioned in the next preceding Section, or shall 

 tender or offer in response to enquiries made under the provisions of 

 this Act, or in evidence in any prosecution under this Act, any such 

 license, knowing the signature thereto to be false or counterfeit, such 

 person shall be deemed to be guilty of an offence against this Act. 



V. Every person guilty of a violation of any of the provisions 

 of this Act shall, for the first offence, be liable to a fine not exceed- 

 ing One Thousand Dollars, and in default of payment of any such 

 penalty, to imprisonment for a period not exceeding Six Month*, 

 and for the second or any subsequent offence, to imprisonment for a 

 period not exceeding Twelve Months. 



VI. All offenders against the provisions of this Act may be prose- 

 cuted and convicted, and all fines incurred under the provisions of 

 this Act may be sued for and recovered in a summary manner before 

 a Stipendiary Magistrate fey any person who may sue for the same, 

 one half of such fine shall go to the party who may prosecute the 

 offender, and the remainder to the Receiver General for the use of 

 the Colony ; and in the event of the prosecution of an offender, who, 

 under this Act, would not be liable to, or ordered to pay a fine, then 

 the reasonable expenses of the prosecutor, including a fair amount 

 for his time and labor expended in and about such prosecution, shall, 

 on the certificate of the Magistrate who heard the cause, be paid to 

 the prosecutor by the Receiver General. 



VII. If any person convicted under this Act shall feel himself 

 aggrieved by sucn conviction, he may appeal therefrom to the then 

 next sitting of Her Majesty's Supreme Court holden in or nearest to 

 the place where such conviction shall have been had : Provided notice 

 of such appeal, and of the cause and matter thereof, be given to the 

 convicting Magistrate, in writing, within seven days next after such 

 conviction, and the party desiring to appeal shall also, within fourteen 

 days after such notice given, enter into recognizance with two ap- 

 proved sureties before the convicting Magistrate conditioned for the 

 appearance of the person convicted at such next sitting of the 

 712 Supreme Court, on the first day of such sitting, for the prose- 

 cution of the appeal with effect and without delay, to abide the 

 judgment of the Court thereon, and to pay such costs as the Court 



