1937_MALICIOUS_DAMAGE_ORDINANCE__1865 — Page 14

MALICIOUS DAMAGE.

No. 6 of 1865.

67

51. Where an intent to injure or defraud is one of the Intent to constituent elements of an offence under this Ordinance, it shall injure

particular not be necessary to prove an intent to injure or defraud any person need particular person, but it shall be sufficient to prove that accused did the act charged with an intent to injure or defraud, as the case may be.

the

not be proved. 24 & 25 Vict.

c. 97, s. 60.

offence.

52. Any person found committing any offence against this Apprehension

of person Ordinance, whether the same is punishable on indictment or

in act of on summary conviction, may be immediately apprehended, committing without a warrant, by any officer of police, or by the owner 24 & 25 Vict. of the property injured or his servant, or by any person authorized by him, and forthwith taken before a magistrate, to be dealt with according to law.

[s. 53, rep. Law Revision Ordinance, 1937.]

c. 97, s. 61.

of forfeiture

conviction.

54. Every sum of money which is ordered to be paid in Application respect of any injury done shall be assessed in each case by the or penalty convicting magistrate, and shall be paid to the party aggrieved, on summary except where he is unknown, and in that case such sum shall 24 & 25 Vict. be applied in the same manner as a penalty: Provided that c. 97, s. 64. where several persons join in the commission of the same offence, and, on conviction thereof, each is ordered to pay a equivalent to the amount of the injury done, no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sums ordered to be paid shall be applied in the same manner as a penalty.

sum

Committal

to prison in

default of

c. 97, s. 65.

55. In every case of a summary conviction under this Ordinance, where the sum which is ordered to be paid in respect of the injury done, or which is imposed as a penalty payment of by the magistrate, is not paid, either immediately after the forfeiture or

penalty. conviction or within such period as the magistrate may at the 24 & 25 Vict. time of the conviction appoint, the convicting magistrate (unless where otherwise specially directed) may sentence the offender to imprisonment under and in accordance with the provisions of any Ordinance relating to the jurisdiction of magistrates and the practice and procedure before them in respect of offences punishable on summary conviction.