137
28
Distress.
Application
No. 10 of 1902.
TRAMWAY.
it
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, shall be lawful for any magistrate to proceed to the hearing of the complaint although no information in writing shall have been exhibited before him, and, upon proof of the offence, it shall be lawful for such magistrate to convict the offender and to order him to pay such fare, charge,. penalty or forfeiture, as well as such costs attending the conviction, as he 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 have been distrained.
72. The magistrate by whom any such penalty or forfei of penalties. ture shall be imposed may, where the application thereof is not otherwise provided for, award one moiety thereof to the informer or party prosecuting or complaining.
Distress not
want of form.
73. No distress levied by virtue of this Ordinance shall unlawful for he 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 after- wards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in a civil action.
Fares, etc.,
to be sued
for within six
months.
74. No person shall be liable to the payment of any fare, charge, penalty or forfeiture imposed by virtue of this Ordi- nance 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.
TRAMWAY.
137
No. 10 of 1902.
29
summon
witnesses.
*
75.-(1) It shall be lawful for any magistrate to summon Power to any person to appear before him or any other magistrate as a witness in any matter in which a magistrate has jurisdic tion 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.
(2) Every person who,-
(a) having been so summoned, refuses or neglects, without reasonable excuse, to appear at the time and place appointed for that purpose, having been paid or tendered a reasonable sum for his expenses; or
(b) having so appeared, refuses to be examined upon oath or to give evidence before such magistrate,
shall be liable to a fine not exceeding fifty dollars.
76. The magistrate before whom any person shall be Form of convicted of any offence against this Ordinance may cause conviction. the conviction to be drawn up according to the form in Schedule C.
Schedule C.
77. No proceeding before a magistrate in pursuance of Proceedings this Ordinance shall be quashed or vacated for want of form not to be or removed by certiorari or otherwise into the court.
quashed for want of formi.
*
78. Every party who feels aggrieved by any determination Appeal. or adjudication of any magistrate with respect to any fare, charge, penalty or forfeiture under the provisions of this Ordinance, may appeal under the provisions of and in man- [ef. No. 3 of
1890.] ner provided by any Ordinance relating to appeals from a magistrate.
for all damage
act or
79. The company shall be answerable for all accidents, Company to damages and injuries happening through its act or default, be responsible or through the act or default of any person in its employ- through its ment, by reason or in consequence of any of its works or default. cars, and shall save harmless all Departments, and persons collectively and individually, and their officers and servants, from all damages and costs in respect of such accidents, damages and injuries.
80. Notwithstanding anything in this Ordinance contained, Right of the company shall not acquire any right other than that of user of roads
only acquired. user of the roads along or across which the tramway is laid.
* As amended by Law Rev. Ord., 1924.
*
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