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(5) If, within twelve months after service of such notice as is mentioned in sub-section (3), an offence against sub- section (1) is proved to have been committed by the same or any other offender in respect of the same premises or any part of the same premises, the person upon whom service is made (and the landlord or tenant also, if such person be an attorney, agent, rent collector, secretary or manager) shall be guilty of an offence, and liable on summary conviction to a fine not exceeding five hundred dollars, unless he proves to the satisfaction of the magistrate that he neither knew nor had reasonable means of knowing that the premises were being used again in contravention of sub-section (1).
(6) Every person who, after having been previously convicted of an offence punishable under this section or under section 10, subsequently commits any such offence (whether each of the convictions has been in respect of an offence of the same description or not) shall be liable on summary conviction to imprisonment for any term not exceeding twelve months, in addition to any punishment to which he may otherwise by law be liable.
Objects and Reasons.
1. The object of clause 2 of this Bill is to correct a typographical error, the substitution of "on" for "or", in section 17 (2) (a) of the principal Ordinance, No. 35 of 1935.
2. The object of clause 3 of the Bill is to enact special provisions for the prohibition of heroin divans, storage places and factories and for the responsibility of landlords of premises in respect thereof on lines similar to the provisions enacted with respect to houses of ill fame by section 3 of Ordinance No. 25 of 1936 and with respect to opium divans by section 15 of Ordinance No. 7 of 1932, as amended by Ordinance No. 7 of 1934.
3. Paragraph (1) (a) of the new section 21A inserted by clause 3 of this Bill in the principal Ordinance further makes it an offence to possess a pipe fit for heroin-smoking with intent that it shall be so used, and in such a case throws the burden of disproving such intent upon the defendant. Heroin pipes are of special manufacture and distinctive. design, resembling opium pipes but easily distinguishable from them.
4. The presumptions raised by paragraphs (e) and (f) of the same new section 21A relating to the finding of two or more heroin pipes and persons found in or escaping from heroin divans are based on provisions of a similar nature in section 16 of Ordinance No. 7 of 1932.
5. Sub-section (5) of new section 21A imposes an additional penalty of 12 months' imprisonment on summary conviction in case of a second or subsequent offence against the provisions of this section or of section 10.
6. The object of new section 21A is to secure at least as great a measure of control over the evil of heroin divans as exists in the case of opium divans.
J. A. FRASER,
April, 1938.
Attorney General.