22775-1911-Supplementary-Bills-re-published--Penalties-Amendment — Page 12

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"affidavit and swear`

31. In all Ordinances, unless the contrary intention Meaning of appear, the words "oath" and "affidavit " include, in the "oath ". eases of persons allowed or required by law to declare or to solemnly affirm instead of swearing, “declaration" and "solemn affirmation"; and "Swear", in the like cases, includes “declare" and "solemnly affirm ".

Ordinances

32. Where in any enactment Chinese words or terms Use of are used, or where English words are used, followed, in Chinese ex- brackets or otherwise, by Chinese words or terms whether pressions in in Chinese characters or not, the Chinest words or terms shall be held to be included in the enactment, and the meaning and construction thereof shall be in accordance with Chinese language and custom.

"other" therwise "

63. Where the words "or", “other”, and “otherwise “ Meaning of are used, they shall, unless the contrary intention appear, be constrned" disjametively and not as implying similarity, unless the wond similar", or some other word of like menning, is added.

Nothing in this scetion shall be taken to affect section 11 of the Penalties Amendment Ordinance. 191.

34. Where the offence with which any person is Burden of

charged is:

(4) the doing of any not ; or

(5.) the omission to do any act.

without lawful authority or purpose or reasonable excuse, the proof of such authority, purpose or expuse shall lie on the person charged.

proof where acts done without law-

ful exeuse.

35. In the construction of every Ordinance relating to Meaning of an offence punishable on indictment or on summary convie-" person in tion, the expression “person shall, muless the contrary Criminal intention appear, include a body corporate.

Ordinances,

36. In all enactments, unless the contrary intention Rules as to appear, words importing the masculine gender shall include gender aud fenades, and words in the singular shall include the plural, and words in the plural shall include the singular.

namber.

37. Where any notice, order, or other document is re- Effect of quired by any Ordinance to be published in the Gazelle, notices in or where any documem is published in the Gazette under Gazette. section 26 (3) of the Evidence Ordinance, 1889, a copy of the Gazette in which it is so published shall be primà facic evidence of the facts stated in such notice, order. or document.

38.-(1.) Where under any cunctment any person is re- Application quired to pay any charge or fee for any act or thing done, of foes, or document issued, or signature or seal affixed to any do- nes and

forfeiture. cument, by any public officer or department, or where any person is adjudged by any Court, or other authority duly authorised by law, to pay or forfeit any sum of money, such charge or fee and such sum of money shall be paid into the Treasury, unless the contrary is otherwise provided; and if any such charge or fee, or any commission on money re- ecived or taken possession of, realised or otherwise dealt with, is required to be paid to any public officer or depart- ment, such officer or department receiving the same shall pay it into or account for the same in due course to the Treasury.

(2.) Where under any enactment any thing or any animal is adjudged by any Court, or other authority duly author- ised by law, to be forfeited, it shall, unless the contrary is otherwise provided, or unless it is expressed by law to be forfeited to any person, be forfeited to the Crown, and the net proceeds thereof if it is ordered by competent authority to be sold, shall be paid into the Treasury, unless the con- trary is otherwise provided.

(3.) Nothing in this section shall affect any provision in any existing enactment or any enactment hereafter to be made, whereby any shares of fines or forfeitures, or of pro- eeeds of forfeitures are expressed to be recoverable by any person, or may be granted by any authority to any person or officer.