ORDINANCE No. 4 of 1865.
Offences against the Person.
767
females and boys under fourteen
37. When any person shall be charged before any Police Magistrate with an assault or battery upon any male child whose age shall not in the opinion of such Magistrate exceed fourteen years, or upon any female, either upon the complaint of the party aggrieved or otherwise, the said Magistrate may proceed to hear and determine the same in a summary way, and, if the same be proved, may convict the person accused; and every such offender shall be liable to be imprisoned in the common gaol, with or without hard labour, for any period not exceeding six months or to pay a fine not exceeding (together with costs) the sum of one hundred dollars, which fine shall be paid to Her Majesty for the use of the Colony, and in default of payment to be imprisoned in the common gaol, with or without hard labour, for any period not exceeding six months, unless such fine and costs be sooner paid, and, if the Magistrate shall so think fit, in any of the said cases, shall be bound to keep the peace and be of good behaviour for any period not exceeding six months from the expiration of such sentence.
If the Magistrate dismiss the complaint he shall make out a certificate to that effect.
38. If the Magistrate, upon the hearing of any case of assault or battery upon the merits, where the complaint was preferred by or on the behalf of the party aggrieved, and shall deem the offence not to be proved, or shall find the assault or battery to have been justified, or so trifling as not to merit any punishment, and shall accordingly dismiss the complaint, he shall forthwith make out a certificate under his hand stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred.
39. If any person, against whom any such complaint as aforesaid shall have been preferred by or on the behalf of the party aggrieved, shall have obtained such certificate, or, having been convicted, shall have paid the whole amount adjudged to be paid, or shall have suffered the imprisonment, or imprisonment with hard labour awarded, in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause.
40. Provided, that in case the Magistrate shall find the assault or battery complained of to have been accompanied by any attempt to commit felony, or shall be of opinion that the same is, from any other circumstance, a fit subject for a prosecution by information, he shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as if he had no authority finally to hear and determine the same.
Certificate of conviction shall be a bar to any other proceeding.
These provisions not to apply to certain cases.
ORDINANCE No. 4. oF 1865.
Offences against the Person.
767
females and boys under fourteen
37. When any person shall be charged before any Police Magistrate Assaults on with an assault or battery upon any inale child whose age shall not in the opinion of such Magistrate exceed fourteen years, or upon any female, years of age. either upon the complaint of the party aggrieved or otherwise, the said Magistrate may proceed to hear and determine the same in a suminary. way, and, if the same be proved, may convict the person accused; and every such offender shall be liable to be imprisoned in the common gaol, with or without hard labour, for any period not exceeding six months or to pay fine not exceeding (together with costs) the sum of one hundred dollars, which fine shall be paid to Her Majesty for the use of the Colony, and in default of payment to be imprisoned in the common gaol, with or without hard labour, for any period not exceeding six months, unless such fine and costs be sooner paid, and, if the Magistrate shall so think fit, in any of the said cases, shall be bound to keep the peace and be of good behaviour for any period not exceeding six months from the expira- tion of such sentence.
If the Magis trate dismiss
the complaint he shall make
cate to that
38. If the Magistrate, upon the hearing of any case of assault or battery upon the merits, where the complaint was preferred by or on the behalf of the party aggrieved, and shall deem the offence not to be proved, out a certifi or shall find the assault or battery to have been justified, or so trifling as not to merit any punishment, and shall accordingly dismiss the comp he shall forthwith make out a certificate under his hand stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was perferred.
39. If any person, against whom any such complaint as shall have been preferred by or on the behalf of the party aggrieved, shall have obtained such certificate, or, having been convicted, shall have paid the whole amount adjudged to be paid, or shall have suffered the imprison- ment, or imprisonment with hard labour awarded, in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause.
40. Provided, that in case the Magistrate shall find the assault or battery complained of to have been accompanied by any attempt to commit felon
or shall be of opinion that the same is, from any other circumstance, a fit subject for a prosecution by information, he shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as if he had no authority finally to hear
Certificate of conviction shall be a bar to any other proceeding.
These provi- sions not to apply to certain cases.
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