(7) Without prejudice to any liability which would A.D. 1928. have been incurred if this subsection had not been enacted, where the holder of a licence has accepted any sum which pursuant to any byelaw under this section 5 he ought not to have accepted, that sum or any part thereof shall, notwithstanding any stipulation, be recoverable summarily as a civil debt. (8) If any person contravenes or fails to comply with any byelaw under this section he shall be liable 10 upon summary conviction to a fine not exceeding twentyfive pounds: Provided that if the contravention or non-compliance is of or with a byelaw relating to the employment abroad of any female person the offender shall be liable upon 15 summary conviction to be imprisoned, with or without hard labour, for any term not exceeding three months or to a fine not exceeding one hundred pounds, or to both such imprisonment and such fine. (9) Nothing in any byelaw under this section nor 20 any proceeding thereunder shall affect any liability to be proceeded against and punished for an indictable offence. 66 (b) the expression costs" includes all fees and 13.-(1) It shall be the duty of every local Enforceauthority to enforce throughout their area the provisions ment and 30 of this Act and all byelaws thereunder, and for the inspection. purposes of or incidental to such enforcement the local authority may appoint or employ such officers as they consider to be requisite therefor, and any officer so appointed or employed may at all reasonable times 35 enter and inspect any premises used, or which he has reason to believe are used, for the purpose of or in connection with any agency, and may also inspect all books, forms, cards or other documents or papers so far as the same relate or appear to relate to the 40 business carried on on in or or in connection with the agency, and may examine any person with respect to A.D. 1928. Penalty for false statement or forgery of document, &c. (2) If any person (a) obstructs or impedes any such officer in the (c) knowingly gives any false or misleading (d) wilfully refuses to give to any such officer 10 any information which the officer is entitled to demand; he shall be liable upon summary conviction to be 14.-1) If in connection with any application 20 (2) Nothing in this section shall affect any liability to be proceeded against on indictment which would have been incurred if this section had not been enacted, 35 so, however, that no person be twice punished for the same offence. (3) For the purposes of this Act any wilful omission to state in connection with an application for or for the renewal of an agency licence any particular required to be 40 stated shall amount to the making of a false statement to the knowledge of the person making the same. 5 10 15. (1) The local authority for the purposes of this A.D. 1928. Act shall be Local autho (a) as respects the City of London, the Common rities and (b) as respects the administrative county of London (c) as respects a county borough, the council of the (d) elsewhere the county council : Provided that if immediately before the commencement of this Act the council of a borough not being a county borough have under any local or personal Act powers similar to those given by this Act to the council 15 of a county borough, the council of that non-county borough shall be the local authority for the purposes of this Act as though that non-county borough were a county borough, and the provisions of subsection (2) of this section shall extend accordingly; and if any question 20 arises under this proviso between the council of a noncounty borough and the council of the county that question may be referred to and determined by the Secretary of State, whose decision shall be conclusive. (2) Expenses incurred by a local authority under 25 this Act shall, so far as not otherwise met, be defrayed(a) in the case of the Common Council of the City of London, out of the general rate; 30 35 (b) in the case of the London County Council, (c) in the case of a county borough, out of the fund (d) in any other case, out of the county fund. expenses. 16. In this Act a reference to any enactment which Construchas been amended or extended by any subsequent tion of enactment shall be construed as a reference to that enact- references. ment as so amended or extended. 17. This Act in its application to Scotland shall Application 40 be subject to the following modifications:to Scotland. 66 (a) the expression county borough means a A.D. 1928. 52 & 53 Vict. c. 50. 38 & 39 Vict. c. 55. 60 & 61 Vict. c. 38. Application of 52 & 53 Vict. c. 63, s. 37. Repeal of local enactments, &c. hundred and twenty-one a population of or (c) The expenses incurred by a town or county council (d) A reference to a court of quarter sessions shall be (e) A reference to the Public Health Act, 1875, shall not apply; 20 (f) Sections one hundred and eighty-three, one 25 18. Section thirty-seven of the Interpretation Act, 30 " 19. Any provision in any local or personal Act which is the same as or similar to any provision of this Act is hereby repealed, and any licence granted or 40 renewed under any provisions so repealed is hereby determined. |