CO129-504-15 Various ordinances 4-4-1927 - 29-11-1927 — Page 25

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(b) If the accused produces evidence in order

to prove either of those defences the

complainant may then produce evidence in

reply upon that issue.

(c)

Without prejudice to the casting of the

onus on the accused, the complainant is

required to produce as part of his ori-

-ginal case any evidence which he may

have tending to prove that the duty had

not been paid or that the defendant had

not good reason for believing it to have

been paid.

(d) The failure of the complainant to comply

with this requirement will not prejudice

his right to call evidence in reply to

the case for the accused, but the court

will have discretion to allow the accused

to call further evidence in answer to any

evidence which was called by the complain-

•

ant for the first time in reply and not

as part of his original case.

(e) If any dutiable liquors are found on any

licensed premises it is to be presumed

that the liquors were in the possession

of the licensee. This is based on sec-

tion 65 of the principal Ordinance which

has been repealed by section 4 of thes

Ordinance.

(f) Sub-section (4) simply re-enacts that

part of the proviso to the old section 86

which is not embodied in sub-section (1).