598039-1939-Supplementary-Bills-read-a-first-time- — Page 21

Offences.

Penalties.

Forfeiture of oils.

Forfeiture of bond. cf. Ordin- ance No. 6 of 1875.

Forfeiture of deposit.

Forfeiture of licence.

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55. Every person who contravenes any of the provi- sions of this Ordinance or of any regulations made thereunder or who fails to observe any condition or restriction imposed by or under this Ordinance shall be deemed to commit an offence against this Ordinance.

56. (1) Every person who commits or attempts to commit any offence against this Ordinance shall upon sum- mary conviction be liable to a fine not exceeding five hundred dollars, and to imprisonment for any term not exceeding six

months.

(2) If the magistrate is of the opinion that any offence committed against this Ordinance was committed with the intent to avoid payment of any duty payable under this Ordinance, he may impose a fine not exceeding ten times the amount of the duty payable on the hydrocarbon oils in respect of which the offence was committed, notwithstanding the fact that such fine may be in excess of the maximum fine authorized 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 im- prisonment for any term authorized by sub-section (1).

57. It shall be lawful for a magistrate to order to be forfeited to the Crown any oils with respect to which any offence against this Ordinance may have been committed, whether any person shall have been convicted of such offence or not, and upon the making of such order of forfeiture the said oils shall be deemed to be the property of the Crown free from all rights of any person: Provided that it shall

be lawful for the Governor in Council in his absolute dis- cretion to entertain and give effect to any moral claim to or in respect of the said oils.

58. (1) Upon the failure of any condition of any bond required as a condition on the granting of any permit or any licence issued under this Ordinance, the sum secured by the bond shall be deemed to be a debt due to the Crown and may be recovered in an action by the Treasurer in the same manner as Crown fees are recovered upon a certificate pur- porting to be under the hand of the Treasurer.

(2) The recovery of any such sum shall not relieve any person from any other penalty to which he may be liable under this or any other Ordinance.

59.-(1) Upen the breach of any condition of any permit or any licence issued under this Ordinance, any deposit required as a condition on the granting of such permit or licence shall upon application to a magistrate be declared by him to be forfeited to the Crown..

(2) The forfeiture of any such deposit shall not relieve any person from any other penalty to which he may be liable under this or any other Ordinance.

60. Upon the conviction of any licensee under this Ordinance of any offence against this Ordinance, it shall be lawful for the Governor in Council to forfeit the licence of such licensee.