240013-1937-Supplementary-Draft-Bills--Pharmacy-and-Poisons-Public-Health-Sanitation-Amendment — Page 14

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(c) the retention of his name on the registrar's list in any year subsequent to the year in which his name is first entered therein.

(4) In this section-

means, in

The expression" relating to him personally relation to a person being a body corporate, relating per- sonally to the members of the board, or to the managers or other officers of the body corporate :

The expression "year means a period of twelve months beginning on such date as the registrar may from time to time determine.

(5) It shall not be lawful for any person whose name is entered in the registrar's list to use in connection with his business any title, emblem or description reasonably calcu- lated to suggest that he is entitled to sell any poison other than a poison which he is under this Ordinance entitled to sell, and if any person acts in contravention of this sub- section he shall be liable on summary conviction, in respect of each offence, to a fine not exceeding two hundred and fifty dollars, and, in the case of a continuing offence, to a further fine not exceeding fifty dollars for every day subsequent to the day on which he is convicted of the offence during which the contravention continues.

PART III-MISCELLANEOUS.

Geo. 5,

23.-(1) A person who acts in contravention of or fails Penalties. to comply with any of the provisions of Part II of this 23 & 24 Ordinance (other than sub-section (5) of section 22 or any c. 25, s. 24. regulations made under this Part) shall, on summary convic- tion, be liable in respect of each offence to a fine not exceeding five hundred dollars, and, in the case of a continuing offence, to a further fine not exceeding one hundred dollars for every day subsequent to the day on which he is convicted of the offence during which the contravention or default continues.

(2) In the ease of proceedings against a person under this section for or in connection with the sale, exposure for sale or supply of a poison effected by an employee—-

(a) it shall not be a defence that the employee acted without the authority of the employer; and

(b) any material fact known to the employee shall be deemed to have been known to the employer.

(3) Notwithstanding any provision in any Ordinance prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Ordinance may be commenced at any time within the period of twelve months next after the date of the commission of the offence, or, in the case of proceedings instituted by, or by direction of the Attorney General, either within the period aforesaid or within the period of three months next after the date on which evidence sufficient in the opinion of the Attorney General to justify a prosecution for the offence comes to his knowledge, whichever period ends on the later date.

For the purposes of this sub-section, a certificate pur- porting to be signed by the Attorney General as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof