1890_GOOD_ORDER_AND_CLEANLINESS_ORDINANCE — Page 16

168

Penalty on common informers for compounding information.

Second offence.

Power to order delivery of goods charged to have been stolen or fraudulently obtained, and

ORDINANCE No. 14 OF 1845.

Good Order and Cleanliness.

Enacted and ordained, that in every case in which any information or complaint of any offence shall be laid before any Magistrate and shall not be further prosecuted, or in which, if further prosecuted, it shall appear to the Magistrate by whom the case shall be heard, that there was no sufficient ground for making the charge, the Magistrate shall have power to award such amends, not exceeding the sum of ten pounds, to be paid by the informer to the party informed or complained against, for his loss of time and expenses in the matter, as to the Magistrate shall seem meet.

5

33. And be it further enacted and ordained, that in case any person shall lodge any information before any Magistrate for any offence alleged to have been committed, by which he was not personally aggrieved, and shall afterwards directly or indirectly receive without the permission of a Magistrate any sum of money or other reward for compounding, delaying, or withdrawing the information, it shall be lawful for any Magistrate to issue his warrant or summons, as he may deem best, for bringing before him the party charged with the offence of such compounding, delay, or withdrawal; and if such offence be proved by the confession of the party or by the oath of any credible witness, such informer shall be liable to a penalty of not more than ten pounds.

34. And be it further enacted and ordained, that for every second or subsequent offence under this Ordinance the offender shall be liable at the discretion of the convicting Magistrate to a penalty in double the amount or to be imprisoned with or without hard labour for any length of time not more than fourteen days where the pecuniary penalty imposed for the first offence does not exceed five pounds, and for any time not more than one calendar month where the pecuniary penalty imposed for the first offence does not exceed ten pounds.

35. And be it further enacted and ordained, that if any goods or money charged to be stolen or fraudulently obtained shall be in the custody of any constable by virtue of any warrant of a Magistrate, or in prosecution of any charge of felony or misdemeanour in regard to the obtaining thereof, and the person charged with stealing or obtaining possession as aforesaid shall not be found, or shall have been summarily convicted or discharged, or shall have been tried and acquitted, or if such person shall have been tried and found guilty, but the property so in custody shall not have been included in any indictment or information upon which he shall have been found guilty, it shall be lawful for the Magistrate to order the goods or money to be delivered to the person appearing to be the rightful owner thereof, or to a constable.