193338-1932-Supplementary-Bills-read-a-first-time--Waterworks-Dangerous-Drugs — Page 9

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shall be guilty of an offence against this Ordinance.

(2) Every person guilty of an offence against this Ordin- ance shall, in respect of each offence, be liable-

(a) on conviction or indictinent, to a fine not exceeding ten thousand dollars, and to imprisonment for any term not exceeding ten years; or

(b) on summary conviction, to a fine not exceeding two thousand five hundred dollars and to imprisonment for any term not exceeding twelve months.

(3) Every person who attempts to commit an offence against this Ordinance, or solicits or incites another person to commit such an offence, shall, without prejudice to any other liability, be liable upon summary conviction to the same punishment and forfeiture as if he had committed an offence under this Ordinance.

(4) Where the person convicted of an offence under this Ordinance is a company, the chairman and every director and

every officer concerned in the management of the company shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowledge or consent.

(5) Where the person convicted of an offence under this Ordinance is a firm, every partner in the firm and every person concerned in the management of the firm shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowl- edge or consent.

(6) Notwithstanding the provisions of any enactment which prescribes the time within which proceedings for an offence punishable upon summary conviction may be com- menced, any summary proceedings for an offence under this Ordinance, or for attempting to commit such an offence, or for soliciting or inciting another person to commit such an offence. may be commenced either within the time so pre- scribed or within six months from the date on which evidence sufficient in the opinion of the Superintendent to justify a prosecution comes to his knowledge, whichever time is the longer, and. for the purposes of this sub-section, a certificate purporting to he signed by the Superintendent as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(7) For the purposes of sub-section (6), the issue of a summons or warrant shall be deemed to be the commencement of proceedings, whether such summons or warrant is executed

or not.

(8) For the purpose of removing doubts, it is hereby declared-

(a) that in any proceedings against any person under this Ordinance it is not necessary to negative by evidence any licence. authority or other matter of exception or defence, and that the burden of proving any such matter lies on the person seeking to avail himself thereof; and

(b) that, notwithstanding anything in any other cuact- ment, any term of imprisonment imposed under this Ordinance on any person by a magistrate in respect of the non-payment.