Magistrates.
[CAP. 227
This section shall apply to fines imposed by a marine magistrate under the Merchant Shipping Ordinance, 1899.
[62 (10 of 1899).
Costs.
Power to award costs and recovery by distress. 11 & 12 Vict. c. 43, s. 18.
68. (1) In every case of summary conviction or of an order made by a magistrate, except as provided in section 70, it shall be lawful for the magistrate making the same to award and order in and by the conviction or order that the defendant shall pay to the complainant or informant respectively such costs as to him may seem just and reasonable in that behalf, but not in any case exceeding fifty dollars; and in any case where the magistrate, instead of convicting or making an order as aforesaid, dismisses the complaint or information, it shall be lawful for him, in and by his order of dismissal, to award and order that the complainant or informant respectively shall pay to the defendant such costs as to him may seem just and reasonable, but not in any case exceeding fifty dollars.
(2) The sum so allowed for costs shall in every case be specified in the conviction or order or order of dismissal as aforesaid, and the same shall be recoverable in the same manner and under the same warrants as a fine or a sum of money adjudged to be paid in and by such conviction or order is to be recoverable, and in any case where there is no such fine or sum to be thereby recovered, then such costs shall be recoverable by distress and sale of the goods and chattels of the party or by imprisonment for any term not exceeding fourteen days, unless such costs shall be sooner paid.
[63 for com- prosecutor 11 & 12 Vict. c. 43, s. 26.
Rules.
69. Where a complaint or information is dismissed with costs, the sum awarded for costs in the order for dismissal may be levied by distress on the goods and chattels of the complainant or informant, and, in default of distress or payment, the complainant or informant may be committed to prison, without hard labour, for fourteen days, unless such sum, and all costs and charges of the distress (the amount thereof being ascertained and stated in the commitment) shall be sooner paid.
259-
[64 Forms 44, 58. 30 of 1958 s.13