[23 GEO. 5.]
Child
Children and
[CH. 12.]
Young Persons Act, 1933.
licence granted by the authority, and regulating A.D. 1933. the conditions on which such licences may be granted, suspended, and revoked;
(b) determining the days and hours during which, and the places at which, such persons may engage or be employed in street trading; (c) requiring such persons so engaged or employed
to wear badges;
(d) regulating in any other respect the conduct of
such persons while so engaged or employed.
PART II.
--cont.
in respect
21.-(1) If a person is employed in contravention of Penalties any of the foregoing provisions of this Part of this Act, or and legal of the provisions of any byelaw made thereunder, the proceedings employer and any person (other than the person em- of general ployed) to whose act or default the contravention is provisions attributable shall be liable on summary conviction to a as to em- fine not exceeding five pounds or, in the case of a second ployment. or subsequent offence, not exceeding twenty pounds :
Provided that, if proceedings are brought against the employer, the employer, upon information duly laid by him and on giving to the prosecution not less than three days' notice of his intention, shall be entitled to have any person (other than the person employed) to whose act or default he alleges that the contravention was due, brought before the court as a party to the proceedings, and if, after the contravention has been proved, the employer proves to the satisfaction of the court that the contravention was due to the act or default of the said other person, that person may be convicted of the offence; and if the employer further proves to the satisfaction of the court that he has used all due diligence to secure that the provisions in question should be complied with, he shall be acquitted of the offence.
(2) Where an employer seeks to avail himself of the proviso to the last foregoing subsection,
(a) the prosecution shall have the right to cross- examine him, if he gives evidence, and any witness called by him in support of his charge against the other person, and to call rebutting evidence; and
(b) the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.
15