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MAGISTRATES.
No. 3 of 1890.
51:1:
been entered into by any person as principal or surety before a Magistrate, any Magistrate, on proof of the conviction of the person bound as principal by the recognizance of any offence which is in law a breach of the condition of the same, may, by conviction, adjudge the recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respectively bound.
forms 29, 30,
(3) All sums paid in respect of a recognizance declared or 1st schedule: adjudged by a Magistrate in pursuance of this section to be forfeited shall be paid to the Magistrate's clerk, and shall be paid and applied by him in the manner in which fines imposed by such Magistrate, in respect of which fines no special appropriation is made, are payable and applicable.
Civil Debts.
55. A civil debt may be recovered on summons and enforced in the manner hereinafter provided; and the payment of any costs ordered to be paid by the complainant or defendant in the case of any such complaint shall be enforced in like manner as such civil debt and not otherwise.
civil debts
Recovery of and costs. [42 & 43 Vict. form 61. c. 49 s. 6.]
civil debt.
56. (1) Any sum of money recoverable summarily as a civil debt within the meaning of this or any future Ordinance, or in respect of the recovery of which jurisdiction is given by such Ordinance to a Magistrate, shall be deemed to be a sum for payment of which a Magistrate has authority by law to make an forms 62-69. order on complaint under this Ordinance: Provided as follows:
(1) a warrant shall not be issued for apprehending any person for failing to appear to answer any such complaint; and
(2) an order made by a Magistrate for the payment of any such civil debt as aforesaid or of any instalment thereof or for the payment of the costs in the matter of any such complaint, whether ordered to be paid by the complainant or the defendant, shall not, in default of distress or otherwise, be enforced by imprisonment, unless it is proved, to the satisfaction of a Magistrate, that the person making default in payment of such civil debt, instalment, or costs either has, or has had since the date of the order, the means to pay the sum in respect of which he has made default and has refused or neglected or refuses or neglects to pay the same, and in any such case the Magistrate shall have power to imprison the defendant for any period not exceeding 3 weeks, unless the same shall be sooner paid.