A.D. 1865.
f debt, to be nce punish- rtue of this ant by any any, before ion before a rson has in · on or with ment or on committed. perty as in Id, pawned. uch offence , is hereby d forthwith. , together , without a highway. › cause to iny felony as soon as ith accord- imary con- he amount el case by ed, except lied in the ce Magis- se, shall be ort of the join in the f. each is erty or to all be paid
A.D. 1865.1 LARCENY. [No. 5. 217
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.
to prison of person not paying for penalty.
94. In every case of a summary conviction under this Ordinance, Commitual where the sum which is forfeited for the value of the property stolen or taken or for the amount of the injury done, or which is imposed as a penalty by the Police Magistrate, is not paid, either immediately after the conviction or within such period as the Magistrate may at the time 24 & 25 Vict. of the conviction appoint, the convicting Magistrate (unless where otherwise specially directed) may commit the offender to the common gaol, there to be imprisoned or to be imprisoned and kept to hard labour, at the discretion of the Magistrate, under and according to the provisions r. 96 s. 107.
of any Ordinance for the time being in force relating to the jurisdiction See Ordinance of Magistrates and the practice and procedure before them in relation No. 3 of 1890, to offences punishable on summary conviction.
95. Where any person is summarily convicted before a Police Magistrate of any offence against this Ordinance, and it is a first conviction, the Magistrate may, if he thinks fit, discharge the offender from his conviction, on his making such satisfaction to the party aggrieved for damages and costs, or either of them, as may be ascertained by the Magistrate.
Power to discharge first summary 72. s. 108. offender on conviction.
conviction to bar any other proceeding. for the same cause.
96. In case any person convicted of any offence punishable on summary conviction by virtue of this Ordinance pays the sum adjudged to be paid, together with costs, under such conviction, or receives a remission thereof from the Crown or from the Governor, or suffers the imprisonment awarded for non-payment thereof or the imprisonment adjudged in the first instance, or is so discharged from his conviction by any Magistrate as aforesaid, in every such case he shall be released from all further or other proceedings for the same cause,
com-
97. (1.) All actions and prosecutions to be commenced against any person for anything done in pursuance of this Ordinance shall be commenced within six months after the Fact committed, and not otherwise.
(2.) Notice in writing of such action and of the cause thereof shall be given to the defendant one month at least before the commencement of the action.
(3.) In any such action the defendant may plead the general issue, and give this Ordinance and the special matter in evidence at any trial to be had thereupon.
(4.) No plaintiff shall recover in any such action if tender of sufficient amends has been made before such action brought, or if a sufficient sum of money has been paid into Court after such action brought, by or on behalf of the defendant.
Protection of person acting under the Ordinance. Ib. s. 113.
A.D. 1865.
f debt, to be
nce punish- rtue of this ant by any any, before
ion before a rson has in
· on or with
ment or on committed. perty as in
Id, pawned. uch offence
, is hereby
d forthwith.
, together
, without a
highway.
› cause to
iny felony
as soon as
ith accord-
imary con- he amount
el case by ed, except lied in the
ce Magis- se, shall be
ort of the
join in the
f. each is
erty or to
all be paid
A.D. 1865.1
LARCENY.
[No. 5.
217
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.
to prison of person not
paying for penalty.
feiture or
94. In every case of a summary conviction under this Ordinance, Commitual where the sum which is forfeited for the value of the property stolen or taken or for the amount of the injury done, or which is imposed as a penalty by the Police Magistrate, is not paid, either immediately after the conviction or within such period as the Magistrate may at the time 24 & 25 Fet, of the conviction appoint, the convicting Magistrate (unless where other- wise specially directed) may commit the offender to the common gaol, there to be imprisoned or to be imprisoned and kept to hard labour, at the discretion of the Magistrate, under and according to the provisions
r. 96 s. 107.
of any Ordinance for the time being in force relating to the jurisdiction See Ordinance of Magistrates and the practice and procedure before them in relation No. 3 of 1890, to offences punishable on summary conviction.
95. Where any person is summarily convicted before a Police Magis- trate of any offence against this Ordinance, and it is a first conviction, the Magistrate may, if he thinks fit, discharge the offender from his conviction, on his making such satisfaction to the party aggrieved for damages and costs, or either of them, as may be ascertained by the Ma- gistrate.
Power to discharge first summary 72. s. 108.
offender on
conviction.
conviction to bar any other proceeding.
for the same
cause.
96. In case any person convicted of any offence punishable on sun- Summary mary conviction by virtue of this Ordinance pays the sum adjudged to be paid, together with costs, under such conviction, or receives a remis- sion thereof from the Crown or from the Governor, or suffers the im- prisonment awarded for non-payment thereof or the imprisonment ad- b. s. 109. judged in the first instance, or is so discharged from his conviction by any Magistrate as aforesaid, in every such case he shall be released from all further or other proceedings for the same cause,
com-
97. (1.) All actions and prosecutions to be commenced against any person for anything done in pursuance of this Ordinance shall be menced within six months after the Fact committed, and not otherwise.
(2.) Notice in writing of such action and of the cause thereof shall be given to the defendant one month at least before the commencement of the action.
(3.) In any such action the defendant may plead the general issue, and give this Ordinance and the special matter in evidence at any trial to be had thereupon.
(4.) No plaintiff shall recover in any such action if tender of sufficient amends has been made before such action brought, or if a sufficient sum of money has been paid into Court afer such action brought, by or on hehalf of the defendant.
Protection of person acting under the Ordinance. Ib. s. 113.
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