394 MISCELLANEOUS 



* 



stated with sufficient definiteiiess and complies with the Statute. The 

 contention that the conviction is bad in form because it imposes im- 

 prisonment in default of payment of the fine, is wholly untenable in 

 view of the Statute, 60 Vic., cap. 23, section 1. 



" Whenever, after the passing of this Act, any person shall be con- 

 victed summarily of an offence for which a fine or pecuniary penalty 

 is provided either by any Statute of the Imperial Parliament or by 

 an Act of the Legislature of this Colony, the person making default 

 in the payment of such fine shall be liable to imprisonmnt according 

 to the scale provided in the schedule of this Act, without recourse 

 to distress or other alternative punishment, and upon the imposition 

 of such fine, the corresponding term of imprisonment shall form 

 part of the sentence by implication." Kean versus Winsor, 1906, 

 L.R,. 183. shows the application of this section to a prosecution under 

 11 and 12 Vic. Cap. 44 since that case is not distinguishable in prin- 

 ciple from the present. 



In order to deal with the main objection of the appellants, it 

 becomes necessary to carefully examine the language of Chapter 129 

 under which the prosecution is taken. 



* The first section of the Chapter, sub-section 4, upon which the 

 complaint is framed, is as follows : 



" No person shall (4) take, ship or put or haul on board or assist 

 in taking, shipping, putting or hauling on board of any ship or ves- 

 sel for any purpose whatever, any herring, caplin, squid or other 

 bait-fishes from, on, or near any parts of this Colony or its De- 

 pendencies, or from, or in any of the bays, harbours, or other places 

 therein, without a license in writing to be granted and issued as here- 

 inafter provided." 



The following section (2 of Cap. 129) provides that licenses may be 

 granted for any of the following purposes: (inter alia), (f) to take, 

 ship or put on board a ship or vessel, or to carry or convey on board 

 a ship or vessel, bait-fishes for exportation, for food or consumption, 

 (h) to take, ship or put on board a vessel, or to carry or convey on 

 board a ship or vessel, bait-fishes for exportation, for bait purposes, 

 (1) to take, ship or put on board a ship or vessel, or to carry or convey 

 on board a ship or vessel, coastwise, to be discharged or landed or 

 transhipped to some other ship or vessel, within some port in this 

 Colony." 



A license cannot be issued except under the authority of the Gov- 

 ernor in Council, and the applicant is required by the Statute to first 

 make an affidavit setting forth the following particulars, viz.: the 

 name of the vessel on board of which it is intended to convey or 

 export bait-fishes, the purpose for which such bait-fishes are intended 

 to be conveyed or exported, whether for food or consumption, or for 

 bait purposes, the country to which it is intended to export the same, 

 or the place where the fishery is to be prosecuted for which such bait- 

 fishes are .to be used. 



The Act also contains a provision empowering the Governor in 

 Council from time to time to suspend or limit by proclamation, the 

 operation of the Act. 



If we look at the object of the Statute, we find the Act was passed 

 in the interest of the fisheries of the Colony. It prohibited the sale 

 and exportation of bait and. to make the prohibition effective, it pro- 

 hibited any dealing in bait-fishes in such a way as would lead up to, 



