184514-1931-Supplementary-Draft-Bills--Tobacco — Page 14

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56.-(1) A summons may be served on a body Service on corporate or a firm by leaving a copy thereof with an body cor- adult at the last-known address of the body corporate porate or or firm, and if the body corporate or firm does not. appear in answer to such summons the magistrate may proceed ex parte.

(2) In answer to such summons, a body corporate may appear by an officer of such body corporate and a firm may appear by a partner or a responsible

representative of such firm.

Offences, penalties and forfeitures.

firm.

57. Every person who contravenes any of the pro- Offences. visions of this Ordinance or of any regulations made thereunder or who fails to observe any condition or restriction imposed by or under this Ordinance shall be deemed to commit an offence against this Ordinance.

58.-(1) Every person who commits or attempts to Penalties. commit any offence against this Ordinance shall upon

summary conviction be liable-

(a) for a first offence to a fine not exceeding five hundred dollars, and to imprisonment

for any term not exceeding six months;

(b) for a second offence to a fine not exceeding one thousand dollars, and to imprisonment for any term not exceeding one year; (c) for a subsequent offence to a fine not exceed- ing two thousand and five hundred dollars, and to imprisonment for any term not exceeding one year.

(2) If the magistrate is of the opinion that any offence committed against this Ordinance was com. mitted with the intent to avoid payment of any duty payable under this Ordinance, he may impose a fine not exceeding ten times the amount of the duty pay- able on the tobacco in respect of which the offence was committed, notwithstanding the fact that such fine may be in excess, in the case of a first, second or subsequent offence of the maximum fines authorised for first, second or subsequent offences respectively by sub-section (1):

Provided that nothing in this sub-section shall affect the power of the magistrate to impose in lieu of or in addition to any fine imposed under this sub-section & sentence of imprisonment for any term authorised by sub-section (1).

59. It shall be lawful for a magistrate to order to Forfeiture be forfeited to the Crown any tobacco with respect to of tobacco. which any offence against this Ordinance may have been committed,, whether any person shall have been convicted of such offence or not, and upon the making of such order of forfeiture the said tobacco shall be deemed to be the property of the Crown free from all rights of any person: Provided that it shall be lawful for the Governor in Council in his absolute discretion to entertain and give effect to any moral claim to or in respect of the said tobacco.

60.-(1) Upon the failure of any condition of any Forfeiture bond required as a condition on the granting of any of bond. permit or any licence issued under this Ordinance, the sum secured by the bond shall be deemed to be a debt due to the Crown and may be recovered in an action

by the Treasurer in the same manner as Crown fees are recovered under the provisions of the Crown Ordinance Remedios Ordinonao 1275

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