1430
Distress.
Application of penalties.
Distress not
want of form,
No. 10 of 1902.
TRAMWAY.
have been exhibited before him, and, upon proof of the offence, it shall be lawful for such magistrate to convict the offender and to order him to pay such fare, charge, penalty or forfeiture, as well as such costs attending the conviction, as he shall think fit.
71. If forthwith, upon any such adjudication as aforesaid, the amount of the fare, charge, penalty or forfeiture, and of such costs as aforesaid be not paid, the amount thereof shall be levied by distress, and any magistrate shall issue his warrant of distress accordingly. The said amount shall be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the overplus arising from the sale of such goods and chattels, after satisfying the amount due and the expenses of the distress and sale, shall be returned on demand to the party whose goods have been distrained.
72. The magistrate by whom any such penalty or forfeiture shall be imposed may, where the application thereof is not otherwise provided for, award one moiety thereof to the informer or party prosecuting or complaining.
73. No distress levied by virtue of this Ordinance shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in a civil action.
Fares, etc., to be sued for within six months.
74. No person shall be liable to the payment of any fare, charge, penalty or forfeiture imposed by virtue of this Ordinance for any offence made cognizable before a magistrate unless the complaint respecting such offence shall have been made before such magistrate within six months next after the commission of such offence.
Power to summon witnesses.
75.--(1) It shall be lawful for any magistrate to summon any person to appear before him or any other magistrate as a witness in any matter in which a magistrate has jurisdiction.
* As amended by Law Rev. Ord., 1924.
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