504 ORDINANCE No. 6 of 1862 .
Chief Magistrate and Assistant Magistrate - Abolition.
Manner in which 6. Whenever corporal punishment shall be inflicted under this or any other
corporal
punishment is to Ordinance, such punishment shall in no case exceed thirty- six blows with a rattan ,
be inflicted.
to be inflicted in the presence of the Governor of the Gaol, or Superintendent of Police,
or other officer of Police appointed for that purpose.
Amends may be 7. On the conviction of any person of any offence by which injury or loss to
awarded in
addition to
punishment. person or property shall have accrued, it shall be lawful for the convicting Magistrate
to award reasonable amends, to be made by the offender to the person aggrieved, by
payment, in addition to the penalty to which the offender may be liable for the offence,
of any sum not exceeding fifty dollars , notwithstanding that the aggrieved person may
have been examined as a witness in the case.
Recovery of fines 8. If any fine or any amends or compensation imposed or awarded under this
and amends.
Ordinance shall not be paid on conviction , or within such time or times as may be
determined by the Magistrate, it shall be lawful for such Magistrate to levy the amount
by distress on the goods and chattels of the offender. And in case the amount of any fine
or amends or compensation , shall not be fully paid or recovered by distress, or in case
no such distress shall have been levied or ordered , it shall be lawful for such Magistrate
to cause the offender to be imprisoned for any period not exceeding, together with such
other imprisonment , if any, as may have been awarded for his said offence, the term of
six calendar months in the whole.
Power to commit 9. If any person shall use any threatening or insulting expression to or concerning
persons using
insulting or in the presence of a Police Magistrate or Justice of the Peace, when acting in the
language to or in
presence of
Magistrate . discharge of any magisterial duty, he shall be liable to be fined by the said Magistrate
or Justice of the Peace in an amount not exceeding fifty dollars, or to be imprisoned
for a term not exceeding two calendar months .
Compensation or 10. If it shall appear to a Police Magistrate that any charge or complaint was
penalty for
malicious prose
cution or false maliciously preferred, or that any witness has given false testimony, it shall be lawful
testimony,
for such Magistrate to award compensation not exceeding fifty dollars to be paid by
such prosecutor or witness to the person aggrieved, or in his discretion to impose on
such prosecutor or witness a fine not exceeding fifty dollars, or to award compensation
and impose a fine not exceeding together the sum of fifty dollars.
Recognizances 11. Whenever any person shall enter into any recognizance or Crown bond (except
(other than as to
Supreme Court) recognizances entered into for appearance before the Supreme Court of this Colony)
to be estreated
in default.
before any Magistrate, Justice of the Peace or any officer of Police, and such
bond or recognizance shall become forfeited, it shall be lawful for a Magistrate to
summon the person bound by the said recognizance or bond before him, and on
satisfactory proof of forfeiture or breach of condition, to order the said recognizance
or bond to be estreated and to authorize a constable of this Colony to levy the amount
or penalty of the said recognizance or bond upon the goods, chattels, lands, and
tenements of the defaulter, and in case there shall be no sufficient goods, chattels, lands,
or tenements to satisfy the amount of the distress warrant, the defaulter shall be liable
to imprisonment for any term not exceeding three months.