5. Any person who shall commit boycotting as defined Boycotting in this Ordinance shall be deemed to have committed as an offence. cffence against the provisious of this Ordinance,

commit

6. Any person who shall aid, abet, incite, induce or aiding or attempt to incite or induce any person or persons to com- inciting to mit any offence against the provisions of this Ordinance shall be deemed to have committed an offence against the boycott. provisions of this Ordinance.

offence of

7.-(1) Any person who commits any offence against the Penalty provisions of this Ordinance shall be guilty of a misdemea- for offence

against nour ond shall be liable upon summary conviction to a fine Ordinance. not exceeding one thousand dollars or to imprisonment with or without hard labour for a period not exceeding one year or to both such punishments in addition to any other penalty or civil claim to which such person may be legally liable in respect of any act committed by him in er in connection with the commission by him of any offence against the provisions of this Ordinance.

(2.) Any printed, written or otherwise produced do- cuments, papers, matter or pictorial representations seized in connection with any prosecution relating to the com- mission of any offence against the provisions of this Ordi- nance and which shall be in the opinion of the Magistrate Lefore whom such prosecution may have been brought suck as may be intended or calculated to persuade or inluca any person or persons to commit or to aid, abet, incite or induce any person or persons to commit any offence against the provisions of this Ordinance shall be confiscated and dealt with na such. Magistrate may direct.

warrant

8. It shall be lawful for any Justice of the Fence or Power to Magistrate upon the application of any officer of Police enter aml or other person employed under the provisions of this search puder Ordinance for the purpose of carrying out effectively the

premises for provisions of this Ordinance to issue to such officer or provocative jerson a warrant authorising such officer or person to matter. cuter with or without assistance using force in either case if necessary into any dwelling house or other building or any place where such offieur or person may have reusin- able cause to believe that there are any priated, written, otherwise produced documents, papers, matter or pictorial represcutations intended or calculated to persuade or induce any person or persons to commit or to aid, abet, incite or induce any person or persons to commit any offence ugainst the provisions of this Ordinance and having entered upon such premises to search for the same and any such prin- ted, written or otherwise produced documents, papers, mat- ter or pictorial representations so found on such premises shall be thereupon seized by such police officer or person and shatt be forthwith as soon as may be taken by such police officer or person before a Magistrate who shall if he is of the opinion that such printed, written, or other- wise produced document, papers, matter or pictorial repre- sentations are intended or calculated to persuade or induce any person or persons to commit er to aid, abet, incite or induce any person or persons to commit any offence ogainst the provisions of this Ordinance order the same to bc confiscated and dealt with in such manner as he may direct.

9.-(1.) The Governor-in-Council may whenever it shall Proclama. appear to him desirable for the prevention, detection or pun- tion of ishment of offences against the provisions of this Ordinance boycotting declare by Proclamation published in the Gazette that any area in the Colony shall be deemed to be a boyootting

area.

arca.

(2) Upon any such area being declared to be a boyent- Levy of ting area in mancer provided in the preceding sub-section special the Governor-in-Council may order by Proclamation pub rate in

proclaimed lished in the Gazette that a special rate be levied

upon Land RTCS. payable by the inhabitants of such proclaimed arcn. 0

(3.) Any such order for the levy and payment of a Order to spesial rate us aforesaid shall prescribe the amount of such prescribe rate, the class or classes of property upon which such rate shall be levied and the period for which such rate shall be of levy, levied.

amount

and mude

(4.) The payment of any special rate imposed under the Payment provisions of this section shall be made and shall be capable of speciai of being enforced in the same manner as are rates leviest rate. under the provisions of the Rating Ordinance 1901, procid- ed however that notwithstanding any express or implied agreement as to the payment of rates levied under the provisions of the Rating Ordinance, 1901, between the owner and occupier of any tenement upon which any special rate shall be levied under the provisions of this section any such special rate so lecied shall be deemed to be un occupier's rate and the amount thereof, if paid by the owner, may be recovered by such owner from the occupier in an action for money paid to his use or, if such occupier is still in occupation of such tenement, by distress in the same manner us for rent.

(5.) The Governor-in-Council may in his diseration Exemption exempt from the payment of any special rate levied under from the provisions of this section any person who is an occupier paymcat, of or [property owner of property in any area pro- claimed as a boycotting area under the provisions of this section,

(6.) It shall be lawful for the Governor-in-Conneil to Compensa order the payment to any person who may have incurred tion to pecuniary loss or suffered damage by reason of any offence person suffer- committed or believed by the Governor-in-Council to have ing damage. been committed against the provisions of this Ordinance

of the whole or any part of the anonut of any special rato levied under the provisions of this section.

informers

(7.) It shall be lawful for the Governor in-Council Reward to to order the payment from the amount of any special and semine- rate levied under the provisions of this section of such sum vation tor or sums as he may think fit by way of reward to any assistance. person or persons who may have given such information as shall have in the opinion of the Governor-in-Council been of utility in the prevention, detection or punishment of any offence about to be committed or committed against the provisions of this Ordinance or by way of remuneration to any person or persons whom it may be, in the opinion of the Governor-in-Council, desirable to employ for the purpose of carrying out or assisting in carrying out effectively the provisions of this Ordinance.

not assess-

(8.) No special rate levied under the provisions of Special rate this Ordinance shall be liable to assessment for Military note for contribution under the provisions of the Defence Contri- Military bution Ordinance 1901.

Contribu

tion.

10. This Ordinance shall come into operation on the Date of day of

191, but if at the expiration of seven coming into days after the date of the coming into operation of this operation. Onlinance any state of boycotting or condition of boycott-

effect.

ing which may be in existence at the date of the coming into operation of the Ordinance has not entirely ceased and abated it shall be lawful for the Governor-in-Council to Power to declare by Proclamation published in the Gazette that the gise retro- provisions of section 8 of this Ordinance shall operate spective retrospectively and shall be deemed to have been in force as from such date as may by the sail Proclumation be deter- nied and upon the publication of such Proclamation the provisions of section 8 of this Ordinance shall be as from Such date so determined in such Proclamation of fail legal force and effect. For the purpose of this section the expres- sions state of boyeotting" and "condition of boycotting shall mean any such state or condition of affairs as may in the opinion of the Governor-in-Council be regarded as a state of boycotting or condition of boycotting.

Objects and Reasons.

15

The object of this Bill is to enable control to be estal- lished over illegal or improper attempts to cripple local businesses which are being conducted in a lawful manner. The Bill creates offences puuishable with some severity when committed by persons who by act, word or gruphi- cally endeavour to or actually carry out these boycotting projects. It also enables the levy to be made of a special tax payable by persons occupying areas where this class of machination is conceived and operated.

JOHN A. BUC&NILL, Attorney General,

90

rents

eign in)

Share This Page