ORDINANCES Nos. 4 AND 5 of 1865.
Offences against the Person.
Accessories and Abettors.
65. Whenever any person shall be convicted of any indictable misdemeanor, punishable under this Ordinance, the Court may, if it shall think fit, in addition to or in lieu of any punishment by this Ordinance authorized, fine the offender, and require him to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good behaviour; and in case of any felony, punishable under this Ordinance, otherwise than with death, the Court may, if it shall think fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punishment by this Ordinance authorized: Provided that no person shall be imprisoned for not finding sureties under this section for any period exceeding one year.
775
In what cases fine and sureties for keeping the peace to be awarded.
conviction or warrant to be quashed for want of form.
66. No summary conviction under this Ordinance shall be quashed for want of form, or be removed by certiorari, and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
Procedure in cases of summary conviction.
No. 10 of 1890.3
67. Every offence under this Ordinance made punishable on summary conviction by a Police Magistrate shall be prosecuted, tried, and determined in all respects in the manner directed by Ordinance No. 10 of 1844, and all provisions contained in the said Ordinance shall be applicable to such prosecutions in the same manner as if they were incorporated in this Ordinance: Provided that nothing in this Ordinance contained shall, in any manner otherwise than as respects the punishment, alter or affect any enactment now in force relating to procedure in the case of any offence punishable on summary conviction, or the recovery or application of any penalty or forfeiture for any such offence.
68. This Ordinance shall commence and take effect on the fourteenth day of June, in the year one thousand eight hundred and sixty-five.
No. 5 of 1865.
An Ordinance to consolidate and amend the Enactments in Force in this Colony relating to Accessories to, and Abettors of, Indictable Offences.
[2nd June, 1865.]
WHEREAS it is expedient to consolidate and amend the enactments in force in this Colony relating to accessories to, and abettors of,
Commencement of Ordinance.
Title.
[See 24 & 25 Vic. c. 94.]
Preamble.
ORDINANCES Nos. 4 AND 5 of 1865.
Offences against the Person.
Accessories and Abettors.
65. Whenever any person shall be convicted of
any indictable misdemeanor, punishable under this Ordinance, the Court may, if it shall. think fit, in addition to or in lieu of any punishment by this Ordinance authorized, fine the offender, and require him to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good behaviour; and in case of any felony, punishable under this Ordinance, otherwise than with death, the Court may, if it shall think fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punishment by this Ordinance authorized: Provided that no person shall be imprisoned for not finding suretics under this section for any period. exceeding one year.
775
In what cases fine and sureties for
keeping the
peace to be awarded.
conviction or warrant to be quashed for want of form.
66. No summary conviction under this Ordinance shall be quashed No summary for want of form, or be removed by certiorari, and no warrant of commit- ment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
Procedure in cases of
summary conviction.
No. 10 of
1890.3
67. Every offence under this Ordinance made punishable on sum- mary conviction by a Police Magistrate shall be prosecuted, tried, and determined in all respects in the manner directed by Ordinance No. 10 of 1844, and all provisions contained in the said Ordinance shall be applic-[ See Ord. able to such prosecutions in the same manner as if they were incorporated in this Ordinance: Provided that nothing in this Ordinance contained shall, in any manner otherwise than as respects the punishment, alter or affect any enactment now in force relating to procedure in the case of ny offence punishable on summary conviction, or the recovery or applica- tion of any penalty or forfeiture for any such offence.
68. This Ordinance shall commence and take effect on the fourteenth day of June, in the year one thousand eight hundred and sixty-five.
No. 5 of 1865.
An Ordinance to consolidate and amend the Enactments in Force in this Colony relating to Accessories to, and Abet- tors of, Indictable Offences.
W
[2nd June, 1865.]
HEREAS it is expedient to consolidate and amend the enactments in force in this Colony relating to accessories to, and abettors of,
Commence- ment of Ordinance.
Title.
[See 24 & 25
Vic. c. 94.]
Preamble.
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