262
32
gether, and after the case has been so heard and determined one magistrate may issue all warrants of distress or commit- ment thereon : Provided always that in any case where any such complaint or information is heard and determined by two magistrates, or a conviction or order is made by two magis- trates, such magistrates must be present and acting together during the whole of the hearing and determination of the case.
where two
88. If in any case where two magistrates sit together Procedure they are unable to agree in their decision whether the defendant magistrates or accused is guilty or not guilty, he shall be committed for disagree. trial before the court.
89. Whenever any male offender is convicted by a Flogging. magistrate
(1) under the provisions of either section 44 or section 45 Ordinance of the Offences against the Person Ordinance, 1865, or
No. 2 of
1865.
(2) under section 52 of the Offences against the Person Ordinance Ordinance, 1865, of committing an act of gross indecency with No. 2 of another male person under the age of thirteen, or
1865.
No. 5 of
(3) under section 29 of the Larceny Ordinance, 1865, of Ordinance stealing any ornament or other chattel from the person of any 1865. woman or child, or
(4) under the provisions of section 53 of the Asiatic Ordinance Emigration Ordinance, 1915, or
No. 30 of 1915.
(5) under the provisions of either section 4 or section 7 Ordinance of the Protection of Women and Girls Ordinance, 1897, or
No. 4 of 1897.
(6) under the provisions of the Stowaways Ordinance, Ordinance
No. 3 of
1924.
1924,
the magistrate may, in addition to the punishment awarded (cf. No. 3 for such offence, direct that the offender be flogged.
of 1903).
sentence
90. Whenever any offender whose age appears to the Power to magistrate not to exceed sixteen years is convicted of any juvenile offence other than the offences specified in the Third Schedule, to be
whipped the magistrate may, in lieu of any other punishment to which for certain the offender is liable, and notwithstanding anything to the con- trary in the Peace Preservation Ordinance, 1886, or in the Nos. 10 of Flogging Ordinance, 1903-
offences.
Ordinances
1866 and 3 of 1903,
(a) order such offender to be discharged after due admoni- Third tion; or
(b) order such offender to be delivered to his parent or to his guardian or nearest adult relative or, in the case of the offender being an apprentice or servant, to his master or mis- tress or, in the case of the offender being a schoolboy or school- girl, to the person in charge of the school at which the offender is attending. on such parent, guardian, relative, master, mistress or person in charge of a school executing a bond with or without a surety or sureties that he or she will be responsible for the good behaviour and also, if the magistrate thinks it necessary, for the proper education of the offender for any period not exceeding twelve months; or
Schedule.