Factories. [Ch. 30. No. 2.

Ordinance or any regulations or orders made there-
under ;

(7) knowingly makes use of any such false entry
or declaration as aforesaid,

he shall, without prejudice to any other penalty, be
guilty of an offence under this Ordinance, and liable to a
fine of four hundred and cighty dollars, or to imprisonment
for three months.

75. Where an act or default for which an occupier or
owner is liable under this Ordinance is in fact the act
or default of some agent, servant, worker or other person,
that agent, servant, worker or other person shall be guilty
of an offence and liable to the like fine as if he were the
occupier or owner, as the case may be.

76. (1) Where the occupier or owner of a factory is
charged with an offence under this Ordinance, he shall be
entitled, upon information duly laid by him and on giving
to the prosecution not less than three days notice in writing
of his intention, to have any other person whom he charges
as the actual offender brought before the court at the time
appointed for hearing the charge; and if, after the com-
nussion of the offence has been proved, the occupier or
owner of the factory proves to the satisfaction of the
court—-

(a) that he has used all due diligence to enforce
the execution of this Ordinance and of any relevant
regulations or orders made thereunder, and

(6) that the said other person had committed the
offence in question without his consent, connivance,
or wilful default,

that other person shall be summarily convicted of the
offence, and the occupier or owner shall not be guilty
of the offence, and the person so convicted shall, in the
discretion of the court, be also liable to pay any costs
incidental to the proceedings.

The prosecution shall have the right in any such case
to cross-examine the occupier or owner if he gives evidence
and any witnesses called by him in support of his charge,
and to call rebutting evidence.

 

175

Penalty on
persons
actually
committing
offence for
which
occupier is
liable.

Power of
occupier or
owner to
exempt him-
self from
liability on
conviction of
the actual
offender