TRAMWAY.
No. 10 of 1902.
1453
as aforesaid be not paid, the amount thereof shall be levied by distress, and any Magistrate shall issue his warrant of distress accordingly. The said amount shall be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the overplus arising from the sale of such goods and chattels, after satisfying the amount due and the expenses of the distress and sale, shall be returned on demand to the party whose goods have been distrained.
*
72. The Magistrate by whom any such penalty or forfeiture shall be imposed may, where the application thereof is not otherwise provided for, award one moiety thereof to the informer or party prosecuting or complaining.
unlawful for want of form. +
73. No distress levied by virtue of this Ordinance shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in a civil action.
to be sued
74. No person shall be liable to the payment of any fare, charge, penalty or forfeiture imposed by virtue of this Ordinance for any offence made cognizable before a Magistrate unless the complaint respecting such offence shall have been made before such Magistrate within 6 months next after the commission of such offence.
summon any witnesses.
§
75. It shall be lawful for any Magistrate to summon any person to appear before him or any other Magistrate as a witness in matter in which a Magistrate has jurisdiction under the provisions of this Ordinance, at a time and place mentioned in such summons, and to administer to him an oath to testify the truth in such matter, and if any person so summoned shall, without reasonable excuse, refuse or neglect to appear at the time and place appointed for that purpose, having been paid or tendered a reasonable sum for his expenses, or if any person appearing shall refuse
*
As amended by No. 1 of 1912.
+ As amended by No. 2 of 1912.
$ As amended by No. 30 of 1911 and No. 2 of 1912.
TRAMWAY.
No. 10 of 1902.
1453
as aforesaid be not paid, the amount thereof shall be levied by distress, and any Magistrate shall issue his warrant of distress accordingly. The said amount shail be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the overplus arising from the sale of such goods and chattels, after satisfying the amount due and the expenses of the distress and sale, shall be returned on demand to the party whose goods have been distrained.
*
72. The Magistrate by whom any such penalty or forfeiture shall Application be imposed may, where the application thereof is not otherwise of penalties. provided for, award one moiety thereof to the informer or party prosecuting or complaining.
unlawful for want of forin. +
73. No distress levied by virtue of this Ordinance shall be deemed Distress not unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the sum- mons, conviction, warrant of distress or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in a civil action.
to be sued
74. No person shall be liable to the payment of any fare, charge, Fares, etc., penalty or forfeiture imposed by virtue of this Ordinance for any for within 6 offence made cognizable before a Magistrate unless the complaint months. respecting such offence shall have been made before such Magistrate within 6 months next after the commission of such offence.
summon
any witnesses.
§
75. It shall be lawful for any Magistrate to summon any person Power to to appear before him or any other Magistrate as a witness in matter in which a Magistrate has jurisdiction under the provisions of this Ordinance, at a time and place mentioned in such summons, and to administer to him an oath to testify the truth in such matter, and if any person so summoned shall, without reasonable excuse, refuse or neglect to appear at the time and place appointed for that purpose, having been paid or tendered a reason- able sum for his expenses, or if any person appearing shall refuse
*
As amended by No. 1 of 1912.
+ As amended by No. 2 of 1912.
$ As amended by No. 30 of 1911 and No. 2 of 1912.
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