42
CAP. 227]
Magistrates
[1988 Ed.
(3) All sums paid in respect of a recognizance declared or adjudged by a magistrate in pursuance of this section to be forfeited shall be paid to the magistrates' clerk, and shall be paid and applied by him in such manner as the Director of Accounting Services may direct. (Amended, L.N. 16/77) (See Form 55)
[cf. U.K. 1879 c. 49, s. 9]
Civil debts
66. [Repealed, 35 of 1969, Schedule]
Enforcing civil debt
67. (1) Any sum of money recoverable summarily as a civil debt within the meaning of this or any other 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: (See Forms 71A–77)
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 the 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 3 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.
(3) The payment of any costs ordered to be paid by the complainant or the defendant in proceedings for the recovery of a civil debt shall, subject to paragraph (b) of the proviso to subsection (1), be enforced in like manner as such civil debt. (Added, 35 of 1969, Schedule)
[cf. U.K. 1879 c. 49, s. 35]
Scale of imprisonment for non-payment of money, etc.
Scale of imprisonment for non-payment of money adjudged to be paid, etc.
68. Unless in any enactment it is otherwise provided, the period of imprisonment, which may be imposed by a magistrate exercising summary jurisdiction, in respect of the non-payment of any sum of money adjudged to be paid by a conviction, whether it be a fine or in respect of the property the subject of the offence, or in respect of the injury done by the offender, or in respect of
C