Recognizance may be dispensed with.
4 Summary order.
49, s. 34.
33. Where in the case either of imprisonment or a fine there is prescribed a requirement for the offender to enter into his recognizance and to find sureties for keeping the peace and observing some other condition, or to do any of such things, the magistrate may dispense with any such requirement or any part thereof.
34.-(1) Where a power is given by any future enactment 42 & 43 Vict. to a magistrate of requiring any person to do or to abstain from doing any act or thing, other than the payment of money, or of requiring any act or thing to be done or left undone, other than the payment of money, and no mode is prescribed of enforcing such requisition, a magistrate may exercise such power by an order and may annex thereto any conditions as to time or mode of action which he may think just, and may suspend or rescind any such order on such undertaking being given or condition being performed as he may think just, and generally may make such arrangements for carrying into effect such power as to him may seem meet.
(2) A person making default in complying with any such order shall be punished in the prescribed manner, or, if no punishment is prescribed, may be ordered to pay a sum not exceeding five dollars for every day during which he is in default, or to be imprisoned, without hard labour, until he has remedied his default: Provided that a person shall not, for non-compliance with the requisition of a magistrate, whether made by one or more orders, to do or to abstain from doing any act or thing, be liable under this section to imprisonment for any term or terms amounting in the aggregate to more than three months, or to the payment of any sums exceeding in the aggregate one hundred dollars.
35.-(1) The magistrate by whose conviction or order any sum is adjudged to be paid may do all or any of the following things:
Provision as to mode of payment of sum adjudged to be paid.
42 & 43 Vict. c. 49, s. 7.
(a) allow time for the payment of the sum;
(b) direct payment to be made of the sum by instalments.