CAP. 211]

Malicious Damage.

[s. 47 cont.] aggrieved than such value or amount; and the remaining sums ordered to be paid shall be applied in the same manner as a penalty.

Committal
to prison in default of payment of
forfeiture or
penalty.

c. 97, s. 65.

[54

48. In any 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.

[55

Power for magistrate
to discharge
first offender.

c. 97, s. 66.

49. Where any person is summarily convicted before a magistrate of any offence against this Ordinance, and it is a first conviction, the magistrate may discharge the offender from his conviction on his making such satisfaction to the party aggrieved for damages and costs, or either of them, as may be ascertained by the magistrate.

Summary conviction
to bar any other
proceeding
for the same cause.

24 & 25 Vict. c. 97, s. 67.

Fine and sureties for
keeping the
peace.

c. 97, s. 73.

[56

50. When any person convicted of any offence punishable on summary conviction by virtue of this Ordinance has paid the sum ordered to be paid, together with costs, under such conviction, or has received a remission thereof from the Crown or from the Governor, or has suffered the imprisonment awarded for non-payment thereof or the imprisonment awarded in the first instance, or has been so discharged from his conviction by any magistrate as aforesaid, he shall be released from all further or other proceedings for the same cause.

[57

51. (1) Whenever any person is convicted of any indictable misdemeanor punishable under this Ordinance, the court may, in addition to or in lieu of any of the punishments authorized by this Ordinance, fine the offender, and require him to enter into his own recognizances and to find sureties, both or either, for keeping the peace and being of good behaviour.

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