568
Recovery of penalties.
Mode of recovering penalties.
In actions penalties to be accounted for in like
manner as
other monies payable to the Crown, and plaintiffs to recover full costs of suit.
Limitations
of action, &c.
ORDINANCE No. 8 of 1863.
Fraudulent Marking of Merchandise.
15. In every case in which any person shall have committed or done any offence or act whereby he shall have forfeited or become liable to pay to Her Majesty any of the penalties or sums of money mentioned in the provisions of this Ordinance, every such penalty or sum of money shall or may be recovered in an action of debt, which any person may as plaintiff for and on behalf of Her Majesty commence and prosecute to judgment in the Supreme Court of this Colony, and the amount of every such penalty or sum of money to be recovered in such action shall or may be determined by the jury (if any) sworn to try any issue in such action, and if there shall be no such jury then by the Court or some other jury, as the Court shall think fit, or instead of any such action being commenced such penalty or sum of money shall or may be recovered by a summary proceeding before a Police Magistrate, who upon proof of the offence, either by the confession of the person offending or by the oath or affirmation of one or more credible witnesses, shall convict the offender, and find him liable in the penalty or penalties aforesaid as also in expenses.
16. All penalties sought to be recovered under this Ordinance by a summary proceeding before a Police Magistrate, shall be sued for and recovered under Ordinance No. 10 of 1844.
17. In every case in which judgment shall be obtained in any such action as aforesaid for the amount of any such penalty or sum of money forfeited to Her Majesty, the amount thereof shall be paid by the defendant to the Registrar of the Court, who shall account for the same in like manner as other monies payable to Her Majesty, and, if it be not paid, be recovered, or the amount thereof levied, or the payment thereof enforced, by execution or other proper proceeding, as money due to Her Majesty; and the plaintiff suing on behalf of Her Majesty, upon obtaining judgment, shall be entitled to recover and have execution for all his costs of suit, which shall include a full indemnity for all costs and charges which he shall or may have expended or incurred in, about, or for the purposes of the action, unless the Court, or the Judge thereof, shall direct that costs of the ordinary amount only shall be allowed.
18. No person shall commence any action or proceeding for the recovery of any penalty, or procuring the conviction of any offender in manner hereinbefore provided, after the expiration of three years next after the committing of the offence, or one year next after the first discovery thereof by the person proceeding.