400
Penalties under this Ordinance.
Informer to be paid one-half of the pecuniary penalty.
Penalties for false charges.
Penalties for improper issuing, execution, &c., of search warrants.
ORDINANCE No. 2 OF 1858.
Prepared Opium.
2.
13. For every offence against the provisions of this Ordinance, not otherwise provided for by any regulations to be made and notified in manner aforesaid by His said Excellency in Council, and actually in force, there shall be recovered and levied in manner aforesaid from, or imposed on, the offender in that behalf, the penalties following, that is to say:
For every first offence a fine not exceeding two hundred and fifty ["five hundred" as amended by Ordinance No. 7 of 1879] current dollars; or imprisonment for a term not exceeding three months, nor less than one day.
And for every subsequent offence, a fine not exceeding five hundred ["one thousand" as amended by Ordinance No. 7 of 1879] current dollars; or imprisonment for a term not exceeding six months.
14. If any charge or complaint shall be preferred under this Ordinance, or under any of the said regulations, by a person holding any such privilege or licence as aforesaid, and upon the said charge or complaint the defendant thereto shall be convicted, one-half of the pecuniary penalty (if any) imposed upon the defendant by the Court, shall be awarded and paid to the person preferring such charge or complaint;—And likewise, (if the said charge or complaint were for any offence under section 8), the whole of the prepared opium to which the same related shall be forfeited, and by the said Court adjudged and delivered to the person aforesaid. [Repealed by Ordinance No. 7 of 1879 and new section substituted.]
15. In dismissing any charge or complaint under this Ordinance, on the ground of the same being false, or frivolous and vexatious, it shall be the duty of the Court to impose upon the person bringing the same, any penalty not exceeding or other than the penalty which the defendant, if convicted upon such charge or complaint, would have incurred; over and above all penalties, (if any), which the said person may have likewise incurred in respect of his said charge or complaint, or of his evidence in support thereof, under Ordinance No. 7 of 1857, sections 6 and 7.
16. Over and above all other liabilities or penalties to which by this Ordinance, or any other Law, any person shall become or be subject in respect of his suing out, obtaining, issuing, or executing improperly, and without sufficient cause, any search warrant under this Ordinance, the said person shall be further liable to the penalties specified in section 13, to be enforced and levied as hereinbefore provided.
[All repealed by Ordinance No. 1 of 1884.]
NOTE. For opium privilege regulations of the 20th March, 1858, see Gazette, 23rd of the same month.
For further regulations of 27th July, 1869, see Gazette, 31st of the same month. For conditions of licences of the 21st February, 1883, see Gazette of same date.
400
Penalties under this Ordinance.
Informer to be
pald one-half of
the pecuniary penalty.
Penalties for false charges.
Penalties for
improper issuing, execution, &c.,
of search war-
wants.
ORDINANCE No. 2 OF 1858.
Prepared Opium.
2.
13. For every offence against the provisions of this Ordinance, not otherwise pro- vided for by any regulations to be made and notified in manner aforesaid by His said Excellency in Council, and actually in force, there shall be recovered and levied in manner aforesaid from, or imposed on, the offender in that behalf, the penalties follow- ing, that is to say:
For every first offence a fine not exceeding two hundred and fifty ["five hundred" as amended by Ordinance No. 7 of 1879] current dollars; or imprisonment for a term not exceeding three months, nor less than one day.
And for every subsequent offence, a fine not exceeding five hundred [“one thousand" as amended by Ordinance No. 7 of 1879] current dollars; or imprisonment for a term not exceeding six months.
14. If any charge or complaint shall be preferred under this Ordinance, or under any of the said regulations, by a person holding any such privilege or licence as aforesaid, and upon the said charge or complaint the defendant thereto shall be convicted, one-half of the pecuniary penalty (if any) imposed upon the defendant by the Court, shall be awarded and paid to the person preferring such charge or complaint;-And likewise, (if the said charge or complaint were for any offence under section 8), the whole of the prepared opium to which the same related shall be forfeited, and by the said Court adjudged and delivered to the person aforesaid. [Repealed by Ordinance No. 7 of 1879 and new section substituted.]
15. In dismissing any charge or complaint under this Ordinance, on the ground of the same being false, or frivolous and vexatious, it shall be the duty of the Court to impose upon the person bringing the same, any penalty not exceeding or other than the penalty which the defendant, if convicted upon such charge or complaint, would have incurred; over and above all penalties, (if any), which the said person may have likewise incurred in respect of his said charge or complaint, or of his evidence in support thereof, under Ordinance No. 7 of 1857, sections 6 and 7.
16. Over and above all other liabilities or penalties to which by this Ordinance, or any other Law, any person shall become or be subject in respect of his suing out, obtaining, issuing, or executing improperly, and without sufficient cause, any search warrant under this Ordinance, the said person shall be further liable to the penalties specified in section 13, to be enforced and levied as hereinbefore provided.
[All repealed by Ordinance No. 1 of 1884.]
NOTE. For opium privilege regulations of the 20th March, 1858, see Gazette, 23rd
of the same month.
For further regulations of 27th July, 1869, see Gazette, 31st of the same month. For conditions of licences of the 21st February, 1883, see Gazette of same date.
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