ORDINANCE No. 7 of 1865.
Larceny, &c.
833
Proviso where several persons join in commission of same offence.
where he is unknown, and in that case such sum shall be applied in the same manner as a penalty; and every sum which shall be imposed as a penalty by any Police Magistrate, whether in addition to such value or amount or otherwise, shall be paid to Her Majesty for the use of the Colony and in support of the Government thereof: Provided, that where several persons shall join in the commission of the same offence, and shall, upon conviction thereof, each be adjudged to forfeit a sum equivalent to the value of the property or to the amount of the injury, in every such case no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sum or sums forfeited shall be applied in the same manner as any penalty imposed by a Police Magistrate is hereinbefore directed to be applied.
If a person summarily convicted shall not pay, Magistrate may commit him. [See Ord. 8. 12.1]
90. In every case of a summary conviction under this Ordinance, where the sum which shall be forfeited for the value of the property stolen, or taken, or for the amount of the injury done, or which shall be imposed as a penalty by the Police Magistrate, shall not be paid, either immediately after the conviction, or within such period as the Magistrate shall at the time of the conviction appoint, the convicting Magistrate (unless where otherwise specially directed) may commit the offender to the common gaol, there to be imprisoned only, or to be imprisoned and kept to hard labour, according to the discretion of the Magistrate, for any term not exceeding two months, where the amount of the sum forfeited or of the penalty imposed, or of both, (as the case may be,) together with the costs, shall not exceed twenty-five dollars, and for any term not exceeding four months where the amount, with costs, shall not exceed fifty dollars, and for any term not exceeding six months in any other case; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs.
Magistrate may discharge the offender in certain cases.
91. Where any person shall be summarily convicted before a Police Magistrate of any offence against this Ordinance, and it shall be a first conviction, the Magistrate may, if he shall so think fit, discharge the offender from his conviction, upon his making such satisfaction to the party aggrieved for damages and costs, or either of them, as shall be ascertained by the said Magistrate. [See ibid.]
Summary conviction shall be a bar to any other proceeding.
92. In case any person convicted of any offence punishable upon summary conviction by virtue of this Ordinance shall have paid the sum adjudged to be paid, together with costs, under such conviction, or shall have...