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POLICE MAGISTRATES' ORDINANCE.
73
Limit of punish-
V. It shall be competent for a Magistrate to award, as punishment for any Crime or Offence, Imprisonment in any Gaol ment by Magistrate. of this Colony for any period not exceeding Six Calendar Months, with or without Hard Labour; or any Fine not exceeding Fifty Dollars; or both Fine and Imprison ment not exceeding these Limits; and it shall be lawful for the Magistrate to direct any portion of such Imprisonment not exceeding One Month to be solitary, but so that such solitary Imprisonment shall not exceed Fourteen consecutive Days: And further that when any Male Offender shall be convicted under this Ordinance of any Felony, or Misdemeanour after having been previously convicted of Felony or Misdemeanour, it shall be lawful for the Magistrate to direct that, in addition to any other Punish- ment to which he may be sentenced, such Offender shall be Once or Twice publicly or privately whipped.
Corporal punish-
ment in addition.
Manner in which Corporal Punishment is to be inflicted.
VI. Whenever Corporal Punishment shall be inflicted un- der this or any other Ordinance, such Punishment shall in no case exceed Thirty-six Blows with a Rattan, 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.
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Amend may be awarded in addition to punishment.
VII. On the conviction of any Person of any Offence by which Injury or Loss to Person or Property shall have accrued, it shall be lawful for the convicting Magistrate to award reason- able Amends, to be made by the Offeuder to the Person aggrieved, by Payment, in addition to the Penalty to which the Offender may be liab.e 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.
VIII. If any Fine or any Amends or Compensation imposed Recovery of Fines or awarded under this Ordinance shall not be paid on Conviction, and Amends. 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 he imprisoned for any Period not exceeding, together with such other Imprisonment, if any, as may have been awarded for his said Ofence, the Term of Six Calendar Months in the whole.
Power to commit Persons using insult- ing Language to or in presence of Ma- . gistrate.
Calendar Months.
or
Compensation Penalty for malicious Prosecution or false Testimony.
IX. If any Person shall use any threatening or insulting Expression to or concerning or in the presence of a Police Ma- gistrate or Justice of the Peace, when acting in the 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
X. If it shall appear to a Police Magistrate that any Charge or Complaint was maliciously preferred, or that any Witness has given false Testimony, it shall be lawful 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 Compen- sation and impose a Fine not exceeding together the Sum of Fifty Dollars.
XI. Whenever any Person shall enter into any Recogniz- ance or Crown Bond (except Recognizance entered into for ap- pearance before the Supreme Court of this Colony) 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
Recognizances (other than as to Supreme Court) to be echseated in Default.
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