complaints laid 186. (1) When a complaint is laid and the in- Rewards for formation therefor furnished by a person other than and information a Warden, the Minister may pay a sum not exceeding one-half of the fine so collected to the complainant. (2) When the complaint is laid by a Warden, under information therefor furnished by any other person, the Minister may pay a sum not exceeding one-quarter of the fine so collected to such informer. (3) The Minister may, in his descretion, pay to any Warden a proportion, not exceeding one-quarter of any fine recovered in a prosecution instituted by such Warden, and any sum so paid may be in lieu of or in addition to any other remuneration for his services received by such Warden. FISH. 187. This Part and the respective provisions there- Application of of shall apply to all fishing and rights of fishing and all matters relating thereto, in respect of which the Legislature of Nova Scotia has authority to legislate for the purposes of this Chapter. Non resident to 188. No non-resident shall fish for, catch or take hold license. in any provincial waters any of the kinds or species of fish, the fishing or taking of which is regulated by the Dominion Fishery Act, or by any of the provisions o this Part, with rod and line in the manner known "surface fly fishing." without being the holder of a license so to do; which license the Minister is authorized to issue on payment of the following fees: a license to fish salmon, twenty dollars; a license for any other species of fish, ten dollars. 189. Any non-resident fishing without a license Penalty. shall be liable to a penalty of not less than twentyfive nor more than fifty dollars. observe 190. Licensees shall observe all the provisions Licensee to of this Part and the regulations under the Dominion regulations. Fishery Act. Rod and line fishing only per 191. Except in the case of nets set for gaspermitted in non-eaux in accordance with the regulations made under navigable waters. Natural or artificial propagation of fish. Taking (fish or spawn for stocking, breeding, etc. Tackle used in violation to be forfeited. Penalty. Duty of game wardens to en the Dominion Fisheries Act, no person shall fish in the non-navigable waters of the Province otherwise than in the manner known as rod and line fishing. 192. The Minister may, subject to the control of the Water Power Commission, authorize the reserving, leasing or setting apart of any waters for the natural or artificial propagation of fish; and any person who wilfully destroys or injures any place so set apart or who fishes therein without written permission from the Minister or some person authorized by him or from the lessee or owner, during the period for which the waters are so set apart, shall be liable to a fine not exceeding one hundred dollars. 193. Except as authorized by permit or special license issued by the Minister, no fish or spawn shall be taken in any manner at any time from provincial waters for the purpose of stocking or artificial breeding or for scientific purposes. 194. Any rod, line, reel, net or other tackle or apparatus used by any person in violating any of the provisions of this Part shall be forfeited and may be seized on sight by any Warden or Constable. 195. For any offence against this Part for which no other penalty is provided the penalty shall not be less than ten nor more than fifty dollars. 196. It shall be the duty of the game Wardens force provisions and other officers appointed under this Act to enforce the provisions of this Part, and as far as practicable to aid in the enforcement of the regulations made under the Dominion Fishery Act. License fees etc. to be paid into Treasury. 197. All license fees, fines, penalties and proceeds of forfeitures collected under this Part, except as otherwise provided, shall be paid to the Deputy Minister and by him paid to the Provincial Treasurer. PROCEDURE AND EVIDENCE. Act 198. The provisions of the "Nova Scotia Sum-Summary Conmary Convictions Act," and the form authorized applies. thereunder, as far as applicable and when not inconsistent with this Chapter, shall apply to all prosecutions and proceedings under this Chapter. Jurisdiction of 199. Every Justice within the Province shall have justices, etc. full jurisdiction over every offence under this Chapter, whether the same was committed within or without the city, county, town or other district for which such Justice may have been appointed, and irrespective of the amount or extent of the penalty for such offence by this Chapter imposed; and every summons, order, warrant or other process made or issued by any Stipendiary Magistrate, or Justice, in respect of any offence under the provisions of this Chapter, may be served, executed and enforced by any constable, according to the tenor thereof, in any and every city, county, town or other district within the Province, whether such Constable may have been appointed to act in or for such city, county, town or other district or otherwise. Proceedings, 200. It shall not be necessary in any case to bring how taken. proceedings under this Chapter in the county in which the offence was committed, nor shall it be necessary to allege the offence to have been committed within any particular county or on any particular day; but the time of committing the offence shall be sufficiently alleged if it is stated to have been committed within one year from the filing of the information or complaint, and the place of committing such offence shall be sufficiently alleged if it is stated to have been committed within the Province of Nova Scotia. how laid. 201. (1) The description of an offence in the Information, words of this Chapter or in any similar words, shall be sufficient, and an information or complaint may be for one or more offences, which, if more than one, may be stated in the alternative, or otherwise; and be begun within judgment may be entered for each offence as if there had been a separate information or complaint for each. (2) At any time before judgment the Justice may amend or alter any information and may substitute for the offence charged therein any other offence against the provisions of this Chapter, but if it appears that the Defendant has been materially misled by such amendment, the said justice shall thereupon adjourn the hearing of the case, to some future day, unless the Defendant waives such adjournment. Prosecutions to 202. Every prosecution under this Chapter shall twelve months. be begun within twelve months from the date of the offence and not after, but such limitation shall not run during the absence of the offender from the Province. Witnesses. Imprisonment default of pay 203. Every person charged with any offence against this Chapter, and the wife or husband, as the case may be, of such person, shall be a competent witness, whether the person so charged is charged solely or jointly with any other persons; provided, however, that no husband shall be compelled to disclose any communication made to him by his wife during their marriage, and no wife shall be compelled to disclose any communication made to her by her husband during their marriage. 204. In every case in which a fine or pecuniary ment of fine. penalty is imposed or recovered under this Chapter, the offender or Defendant shall be liable, in default of payment, to imprisonment for one day for every dollar of the fine or penalty imposed. Where party may be impris 205. Notwithstanding anything in this Chapter oned; warrants. contained, in every case in which imprisonment is provided for by this Chapter the party liable thereto may be imprisoned in the common jail of and for the county, district, municipality, incorporated city, town or place in which the conviction is made, or in which the Defendant resides, and the warrant therefor may be addressed to any of the Constables of any such county, district, municipality, incorporated city, town or place in which the conviction is made or the Defendant resides, or to any of the persons authorized under the provisions of this Chapter to execute such warrant, and shall be executed by one of such Constables or persons so authorized. 206. The provisions of this Act relating to juris-Application of diction, penalties, procedure and evidence shall apply to all prosecutions for violation of the game laws, or of the laws relating to the protection of the forests from fire, pending or begun after the date of the passing of this Act, whether the offence was committed before or after such date. 207. Chapter 25, Revised Statutes of Nova Scotia, Acts repealed. 1923, "The Crown Lands Act," and Chapter 153, Revised Statutes of Nova Scotia, 1923, "The Forests and Game Act," are hereby repealed. SCHEDULE. [Form A.] (Section 8.) AFFIDAVIT OF DEPUTY SURVEYOR VERI I,. . . . FYING RETURN. ...of. .in the County of..... Deputy Surveyor of Crown Lands, make oath and say that the several lots of land described in the above list have been actually surveyed by me in accordance with the plans thereof; that all the corner bounds have been set up and that the lines have been well marked. |