Repeal of Ordinance No. 3 of 1890, s. 45, and substitution
of new section.
Amendment
of Ordinance
No. 3 of 1890, s. 88.
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(2) Notwithstanding the provisions of sub- section (), no person who has been sentenceď ́ to imprisonment in default of payment of a sum adjudged to be paid by a conviction or order shall be entitled to be discharged on the first day of his imprisonment except upon the payment in full of the sum in respect of which the sentence of imprisonment was imposed.
(3) Notwithstanding the provisions of sub- section (1), where any person who has been sentenced to imprisonment in default of payment of a sum of money adjudged to be paid by a conviction or order earns under the Prison Rules any remission of the sentence, the term of his imprisonment shall for the purposes of sub-sec- tion (1) be demel, at any given time, to have" hoen reduced by such period of remission as may at the time stand to his eredit.
6. Section 45 of the Magistrates Ordinance, 1890, is repealed and the following section is substitute I therefor:-
Conseen- tive
sentences
4 & 5 Geo. 5, c. 5s, s. 18.
45. Where a term of imprisonment is imposed by a magistrate, either in the first instance or in of impri- respect of the non-payment of any sum of money sonment. adjudged to be paid by a conviction or order, the magistrate may order that the said term shall commence at the expiration, in whatever manner. of any other term of imprisonment which has previously been imposed by any court: Pro- vided that where two or more terms of imprison- ment imposed by a magistrate or inagistrates are ordered to run consecutively the aggregate of the said teras of imprisonment shall hot exceed twelve months.
7. Section 88 of the Magistrates Ordinance, 1890, is amended by substituting one hundred" for "fifty" in the
fifth line thereof.
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{
Objects and Reasons.
1. The object of clanse 2 of this bill is to enable a Government servant who has once been appointed a police magistrate to exercise the powers of a magistrate even though he has since been appointed to some other office. In practice the exercise of such a power would be con- venient so as to enable a magistrate, who has moved on to another post, to complete the hearing of part-heard cases.
2. Clause 3 of the bill, coupled with amendments to be made in the Merchant Shipping Ordinance, 1899, is intended to confer upon the Assistant Harbour Master the same magisterial powers as the Harbour Master can now exercise, so as to remedy the inconvenience of the hearing of cases before the Marine Magistrate being delayed if at any time the Harbour Master is either ill or absent from the Harbour Office on other duties.
3. Clause 4 of the bill, which is based on section 29 of the Criminal Justice Administration Act, 1914, 4 & 5 Geo. 5, c. 58, gives a magistrate power to issne a subpœna duces tecum which at present can only be obtained from the Supreme Court.
4. Clause 5 of the bill, which is based on the section 3 (1) of the Criminal Justice Administration Act, 1914, gives statutory recognition to the practice of accepting of pay- ment of part of a sum of money adjudged to be paid by a conviction or order in commutation of a proportionate part of the alternative term of imprisonment.
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