41. Application of penalty

Any penalty recovered under this Act, not directed to be otherwise applied, may be applied under the direction of the Magistrate’s Court in which it is recovered as follows:

where the complainant is the party aggrieved, a sum not exceeding one-half of the penalty may be paid to him;

where the complainant is not the party aggrieved, there shall be paid to him no part or such part only of the penalty as the Court thinks fit.[39