170

Compensation for hurt or damage.

Not to prevent indictment or action.

Recovery of penalties.

Imprisonment on non-payment of penalties.

ORDINANCE No. 14 of 1845.

Good Order and Cleanliness.

imposed, to pay such sum of money for defraying the expenses of such removal, or of doing such other matter or thing as to such Magistrate shall seem just and reasonable; and the sum so ordered and adjudged shall be recoverable in the manner hereinafter provided for the recovery of penalties imposed by this Ordinance.

38. And be it further enacted and ordained, that every person who, by committing any offence herein forbidden within the said Colony, shall have caused any hurt or damage to any person or property, may be apprehended with or without any warrant by any constable belonging to the Police Force, and if he shall not, upon demand, make amends for such hurt or damage to the satisfaction of the person aggrieved, he shall be detained by such constable in order to be taken before a Magistrate, and upon conviction shall pay such a sum, not exceeding ten pounds, as shall appear to the Magistrate before whom he shall be convicted to be reasonable amends to the person aggrieved, besides any penalty to which he may be liable for the offence; and the evidence of the person aggrieved shall be admissible in proof of the offence.

39. Provided always, and be it further enacted and ordained, that nothing herein contained shall be construed to prevent any person from being indicted or being proceeded against by indictment or information for any indictable offence made punishable on summary conviction by this Ordinance, or to prevent any person from being liable to be proceeded against by action for any hurt or damage caused by him, provided nevertheless that no person be punished twice for the same offence, and provided no compensation shall have been awarded for such hurt or damage.

40. And be it further enacted and ordained, that the penalties imposed by this Ordinance shall be recovered in a summary manner under and according to the provisions of an Ordinance made and passed on the tenth day of April in the year of our Lord one thousand eight hundred and forty-four, and numbered 10, entitled, An Ordinance to regulate summary Proceedings before Justices of the Peace, and to protect Justices in the Execution of their Office.

41. And be it further enacted and ordained, that in every case of the adjudication of a pecuniary penalty or amends under this Ordinance, and non-payment thereof, it shall be lawful for the Magistrate to imprison the offender for a term of not more than...

Share This Page