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offence the magistrate, if satisfied that the offence has been knowingly and wilfully committed during a period exceeding ten days, may in addition to the said fine impose a further fine not exceeding fifty dollars per day in respect of each day of such excess.
(2) The proprietor of every factory, workshop or indus- trial undertaking in respect of which any offence against this Ordinance has been committed shall be guilty of a like offence.
Objects and Reasons.
1. Section 8 of the principal Ordinance is as follows:-
8.-(1) Every person who contravenes or attempts to contravene or fails to comply with any provision of this Ordinance or of any by-law made thereunder shall be guilty of an offence against this Ordinance.
(2) The proprietor of every factory, workshop or indus- trial undertaking in respect of which any offence against this Ordinance has been committed shall on summary conviction be liable to a fine not exceeding two hundred and fifty dollars.
(3) It shall be no defence to a prosecution of the pro- prietor of a factory, workshop or industrial undertaking for an offence under this section that the offence was committed without his knowledge or consent or that the actual offender has not been convicted of the offence.
2. It appears therefore that whilst sub-sections (2) and (3) provide for a summary fine in the case of a proprietor even where he is not the actual offender no express provision is made in sub-section (1) for a summary fine on offenders who are not proprietors nor is any special provision made for offences knowingly and wilfully persisted in over a consider- able period.
3. Clause 2 of this Bill recasts the first two sub-sections of section 8 of the principal Ordinance in order to remedy these defects.
September, 1940.
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C. G. ALABASTER,
Attorney General.