266 EEPORT OF COMMISSIONER OF FISH AND FISHERIES. [8] 



long, with the person being or appearing to be in command or charge 

 of such boat. 



20. (1) Where any offense against this act has been committed by 

 some persons belonging to a sea-fishing boat, the master or person for 

 the time being in charge of such boat shall in every case be liable to 

 be deemed guilty of such offense; provided that if he proves that he 

 issued proper orders for the observance, and used due diligence to en- 

 force the observance of this act, and that the offence in question was 

 actually committed by some other person without his connivance, and 

 that the actual offender has been convicted, or that he has taken all 

 practicable means in his power to prosecute such offender (if alive) to 

 conviction, he shall not be liable to any further punishment than pay- 

 ment of compensation for any injury caused by the offense. 



(2) Any fine or compensation adjudged under this act may be re- 

 covered in the ordinary way, or, if the court think fit so " to Order, by 

 distress or poinding and sale of the sea-fishing boat to which the offen- 

 der belongs, and her tackle, apparel, and furniture, and any property 

 on board thereof or belonging thereto, or any part thereof; provided 

 that, where the boat is a foreign sea-fishing boat,* the court may order 

 that in lieu of any such distress the boat may be detained in some port 

 in the British Islands for a period not exceeding three months from the 

 date of the conviction, and the boat may be detained accordingly, and 

 in such case shall not be distrained. 



21. (1) The court adjudging any fine or forfeiture under this act may, 

 if it think fit, direct the whole or any part thereof to be applied in or 

 towards payment of the expenses of the proceedings; and, subject to 

 such direction, all fines and the proceeds of all forfeitures recovered 

 under this act shall, notwithstanding anything in any act relating to 

 municipal corporations or otherwise, be paid into the exchequer in such 

 manner as the commissioners of the treasury may direct. 



(2) Forfeitures may be destroyed, sold, and disposed of as the court 

 adjudging the forfeiture may direct. 



22. (1) Nothing in this act shall prevent any person being liable un- 

 der any other act or otherwise to any indictment, proceeding, punish- 

 ment, or penalty, other than is provided twice for the same offense. 



(2) Ijfothing in this act, or in any order in council made thereunder, 

 nor any proceedings under such act or order with respect to any matter, 

 shall alter the liability of any person in any action or suit with reference 

 to the same matter, so that person shall be required to pay compen- 

 sation twice in respect of the same injury. 



Application of act. 



23. If at any time after the commencement of this act any convention, 

 treaty, or arrangement respecting sea fisheries is made between Her 

 Majesty and any foreign state, it shall be lawful for Her Majesty by 

 order in council to direct that all or any of the provisions of this act 



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