-—-— — -— - 
rr a ne = —— 
or negatived, no proof in relation ‘to the matters so specified 
or negatived shall be required on the part of the informant or 
complainant ; 
4. A conviction or order made in any matter arising under 
this Act, either originally or on appeal, shall not be quashed 
for want of form, and a conviction or order made by a court of 
summary jurisdiction, against which a person is authorized by 
this Act to appeal, shall not be removed by certiorari or other- 
wise, either at the instance of the Crown or of any private 
person, into the High Court, except for the purpose of the 
_ hearing and determination of a special case ; 
5. Whenever it shall appear to the satisfaction of the 
coavicting magistrate that an offence against this Act or any 
regulation made thereunder has been committed in ignorance 
of the law, and that because of the poverty of the offender, the 
fine or penalty imposed would be oppressive, a discretionary 
power may be exercised ; 
6. Any Fishery Overseer or magistrate may upon his own 
view convict for any offence against the provisions of this Act, 
or of any regulation made thereunder, and shall instantly re- 
move or cause to be removed and detain all materials and 
articles illegally in use ; 
7. Where any offence under this Act is committed in, upon, 
or near any waters forming the boundary between different 
counties or districts, such offence may be prosecuted before any 
magistrate or Fishery Overseer, for either of such contiguous 
counties or districts. 48 V.c. 9,s. 30. 
30.—(1) One-half of every fine or penalty imposed by virtue Application 
of this Act shall belong to Her Majesty for the uses of the nest 
Province, and the remaining half shall be paid to the prose- 
cutor, together with any costs which he may have incurred ; 
every fine, penalty or forfeiture imposed by this Act, 
or by the regulations made thereunder, may be recovered on 
parol complaint before any Fishery Overseer or before any 
one of Her Majesty’s Justices of the Peace in and for the county 
where the fine or penalty was incurred or the offence was com- 
mitted or weong done, and in cities, towns and villages in 
which there is a Police Magistrate, before such Police Magis- 
trate, on the oath of one credible witness. 
(2) All materials, implements or appliances used, and all fish 
had in contravention of this Act, or any regulation made there- 
under, shall be confiscated to Her Majesty for the uses of the 
Province, and may be seized and confiscated on view by any 
Fishery Overseer, or taken and removed by any person for 
delivery to any magistrate or Fishery Overseer, and the proceeds 
of disposal thereof may be applied towards defraying expenses 
incurred under the provisions of this Act ; but nothing in this. 
sub-section contained shall apply to any forfeiture of fish 
under the provisions of section 26 of this Act. 
