the-ordinances-of-the-legislative-counci-1890v3 — Page 447

1730 ORDINANCE No. 6 OF 1883 .


Tramways.


summary proceeding before a Magistrate, and on complaint being made
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 summons 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 summons , it shall be lawful for any Magistrate to proceed to the
hearing ofthe 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 for
feiture incurred as well as such costs attending the conviction as such
Magistrate shall think fit.

By distress. 130. If forthwith upon any such adjudication as aforesaid , 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 Magis

trate shall issue his warrant of distress accordingly. The said amount
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 .

Application 131. The Magistrate by whom any such penalty or forfeiture shall
of penalties.
be imposed may, where the application thereof is not 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 the other moiety to the informer or party pro

secuting or complaining.

Distress not 132. No distress levied by virtue of this Ordinance shall be deemed
unlawful for
want of form. 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 irregularity after
wards committed by him, but all persons aggrieved by such defect or
irregularity may recover full satisfaction for the special damage in an
action or suit upon the case