524
Procedure where two Magistrates disagree.
Flogging in certain cases.
No. 5 of 1865.
No. 3 of 1890.
MAGISTRATES.
84. If in any case where two Magistrates sit together they are unable to agree in their decision whether the defendant or accused is guilty or not guilty, he shall be committed for trial before the Court.
85. Whenever any male offender is convicted by a Magistrate under section 29 of the Larceny Ordinance, 1865, of stealing any ornament or other chattel from the person of any woman or child, No. 2 of 1865. or under section 52 of the Offences against the Person Ordinance, No. 4 of 1897. 1865, of committing an act of gross indecency with another male person under the age of 13, or under section 7 of the Protection of Women and Girls Ordinance, 1897, of committing an indecent assault the Magistrate may, in addition to the punishment awarded for such offence, direct that the offender be flogged.
Power to sentence juvenile thief to be whipped for certain offences. [No. 3 of 1903; No. 10 of 1886.]
86. Whenever any offender whose age appears to the Magistrate not to exceed 16 years is convicted of any offence other than the offences specified in the 3rd schedule the Magistrate may in lieu of any other punishment to which the offender is liable, and notwithstanding anything to the contrary in the Flogging Ordinance, 1903, or in the Peace Preservation Ordinance, 1886 :-
(a) order such offender to be discharged after due admonition; or
(b) order such offender to be delivered to his parent or to his guardian or nearest adult relative or in the case of the offender being an apprentice or servant to his master or mistress or in the case of the offender being a school boy or school girl to the person in charge of the school at which the offender is attending on such parent, guardian, relative, master, mistress or person in charge of a school executing a bond with or without a surety or sureties that he or she will be responsible for the good behaviour and also, if the Magistrate thinks it necessary, for the proper education of the offender for any period not exceeding twelve months; or
(c) order such offender if a male to be whipped with not more than 12 strokes of a light cane or rattan within the court premises and in the presence if they desire to be present of the parent, guardian, relative, master, mistress or person in charge of such offender.
Provided that if the offender is convicted of larceny, or of any offence which now or at any time hereafter is by law deemed
* As amended by No. 2 of 1912 and No. 30 of 1912.
* As amended by No. 15 of 1912 and No. 43 of 1912 Supp. Sched.
Page 40
Page 41
524
Procedure where two Magistrates disagree.
Flogging in certain
cases.
No. 5 of 1865.
No. 3 of 1890.
MAGISTRATES.
84. If in any case where two Magistrates sit together they are unable to agree in their decision whether the defendant or accused is guilty or not guilty, he shall be committed for trial before the Court.
85. Whenever any male offender is convicted by a Magistrate under section 29 of the Larceny Ordinance, 1865, of stealing any ornament or other chattel from the person of any woman or child, No. 2 of 1865. or under section 52 of the Offences against the Person Ordinance, No. 4 of 1897. 1865, of committing an act of gross indecency with another male person under the age of 13, or under section 7 of the Protection of Women and Girls Ordinance, 1897, of committing an indecent assault the Magistrate may, in addition to the punishment awarded for such offence, direct that the offender be flogged.
Power to sen- tence juvenile thief to be whipped for certain offences. [No. 3 of
1903; No. 10 of 1886.]
+
86. Whenever any offender whose age appears to the Magistrate not to exceed 16 years is convicted of any offence other than the offences specified in the 3rd schedule the Magistrate may in lieu of any other punishment to which the offender is liable, and not- withstanding anything to the contrary in the Flogging Ordinance, 1903, or in the Peace Preservation Ordinance, 1886 :-
(a) order such offender to be discharged after due admonition; or (b) order such offender to be delivered to his parent or to his guardian or nearest adult relative or in the case of the offender being an apprentice or servant to his master or mistress or in the case of the offender being a school boy or school girl to the person in charge of the school at which the offender is attending on such parent, guardian, relative, master, mistress or person in charge of a school executing a bond with or without a surety or sureties that he or she will be responsible for the good behaviour and also, if the Magistrate thinks it necessary, for the proper education of the offender for any period not exceeding twelve months; or
(c) order such offender if a male to be whipped with not more than 12 strokes of a light cane or rattan within the court pre- mises and in the presence if they desire to be present of the parent, guardian, relative, master, mistress or person in charge of such offender.
Provided that if the offender is convicted of larceny, or of any offence which now or at any time hereafter is by law deemed
* As amended by No. 2 of 1912 and No. 30 of 1912.
As amended by No. 15 of 1912 and No. 43 of 1912 Supp. Sched.
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