500
No. 3 of 1890.
Power to discharge defendant without
punishment if offence trifling.
[42 & 43 Vict. c. 49 s. 16.]
*
1st schedule: forms 26, 45.
form 21. form 5.
Appropriation of money found on defendant for payment of fine not exceeding $5.
**
Recognizance may be dispensed with.
+
MAGISTRATES.
(4) Every sum paid to the Magistrate's clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by the rules in the said 2nd schedule:
(5) Every such register shall be open for inspection, without fee or reward, by a Magistrate, or by any person authorised in that behalf by a Magistrate, or by the Governor or Colonial Secretary.
Special Provisions.
31. If, on the hearing of a charge for any offence punishable on summary conviction the Magistrate thinks that, though the charge is proved, the offence was in the particular case of so trifling a nature that it is inexpedient to inflict any punishment, or any other than a nominal punishment,
(1) he may, without proceeding to conviction, dismiss the complaint or information, and may order the defendant to pay such damages, not exceeding 10 dollars, and such costs of the proceeding, or either of them, as he may think reasonable; or
(2) he may, on convicting the defendant, discharge him conditionally on his giving security, with or without sureties, to appear for sentence when called upon or to be of good behaviour, and either without payment of damages and costs or subject to the payment of such damages and costs, or either of them, as he may think reasonable.
32. Where a defendant is fined a sum not exceeding 5 dollars and the same is not forthwith paid, the Magistrate may order the defendant to be searched, and if on being searched, he is found to have on his person money equal to the amount of his fine, it shall be lawful for the Magistrate, upon oath made to him of the fact by any person who was present when the defendant was searched, to order that so much of the money as may be sufficient to satisfy the fine be forfeited, and that the defendant be thereupon discharged from custody.
33. Where in the case either of imprisonment or a fine there is prescribed a requirement for the offender to enter into his recognizance and to find sureties for keeping the peace and observing
* As amended by No. 1 of 1912 and No. 2 of 1912.
As amended by No. 80 of 1911.
Page 60
500
No. 3 of 1890.
Power to discharge defendant without
punishment
if offence
trifling.
[42 & 43 Vict. c. 49 s. 16.]
*
1st schedule: forms 26, 45.
form 21. form 5.
Appropria- tion of
money found on defendant for payment of fine not
exceeding $5.
**
Recognizance may be dis- pensed with.
+
MAGISTRATES.
(4) Every sum paid to the Magistrate's clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by the rules in the said 2nd schedule:
(5) Every such register shall be open for inspection, without fee or reward, by a Magistrate, or by any person authorised in that behalf by a Magistrate, or by the Governor or Colonial Secretary.
Special Provisions,
31. If, on the hearing of a charge for any offence punishable on summary conviction the Magistrate thinks that, though the charge is proved, the offence was in the particular case of so trifling a nature that it is inexpedient to inflict any punishment, or any other than a nominal punishment,-
(1) he may, without proceeding to conviction, dismiss the com- plaint or information, and may order the defendant to pay such damages, not exceeding 10 dollars, and such costs of the proceed- ing, or either of them, as he may think reasonable; or
(2) he may, on convicting the defendant, discharge him con- ditionally on his giving security, with or without sureties, to appear for sentence when called upon or to be of good behaviour, and either without payment of damages and costs or subject to the payment of such damages and costs, or either of them, as he may think reasonable.
32. Where a defendant is fined a sum not exceeding 5 dollars and the same is not forthwith paid, the Magistrate may order the defendant to be searched, and if on being searched, he is found to have on his person money equal to the amount of his fine, it shall be lawful for the Magistrate, upon oath made to him of the fact by any person who was present when the defendant was searched, to order that so much of the money as may be sufficient to satisfy the fine be forfeited, and that the defendant be thereupon discharged from custody.
33. Where in the case either of imprisonment or a fine there is prescribed a requirement for the offender to enter into his re- cognizance and to find sureties for keeping the peace and observing
* As amended by No. 1 of 1912 and No. 2 of 1912.
As amended by No. 80 of 1911.
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60
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