132
Extension of
etc.
No. 6 of 1865.
MALICIOUS DAMAGE.
also to pay such further sum of money as may appear to the Magistrate to be a reasonable compensation for the damage, injury, or spoil so committed, not exceeding the sum of 25 dollars, which last-mentioned sum shall, in the case of private property, be paid to the party aggrieved, and in the case of property of a public nature, or wherein any public right is concerned, shall be paid to the Treasury.
(2) If such sums of money, together with costs (if ordered) are not paid either immediately after the conviction or within such period as the Magistrate may at the time of the conviction appoint, the Magistrate may deal with the offender according to the law relating to summary conviction: Provided that nothing herein contained shall extend to any case where the party acted under a fair and reasonable supposition that he had a right to do the act complained of.
44. The provisions of the last section shall extend to any person s. 13 to tree, who wilfully or maliciously commits any injury to any tree, sapling, [24 & 25 Vict, shrub, or underwood for which no punishment is hereinbefore c. 97 s. 53.]
provided.
*
Making or having explosive substance, etc., with intent to commit felony.
Making gunpowder to commit offences and searching therefor. 45. Every person who makes, or manufactures, or knowingly has in his possession any gunpowder or other explosive substance, or any dangerous or noxious thing, or any machine, engine, instrument, or thing, with intent thereby or by means thereof to commit, or for the purpose of enabling any other person to commit, any of the felonies mentioned in this Ordinance, shall be guilty of a [cf. No. 3 of misdemeanor, and shall be liable to imprisonment for any term not 1903.]
exceeding 2 years, and, if a male under the age of 16 years, with or without whipping.
[ib. s. 54.]
+
Warrant for searching house, etc., for such explosive. [ib. s. 55.] [cf. No. 1 of 1873 and No. 14 of 1901.]
§
46. (1) When any gunpowder or other explosive, dangerous, or noxious substance, or any machine, engine, instrument, or thing, is suspected to be made, kept, or carried for the purpose of being used in committing any of the felonies mentioned in this Ordinance, a Magistrate may, on reasonable cause assigned upon oath by any person, issue a warrant for searching in the daytime any house,
* As amended by No. 50 of 1911.
As amended by No. 30 of 1911.
As amended by No. 50 of 1911, No. 51 of 1911 and No. 21 of 1912,
mil
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ves:
for
(
shall all s
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such
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may Ordin
47 Ordiz befor princi
(2)
this
exceed
(3) missio: be liab princip
48.
any pe yard, o cause t felony :
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ing to l
49. E
on any same is equally
132
Extension of
etc.
No. 6 of 1865.
MALICIOUS DAMAGE.
also to pay such further sum of money as may appear to the Magistrate to be a reasonable compensation for the damage, injury, or spoil so committed, not exceeding the sum of 25 dollars, which last-mentioned sum shall, in the case of private property, be paid to the party aggrieved, and in the case of property of a public nature, or wherein any public right is concerned, shall be paid to the Treasury.
(2) If such sums of money, together with costs (if ordered) are not paid either immediately after the conviction or within such period as the Magistrate may at the time of the conviction appoint, the Magistrate may deal with the offender according to the law relating to summary conviction: Provided that nothing herein contained shall extend to any case where the party acted under a fair and reasonable supposition that he had a right to do the act complained of.
44. The provisions of the last section shall extend to any person s. 13 to tree, who wilfully or maliciously commits any injury to any tree, sapling, [24 & 25 Vict, shrub, or underwood for which no punishment is hereinbefore c. 97 s. 53.]
provided.
*
Making or having explosive substance, etc., with intent to commit felony.
Making gunpowder to commit offences and searching therefor. 45. Every person who makes, or manufactures, or knowingly has in his possession any gunpowder or other explosive substance, or any dangerous or noxious thing, or any machine, engine, instru- ment, or thing, with intent thereby or by means thereof to commit, or for the purpose of enabling any other person to commit, any of the felonies mentioned in this Ordinance, shall be guilty of a [cf. No. 3 of misdemeanor, and shall be liable to imprisonment for any term not 1903.]
exceeding 2 years, and, if a male under the age of 16 years, with or without whipping.
[ib. s. 54.]
+
Warrant for searching house, etc., for such explosive. [ib. s. 55.] [ef. No. 1 of 1873 and No. 14 of 1901.]
§
46. (1) When any gunpowder or other explosive, dangerous, or noxious substance, or any machine, engine, instrument, or thing, is suspected to be made, kept, or carried for the purpose of being used in committing any of the felonies mentioned in this Ordinance, a Magistrate may, on reasonable cause assigned upon oath by any person, issue a warrant for searching in the daytime any house,
* As amended by No. 50 of 1911.
As amended by No. 30 of 1911.
As amended by No. 50 of 1911, No. 51 of 1911 and No. 21 of 1912,
mil
wh
ves:
for
(
shal all s
and
such
inter
barri
may Ordin
47 Ordiz befor princi
(2)
this
exceed
(3) missio: be liab princip
48.
any pe yard, o cause t felony :
as reasc
ing to l
49. E
on any same is equally
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