Power to seize goods. Cf. Com. Customs Storing and disposal of forfeited goods. Former owner to be paid fixed price for goods seized. Power to search for Power to publish information. Com. Inter-State Commission Act, 1912, s. 48. The Prices Regulation Act.-1914. stated in such writing, of such necessary in the custody or under the control of such person, be forfeited to the Crown; and thereupon the same shall be absolutely forfeited to and become the property of the Crown. (2) When any goods have been forfeited as aforesaid, it shall be lawful for any inspector or any member of the Police Force, or any person thereunto authorised in writing by the Minister, with such (if any) assistants as he thinks necessary, to enter into and search any premises or any vessel in which he believes such goods or any part thereof to be, and to seize and take away the same. 15. Any inspector or any member of the Police Force, or any person thereunto authorised in writing by the Minister, may seize any goods upon land or water which he has reasonable cause to believe are forfeited under this Act. 16. Any goods seized under this Act may be taken to and be stored in any place provided by the Minister for the purpose, and may be sold or otherwise disposed of as the Minister directs, or as prescribed by regulation. 17. When any goods are seized under this Act the person who was the owner thereof immediately prior to the forfeiture shall be entitled to be paid therefor by the Minister at the fixed price, after deducting (a) the amount of any penalties imposed on such person in proceedings under this Act, whether in respect of the goods so seized or otherwise, and the amount of any costs awarded against him in such proceedings, or so much of such amounts as have not already been paid, (b) the costs and expenses of any application to the Commission for forfeiture certificates, whether in respect of the goods so seized or any other goods, and (c) the costs and expenses of the search for and seizure and taking away of such goods. 18. Any inspector, any member of the Police Force, or any person thereunto authorised in writing by the Minister, may at any time in the day or night enter into and search any premises or vessel, or part thereof, where any necessary of life, or any goods forfeited under this Act, are or are supposed to be, and, if necessary for that purpose, may break into and use force to enter such premises or vessel or part, and may break open and search any chests, trunks, packages, or other things in which any necessary or any such goods are or are supposed to be. Proceedings of the Commission. 19. The Commission may publish such (if any) information obtained in the exercise of their functions as they think fit. 20. The The Prices Regulation Act.-1914. 20. The Commission may, in connection with the exercise of Evidence may be their functions, take evidence in public or in private. 21. The Commission, in the exercise of any of their functions or powers, shall not be bound by the rules or practice of any court or tribunal as to procedure or evidence, but may conduct their proceedings and inform their minds on any matter in such manner as they think proper; and, without limiting in any way the operation of this section, the Commission may refer any technical matter to an expert and may accept his report as evidence. 22. The Commission may sit at any time and in any place for the purpose of exercising any of their powers or functions, and may adjourn their sittings from time to time and from place to place. 23. No decision, determination, certificate, or other act or proceeding of the Commission shall, in any manner whatsoever, be questioned or reviewed, or be restrained or removed by prohibition, injunction, certiorari, or otherwise howsoever. taken in public or in private. Ibid., s. 49. Commission not to be bound by rules as to procedure or evidence. Cf. Industrial Arbitration Act, 1912, s. 66 (b), s. 21 (n). May sit at any adjourn. time and place, and Cf. ibid., s. 21 (1) (m) Acts and proceedings not liable to be reviewed or restrained of Commission Cf. Com. Inter-State 24. For the purposes of this Act the Commission shall have the Powers of Commission following powers, that is to say: Railways Standing s. (1). They and each of them may by themselves, or by any person 8. 18. (2) They may require, by summons signed by any Commissioner (3) They may by notice in writing, signed as aforesaid, require (4) They may inspect any books, papers, and documents pro- (5) They may examine witnesses on oath, affirmation, or missioner. 25. (1) If any person— (a) who has been duly served with a summons to attend before (b) wilfully Powers of Commis- sion in respect of Punishment for false evidence. Ibid., s. 20. The Prices Regulation Act.-1914. (b) wilfully insults the Commission, or any Commissioner; or (c) misbehaves himself before the Commission; or (d) interrupts the proceedings of the Commission; or (e) being called or examined as a witness in any inquiry or any matter pending before the Commission, refuses to be sworn or to affirm or declare, or to produce the documents mentioned in the summons served upon him. or any of them, or prevaricates in his evidence, or refuses to answer any lawful question, the President or Deputy President may commit such person to gaol for any time not exceeding one month, or may impose on him a penalty not exceeding Fifty Pounds, and in default of immediate payment of such penalty, the President or Deputy President may commit the offender to gaol for any time not exceeding one month unless the fine is sooner paid. (2) In any of the cases aforesaid a warrant in the form or to the effect of the First Schedule may be issued by the President or Deputy President, and such warrant shall be good and valid in law without any other warrant, order, or process whatsoever; and the Commissioner of Police and all members of the Police Force, and the Sheriff, and all gaolers may and shall obey the same. (3) When any person who has been duly served with a summons to attend as a witness before the Commission, and whose expenses as provided in subsection (4) hereof, have been paid or tendered to him, fails to attend in obedience to such summons, the President or Deputy President, upon proof that such person has been duly served with such summons, and that such expenses have been paid or tendered to him, and that his nonappearance was without just cause or reasonable excuse, may issue a warrant in the form or to the effect of the Second Schedule to bring such person before the Commission to give evidence. The provisions of subsection (2) of this section shall apply to any such warrant. (4) Every person required by the Commission to attend shall be allowed such expenses as would be allowed to a witness attending on subpoena before the Supreme Court, and in case of dispute as to the amount to be allowed the same shall be referred to the Master of the Supreme Court who, on request under the hand of the President or Deputy President shall ascertain and certify the proper amount of such expenses. 26. Any person who, upon oath, affirmation, or declaration taken or made under this Act, wilfully and corruptly gives any false evidence before the Commission shall be guilty of perjury and may be imprisoned, with or without hard labor, for any term not exceeding four years. The Prices Regulation Act.-1914. 27. A statement or disclosure made by any witness in answer to any question put to him by the Commission or any of the Commissioners shall not (except in proceedings for an offence against this Act) be admissible in evidence against him in any civil or criminal proceedings in any Court. Indictable Offences in connection with inquiries by the Commission. (a) gives, confers, or procures, or promises or offers to give or (b) attempts by any means to induce a person called or to be (c) asks, receives, or obtains, or agrees or attempts to receive shall be guilty of a misdemeanor and shall be liable to be 29. Any person who practices any fraud or deceit, or knowingly Fraud on witness. makes or exhibits any false statement, representation, token, or Ibid., s. 63. writing, to any person called or to be called as a witness before the Commission, with intent to affect the testimony of that person as a witness, shall be guilty of a misdemeanor, and shall be liable to be imprisoned, with or without hard labor, for any term not exceeding two years. or documents. 30. Any person who, knowing that any book, document, or Destroying books writing is or may be required in evidence before the Commission, wilfully destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, shall be guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding four years. Ibid., s. 65. 31. Any person who wilfully prevents or endeavours to prevent Preventing witness any person who has been summoned to attend as a witness before from attending. the Commission from attending as a witness, or from producing any evidence pursuant to the summons to attend, shall be guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding two years. B-1151 32. Any Injury to witness. Dismissal by employers of witness. Ibid., s. 67. Governor may make regulations. The Prices Regulation Act.-1914. 32. Any person who uses, causes, inflicts, or procures any violence, punishment, damage, loss, or disadvantage to any person for or on account of his having appeared as a witness before the Commission. or for or on account of any evidence given by him before the Commission, shall be guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding one year. 33. (1) Any employer who dismisses any employé from his employment, or prejudices any employé in his employment, for or on account of such employé's having appeared as a witness before the Commission, or for or on account of such employé's having given evidence before the Commission, shall be guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding one year. (2) In any proceedings for any offence against this section it shall lie upon the employer to prove that any employé shown to have been dismissed or prejudiced in his employment was so dismissed or prejudiced for some reason other than a reason mentioned in subsection (1) hereof. Regulations. 34. (1) The Governor may make all such regulations as he deems necessary or convenient for the purposes of this Act, or for more effectually carrying out its objects, and may by any regulation prescribe a penalty not exceeding Fifty Pounds for any breach of that or any other regulation. (2) All regulations (a) shall be published in the Government Gazette ; (b) from the date of such publication, or from a later date fixed by the order making the same, shall (subject to subsection (3) hereof) be of the same effect as if they were enacted by this Act; and (c) shall be laid before both Houses of Parliament within fourteen days after such publication, if Parliament is in Session, and if not, then within fourteen days after the commencement of the next Session of Parliament. (3) If either House of Parliament passes a resolution disallowing any regulation, of which resolution notice has been given at any date within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without affecting the validity or causing the invalidity of anything done, or of the omission of anything, in the meantime. This subsection shall apply notwithstanding that the said fourteen sitting days, or some of them, do not occur in the same Session or Parliament as that in which the regulation is laid before such House. (4) When a resolution has been passed as mentioned in subsection (3) hereof, notice of such resolution shall be published in the Government Gazette. Evidence. |