ORDINANCE No. 8 of 1865.
Malicious Injuries to Property.
855
Proviso where several persons join in commission of same offence.
Government thereof: Provided that where several persons shall join in the commission of the same offence, and shall, upon conviction thereof, each be adjudged to forfeit a sum equivalent to the amount of the injury done, in every such case no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sum or sums forfeited shall be applied in the same manner as any penalty imposed by a Police Magistrate is hereinbefore directed to be applied.
55. In every case of a summary conviction under this Ordinance, where the sum which shall be forfeited for the amount of the injury done, or which shall be imposed as a penalty by the Magistrate, 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 convicting Magistrate (unless where otherwise specially directed) may commit the offender to the common gaol, there to be imprisoned, only, or to be imprisoned and kept to hard labour, according to the discretion of the Magistrate, for any term not exceeding two months, where the amount of the sum forfeited, or of the penalty imposed, or of both, (as the case may be), together with the costs, shall not exceed twenty-five dollars; and for any term not exceeding four months where the amount, with costs, shall not exceed fifty dollars; and for any term not exceeding six months in any other case; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs.
If a person convicted summarily shall not pay, &c., the Magistrate may commit him.
Magistrate may discharge offender in certain cases.
56. Where any person shall be summarily convicted before a Police Magistrate of any offence against this Ordinance, and it shall be a first conviction, the Magistrate may, if he shall so think fit, discharge the offender from his conviction upon his making such satisfaction to the party aggrieved for damages and costs, or either of them, as shall be ascertained by the Magistrate.
Conviction shall be a bar to any other proceeding.
57. When any person convicted of any offence punishable upon summary conviction by virtue of this Ordinance, shall have paid the sum adjudged to be paid, together with costs, under such conviction, or shall have received a remission thereof from the Crown, or from the Governor, or shall have suffered the imprisonment awarded for non-payment thereof, or the imprisonment awarded in the first instance, or shall have been so discharged from his conviction by any Magistrate as aforesaid, he shall be released from all further or other proceedings for the same cause,
ORDINANCE No. 8 or 1865.
Malicious Injuries to Property.
855
Proviso where several
commission of same offence.
Government thereof: Provided that where several persons shall join in the commission of the same offence, and shall, upon conviction thereof, persons join in each be adjudged to forfeit a sum equivalent to the amount of the injury. done, in every such case no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sum or sums forfeited shall be applied in the same manner as any penalty imposed by a Police Magistrate is hereinbefore directed to be applied.
55. In every case of a summary conviction under this Ordinance, where the sam which shall be forfeited for the amount of the injury done, or which shall be imposed as a penalty by the Magistrate, 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 convicting Magistrate (unless where otherwise specially directed) may commit the offender to the common gaol, there to be imprisoned, only, or to be imprisoned and kept to hard labour, according to the discretion of the Magistrate, for any term not exceeding two months, where the amount, of the sum forfeited, or of the penalty imposed, or of both, (as the case may be), together with the costs, shall not exceed twenty-five dollars; and for any term not exceeding four months where the amount, with costs, shall not exceed fifty dollars; and for any term not exceeding six months in any other case; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs.
If a person convicted
summarily
shall not pay, &c., the Magistrate may commit him.
may discharge offender in certain. cases.
56. Where any person shall be summarily convicted before a Police Magistrate Magistrate of any offence against this Ordinance, and it
hall be a first conviction, the Magistrate may, if he shall so think fit, discharge the. offender from his conviction upon his making such satisfaction to the party aggrieved for damages and costs, or either of them, as shall be ascertained by the Magistrate..
conviction shall be a bar to any other proceeding.
57. When any person convicted of any offence punishable upon Summary summary conviction by virtue of this Ordinance, shall have paid the sum adjudged to be paid, together with costs, under such conviction, or shall have received a remission thereof from the Crown, or from the Governor, or shall have suffered the imprisonment awarded for non-payment thereof, or the imprisonment awarded in the first instance, or shall have been so discharged from his conviction by any Magistrate as aforesaid, he shall be released from all further or other proceedings for the same cause,
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