568657-1929-Supplementary-Draft-Bills---Liquors-Amendment — Page 6

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21. The following new sectious

are inserted in the Insertion of principal Ordinance immediately after section 87 there- new sections

of :-

Obligation to give

information.

Improper possession

of labels, etc.

87A and 88 in Ordinance

87A. Every person who is required by the No. 9 of Superintendent, or by any revenue officer 1911. authorised thereto in writing by the Superin- tendent, either generally or for a particular occasion, to give any information on any sub- ject which it is the duty of the Superintendent or revenue officer to inquire into under this Ordinance, and which it is in the power of such person to give, shall give such informa- tion forthwith: provided that nothing in this section shall have the effect of enabling the Superintendent or any revenue officer to put any question to, or to require any answer from, any person who has been charged with an offence against this Ordinance or in whose case the Superintendent has decided to pro- secute under this Ordinance.

88.-(1) No person shall, without lawful authority or excuse, have in his possession any label, wrapper or mark issued by the Superintendent for use under this Ordinance.

(2) No person shall, without lawful author- ity or excuse, have in his possession, with intent that it may be used again, any such label, wrapper Or mark which bas been removed from any cask, jar, bottle or any other receptacle of whatever nature.

(3) No person shall, without lawful author- ity or excuse, have in his possession any label, wrapper or mark so resembling any such label, wrapper or mark as to constitute a colourable imitation thereof, or shall have in his possession any die, block or type apparently intended for the production of any such label, wrapper or mark.

(4) For the purposes of this section, "label", "wrapper or mark", "die", "block", and "

type", shall be deemed respectively to include any portion of a label, wrapper or mark, die, block or type.

22. Section 89 of the principal Ordinance is amended Amendment as follows:-

of Ordinance No. 9 of

(a) by inserting “(1)" immediately after the figures 1911, s. 89.

"89";

(b) by inserting the words “ upon summary convic- tion" immediately after the word "shall" in the ninth line;

(e) by adding the following sub-section at the end

thereof :-

(2) If the magistrate is of opinion that any offence committed against this Ordi- nance was committed with intent to avoid payment of any duty payable under this Ordinance, he may at his option impose a fine not exceeding two thousand dollars, or a fine not exceeding ten times the amount of the duty payable ou the intoxicating liquors 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 a sentence of imprisonment for any term authorised by sub-section (1).