A.D. 1865.]
MALICIOUS DAMAGE.
[No. 6.
235
24 & 25 Vict.
c. 97 s. 03.
second time only, or for the first time only, shall, on conviction before a Police Magistrate, be liable, for every first, second, or subsequent offence of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence as a principal offender is by this Ordinance made liable.
54.--(1.) Every sum of money which is forfeited for the amount of any injury done shall be assessed in each case by the convicting Magistrate, and shall be paid to the party aggrieved, except where he is unknown, and in that case such sum shall be applied in the same manner as a penalty.
(2.) Every sum of money which is imposed as a penalty by a Police Magistrate, whether in addition to such amount or otherwise, shall be paid to Her Majesty for the use of the Colony and in support of the Government thereof : Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is 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.
Application of penalty on summary conviction.
18. s. 64.
of forfeiture or penalty.
55. In every case of a summary conviction under this Ordinance, where the sum which is forfeited for the amount of the injury done, or which is imposed as a penalty by the Magistrate, is not paid, either immediately after the conviction or within such period as the Magistrate may 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 or to be imprisoned and kept to hard labour, according to the discretion of the Magistrate, under and in accordance with the provisions of any Ordinance for the time being in force relating to Magistrates and the practice and procedure before them in respect of offences punishable on summary conviction.
See Gelince No. 3 of 1890.
Magistrate to discharge
56. 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 for first offender.
57. When any person convicted of any offence punishable on summary conviction by virtue of this Ordinance has paid the sum adjudged to be paid, together with costs, under such conviction, or has received a remission thereof from the Crown or from the Governor, or has suffered
Ib. s. 66.
Summary conviction to bar any other proceeding for
A.D. 1865.]
MALICIOUS DAMAGE.
[No. 6.
235
24 & 25 Pict.
c. 97 s. 03.
second time only, or for the first time only, shall, on conviction before a conviction. Police Magistrate, be liable, for every first, second, or subsequent offence of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence as a principal offender is by this Ordinance made liable.
54.--(1.) Every sum of money which is forfeited for the amount of any injury done shall be assessed in each case by the convicting Magis- trate, and shall be paid to the party aggrieved, except where he is unknown, and in that case such sum shall be applied in the same manner as a penalty.
(2.) Every sum of money which is imposed as a penalty by a Police Magistrate, whether in addition to such amount or otherwise, shall be paid to Her Majesty for the use of the Colony and in support of the Government thereof : Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is 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.
Application or penalty on summary
of forfeiture
conviction.
18. s. 64.
of forfeiture or penalty.
55. In every case of a summary conviction under this Ordinance, Committal where the sum which is forfeited for the amount of the injury done, or
to prison in default of which is imposed as a penalty by the Magistrate, is not paid, either payment immediately after the conviction or within such period as the Magistrate may at the time of the conviction appoint the convicting Magistrate 10. s. 65. (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, according to the discretion of the Magistrate, under and
in accordance with the provisions of any Ordinance for the time being See Gelince in force relating to Magistrates and the practice and procedure before No. 3 of 1890. them in respect of offences punishable on summary conviction.
Magistrate
to discharge
56. Where any person is summarily convicted before a Police Ma- Power for gistrate of any offence against this Ordinance, and it is a first con- viction, the Magistrate may, if he thinks fit, discharge the offender from first offender. 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.
57. When any person convicted of any offence punishable on sum- mary conviction by virtue of this Ordinance has paid the sum adjudged to be paid, together with costs, under such conviction, or has received a remission thereof from the Crown or from the Governor, or has suffered
Ib. s. 66.
Summary conviction other pro- cecding for
to bar any
i
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