2270
Powers as to award of compensation to injured husband.
No. 42 of 1912. CHINESE MARRIAGE PRESERVATION.
5.-(a) The Magistrate in addition to the penalty provided under the provisions of this Ordinance may order any person convicted of an offence against the provisions of section 3 sub-section (a) or of section 4 of this Ordinance to pay to the husband of any woman with whom such convicted person shall have committed adultery or whom such convicted person shall have received or harboured compensation which:-
Procedure on default of payment.
Sale of property seized.
Claims in respect of property seized.
Receipt of compensation a bar to action for damages for adultery.
Defence to charge.
(1) in the case of an offence under sub-section (a) of section 3 of this Ordinance shall not exceed the sum of 500 dollars.
(2) in the case of an offence under section 4 of this Ordinance shall not exceed the sum of 200 dollars.
(b) In default of payment of the whole or any part of the said compensation it shall be lawful for the Magistrate to issue a warrant of distress on the goods and chattels of the person convicted and to appoint any fit person or persons to execute the same.
(c) Any goods or chattels seized under any such warrant of distress may be sold by the person executing the same for the purpose of paying the said compensation and the costs of the execution and sale.
(d) Where a claim shall be made to or in respect of property taken in execution under the provisions of this section by any person other than the party against whom such execution shall have issued, such claim shall be heard and determined by the Magistrate upon a summons calling before him such claimant as well as the party on whose behalf such execution issued and the decision of the Magistrate upon such claim shall be final.
6. The receipt by the person in whose favour any order for compensation is made under the provisions of this Ordinance of such compensation shall be a bar to the institution or continuance of any further or other proceedings for damages for adultery against the person by whom such compensation has been paid at the suit of the person to whom such compensation has been paid.
7. It shall be sufficient defence to any charge made under the provisions of section 3 sub-section (a) or of section 4 of this Ordinance if it shall be proved to the satisfaction of the Magistrate that the person so charged had reasonable cause, other than from information supplied by the woman with whom such person is charged.