1923_LIQUORS_CONSOLIDATION_ORDINANCE__1911 — Page 30

LIQUORS CONSOLIDATION.

No. 9 of 1911.

1885

Government Analyst to be called as a witness; but if the defendant shall require the Government Analyst to be called the magistrate may order him in addition to any other penalty to pay a fee of twenty-five dollars for the attendance of the Government 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 and order the whole or any part of any fine or penalty, and the restitution of the whole or any portion of any articles ordered to be forfeited to any person from whom the same may have been taken.

Governor may stop

of articles

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 inquiry 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.

Protection of informers

of accused persons.

83.-(1) Whenever two or more persons are charged with any offence against this Ordinance, the magistrate may permit any of them to give evidence for the prosecution.

Page 30

¡

LIQUORS CONSOLIDATION.

No. 9 of 1911.

1885

Government Analyst to be called as a witness; but if the defendant shall require the Government Analyst to be called the magistrate may order him in addition to any other penalty to pay a fee of twenty-five dollars for the attendance of the Government 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 and order the whole or any part of any fine or penalty, and the restitution of the whole or any portion of any articles ordered to be forfeited to any person from whom the same may have been taken.

Governor may stop

of articles

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 inquiry 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.

Protection of informers

of accused persons.

83.-(1) Whenever two or more persons are charged with any offence against this Ordinance, the magistrate may permit any of them to give evidence for the prosecution.

Page 30

LIQUORS CONSOLIDATION.

No. 9 of 1911.

1885

Government Analyst to be called as a witness; but if the defendant shall require the Government Analyst to be called the magistrate may order him in addition to any other penalty to pay a fee of twenty-five dollars for the attendance of the Government 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 and order the whole or any part of any fine or penalty, and the restitution of the whole or any portion of any articles ordered to be forfeited to any person from whom the same may have been taken.

Governor may stop

of articles

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 inquiry 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.

Protection of informers

of accused persons.

83.-(1) Whenever two or more persons are charged with any offence against this Ordinance, the magistrate may permit any of them to give evidence for the prosecution.

Page 30