1238 APPENDIX TO BRITISH CASE. 



10. Nothing in this Act, or in any rules and regulations to be 

 made hereiinaer, shall be construed to affect the rights and privi- 

 leges granted by treaty to the subjects of any state or power in 

 amity with Her Majesty. 



11. 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 e^ceed- 

 ing two months; and any Justice of the Peace may grant a warrant 

 of distress to the amount of such penalty and costs; but whenever 

 it appears to the satisfaction of the Justice of the Peace that the 

 offence was committed in ignorance of the law, or that because of 

 the poverty of the defendant the penalties imposed would be oppres- 

 sive, a discretionary power may be exercised. 



(2.) If any defendant has goods and chattels whereon the costs 

 may be levied, the complainant may distrain for the amount 

 under warrant by any Justice of the Peace, notwithstand- 

 ing the imprisonment of the person convicted. 



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

 caught, taken or killed in violation of this Act or any regu- 

 lation under it, shall be confiscated to Her Majesty, and may 

 be seized on view, by any fishery officer, or taken and re- 

 moved by any person for delivery to any Justice of the 

 Peace; and the proceeds arising from the disposal thereof 

 may be applied towards defraying expenses under this Act. 



(4.) A moiety of every penalty levied by virtue of this Act shall 

 belong to Her Majesty, and the other moiety shall be paid 

 to the prosecutor, not being a fishery officer, together with 

 costs taxed to him in respect thereof, but if a fishery officer 

 is the informer, the whole shall belong to Her Majesty. 



(5.) Her Majesty's share of each penalty and all proceeds derived 

 from the sale of confiscated articles under this Act, shall 

 be paid to the Minister of Finance and Customs through 

 the Department of Marine and Fisheries. 



12. Every penalty or forfeiture imposed by this Act, or regula- 

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

 plaint, before any stipendiary Magistrate or Justice of the Peace 

 in a summary manner. 



(2.) Penalties incurred under this Act, or the regulations made 

 under it, shall be sued for within two years from the com- 

 mission of the offence. 



(3.) When not otherwise specified, every proprietor, owner, agent, 

 tenant, occupier, partner, or person actually in charge, 

 either as occupant or servant, shall be presumed 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. 



(4.) No proceeding or conviction under this Act or under any 

 regulation made under it, shall be set aside or quashed for 

 irregularity or defect in form, and no warrant of arrest 

 or commitment shall be held void by reason of any defect 

 therein, if it is therein alleged that the defendant has been 

 convicted, and there is a good and valid conviction to sus- 

 tain the same. 



