INTOXICATING LIQUORS.
No. 9 of 1911.
1943
and may order the payment of the fees due in respect of the Analyst's report by the defendant in addition to any other penalty, and such fee shall be recoverable in the same way as a penalty imposed under this Ordinance is recoverable.
be sufficient
*
80. At the hearing of any charge under this Ordinance the production of a certificate purporting to be signed by the Government Analyst shall be sufficient evidence of the facts therein stated, unless the defendant requires the Analyst to be called as a witness; but if the defendant shall require the Analyst to be called the Magistrate may order him in addition to any other penalty to pay a fee of $25 for the attendance of the Analyst, such fee to be recoverable in the same way as a penalty imposed under this Ordinance is recoverable.
proceeding
81. It shall be lawful for the Governor to suspend or stop any prosecution or proceeding instituted or proposed to be instituted under this Ordinance and to direct the refund of the whole or any part of any fine or penalty, and the restoration of the whole or any portion of any articles ordered to be forfeited to any person from whom the same may have been taken.
restitution of articles from dis-
82. Except as hereinafter mentioned no information laid under this Ordinance shall be admitted in evidence in any civil or criminal proceeding whatsoever, and no witness shall be obliged or permitted to disclose the name or address of any informer under this Ordinance or state any matter which might lead to his discovery. Moreover, if any books, documents, or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described, or which might lead to his discovery, the Court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery but no further. But if on the trial of any offence under this Ordinance the Magistrate after full enquiry into the case believes that the informer wilfully made in his information a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the Magistrate is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the Magistrate to require the production of the original information and permit inquiry and require full disclosure concerning the informer.
* As amended by No. 8 of 1912 and No. 16 of 1912.
INTOXICATING LIQUORS.
No. 9 of 1911.
1943
and may order the payment of the fees due in respect of the Analyst's report by the defendant in addition to any other penalty, and such fee shall be recoverable in the same way as a penalty imposed under this Ordinance is recoverable.
be sufficient
*
80. At the hearing of any charge under this Ordinance the pro- Certificate of duction of a certificate purporting to be signed by the Government Analyst to Analyst shall be sufficient evidence of the facts therein stated, unless evidence. the defendant requiries the Analyst to be called as a witness; but if the defendant shall require the Analyst to be called the Magistrate may order him in addition to any other penalty to pay a fee of $25 for the attendance of the Analyst, such fee to be recoverable in the same way as a penalty imposed under this Ordinance is recoverable.
proceeding
81. It shall be lawful for the Governor to suspend or stop any Governor prosecution or proceeding instituted or proposed to be instituted may stop under this Ordinance and to direct the refund of the whole or any and order part of any fine or penalty, and the restoration of the whole or any station portion of any articles ordered to be forfeited to any person from forfeited. whom the same may have been taken.
restitution of articles
from dis-
82. Except as hereinafter mentioned no information laid under Protection of this Ordinance shall be admitted in evidence in any civil or criminal informers proceeding whatsoever, and no witness shall be obliged or permitted covery. to disclose the name or address of any informer under this Ordi- nance or state any matter which might lead to his discovery. Moreover, if any books, documents, or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described, or which might lead to his discovery, the Court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery but no further. But if on the trial of any offence under this Ordinance the Magistrate after full enquiry into the case believes that the informer wilfully made in his information a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the Magistrate is of opinion that justice cannot be fully done between the parties thereto without the dis- covery of the informer, it shall be lawful for the Magistrate to require the production of the original information and permit inquiry and require full disclosure concerning the informer.
* As amended by No. 8 of 1912 and No. 16 of 1912.
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