1923_TRAMWAY_ORDINANCE__1902 — Page 28

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1430

Distress.

Application of penalties.

Distress not

want of form,

No. 10 of 1902.

TRAMWAY.

have been exhibited before him, and, upon proof of the offence, it shall be lawful for such magistrate to convict the offender and to order him to pay such fare, charge, penalty or forfeiture, as well as such costs attending the conviction, as he shall think fit.

71. If forthwith, upon any such adjudication as aforesaid, the amount of the fare, charge, penalty or forfeiture, and of such costs 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.

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.

Fares, etc., to be sued for within six months.

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 six months next after the commission of such offence.

Power to summon witnesses.

75.--(1) It shall be lawful for any magistrate to summon any person to appear before him or any other magistrate as a witness in any matter in which a magistrate has jurisdiction.

* As amended by Law Rev. Ord., 1924.

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1430 Distress. Application of penalties. Distress not want of form, No. 10 of 1902. TRAMWAY. have been exhibited before him, and, upon proof of the offence, it shall be lawful for such magistrate to convict the offender and to order him to pay such fare, charge, penalty or forfeiture, as well as such costs attending the conviction, as he shall think fit. 71. If forthwith, upon any such adjudication as aforesaid, the amount of the fare, charge, penalty or forfeiture, and of such costs 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. 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. Fares, etc., to be sued for within six months. 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 six months next after the commission of such offence. Power to summon witnesses. 75.--(1) It shall be lawful for any magistrate to summon any person to appear before him or any other magistrate as a witness in any matter in which a magistrate has jurisdiction. * As amended by Law Rev. Ord., 1924. 124
Baseline (Original)
1430 Distress. Application of penalties. Distress not want of form, No. 10 of 1902. TRAMWAY. have been exhibited before him, and, upon proof of the offence, it shall be lawful for such magistrate to convict the offender and to order him to pay such fare, charge, penalty or forfeiture, as well as such costs attending the conviction, as he shall think fit. 71. If forthwith, upon any such adjudication as aforesaid, the amount of the fare, charge, penalty or forfeiture, and of such costs 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 forfei- ture 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. 73. No distress levied by virtue of this Ordinance shall unlawful for 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 after- wards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in a civil action. Fares, etc., to be sued months. 74. No person shall be liable to the payment of any fare, for within six charge, penalty or forfeiture imposed by virtue of this Ordi- nance for any offence made cognizable before a magistrate unless the complaint respecting such offence shall have been made before such magistrate within six months next after the commission of such offence. Power to summon witnesses. Ek 75.--(1) It shall be lawful for any magistrate to summon any person to appear before him or any other magistrate as a witness in any matter in which a magistrate has jurisdic- * As amended by Law Rev. Ord., 1924. tion plac an rec foi Su ΟΙ ! + 124
2026-05-03 12:29:08 · Baseline
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1430

Distress.

Application of penalties.

Distress not

want of form,

No. 10 of 1902.

TRAMWAY.

have been exhibited before him, and, upon proof of the offence, it shall be lawful for such magistrate to convict the offender and to order him to pay such fare, charge, penalty or forfeiture, as well as such costs attending the conviction, as he shall think fit.

71. If forthwith, upon any such adjudication as aforesaid, the amount of the fare, charge, penalty or forfeiture, and of such costs 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 forfei- ture 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.

73. No distress levied by virtue of this Ordinance shall unlawful for 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 after- wards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in a civil action.

Fares, etc., to be sued

months.

74. No person shall be liable to the payment of any fare, for within six charge, penalty or forfeiture imposed by virtue of this Ordi- nance for any offence made cognizable before a magistrate unless the complaint respecting such offence shall have been made before such magistrate within six months next after the commission of such offence.

Power to

summon

witnesses.

Ek

75.--(1) It shall be lawful for any magistrate to summon any person to appear before him or any other magistrate as a witness in any matter in which a magistrate has jurisdic-

* As amended by Law Rev. Ord., 1924.

tion

plac

an

rec

foi

Su

ΟΙ

!

+

124

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