58705-1918-Supplementary-Bills-read-a-first-time--Bills-of-Exchange-Time-of-Noting--Claims-against-Enemies-Summary-Offences-Amendment--Dangerous-Smoking-Prevention-Peak-District-Residence- — Page 8

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mitted on or from any premises the person in actual Ordinance occupation of such premises shall be liable to the same No. 1 of penalty as the actual offender, provided that if a dwell- 1913. ing house is let out in flats nothing in this section shall have the effect of imposing liability on any person other than the occupier of the flat on or from which the offence was committed,

in the case

20. (L.) Where any offence under paragraph (19) of Liability of section 3 of the principal Ordinance, as enacted by contractor paragraph (4) of section 3 of this Ordinance, is com- of certain initted on or from any place on which a contractor is employed, the contractor shall be liable to the same penalty as the actual offender.

(2.) Where any offence under paragraph (20) of section 3 of the principal Ordinance, as enacted by paragraph (g) of this Ordinance, is committed, the con- tractor on whose behalf the trench, opening or other obstruction was formed shall be liable to the same penalty as the actual offender.

(3.) Where any offence under paragraph (5) of section 8 of the principal Ordinance, as enacted by paragraph (b) of section 6 of this Ordinance, is committed, and the earth, stones, building rubbish, or other materials have been removed from any place on which a contractor is employed, the contractor shall be liable to the same penalty as the actual offender.

offences.

arrest and

21(1.) Notwithstanding anything contained in the Power to Public Health and Buildings Ordinance, 1903, it shall prosecute be lawful for any police officer to arrest any person in certain found committing an offence against any of the provi- cases. sions of sections 78, 82, 185, 210 or 211 of the said Ordinance Ordinance, and to prosecute such person before a No. 1 of magistrate, and every such person shall upon summary conviction at the suit of such police officer be liable to a fine not exceeding one hundred dollars.

(2.) Nothing in this section shall be construed as affecting any other procedure provided by law for the prosecution of any such offence or as preventing the recovery of any greater penalty hitherto recoverable by such procedure.

1903,

22. Section 14 of the principal Ordinance is repealed. Repeal of

Ordinance

Objects and Reasons.

1. The object of this bill is to make various amend- ments in the Summary Offences Ordinance, 1845. Many of these amendments have been under contemplation for a considerable time and have only been awaiting a favourable opportunity for their introduction.

2. Clause 2 transfers to the interpretation section the definition of public place which at present appears in section 11a of the principal Ordinance. The definition applies only to that section. The new definition will apply to the whole Ordinance. A reference to piers has been added. The compound ter thoroughfare or public place has been abandoned for the simple term public place.

3. A considerable part of clause 3 of the bill is con- cerned with a re-arrangement of the wording of section 3 of the principal Ordinance on account of the employ- ment of this new term "public place". In any case, the present terminology is inexact and it seems to be varied unnecessarily throughout the section.

No. 1 of 1845, s. 11.