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Extent of punish- ment to be awarded by the Court.
Directions as to corporal punish- ment.
Power to award amends in certain cases.
Power of a Magistrate out of Sessions in cases of assault, and assault and battery.
Provision in the event of fines imposed or amends directed, not being paid.
ORDINANCE No. 1 OF 1849.
Petty Sessions Court.
Chief Magistrate of Police or person duly authorized to act in his stead; Provided always, that in the event of none of the Justices attending, it shall be fully competent for such Chief Magistrate of Police or person so deputed, to proceed singly to hear, try, and determine such cases as aforesaid, as may be brought before him; and he shall be vested with the same power as is intended to be hereby vested in the Court of Petty Sessions aforesaid: And that for the despatch of business, it shall and may be lawful to and for the said Chief Magistrate of Police, or person so deputed, to adjourn the said Court from day to day.
4. And be it further enacted and ordained, that such Court shall have and power authority to award as punishment on due conviction, for any of the crimes or offences above specified, imprisonment in any of Her Majesty's jails within the Colony for any period not exceeding six calendar months, with or without hard labour; or solitary confinement not exceeding fourteen days at a time, or one month in all; or any fine not exceeding fifty dollars; or both fine and imprisonment not exceeding these limits: And be it further provided, that when any male offender shall be convicted under this Ordinance of larceny, embezzlement, or of the knowingly uttering, or having possession of with intent to utter, counterfeit coin as aforesaid, or of any felony, or of receiving stolen property, it shall be lawful for the Court to direct that, in addition to any other punishment to which he may be liable, the offender be once or twice publicly or privately whipped.
5. And be it further enacted and ordained, that whenever corporal punishment shall be inflicted under this or any previous Ordinance, such punishment shall in no case at any single time exceed thirty-six blows with a rattan, to be inflicted in the presence of the principal jailer, or some other proper person deputed for the purpose by the presiding Magistrate.
6. And be it further enacted and ordained, that on the conviction of any person of an offence by which injury or loss to person or property shall have accrued, it shall be lawful for such Court to award reasonable amends to be made to the person aggrieved, by payment of any sum not exceeding fifty dollars, besides the penalty to which the offender may be liable for the offence, notwithstanding that the aggrieved person may have been examined as a witness in the case.
7. And be it further enacted and ordained, that any one Magistrate of the Colony sitting out of sessions shall have the same power to decide all cases of assault, and assault and battery unaccompanied by an intent to commit felony, as is herein vested in the Court of Petty Sessions in regard to assaults generally. And it is hereby provided, that such Magistrate shall not have power to award amends or compensation; or any punishment greater than six weeks' imprisonment; or a fine not exceeding twenty-five dollars.
8. And be it further enacted and ordained, that if any fine imposed hereunder, or any amends be not paid on conviction, or within such time or times as may be determined by the Court or Magistrate convicting, it shall be lawful for the convicting Court or Magistrate to imprison the offender for any period not exceeding, together with any