MALICIOUS DAMAGE.
No. 6 of 1865.
67
51. Where an intent to injure or defraud is one of the constituent elements of an offence under this Ordinance, 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.
24 & 25 Vict. c. 97, s. 60.
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 authorized by him, and forthwith taken before a magistrate, to be dealt with according to law.
24 & 25 Vict. c. 97, s. 61.
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, on summary conviction, except where he is unknown, and in that case such sum shall be applied in the same manner as a penalty: Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is ordered to pay a sum equivalent to the amount of the injury done, no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sums ordered to be paid shall be applied in the same manner as a penalty.
24 & 25 Vict. c. 97, s. 64.
55. In every case of a summary conviction under this Ordinance, where the sum which is ordered to be paid in respect of the injury done, or which is imposed as a penalty by the magistrate, is not paid, either immediately after the conviction or within such period as the magistrate may at the time of the conviction appoint, the convicting magistrate (unless where otherwise specially directed) may sentence the offender to imprisonment under and in accordance with the provisions of any Ordinance relating to the jurisdiction of magistrates and the practice and procedure before them in respect of offences punishable on summary conviction.
24 & 25 Vict. c. 97, s. 65.