CO129-386 - Public Offices & Others - 1911 — Page 420

SII

Arrest of of. fender: with- out warrant.

Recovery of

fines and penalties.

Forfeiture.

Penalties.

Imprison-

ment on non-

payment of Jines.

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(3)-The master of any ship or any other person who shall refuse to allow such Revenue Officer to board his ship or who shall in any way molest or interfere with such Revenue Officer or who shall refuse to exhibit such opinn or chanda to such Revenue Officer shall be liable to a fine not exceeding one hundred dollars in addition to any other punishment to which he may have rendered himself fable under this or any other Proclamation.

48. Any person found committing or attempting to commit an offence or employing aiding or assisting any person to commit an offence against the provisions of this Proclamation may be arrested without warrant by any Police or Revenue Officer and taken with any articles found as to which the offence may have been committed or attempted to have been committed to a Police Station there to be dealt with accord- ing to law and any person suspected to have about his person any article as to which an offence has been committed against the provisions of this Proclamation may be arrested by any Police or Revenue Officer without a warrant and taken to a Police Station there to be dealt with according to law.

49. All convictions and fines and penalties under this Proclama- tion may be had and recovered in a summary way before a Police Magistrate.

50. All opium or chandu with regard to which any offence has been committed against this Proclamation or against any regulation made permit granted or order issued thereunder or in respect of which any breach of the restrictions and conditions subject to or upon which any license has been granted under such order together with the utensils vessels packages carts carriages and conveyances in which the same may be found may be seized by any Police or Revenue Officer and may be forfeited by a Magistrate.

51. Every omission or neglect to comply with or act done con- trary to the provisions of this Proclamation or in breach of any regulation made permit granted or order issued thereunder or in breach of the restrictions and conditions subject to or upon which any license has been issued under such order shall be deemed an offence agajust this Proclamation and for every such offence uot otherwise specially provided for the offender shall in addition to any forfeiture of the articies seized as hereinbefore provided for be liable to the following penalties:-

(For every first offence a fine not exceeding five hundred dollars.

(i)-For every subsequent offence a fine not exceeding one thousand dollars or imprisonment of either description for a term not exceeding six months of to both fine and imprisonment,

52, The period of imprisonment imposed by a Magistrate in respect of the non-payment of any fine under this Proclamation or in respect of the default of a sufficient distress to satisfy any such fine shall be such period of such description simple or rigorous as in the opinion of the Magistrate will satisfy the justice of the case but shall not exceed in any case the maximum fixed by the following scale viz.

Where the fine

does not exceed twenty-five dollars

The period shall not exceed.

two months

exceeds twenty-five dollars but does not

exceed fifty dollars

exceeds fifty dollars but does not exceed

one hundred dollars...

four months

six months

) (

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with an additional two months for every one hundred dollars after the first one hundred dollars of the fine until a maximum period of twelve months is reached: Provided always that--

(a) if before the expiration of such period of imprisonment such a Imprison-

proportion of the fine be paid or levied as is not less than ment to end proportional to the unexpired portion of such period the of imprisonment shall terminate;

proportionate part of fine.

(b) Where a person is scntenced to both fine and imprisonment and Where fine

the fine not being paid is commuted into imprisonment such

and imprison- imprisonment shall be in addition to the imprisonment ordered imprisonment ment ordered by the original sentence.

to be addi- tional to any imprisonment in cammuta. tion of fine.

53.

When any person having been already convicted of any Imprison offence against this Proclamation is again convicted of an offence ment on sub. against this Proclamation the imprisonment for such subsequent offence en con shall unless otherwise ordered be cumulative and shall commence at the cumulative. expiration of any imprisonment to which such person shall have been previously sentenced.

victions to he

res to the

54. All fines received under this Proclamation except those Fines imposed by section thirty-one shall after the adjudication of a portion of and forfeit- the same not exceeding one-half at the discretion of the Magistrate to the Farmers. informer be paid to the Farmer and all articles subject to restriction under this Proclamation seized and forfeited shall be given to the Farmer prosecuting the case except when such articles are declared by the Magistrate to be unfit for use in which case they shall be destroyed. All ships forfeited under this Proclamation shall if the Governor so direct be sold and the proceeds of sale thereof be paid into the Treasury for the use of the State and all fines levied against the Farmer shall be paid into the Treasury for the use of the State.

be inquired into.

55. On any trial before any Magistrate and in any proceeding Manner of on appeal in the Sessions Court relating in any of the above cases to seizure not to the seizure of articles subject to restriction under this Proclamation it shall be lawful for the Judge of the said Court and for the Magistrates and they are hereby respectively required to proceed to such trials and to the bearing of such appeals on the merits of the case only without reference to matters of form and without enquiring into the manner or form, form of making any seizure excepting in so far as the manner and form of seizure may be evidence on such merits,

Matters of

56. Every requisition received and a copy of every permit issued shall be entered in the Office of Imports and Exports at the District in perimits tc. Requisition a book or books and the Faroer shall be entitled without fee to inspect

how proved. and take extracts from the books of entry 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 Registrar of Imports and Exports of the District or his Deputy shall on the trial of any person charged with an offence under this Proclamation 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 mamer that appli- cation has not been made for the permit required and that the permit has not been issued.

57. It shall be lawful for the Governor to suspend or stop any Governor prosecution or proceeding instituted or proposed to be instituted under my stay pro- this Proclamation and to direct the refund of the whole or any part of veedings. any fine or penalty and the restoration of any ships ordered to be forfeited 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.

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