the-ordinances-of-the-legislative-counci-1890 — Page 268

232 ORDINANCE No. 1 OF 1849 .


Petty Sessions Court.


Chief Magistrate of Police or person duly authorized to act in his stead ; Provided
always, that in the event of none of the Justices attending , it shall be fully competent
for such Chief Magistrate of Police or person so deputed, to proceed singly to hear,
try, and determine such cases as aforesaid, as may be brought before him ; and he shall
be vested with the same power as is intended to be hereby vested in the Court of Petty
Sessions aforesaid : And that for the despatch of business, it shall and may be lawful
to and for the said Chief Magistrate of Police, or person so deputed, to adjourn the
said Court from day to day.
Extent ofpunish. 4. And be it further enacted and ordained, that such Court shall have power and
ment to be
awarded by the authority to award as punishment on due conviction, for any of the crimes or offences
Court.
above specified, imprisonment in any of Her Majesty's jails within the Colony for any
period not exceeding six calendar months, with or without hard labour ; or solitary
confinement not exceeding fourteen days at a time, or one month in all ; or any fine
not exceeding fifty dollars ; or both fine and imprisonment not exceeding these limits :
And be it further provided , that when any male offender shall be convicted under this
Ordinance of larceny, embezzlement, or of the knowingly uttering, or having possession
of with intent to utter, counterfeit coin as aforesaid, or of any felony, or of receiving
stolen property, it shall be lawful for the Court to direct that, in addition to any other
punishment to which he may be liable, the offender be once or twice publicly or
privately whipped.
Directions as to 5. And be it further enacted and ordained, that whenever corporal punishment
corporal punish
ment. shall be inflicted under this or any previous Ordinance, such punishment shall in no
case at any single time exceed thirty-six blows with a rattan, to be inflicted in the
presence of the principal jailer, or some other proper person deputed for the purpose
by the presiding Magistrate.
Power to award 6. And be it further enacted and ordained , that on the conviction of any person of
amends in certain
cases. an offence by which injury or loss to person or property shall have accrued , it shall be
lawful for such Court to award reasonable amends to be made to the person aggrieved,
by payment of any sum not exceeding fifty dollars, besides the penalty to which the
offender may be liable for the offence, notwithstanding that the aggrieved person may
have been examined as a witness in the case.
Power of a 7. And be it further enacted and ordained , that any one Magistrate of the Colony
Magistrate out of
Sessions in cases
of assault, and sitting out of sessions shall have the same power to decide all cases of assault, and
assault and
battery. assault and battery unaccompanied by an intent to commit felony, as is herein vested
in the Court of Petty Sessions in regard to assaults generally. And it is hereby pro .
vided, that such Magistrate shall not have power to award amends or compensation ; or
any punishment greater than six weeks ' imprisonment ; or a fine not exceeding twenty
five dollars.
Provision in the 8. And be it further enacted and ordained , that if any fine imposed hereunder, or
event of fines
imposed or any amends be not paid on conviction, or within such time or times as may be deter
amends directed,
not being paid. mined by the Court or Magistrate convicting, it shall be lawful for the convicting Court
or Magistrate to imprison the offender for any period not exceeding, together with any