Power to order
awned, &c.
menced within Six Calendar Months next after such order shall be made.
XXIX. And be it further enacted and ordained, That it restoration of Pro- shall be lawful for any Magistrate to order that any goods pered, awfully unlawfully pawned, pledged, or exchanged, which shall be brought before him, and the ownership of which shall be established to the satisfaction of such Magistrate, shall be delivered up to the owner by the party with whom they were so unlawfully pawned, pledged, or exchanged, either without compensation, or with such compensation to the party in question as the Magistrate may think fit.
Penalty on Pawn-
XXX. And be it further enacted and ordained, That after brokers receiving the passing of this Ordinance every Pawnbroker within the Pledges from per- sons under the age said Colony, and every Agent or Servant employed by any of Twelve Years. such Pawnbroker, who shall purchase, or receive, or take any goods or chattels in pawn or pledge of or from any person apparently under the age of Twelve Years, shall be liable to a Penalty of not more than Ten Pounds.
Unclaimed stolen goods delivered to
sold after Twelve Months.
XXXI. And be it enacted and ordained, That when any the Superintendent goods or money charged to be stolen or unlawfully obtained, of Police may be and of which the owner shall be unknown, shall be ordered by any Magistrate to be delivered to the Superintendent of Police, it shall be lawful for such Magistrate after the expiration of Twelve Calendar Months during which no Owner shall have appeared to claim the same, to order such goods or money to be sold or disposed of towards defraying the expenses of the Police-Force.
Amends
may
be awarded for frivo- lous informations.
Penalty on Com- mon Informers for compounding infor-
mation.
XXXII. And whereas Informations are often laid for the mere sake of gain, or by parties not truly aggrieved, and the offences charged in such informations are not further prosecuted, or it appears upon prosecution that there was no sufficient ground for making the charge; Be it enacted and ordained, That in every case in which any Informatiou or Complaint of any offence shall be laid before any Magistrate and shall not be further prosecuted, or in which, if further prosecuted, it shall to the Magistrate by whom the case shall be heard,
appear that there was no sufficient ground for making the charge, the Magistrate shall have power to award such amends, not ex- ceeding the sum of Ten Pounds, to be paid by the Informer to the party informed or complained against, for his loss of time and expenses in the matter, as to the Magistrate shall seem meet.
XXXIII. And be it further enacted and ordained, That in case any person shall lodge any Information before any Ma- gistrate for any offence alleged to have been committed, by
which
which he was not personally aggrieved, and shall afterwards directly or indirectly receive without the permission of a Ma- gistrate any sum of money or other reward for compounding, delaying, or withdrawing the information, it shall be lawful for any Magistrate to issue his Warrant or Summons, as he may deem best, for bringing before him the party charged with the offence of such compounding, delay, or withdrawal; and if such offence be proved by the confession of the party or by the Oath of any credible witness, such Informer shall be liable to a penalty of not more than Ten Pounds.
XXXIV. And be it further enacted and ordained, That for Second offence. every second or subsequent offence under this Ordinance the offender shall be liable at the discretion of the convicting Ma- gistrate to a penalty in double the amount, or to be imprisoned with or without hard labour for any length of time not more than Fourteen Days where the pecuniary penalty imposed for the first offence does not exceed Five Pounds, and for
any time not more than One Calendar Month where the pecuniary pe- nalty imposed for the first offence does not exceed Ten Pounds.
XXXV. And be it further enacted and ordained, That if Power to order any goods or money charged to be stolen or fraudulently delivery of goods charged to have obtained shall be in the Custody of any Constable by virtue been stolen or frau- of any Warrant of a Magistrate, or in prosecution of any dulently obtained,
and in Custody of charge of Felony or Misdemeanour in regard to the obtaining a Constable. thereof, and the person charged with stealing or obtaining possession as aforesaid shall not be found, or shall have been summarily convicted or discharged, or shall have been tried and acquitted, or if such person shall have been tried and found guilty, but the property so in Custody shall not have been included in any Indictment or Information upon which he shall have been found guilty, it shall be lawful for any Magis- trate to make an order for the delivery of such goods or money to the party who shall appear to be the rightful owner thereof, or in case the owner cannot be ascertained, then to make such order with respect to such goods or money as to such Magis- trate shall seem meet: Provided always, that no such order shall be any bar to the right of any person or persons to sue the party to whom such goods or money shall be delivered, and to recover such goods or money from him, by action at law, provided that such action shall be commenced within six Calendar Months next after such order shall be made.
ces.
XXXVI. And be it further enacted and ordained, That any Power to remand Magistrate, if he shall think fit, may remand any person who
or enlarge Prison- shall be charged before him with any Felony or Misdemeanour ers on recognizan- upon his personal recognizance (with or without sureties) and every such recognizance shall be conditioned for the appearance of such person before the same or some other Magistrate, for further
#
15