1884
No. 9 of 1911.
Adjudication of fine and disposal of forfeited articles.
Manner of seizure not to be inquired into by court.
Extracts from register of requisitions
LIQUORS CONSOLIDATION.
76.--(1) The magistrate may adjudicate any portion not exceeding half of a fine under this Ordinance to the informer.
(2) All articles seized and forfeited under this Ordinance shall be sold, or if unsalable shall be destroyed or otherwise disposed of by the Superintendent.
77. On any trial before any magistrate, and in any proceedings on appeal in the Supreme Court relating to any of the above cases to the seizure of articles 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 inquiring 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.
78. 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 is 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, that application has not been made for the permit required and that the permit has not been issued.
79. The magistrate hearing any charge under this Ordinance may require the Government Analyst to report on any technical point, and may order the payment of the fees due in respect of the Government Analyst's report by the defendant in addition to any other penalty, and such fee shall be recoverable in the same way as a penalty imposed under this Ordinance is recoverable.
80. At the hearing of any charge under this Ordinance, the production of a certificate purporting to be signed by the Government Analyst shall be sufficient evidence of the facts therein stated, unless the defendant requires the Analyst to attend.
*
*As amended by Law Rev. Ord., 1924.