the-ordinances-of-the-legislative-counci-1890v2 — Page 94

68-1 [ 6 OF 1883.] TRANIWAYS .


the other moiety to the informer or party prosecuting or
complaining.
Distress not 132. No distress levied by virtue of this ordinance shall be
unlawful
want of form., 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 irregnlarity afterwards
committed by him , but all persons aggrieved by such defect or
irregularity inay recover full satisfaction for the special damage
in an action or suit upon the case .
Tolls, &c, to 133. No person shall be liable to the payment of any toll
be sued for
within six
months ,
penalty or forfeiture imposed by virtue of this ordinance for any
offence made cognisable before a llagistrate unless the complaint
respecting such offence shall have been made before such va
gistrate within six months next after the commission of such
offence.

Power to
summon
134. It shall be lawful for any Magistrate to summon any
witnesses. person to appear before him or any other Magistrate as a witness
in any matter in which a Magistrate shall have jurisdiction
under the provisions of this ordinance, at a time and place
mentioned in such summons, and to administer to him an oath
to testify the truth in such matter, and if any person so sum
moned shall without reasonable excuse refuse or neglect to
appear at the time and place appointed for that purpose having
been paid or tendered a reasonable sum for his expenses , or if
any person appearing shall refuse to be examined upon oath or
to give evidence before such Magistrate, every such person shall
forfeit a sum not exceeding fifty dollars for every such offence .
Form of con .
viction . 135. The Magistrate before whom any person shall be con
victed of any offence against this ordinance may cause the con
viction to be drawn up according to the form in schedule F. to
this ordinance.

Proceedings
not to be
136. No proceeding before a Magistrate in pursuance of this
quashed for ordinance shall be quashed or vacated for want of form or
want of form . removed by certiorari or otherwise into the Court.
Appeal. 137. If any party shall feel aggrieved by any determination
or adjudication of any Magistrate with respect to any penalty
or forfeiture under the provisions of this ordinance, such party
may appeal under the provisions of and in manner provided by
[*Repealed
Nee No. 10
: Ordinance No. 4 of 1858, * intituled An Ordinance for Summary
of 1890.] Jurisdictions and Appeals to the Supreme Court.