592 



(3.) Does or attempts to do any other act in breach of this Act, or of 

 any Proclamation, Order in Council, or Regulation under this 

 Act; or 



(4.) Fails or neglects to faithfully observe and perform any duty or 

 obligation imposed on him by this Act or by any Proclama- 

 tion, Order in Council, or Regulation under this Act. 



Penalty. 



18. Every person who commits an offence against this Act is liable to 

 a penalty not exceeding One hundred pounds. 



Recovery of penalties. 



19. All penalties under this Act shall be recovered in a summary way 

 re a Stipendiary Magistrate alone, and upon prosecution by an inspector, 

 me person authorised by him, or by the Minister in that behalf. 



Proof of knowledge. 



20. Whenever in any such prosecution knowledge must be shown, such 

 knowledge shall be presumed, unless and until the contrary is proved, and 

 the defendant satisfies the Court that the want of knowledge was reasonable 

 and was in no way imputable to negligence on the part of himself, his servant , 

 or agent. 



Penalties, etc., to form part of Consolidated Revenue Fund. 



21. All penalties and other moneys ' recovered or received under this 

 Act shall be paid into the Public Account, and form part of the Consolidated 

 Fund. 



Payment of expenses incurred. 



22. All expenses incurred in the administration of this Act shall be 

 paid out of moneys to be appropriated by Parliament for that ptirpose. 



Actions against officers to be commenced within two months of cause. 



23. (i.) No action shall be brought against any inspector or other 

 authorised officer or assistant acting in execution of this Act for anything 

 done in pursuance hereof or under the authority hereof unless such action 

 is commenced within two months after the cause of action arose, nor unless, 

 at least one month before the action is commenced, notice in writing of 

 intention to commence the same, and of the cause thereof, and of the damage 

 claimed, is given to the defendant. 



(2.) The defendant in any such action may give this Act and any 

 special matter in evidence. 



Regulations. 



24. The Governor by Order in Council gazetted, may from time to time 

 make such Regulations as he deems necessary for any part of the purposes 

 following, that is to say : 



(i.) Prescribing the manner in which diseased plants or fruit and 

 infected packages shall be treated, cleansed, destroyed, or other- 

 wise disposed of. 



(2.) Providing for the registration of all orchards, vineyards, and 

 nurseries. 



(3.) Prescribing the matter in respect whereof fees shall be payable 

 under this Act, fixing the amount of such fees, and the mode 

 of the payment and the recovery thereof. 



