330
Fine and sureties for keeping the peace, in what cases.
[See ibid.]
No summary conviction
or warrant to
be quashed for want of form. [Sec ibid.]
Procedure in cases of
summary conviction,
[See ibid.]
Magistrates' jurisdiction saved. [Repealed
by Ord. No. 16 of 1878.]
ORDINANCE No. 7 of 1865.
Larceny, &c.
to be kept in solitary confinement for any portion or portions of his imprisonment, or of his imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year; and whenever whipping may be awarded for any indictable offence under this Ordinance, the Court may sentence the offender to be once privately whipped, and the number of strokes ["which shall in no case exceed forty" as amended by Ordinance No. 1 of 1866] and the instrument with which they shall be inflicted shall be specified by the Court in the sentence.
97. Whenever any person shall be convicted of any indictable misdemeanor punishable under this Ordinance, the Court may, if it shall think fit, in addition to or in lieu of any of the punishments by this Ordinance authorized, fine the offender, and require him to enter into his own recognizances and to find sureties, both or either, for keeping the peace and being of good behaviour; and in case of any felony punishable under this Ordinance the Court may, if it shall think fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punishment by this Ordinance authorized: Provided that no person shall be imprisoned under this clause for not finding sureties for any period exceeding one year.
summary
98. No conviction under this Ordinance shall be quashed for want of form, or be removed by certiorari; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
99. Every offence under this Ordinance made punishable on summary conviction by a Police Magistrate, shall be prosecuted, tried, and determined in the manner directed by Ordinance No. 10 of 1844; and every such Police Magistrate shall have, and is hereby invested with full jurisdiction, power, and authority, to deal with, enquire of, try, determine, and punish, every offence under this Ordinance made punishable on summary conviction by a Police Magistrate.
100. Nothing in this Ordinance contained shall prejudice, abridge, diminish, or affect the powers and jurisdiction conferred upon the Magistrates by Ordinance No. 1 of 1863, * but all such powers and jurisdiction shall remain as good, ample, and effectual to all intents and purposes as if this Ordinance had not been passed.