CAP. 227]
Magistrates.
[s. 59 cont.] such warrant until such time and on such conditions, if any, as to him may seem just.
(2) The wearing apparel and bedding of a person and his family and, to the value of one hundred dollars, the tools and implements of his trade shall not be taken under a distress issued by a magistrate.
Rules.
Forms 24, 59.
Exercise on complaint of power to bind over
(3) Where, on application made to a magistrate to issue a warrant for committing a person to prison for non-payment of a sum adjudged to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient distress to satisfy any such sum, it appears to the magistrate to whom the application is made that, either by payment of part of the said sum, whether in the shape of instalments or otherwise, or by the net proceeds of the distress, the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount adjudged to be paid by the conviction or order, would have subjected the defendant to a maximum term of imprisonment less than the term of imprisonment to which he is liable under such conviction or order, the magistrate shall, by his warrant of commitment revoke the term of imprisonment, and order the defendant to be imprisoned for a term not exceeding such less maximum term instead of the term originally mentioned in the conviction or order.
Recognizances, etc.
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60. (1) The power of a magistrate, on complaint of any person, to adjudge a person to enter into a recognizance and find sureties to keep the peace or to be of good behaviour towards such first-mentioned person shall be exercised by an order upon complaint, and the provisions of this Ordinance shall apply accordingly, and the complainant and defendant and witnesses may be called and examined and cross-examined, and the complainant and defendant shall be subject to costs, as in the case of any other complaint.
(2) The magistrate may order the defendant, in default of compliance with such last-mentioned order, to be imprisoned, without hard labour, for six months.
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