MALICIOUS DAMAGE.
No. 6 of 1865.
65
dollars, and also to pay such further sum of money as may appear to the magistrate to be a reasonable compensation for the damage, injury, or spoil so committed, not exceeding the sum of twenty-five dollars, which last-mentioned sum shall, in the case of private property, be paid to the party aggrieved, and in the case of property of a public nature, or wherein any public right is concerned, shall be paid to the Treasury.
(2) If such sums of money, together with costs (if ordered) are not paid either immediately after the conviction or within such period as the magistrate may at the time of the conviction appoint, the magistrate may deal with the offender according to the law relating to summary conviction : Provided that nothing herein contained shall extend to any case where the party acted under a fair and reasonable supposition that he had a right to do the act complained of.
s. 43 to tree,
44. *The provisions of section 43 shall extend to any person who wilfully or maliciously commits any injury to any tree, sapling, shrub, or underwood for which no punishment is herein before provided.
Making gunpowder to commit offences and searching therefor.
45. *Every person who makes, or manufactures, or knowingly has in his possession any gunpowder or other explosive substance, or any dangerous or noxious thing, or any machine, substance, engine, instrument, or thing, with intent thereby or by means thereof to commit, or for the purpose of enabling any other person to commit, any of the felonies mentioned in this Ordinance, shall be guilty of a misdemeanor, and shall be liable to imprisonment for any term not exceeding two years, and, if a male under the age of sixteen years, with or without whipping.
46. (1) When any gunpowder or other explosive, dangerous, or noxious substance, or any machine, engine, instrument, or thing, is suspected to be made, kept, or carried for the purpose of being used in committing any of the felonies mentioned in this Ordinance, a magistrate may, on reasonable cause assigned upon oath by any person, issue a warrant for searching house, etc., for such explosive substance.
* See No. 10 of 1886, Second Schedule.
LANDA SANAS, ENSZ LENNUEL, ARS AUSSAIN AMBEGU VIESTARINKETTISANAT DAEG TENKLATKERSNICA ILISHATRENING NAK JENCIS ANG BALLE PEAARD APTANTKANTOI CHA AUTOWERMINAL SESTAVELINAN DAN PENEDADERAANIKA TAS IR PARYAKE KOLKATA
MALICIOUS DAMAGE.
No. 6 of 1865.
65
dollars, and also to pay such further sum of money as may. appear to the magistrate to be a reasonable compensation for the damage, injury, or spoil so committed, not exceeding the sum of twenty-five dollars, which last-mentioned sum shall, in the case of private property, be paid to the party aggrieved, and in the case of property of a public nature, or wherein any public right is concerned, shall be paid to the Treasury.
(2) If such sums of money, together with costs (if ordered) are not paid either immediately after the conviction or within such period as the magistrate may at the time of the conviction appoint, the magistrate may deal with the offender according to the law relating to summary conviction : Provided that nothing herein contained shail extend to any case where the party acted under a fair and reasonable supposition that he had a right to do the act complained of.
s. 43 to tree,
44. *The provisions of section 43 shall extend to any person Extension of who wilfully or maliciously commits any injury to any tree, etc. sapling, shrub, or underwood for which no punishment is 24 & 25 Vict. herein before provided.
Making gunpowder to commit offences and searching therefor.
c. 97, s. 53.
etc., with
45. *Every person who makes, or manufactures, or know- Making or
having ingly has in his possession any gunpowder or other explosive substance, or any dangerous or noxious thing, or any machine, substance, engine, instrument, or thing, with intent thereby or by means intent to thereof to commit, or for the purpose of enabling any other commit person to commit, any of the felonies mentioned in this Ordin- 24 & 25 Vict. ance, shall be guilty of a misdemeanor, and shall be liable c. 97, s. 54.
[cf. to imprisonment for any term not exceeding two years, and, of No. 3 of
1903.] if a male under the age of sixteen years, with or without whipping.
felony.
46. (1) When any gunpowder or other explosive, dan- Warrant for gerous, or noxious substance, or any machine, engine, instru- searching
house, etc., ment, or thing, is suspected to be made, kept, or carried for for such the purpose of being used in committing any of the felonies explosive inentioned in this Ordinance, a magistrate may, on reasonable c. 97, s. 55. cause assigned upon oath by any person, issue a warrant for [cf. No. 1 of
* See No. 10 of 1886, Secónd Schedule.
24 & 25 Vict.
1873 and No. 14 of 1901.]
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