CO129-604-7 Expulsion of Undesirables Ordinance 1949 19-8-1949 - 16-12-1949 — Page 95

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(c) order such offender if a male to be whipped with not more than twelve strokes of a light cane or rattan within the court premises and in the presence, if they desire to be present, of the parent, guardian, relative, master, mistress or person in charge of such offender.

Provided that, if the offender is convicted of larceny or of any

offence which now or at any time hereafter is by law deemed or declared to be simple larceny or punishable as simple larceny or of any assault occasioning actual bodily harm or of any indecent assault, the magistrate may make the order speci- fied in paragraph (c) in addition to any other punishment to which the offender is liable.

cases.

91. When a magistrate has authority under any enact- Power to ment to impose imprisonment of any description for an offence, fine in all and has not authority to impose a fine for that offence, a magis- 42 & 43 Vict. trate may notwithstanding, if he thinks that the justice of c. 49, s. 4. the case will be better met by a fine than by imprisonment, impose a fine not exceeding two hundred and fifty dollars: Provided that the magistrate shall not impose on the offender, in default of payment of the fine, any greater term of impri- sonment than that to which such offender would have been hable under the enactment authorising the said imprisonment.

award

92. On the conviction of any person of any offence by Power to which injury or loss to person or property has accrued, the compensation convicting magistrate may order the offender to pay to the per- in addition to son aggrieved reasorable compensation, not exceeding one hundred dollars: in addition to any fine or punishment to which he is sentenced.

punishment.

sentence

93. If any person behaves in an insulting manner or uses Power to any threatening or insulting expression to or concerning or

person using in the presence of a magistrate when acting in the discharge of insulting any magisterial duty, the magistrate may summarily sentence language to

or concerning the offender to imprisonment for any term not exceeding two magistrate. months or to a fine not exceeding fifty dollars.

94. If it appears to a magistrate :-

Power to award com- pensation or

penalty for

malicious prosecution

(1) that any charge or complaint was maliciously preferred without reasonable or probable cause, the magistrate may, on the application of the person against whom the charge or com- or false plaint was made, order the complainant to pay to such person testimony. reasonable compensation not exceeding one hundred dollars : Provided that the award of any such compensation shall be a bar to any civil proceeding for damages by reason of such charge or complaint having been made; or

(2) that any witness, (which shall include a defendant who gives evidence on his own behalf), has wilfully given false testimony, the magistrate may order him to pay a fine not ex- ceeding one hundred dollars.

Provided always that-

(a) before making any order under sub-section (1) the magistrate shall first give the complainant an opportunity of showing cause why the order should not be made, and shall,

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