1923_SUMMARY_OFFENCES_ORDINANCE__1845 — Page 19

SUMMARY OFFENCES.

No.

of 1845.

39

as to the magistrate may seem meet: Provided always that no such order shall be any bar to the right of any person to sue the party to whom such goods or money may be deliver- ed, and to recover the same from him by an action, provided that such action is commenced within six months next after such order has been made.

filth, etc.,

46.-(1) It shall be lawful for the Captain Superintendent Removal of or other officer of police to require any person whose duty it and recovery may be to remove any filth or obstruction, on to do any other of expenses. matter or thing required to be done by this Ordinance, to do so within a certain time to be then fixed by the said officer, and, in default of such requisition being complied with, the officer shall cause to be removed such filth or obstruction or

pr do or cause to be done such other matter of thing as afore- said.

(2) It shall be lawful for the magistrate before whom the offender has been convicted to order such offender, in addi- tion to the penalties hereinbefore imposed, to pay such sum of

money for defraying the expenses of such removal, or of doing such other matter or thing, as to the magistrate may seem just and reasonable; and the sum so ordered shall be recoverable in the manner hereinafter provided for the re- covery of penalties imposed by this Ordinance.

authority.

47. Nothing in this Ordinance shall operate to the restraint Acts done or punishment of any act or thing done finder or sanctioned by lawful by lawful authority, yet so as that in every case the proof of such lawful authority shall lie on the person alleging the

same.

48. All summary proceedings under this Ordinance may Summary be had on the information of any complainant.

proceedings.

for hurt or

49. Every person who, by committing any offence herein Compensation forbidden has caused any hurt or damage to any person or damage. property may be apprehended, with or without warrant, by any constable, and if he does not, on demand, make amends for such hurt or damage to the satisfaction of the person aggrieved, he shall be detained by such constable in order to be taken before a magistrate, and of conviction shall pay such sum, not exceeding one hundred dollars, as may appear to the magistrate to be reasonable amends to the person aggrieved, besides any penalty to which he may be liable for the offence.

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