the-ordinances-of-the-legislative-counci-1890v2 — Page 93

683
TRAMWAYS. [ 6 or 1883. ]
ordinance, or by virtue of any power or authority hereby given,
and if before action or suit brought in respect thereof, such
party make tender of sufficient amends to the party injured,
such last -mentioned party shall not recover in any such action
or suit , and if no such tender shall have been made, it shall be
lawful for the defendant, by leave of the Court where such action
or suit shall be pending, at any time before answer filed, to pay
into Court such sum ofmoney as he shall think fit, and thereupon
such proceeilings shall be had as in other cases where defendants
are allowed to pay money into Court.
129. Every toll penalty or forfeiture imposed by this Recovery & c.
of
ordinance or by any order in Council, regulation, or bye-law tolls, &
made in pursuance hereof, the recovery of which is not other
wise provided for, may be recovered by suminary proceeding
before aMagistrate, and on complaint being made to a Magistrate
he shall issue a summons requiring the party complained
against to appear before any Magistrate at a time and place to
be named in such summons,, and every such suminons shall be
served on the party offending either in person or by leaving the
same with some inmate at his usual or last known place of
abode, and upon the appearance of the party complained against,
or in his absence after proof of the due service of such suunmons,
it shall be lawful for any Magistrate to proceed to the hearing
of the complaint, and that although no information in writing
or in print shall have been exhibited before him , and upon proof
of the offence, it shall be lawful for such Magistrate to convict
the offender , and upon such conviction to adjudge the offender
to pay the penalty or forfeiture incurred as well as such costs
attending the conviction as such Magistrate shall think tit .
130. If forth with upon any such adjudication as aforesaid, By distress.
the amount of the toll , penalty, 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 annount 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
shall have been distrained.

131. The Magistrate by whom any such penalty or forfeiture Application
shall be imposed may, where the application thereof is not of penalties..
otherwise provided for, award one moiety thereof to the use of
Her Majesty, Her Heirs and Successors for the public uses of
the Colony and the support of the Government thereof, and