212 



as hereby amended shall be liable for each offence to a fine not 

 exceeding twenty five dollars nor less than tive dollars, to- 

 gether with the costs of prosecution, and in default of immedi- 

 ate payment of such fine and costs shall be imprisoned in the 

 common gaol of the county where such conviction shall take 

 place, for a period not exceeding three months. 48 Vic. c. 9, s. 28. 



(2) The Justice or Justices shall, in any such conviction, 

 adjudge that the defendant be imprisoned, unless the penalty 

 and also the costs and charges of prosecution and commitment 

 and of conveying the defendant to prison are sooner paid. 



(3) The amount of the costs and charges of the commitment 

 and conveying of the defendant to prison are to be ascertained 

 and stated in the warrant of commitment. 



Warden may 

 convict offen- 

 der on view. 



14. Any of the wardens appointed under the provisions of 

 this Act, or any magistrate may. upon his own view, convict 

 for any offence against the provisions of the said Act or this 

 Act. 



15. One half of 



fine collected under the 



Application of JLtF * W11C liaii Ui everv nne colj( tne P rovl ~ 



fines. sions of the said Act as hereby amended shall be paid to the 



prosecutor or person on whose evidence a conviction is made, 

 and the other half shall be paid to the Treasurer of the Pro- 

 vince ; but the wardens appointed under this Act shall not be 

 entitled to any portion of tines in cases where -they may act as 

 prosecutors. 



Arrest of 

 offenders 



16 (1) Any officer specially authorized under the pro- 

 visions of this Act to enforce the fish and game laws may 

 without process arrest any violator of said laws for an 

 offence committed in. his presence ; and he shall with reason- 

 able diligence cause him to be taken before any justice 

 of the peace for a warrant and trial eith3r in the county 

 where the offence was committed or in the county in which the 

 violator was arrested, and jurisdiction in all cases under the 

 said Act is hereby granted to all justices of the peace, magis- 

 trates, stipendiary magistrates, and all other courts, to be ex- 

 ercised in the same way and manner as if the offence had been 

 committed in their respective counties. Any officer who shall 

 maliciously or without probable cause abuse his power in such 

 proceedings shall be guilty of an offence under this Act. 



Penalties on (2) Sheriffs, deputy-sheriffs, provincial police or constables, 

 officers abus- county constables, police officers, wood-rangers, crown-lands 

 agents, timber agents, fire wardens and fishery inspectors or 

 overseers, are vested with the powers of deputy-wardens and 

 authorized to enforce any of jthe provisions of this Act, and 

 shall receive for their services the same fees. 



Officers (3) Officers authorized to enforce the game laws, and all 



enforcTlaws ^ er persons, may recover the penalties for the yiolation 



thereof in an action on the case in their own name or by com- 



ing their 

 powers 



