MALICIOUS DAMAGE.
No. 6 of 1865.
135
1. Or in the case where the value or amount of the injury done is unknown, and in that case such sum shall be applied in the same manner as a penalty. Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is ordered to pay a sum equivalent to the amount of the injury done, no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sums ordered to be paid shall be applied in the same manner as a penalty.
55. In every case of a summary conviction under this Ordinance, Committal where the sum which is ordered to be paid in respect of the default of injury done, or which is imposed as a penalty by the Magistrate, to prison in payment of penalty. forfeiture or is not paid, either immediately after the conviction or within such period as the Magistrate may at the time of the conviction appoint, c. 97 s. 65.1 [24 & 25 Vict.] the convicting Magistrate (unless where otherwise specially directed) may sentence the offender to imprisonment under and in accordance with the provisions of any Ordinance relating to the jurisdiction of Magistrates and the practice and procedure before them in respect of offences punishable on summary conviction.
56. Where any person is summarily convicted before a Magistrate of any offence against this Ordinance, and it is a first conviction, the Magistrate may 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. [ib. s. 66.]
57. When any person convicted of any offence punishable on summary conviction by virtue of this Ordinance has paid the sum ordered 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 the imprisonment awarded for non-payment thereof or the imprisonment awarded in the first instance, or has been so discharged from his conviction by any Magistrate as aforesaid, he shall be released from all further or other proceedings for the same cause. [ib. s. 67.]
* As amended by No. 30 of 1911 and No. 51 of 1911.
† As amended by No. 50 of 1911 and No. 21 of 1912.
§ As amended by No. 51 of 1911.
MALICIOUS DAMAGE.
No. 6 of 1865.
135
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he is unknown, and in that case such sum shall be applied in the same manner as a penalty. Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is ordered to
pay a summ equivalent to the amount of the injury done, no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sums ordered to be paid shall be applied in the same manner as a penalty.
55. In every case of a summary conviction under this Ordinance, Committal where the sum which is ordered to be paid in respect of the default of
to prison in
injury done, or which is imposed as a penalty by the Magistrate, payment of
forfeiture or is not paid, either immediately after the conviction or within such penalty. period as the Magistrate may at the time of the conviction appoint, c. 97 s. 65.1
[24 & 25 Vict. the convicting Magistrate (unless where otherwise specially directed) may sentence the offender to imprisonment under and in accordance with the provisions of any Ordinance relating to the jurisdiction of Magistrates and the practice and procedure before them in respect of offences punishable on summary conviction.
*
56. Where any person is summarily convicted before a Magis- Power for trate of any offence against this Ordinance, and it is a first to discharge
Magistrate conviction, the Magistrate may discharge the offender from his first offender conviction on his making such satisfaction to the party aggrieved
[ib. s. 66.] for damages and costs, or either of them, as may be ascertained by the Magistrate.
+
conviction
57. When any person convicted of any offence punishable on Summary summary conviction by virtue of this Ordinance has paid the sum to bar any ordered to be paid, together with costs, under such conviction, or other pro- has received a remission thereof from the Crown or from the the same
ceeding for Governor, or has suffered the imprisonment awarded for non-pay- ment thereof or the imprisonment awarded in the first instance, or has been so discharged from his conviction by any Magistrate as aforesaid, he shall be released from all further or other proceed- ings for the same cause.
[ss. 58, rep. by No. 31 of 1911; ss. 59, 60, rep. by No. 30
of 1911.]
* As amended by No. 30 of 1911 and No. 51 of 1911.
† As amended by No. 50 of 1911 and No. 21 of 1912.
§ As amended by No. 51 of 1911.
cause.
[ib. s. 07.]
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