38
Penalty on common informer for compounding without permission.
No. 1 of 1845.
SUMMARY OFFENCES.
there was no sufficient ground for making the charge, the magistrate shall have power to award amends, not exceeding one hundred dollars, to be paid by the informant or complainant to the party informed or complained against, for his loss of time and expenses in the matter.
43. In case any person lays any information before a magistrate for any offence alleged to have been committed, by which he was not personally aggrieved, and afterwards directly or indirectly receives, without the permission of a magistrate, any sum of money or reward for compounding, delaying, or withdrawing the information, it shall be lawful for a magistrate to issue his warrant or summons, as he may deem best, for bringing before him the person charged with such compounding, delay, or withdrawal; and if such offence is proved by the confession of the said informer or by the oath of any credible witness, he shall be liable to a penalty not exceeding one hundred dollars.
Liability of Occupier in the case of certain offences.
*
Order for delivery of goods or money charged to have been stolen or obtained.
44. Where any offence under paragraph (1) of section 3, or under section 13, is committed on or from any premises the person in actual occupation of such premises shall be liable to the same penalty as the actual offender, unless the actual offender shall first have been prosecuted to conviction: Provided that if a dwelling house is let out in flats nothing in this section shall have the effect of imposing liability on any person other than the occupier of the flat on or from which the offence was committed.
45. If any goods or money charged to be stolen or fraudulently obtained are or is in the custody of any constable by virtue of any warrant of a magistrate, or in prosecution of any charge of felony or misdemeanor in regard to the obtaining thereof, and the person charged with stealing or fraudulently obtaining possession is not found, or has been summarily convicted or discharged, or has been tried and acquitted, or if such person has been tried and found guilty, but the property so in custody has not been included in any indictment or information on which he has been found guilty, it shall be lawful for a magistrate to make an order for the delivery of such goods or money to the person who may appear to be the rightful owner thereof, or, in case the owner cannot be ascertained, then to make such order with respect to the same
* As amended by No. 6 of 1918 and Law Rev. Ord., 1923.
38
Penalty on common in- former for compound- ing without
No. 1 of 1845.
SUMMARY OFFENCES.
there was no sufficient ground for making the charge, the magistrate shall have power to award amends, not exceeding one hundred dollars, to be paid by the informant or com- plainant to the party informed or complained against, for his loss of time and expenses in the matter.
43. In case any person lays any information before a magistrate for any offence alleged to have been committed, by which he was not personally aggrieved, and afterwards permission of directly or indirectly receives, without the permission of a magistrate, any sum of money or reward for compounding, delaying, or withdrawing the information, it shall be lawful for a magistrate to issue his warrant for summons, as he may deem best, for bringing before him the person charged with such compounding, delay, or withdrawal; and if such offence is proved by the confession of the said informer or by the oath of any credible witness, he shall be liable to a penalty not exceeding one hundred dollars.
Liability of Occupier in the case of
certain offences.
*
Order for delivery of goods or money charged to have been
44. Where any offence under paragraph (1) of section 3, or under section 13, is committed on or from any premises the person in actual occupation of such premises shall be liable to the same penalty as the actual offender, unless the actual offen- der shall first have been prosecuted to conviction: Provided that if a dwelling house is let out in flats nothing in this section shall have the effect of imposing liability on any person other than the occupier of the flat on for from which the offence was committed.
45. If any goods or money charged to be stolen or frau- dulently obtained are or is in the custody of any constable by virtue of any warrant of a magistrate, or in prosecution of any charge of felony or misdemeanor in regard to the obtaining thereof, and the person charged with stealing or fraudulently obtaining possession is not found, or has been summarily
stolen or
obtained,
and in custody of constable.
convicted or discharged, or has been tried and acquitted, or if such person has been tried and found guilty, but the property so in custody has not been included in any indictment or information on which he has been found guilty, it shall be lawful for a magistrate to make an order for the delivery of such goods or money to the person who may appear to be the rightful owner thereof, or, in case the owner cannot be ascertained, then to make such order with respect to the same
* As amended by No. 6 of 1918 and Law Rev. Ord., 1923.
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