Directory_and_Chronicle_1940 — Page 102

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Limitation to powers of Courts.

Offences against this Order.

Grave offence against this Order.

ORDERS IN COUNCIL

(5) If he answers that he has been so previously convicted, the Court may proceed to pass sentence on him accordingly, but, if he denies that he has been so previously convicted, or refuses to, or does not, answer such question, the Court shall then inquire concerning such previous conviction, and in such case (where the trial is by jury) it shall not be necessary to swear the jurors again.

Punishments.

59. The powers of the Courts with respect to punishinents are limited as follows:-

(1) The Supreme Court may award in respect of an offence any punishment which may in respect of a similar offence be awarded in England: provided that (a) imprisonment with hard labour shall be substituted for pénal servitude, and (b) the Supreme Court shall not award a fine exceeding £500; or, in case of a continuing offence, in addition to imprisonment or fine, or both, a fine exceeding £1 for each day during which the offence continues after conviction.

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(2) A Provincial Court may award imprisonment, not exceeding twelve months, with or without hard labour, and with or without a fine not exceeding £100; or a fine not exceeding" £100, without imprisonment; or in case of a continuing offence, in addition to imprisonment or fine, or both, a fine not! exceeding 10s. for each day during which the offence continues after conviction.

(3) But nothing in this Article shall be deemed to empower any Court to award for any offence any punishment not authorized by law in relation to that offence.

60.-(1) If any person is guilty of an offence against this Order not distinguished as a grave offence against this Order, he is liable:

(i) To a fine not exceeding £5, without any imprisonment; or (ii) To imprisonment not exceeding one month, without fine; or

ii) To imprisonment not exceeding fourteen days, with a fine noti

exceeding 50s.

(2) Imprisonment under this Article is without hard labour. 61.-(1) If any person is guilty of an offence against this Order, distinguished as a grave offence against this Order, he is liable:

(i) To a fine not exceeding £10, without imprisonment; or

(ii) To imprisonment not exceeding two months, without fine; or (iii) To imprisonment not exceeding one month, with a fine not

exceeding £5.

(2) Imprisonment under this Article is, in the discretion of the Court, with or without hard labour.

62.-(1) The Court may, if it thinks fit, order a person convicted of an assault to pay to the person assaulted by way of damages any sum not exceeding £10.

(2) Damages so ordered to be paid may be either in addition to or in lieu of a fine, and shall be recoverable in like manner as a fine.

(3) Payment of such damages shall be a defence to an action for the assault.

63.-(1) The Court may, if it thinks fit, order a person convicted before it to pay all or part of the expenses of his prosecution, or of his imprisonment or other punishment or of both, the amount being specified's in the order.

(2) Where it appears to the Court that the charge is malicious, on frivolous and vexatious, the Court may, if it thinks fit, order the

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