134
No. 6 of 1865.
Persons in possession of property injured.
[24 & 25 Vict. c. 97 s. 59.]
Intent to injure particular person need not be alleged. [ib. s. 60.]
Apprehension of person in act of committing offence. [ib. s. 61.]
**
offences punishable on summary conviction. [ib. s. 63.]
+
MALICIOUS DAMAGE.
from malice conceived against the owner of the property in respect of which it is committed or otherwise.
SO
50. Every provision of this Ordinance not hereinbefore applied shall apply to every person who, with intent to injure or defraud any other person, does any of the acts hereinbefore made penal, although the offender may be in possession of the property against or in respect of which such act is done.
51(1) In any indictment for any offence against this Ordinance, where it is necessary to allege an intent to injure or defraud, it shall be sufficient to allege that the accused did the act with intent to injure or defraud, as the case may be, without alleging an intent to injure or defraud any particular person.
(2) On the trial of any such offence, it shall not be necessary to prove an intent to injure or defraud any particular person, but it shall be sufficient to prove that the accused did the act charged with an intent to injure or defraud, as the case may be.
52. Any person found committing any offence against this Ordinance, whether the same is punishable on indictment or on summary conviction, may be immediately apprehended, without a warrant, by any officer of police, or by the owner of the property injured or his servant, or by any person authorised by him, and forthwith taken before a Magistrate, to be dealt with according to law.
Abettors in 53. Every person who aids, abets, counsels, or procures the commission of any offence which is by this Ordinance punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, shall, on conviction before a Magistrate, be liable, for every first, second, or subsequent offence of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence as a principal offender is by this Ordinance made liable.
Application of forfeiture or penalty
54. Every sum of money which is ordered to be paid in respect of any injury done shall be assessed in each case by the convicting Magistrate, and shall be paid to the party aggrieved, except where [ib. s. 64.]
$
*As amended by No. 51 of 1911 and No. 21 of 1912.
† As amended by No. 21 of 1912.
$ As amended by No. 50 of 1911, No. 51 of 1911 and No. 21 of 1912.
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