Recovery of
fines and forfeitures.
Adjudication of fine and disposal of forfeited articles.
Manuer of seizure not
ed into by Court.
94
spirits or other articles (2) to arrest any person or persons who may appear to have such intoxicating liquors dena- tured spirits or other articles in his or their possession custody or control.
76. All convictions and fines and penalties under this Ordinance or any regulation made thereunder shall be had and recovered in a summary way before a Magistrate but proceedings for the recovery of any such fine or penalty shall be commenced within six months after the offence was committed,
77.—(1.) The Magistrate may adjudicate any portion not exceeding half of a fiue under this Ordinance to the informer.
(2.) All articles seized and forfeited under this Ordinance shall be sold or if unsaleable be destroyed or otherwise disposed of by the Superintendent. The proceeds of any such sale shall be paid into the Treasury as part of the general revenue of the Colony.
78. On any trial before any Magistrate and in any proceedings on appeal in the Supreme Court relating in to be enquir any of the above cases to the seizure of articles subject to restriction under this Ordinance it shall be lawful for such Magistrate or Court and such Magistrate or Court is hereby required to proceed to such trials and to the hearing of such appeals on the merits of the case only without reference to matters of form and without enquiring into the manner or form of making any seizure excepting in so far as the manner or form of seizure may be evidence on such merits.
Extracts
from register of requisi- tions and
permits to be
evidence.
Certificate of
evidence.
79. Every requisition received and a copy of every permit issued by the Superintendent shall be entered in the Superintendent's office in a book or books and the production of any extracts from the said books or of any certificate as to requisitions for and grants of permits certified or purporting to be certified under the hand of the Superintendent shall on the trial of any person charged with an offence under this Ordinance be proof of the facts set out in the said extracts and certificates till the contrary be shown by or for the person so charged and the absence of requisitions and of copies of permits from the said books shall be proof till the contrary is shown in like manner that application has not been made for the permit required and that the permit has not been issued.
80. At the bearing of any charge under this Ordin- Government ance the production of a certificate purporting to be signed Analyst to by the Government Analyst shall be sufficient evidence of be sufficient the facts therein stated, unless the defendant requires that the Analyst should be called as a witness, but if the defendunt shall require the Analyst to be called the Magistrate may order him in addition to any other penalty to pay a fee of $25 for the attendance of the Analyst, such fee to be recoverable in the same way as a penalty imposed under this Ordinace is recoverable, and to be paid into the Treasury.
Magistrate may employ
an analyst to report on technical points.
Governor may stop
81. The Magistrate hearing any charge under this Ordinance may employ an analyst or other skilled person to report on any technical point, and may order the pay- ment of the fee of such analyst by the defendant in addi- tion to any other penalty, and such fee shall be recoverable in the same way as a penalty imposed under this Ordinance is recoverable.
82. It shall be lawful for the Governor to suspend or stop any prosecution or proceeding instituted or proposed proceedings to be instituted under this Ordinance and to direct the refund of the whole or any part of any fine or penalty and the restoration of the whole or any portion of any articles ordered to be forfeited to any person from whom the same may have been taken.
and order restitution of articles forfeited.
Protection of info mers from dis-
covery.
83. Except as hereinafter mentioned no information laid under this Ordinance shall be admitted in evidence in any civil or criminal proceeding whatsoever and no witness shall be obliged or permitted to disclose the name or