road and in making good all damage caused to any road by the construction or abandonment of the tramway or any portion or portions thereof. If no such compensation is payable, or if a portion of the deposited security has been found sufficient to satisfy such compensation, then the deposited security, or such portion thereof as may not be required as aforesaid, shall, if a Receiver has been appointed or the Company are insolvent and are in the course of being wound up, or the undertaking has been abandoned, be paid or transferred to such Receiver or to the liquidator or liquidators of the Company or be duly applied as part of the assets of the Company for the benefit of the creditors thereof, and subject to such application shall be repaid or retransferred to the Company: Provided that until the deposited security has been repaid or retransferred to the Company or has become otherwise applicable as hereinbefore mentioned any interest, dividends or income accruing thereon shall as often as the same shall become payable be paid to the Company.
Miscellaneous.
70. Every fare, charge, penalty or forfeiture imposed by this Ordinance or by any Order in Council or Rule made in pursuance hereof, the recovery of which is not otherwise provided for, may be recovered by summary proceeding before a Magistrate, and on complaint being made to a Magistrate he shall issue a summons requiring the party complained against to appear before any Magistrate at a time and place to be named in such summons, and every such summons shall be served on the party offending either in person or by leaving the same with some inmate at his usual or last known place of abode, and upon the appearance of the party complained against, or in his absence after proof of the due service of such summons, it shall be lawful for any Magistrate to proceed to the hearing of the complaint although no information in writing or in print shall have been exhibited before him, and, upon proof of the offence, it shall be lawful for such Magistrate to convict the offender and upon such conviction to adjudge the offender to pay such fare, charge, penalty or forfeiture as well as such costs attending the conviction as such Magistrate shall think fit.
71. If forthwith, upon any such adjudication as aforesaid, the amount of the fare, charge, penalty or forfeiture and of such costs as aforesaid be not paid, the amount thereof shall be levied by distress, and any Magistrate shall issue his warrant of distress accordingly. The said amount shall be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the overplus arising from the sale of such goods and chattels, after satisfying the amount due and the expenses of the distress and sale, shall be returned on demand to the party whose goods shall have been distrained.
72. The Magistrate by whom any such penalty or forfeiture shall be imposed may, where the application thereof is not otherwise provided for, award one moiety thereof to the use of His Majesty, His Heirs and Successors for the public uses of the Colony and the other moiety to the informer or party prosecuting or complaining.
73. No distress levied by virtue of this Ordinance shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action or suit upon the case.
74. No person shall be liable to the payment of any fare, charge, penalty or forfeiture imposed by virtue of this Ordinance for any offence made cognizable before a Magistrate unless the complaint respecting such offence shall have been made before such Magistrate within six months next after the commission of such offence.
75. It shall be lawful for any Magistrate to summon any person to appear before him or any other Magistrate as a witness in any matter in which a Magistrate shall have jurisdiction under the provisions of this Ordinance, at a time and place mentioned in such summons, and to administer to him an oath to testify the truth in such matter.
17
525
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