22491-1911-Supplementary-Bills-read-a-first-time--Harbour-of-Refuge-Amendment — Page 22

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address of any informer under this Ordinance or state any matter which might lead to his discovery. Moreover if any books documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery the Court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery but no further. But if on the trial of any offence under this Ordinance the Magistrate after full enquiry into the case believes that the informer wilfully made in his information a material statement which he knew or believed to be false er did not believe to be true or if in any other proceeding the Magistrate is if opinion that justice cannot be fully done between the parties thereto without the discovery of the informer it shall be lawful for the Magistrate to require the production of the original information and permit inquiry and require full disclosure concerning the informer.

4.--(1.) Whenever two or more persons shall be Examination charged with any offence against this Ordinance the of accused Magistrate may permit one or more of them to give persons. evidence as a witness or witnesses for the prosecution.

Indemnity if

(2.) Every person so permitted to give evidence who shall in the opinion of the Magistrate make true and true and full full discovery of all things as to which he is lawfully discovery examined shall be entitled to receive a certificate of indem- made. nity under the hand of the Magistrate stating that he has made a true and full discovery of all things as to which he was examined and such certificate shall be a bar to all legal proceedings against him in respect of all such things as aforesaid.

(3.) Provided always that any person charged with an Accused offence against this Ordinance may if he thinks fit tender may tender himself to be examined on his own behalf and thereupon himself for may give evidence in the same manner and with the like examination. effect and consequences as any other witness.

85.-(1.) No action shall be brought against any person Notice of for any thing done or bona fide intended to be done in the actions. exercise or supposed exercise of the powers given by this Ordinance or by any rules made thereunder :-

(a) without giving to such person one month's previous notice in writing of the intended action and of the cause thereof;

(b) after the expiration of three months from the date of the accrual of the cause of action;

(c.) after tender of sufficient amends.

(2.) In every action so brought it shall be expressly Malice to be alleged that the defendant acted maliciously and without alleged. reasonable or probable cause and if at the trial the plaintiff shall fail to prove such allegation judgment shall be given for the defendant.

(3.) Though judgment shall be given for the plaintiff Costs. in any such action such plaintiff shall not have costs against the defendaut unless the Court before whom the action is

tried shall certify its approbation of the action.

88. Every person who shall import or aid abet procure Importing or or be interested or concerned in or knowingly derive any profit from the importation of any intoxicating liquors or denatured spirits contrary to the provisions of this Ordin- ance shall be guilty of an offence against this Ordinance.

being con- cerned in the importa- tion of in- toxicating liquors or denatured spirits.

87. Every person who shall contrary to the provisions Being in of this Ordinance receive into or have in his possession possession of custody or control any intoxicating liquors on which the intoxicating duty leviable by law shall not be proved to have been paid liquors on

which duty or which have been illegally imported made or prepared has not been shall be guilty of an offence against this Ordinance. paid or of Provided that no person shall be convicted under this intoxicating section if he proves to the satisfaction of the Court before liquors

illegally which he is tried that he had good and sufficient reason imported to believe that such duty had been paid or that such in- made or toxicating liquors had been legally imported or legally prepared. manufactured.