1923_MAGISTRATES_ORDINANCE__1890 — Page 43

484

Power to award compensation

No. 3 of 1890.

MAGISTRATES

imprisonment, impose a fine not exceeding two hundred and fifty dollars: Provided that the magistrate shall not impose on the offender, in default of payment of the fine, any greater term of imprisonment than that to which such offender would have been liable under the enactment authorising the said imprisonment.

88. On the conviction of any person of any offence by which injury or loss to person or property has accrued, the magistrate, in addition to convicting, may order the offender to pay to the person aggrieved reasonable compensation, not exceeding fifty dollars; in addition to any fine or punishment to which he is sentenced.

Power to sentence person using insulting language to or concerning magistrate.

89. If any person behaves in an insulting manner or uses threatening or insulting expression to, or concerning, or in the presence of a magistrate when acting in the discharge of any magisterial duty, the magistrate may summarily sentence the offender to imprisonment for any term not exceeding two months, or to a fine not exceeding fifty dollars.

Power to award compensation or penalty for malicious prosecution or false testimony.

90. If it appears to a magistrate--

(1) that any charge or complaint was maliciously preferred without reasonable or probable cause, the magistrate may, on the application of the person against whom the charge or complaint was made, order the complainant to pay to such person reasonable compensation not exceeding fifty dollars: Provided that the award of any such compensation shall be a bar to any civil proceeding for damages by reason of such charge or complaint having been made; or

(2) that any witness (which shall include a defendant who gives evidence on his own behalf) has wilfully given false testimony, the magistrate may order him to pay a fine not exceeding fifty dollars.

Provided always that--

(a) before making any order under sub-section (1), the magistrate shall first give the complainant an opportunity of showing cause why the order should not be made, and shall, if so requested by the complainant, adjourn the proceedings in order to enable him to instruct counsel on his behalf;

(b) ...

...the magistrate is to follow specific instructions or procedures as detailed in subsequent sections or ordinances, potentially referencing sections like Ord. 9 or other related legal provisions, and considerations regarding witnesses, evidence, and the consequences of being found guilty of offences such as malicious prosecution or giving false testimony, which may result in penalties, fines, or other legal repercussions.