ORDINANCE No. 8 of 1865.
Malicious Injuries to Property.
be imprisoned for any term not exceeding two years, with or without hard labour; and in case any such offence shall be committed between the hours of nine o'clock in the evening and six o'clock in the next morning, shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding five years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour.
Summary
851
conviction
in case of injury.
malicious
42. Whosoever shall wilfully or maliciously commit any damage, injury, or spoil to or upon any real or personal property whatsoever, either of a public or private nature, for which no punishment is hereinbefore provided, shall, on conviction thereof before a Police Magistrate, at the discretion of the Magistrate, either be committed to the common gaol, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding two months, or else shall forfeit and pay such sum of money not exceeding twenty-five dollars as to the Magistrate shall seem meet, and also such further sum of money as shall appear to the Magistrate to be a reasonable compensation for the damage, injury, or spoil so committed, not exceeding the sum of twenty-five dollars; which last-mentioned sum of money shall, in the case of private property, be paid to the party aggrieved; and in the case of property of a public nature, or wherein any public right is concerned, the money shall be paid to Her Majesty for the use of the Colony, and in support of the Government thereof; and if such sums of money, together with costs (if ordered,) shall not be paid either immediately after the conviction, or within such period as the Magistrate shall at the time of the conviction appoint, the Magistrate may commit the offender to the common gaol, there to be imprisoned only, or to be imprisoned and kept to hard labour, as the Magistrate shall think fit, for any term not exceeding two months, unless such sums and costs be sooner paid: Provided that nothing herein contained shall extend to any case where the party acted under a fair and reasonable supposition that he had a right to do the act complained of.
43. The provisions in the last preceding section contained shall extend to any person who shall wilfully or maliciously commit any injury to any tree, sapling, shrub, or underwood, for which no punishment is hereinbefore provided.
to certain
cases.
Preceding section to
extend to trees.
Page 15
Page 16
ORDINANCE No. 8 or 1865.
Malicious Injuries to Property.
be imprisoned for any term not exceeding two years, with or without hard labour; and in case any such offence shall be committed between the hours of nine of the clock in the evening and six of the clock in the next morning, shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding five years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour.
Summary
851
conviction
in case of injury.
malicious
42. Whosoever shall wilfully or maliciously commit any damage, injury, or spoil to or upon any real or personal property whatsoever, either of a public or private nature, for which no punishment is herein- before provided, shall, on conviction thereof before a Police Magistrate, at the discretion of the Magistrate, either be committed to the common gaol, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding two months, or else shall forfeit and pay such sum of money not exceeding twenty-five dollars as to the Magistrate shall seem meet, and also such further sum of money as shall appear to the Magistrate to be a reasonable compensation for the damage, injury, or spoil so committed, not exceeding the sum of twenty-five dollars; which last-mentioned sum of money shall, in the case of private property, be paid to the party aggrieved; and in the case of property of a public nature, or wherein any public right is concerned, the money shall be paid to Her Majesty for the use of the Colony, and in support of the Government thereof; and if such sums of money, together with costs (if ordered,) shall not be paid either immediately after the conviction, or within such period as the Magistrate shall at the time of the conviction appoint, the Magistrate may commit the offender to the common gaol, there to be imprisoned only, or to be imprisoned and kept to hard labour, as the Magistrate shall think fit, for any term not exceeding two months, unless such sums and costs be sooner paid: Provided that nothing herein Not to extend. contained shall extend to any case where the party acted under a fair and reasonable supposition that he had a right to do the act complained of.
43. The provisions in the last preceding section contained shall extend to any person who shall wilfully or maliciously commit any injury to any tree, sapling, shrub, or underwood, for which no punishment is herein-before provided.
to certain
cases.
Preceding extend to
section to
trees.
Page 15Page 16
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