A.D. 1845.]
was not received, or other nation, it mons, as with the 1 offence credible ling one nce (not 19, both victing it, with ourteen oes not month not ex-
My ob- rrant weanor caling Parily Derson is not been or for to be ined, > the ill be goods from 1 six 'r of h or
SUMMARY OFFENCES.
[No. 1.
23 cause to be removed such filth or obstruction or do or cause to be done such other matter or thing as aforesaid.
the (2.) It shall be lawful for the Magistrate before whom the offender has been convicted to order and adjudge such offender, in addition to the penalties hereinbefore imposed, to pay such sum of money for defraying expenses of such removal, or of doing such other matter or thing, as to the Magistrate may seem just and reasonable; and the sum so ordered and adjudged shall be recoverable in the manner hereinafter provided for the recovery of penalties imposed by this Ordinance.
47. Nothing in this Ordinance shall operate to the restraint or punishment of any act or thing done under lawful authority or sanctioned by the same, yet so as that in every case the proof of such lawful authority shall lie on the person alleging the same.
Saving as to act done or sanctioned by lawful authority.
48. All summary proceedings under this Ordinance may be had on the information of any complainant.
49. Every person who, by committing any offence herein forbidden within the Colony, has caused any hurt or damage to any person or property may be apprehended, with or without warrant, by any constable belonging to the Police Force, and if he does not, on demand, make amends for such hurt or damage to the satisfaction of the person aggrieved, he shall be detained by such constable in order to be taken before a Magistrate, and on conviction shall pay such sum, not exceeding one hundred dollars, as may appear to the Magistrate to be reasonable amends to the person aggrieved, besides any penalty to which he may be liable for the offence.
summary proceedings. Awarding of compensation for hurt or damage. offender to make amends or action.
50. Nothing in this Ordinance shall be construed to prevent any person from being indicted or being proceeded against by indictment or information for any indictable offence made punishable on summary conviction by this Ordinance, or to prevent any person from being liable to be proceeded against by action for any hurt or damage caused by him : Provided, nevertheless, that no person be punished twice for the same offence, and provided that no compensation has been awarded for such hurt or damage.
51. The penalties imposed by this Ordinance shall be recovered in a summary manner under and according to the provisions of any Ordinance for the time being in force relating to the jurisdiction of Magistrates and the practice and procedure before them in relation to offences punishable on summary conviction.
Recovery of penalties.
No. 3 of 1890.
See Ordinance said ing nay
D. 1845.
A.D. 1845.]
was not receives, or other
nation, it
mons, as with the 1 offence credible ling one
nce (not 19, both victing it, with
ourteen
oes not month
not ex-
My ob-
rrant
weanor
caling Parily
Derson
is not been or for
to be ined,
> the
ill be
goods
from
1 six
'r of
h or
SUMMARY OFFENCES.
[No. 1.
23
cause to be removed such filth or obstruction or do or cause to be done such other matter or thing as aforesaid.
the
(2.) It shall be lawful for the Magistrate before whom the offender has been convicted to order and adjudge such offender, in addition to the penalties hereinbefore imposed, to pay such sum of money for defraying expenses of such removal, or of doing such other matter or thing, as to the Magistrate may seem just and reasonable; and the sum so order- ed and adjudged shall be recoverable in the manner hereinafter pro- vided for the recovery of penalties imposed by this Ordinance.
47. Nothing in this Ordinance shall operate to the restraint or punish- ment of any act or thing done under lawful authority or sanctioned by the same, yet so as that in every case the proof of such lawful authority shall lie on the person alleging the same.
Saving as to sanctioned by lawful au-
act done or
thority.
48. All summary proceedings under this Ordinance may be had on Right to take the information of any complainant.
49. Every person who, by committing any offence herein forbidden within the Colony, has caused any hurt or damage to any person or pro- perty may be apprehended, with or without warrant, by any constable belonging to the Police Force, and if he does not, on demand, make amends for such hurt or damage to the satisfaction of the person ag- grieved, he shall be detained by such constable in order to be taken before a Magistrate, and on conviction shall pay such sum, not exceed- ing one hundred dollars, as may appear to the Magistrate to be reason- able amends to the person aggrieved, besides any penalty to which he may be liable for the offence.
summary proceedings. Awarding of for hurt or damage.
compensation
offender to
or action.
50. Nothing in this Ordinance shall be construed to prevent any person Saving of from being indicted or being proceeded against by indictment or infor- liability of mation for
any indictable offence made punishable on summary convie- indictment tion by this Ordinance, or to prevent any person from being liable to be proceeded against by action for any hurt or damage caused by him : Provided, nevertheless, that no person be punished twice for the same offence, and provided that no compensation has been awarded for such hurt or damage.
51. The penalties imposed by this Ordinance shall be recovered in a summary manner under and according to the provisions of any Ordinance for the time being in force relating to the jurisdiction of Magistrates and the practice and procedure before them in relation to offences punishable
on summary conviction,
Recovery of penalties.
No. 3 of 1890.
See Ordinance
by
said
ing
nay
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