103231-1926-Supplementary-Draft-Bill--Post-Office — Page 14

215

35. In any prosecution under this Ordinance in laying of respect of any mail bag or postal packet or anything property. which was contained in or formed part of any mail bags Edw. 7, or postal packet, it shall be sufficient to allege such 48, s. 73. mail bag or postal packet or thing to be the property of the Postmaster General without mentioning his name.

36. In any proceeding for the recovery of any Evidence. postage or other sum alleged to be due under this 8 Edw. 7, Ordinance in respect of any postal packet and in any c. 48, ss. 8. F. prosecution under this Ordinance,-

(1) the production of a postal article having thereon what appears to be any official mark of any postal authority, British or foreign, shall, until the contrary is proved, be prima facie evidence of any fact stated in or indicat- ed by such mark;

(2) the person from whom any postal article pur- ports to have come shall, until the contrary is proved, be deemed to be the sonder thereof; and

(3) any statement contained in any document produced from the custody of the Postmaster General which purports to be made by any postal authority, British or foreign, shall be admissible in evidence, and shall, until the contrary is proved, be deemed to be true.

37.-(1) Every person who-

(a) acts in contravention of, or fails to comply Offences.

with, any provision of this Ordinance or of

any regulation made thereunder; or

(b) acts in contravention of, or fails to comply

with, any condition of any licence issued under this Ordinance or under any regulation. made thereunder; or

(e) attempts to commit an offence against this s Edw. 7.

Ordinance, or solicits or incites another person c. 48, s. 49.

to commit any such offence, or attempts to solicit or incite another person to commit any such offence, or aids, abets, counsels or procures the commission of any such offence,

shall be deemed to commit an offence against this Ordi-

nance.

(2) Where the person convicted of an offence under this Ordinance is a company or other body corporate, the chairman and every director and every officer concerned in the management of the company or other body corporate shall, unless he proves that the act of omission constituting the offence took place without his knowledge and consent, be guilty of the like offence, and shall notwithstanding the provisions of section 2 (1) (g) be liable to all the penalties and consequences to which a natural person is liable upon conviction of the said offence.

(3) Where the person convicted of an offence under the Ordinance is a firm, every partner in the firm and every person concerned in the management of the firm shall, unless he proves that the act or omission constituting the offence occurred without his knowledge and consent, be guilty of the like offence, and shall not- withstanding the provisions of section 2 (1) (g) be liable to all the penalties and consequences to which a natural person is liable upon conviction of the said offence.

38.-(1) Every person who contravenes any of the Pew Ities. provisions of any of the sections specified in the first column of the following table shall be liable to the