856
Notice of action.
General issue,
Hard labour.
[Rep. by Ord. No. 18 of 1885.] Solitary confinement
and whipping.
Fine and sureties for keeping the
ORDINANCE No. 8 OF 1865.
Malicious Injuries to Property.
58. All actions and prosecutions to be commenced against any person for anything done in pursuance of this Ordinance shall be commenced within six months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one month at least before the commencement of the action; and in any such action the defendant may plead the general issue, and give this Ordinance and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant has by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial shall be shall certify his approbation of the action.
59. Whenever imprisonment, with or without hard labour, may be awarded for any indictable offence under this Ordinance, the Court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, and such sentence shall be carried out in accordance with the provisions of Ordinance No. 4 of 1863, section 15.*
60. Whenever solitary confinement may be awarded for any indictable offence under this Ordinance, the Court may direct the offender 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.
61. Whenever any person shall be convicted of any indictable misdemeanor punishable under this Ordinance, the Court may, if it shall
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