Section 16. Where an act or omission would, if a person were under seven or twelve years of age, be an offence p

16. Where an act or omission would, if a person were under seven or twelve years of age, be an offence punishable under this Act, and such person is, in the opinion of the Court, apparently under such age, it shall lie on the accused to prove that such person is not under such age. A declaration in writing by a certifying surgeon that he has personally examined a person employed in a factory, and believes him to be under or over the age set forth in such declaration, shall, for the purposes Only one penalty for same kind of offence on one day. Burden of proof as to age. Certifying surgeon's declaration in writing. 198 Factories. [ACT XV purposes of this Act, be admissible as evidence of the age of that person. Occupier primarily liable for breaches of Act.