68 COLONIAL ORDINANCES.
Ordinance, so to do within a certain Time to be then fixed by the
said Superintendent or other Officer, and that in Default of such
Requisition being complied with, the said Superintendent or other
Officer shall and may cause to be removed such Filth or Obstruction ,
or do or cause to be done such other Matter or Thing as aforesaid ;
and it shall be lawful for the Magistrate before whom the Offender
shall have been convicted to order and adjudge such Offender, in
Addition to the Penalties hereinbefore imposed, to pay such Sum of
Money for defraying the Expenses of such Removal, or of doing such
other Matter or Thing as to such Magistrate shall seem just and
reasonable ; and the Sum so ordered and adjudged shall be reco-
verable in the manner hereinafter provided for the Recovery of
Penalties imposed by this Ordinance.
Compensation for XXXVIII. And be it further enacted and ordained, That every
Hurt or Damage.
Person who, by committing any Offence herein forbidden within the
said Colony, shall have caused any Hurt or Damage to any Person
or Property, may be apprehended with or without any Warrant by
any Constable belonging to the Police Force, and if he shall not
upon Demand, make amends for such Hurt or Damage to the
Satisfaction of the Person aggrieved, he shall be detained by such
Constable in order to be taken before a Magistrate, and upon
Conviction shall pay such a Sum, not exceeding Ten Pounds as
shall appear to the Magistrate before whom he shall be convicted
to be reasonable Amends to the Person aggrieved, besides any
Penalty to which he may be liable for the Offence ; and the
Evidence of the Person aggrieved shall be admissible in Proof of
the Offence.
Not to prevent In- XXXIX. Provided always , and be it further enacted and ordained,
dictment or Action.
That nothing herein contained shall be construed to prevent any
Person from being indicted or being proceeded against by Indictment
or Information for any indictable Offence made punishable on Sum-
mary Conviction by this Ordinance, or to prevent any Person from
being liable to be proceeded against by Action for any Hurt or
Damage caused by him, provided nevertheless that no Person be
punished Twice for the same Offence, and provided no Compensation
shall have been awarded for such Hurt or Damage.
Recovery of Penal- XL. And be it further enacted and ordained, That the Penalties
ties.
imposed by this Ordinance shall be recovered in a Summary Manner
under and according to the Provisions of an Ordinance made and
passed on the Tenth Day of April in the Year of our Lord One
Thousand Eight Hundred and Forty-four, and numbered 10, entitled
An Ordinance to regulate Summary Proceedings before Justices of the
Peace, and to protect Justices in the Execution of their Office.
Imprisonment on XLI. And be it further enacted and ordained, That in every
Non-payment of Pe- case of the Adjudication of a Pecuniary Penalty or Amends under
this Ordinance, and Nonpayment thereof, it shall be lawful for the
Magistrate to imprison the Offender for a Term of not more than
Seven Days where the Penalty imposed shall not exceed Five Pounds,
and not more than Fourteen Days where the Penalty imposed shall
not exceed Ten Pounds, the Imprisonment to cease on Payment of
the Sum due.
XLII.