MAGISTRATES.
No. 3 of 1890.
469
imposed by such magistrate, in respect of which fines no special appropriation is made, are payable and applicable.
Civil debts.
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.
42 & 43 Vict. c. 49, s. 6.
First Schedule. Form No. 61.
civil debt.
First
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 order on complaint under this Ordinance: Provided as follows:--
(a) a warrant shall not be issued for apprehending any person for failing to appear to answer any such complaint; and
(b) 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 such case the magistrate shall have power to imprison the defendant for any period not exceeding three weeks, unless the same shall be sooner paid.
(2) Proof of the means of the person making default may be given in such manner as the magistrate to whom application is made for commitment to prison may think just...
Scale of imprisonment for non-payment of money, etc.
62-69.
57. Unless in any enactment it is otherwise provided, the Scale of period of imprisonment, with or without hard labour, which may be imposed by a magistrate exercising summary jurisdiction for non-pay-