MAGISTRATES. [ 10 of 1890.] 1193
37. Every person who shall aid , abet, counsel or procure Prosecution
the commission of any offence which is or hereafter shall be and punish:
punishable by a Magistrate on suminary conviction shall be and abettors.
liable to be proceeded against and convicted for the same either c!.7.&
43, s.175.]Y:
together with the principal offender or before or after his
conviction and shall be liable to the same punishment and
penalties as such principal is or shall be by law liable .
38. A Magistrate shall not , by cumulative sentences of Cumulative
imprisonment ( other than for default of finding sureties ) to to exceed not
six
take effect in succession in respect of several assaults committed months.
on the same occasion, impose on any person imprisonment for 12:38
c. 49, s. ];
the whole esceeding six months; but nothing in this section
shall be deemed to affect the provisions hereinafter contained
in section 83 .
Committal and Distress Warrants.
( Forms xl. , to Lix . )
39. Where a conviction ( xvi . ) adjudges a fine to be paid, Warrants of
,
or where an order requires the payment of a sum of money and distress:
( 11 & 12 v .
by the ordinance or statute past or future authorising such č. 43, s. 19.)
conviction or order such fine or sum of money is to be levieil
upon the goods and chattels of the defendant by distress and
sale thereof, and also in cases where by the ordinance or statute
past or future in that behalf no mode of raising or levying such
fine or sum of money ,or ofenforcing the payment of the same,,
is stated or provided, it shall be lawful for a Magistrate to issue
his warrant of distress ( XL. , XLI.) for the purpose of levying
the same, which said warrant of distress shall be in writing
under the hand and seal of the Magistrate making the same:
provided always, that whenever it shall appear to the Magistrate
to whom application shall be made for any such warrant of
distress as aforesaid that the issuing thereof would be ruinous
to the defendant and his family, or wherever it shall appear to
such Magistrate, by the confession of the defendant or otherwise,
that he hath no goods or chattels whereon to levy such distress,
or wbenever in the opinion of the Magistrate it is inexpedient
to issue such warrant of distress, then and in every such case
it shall be lawful for such Magistrate, if he shall deem fit, instead
of issuing such warrant of distress, to commit such defendant
to prison with or without hard labour, for such time and in
such manner as by law such defendant might be so committed
in case such warrant of distress had issued and no goods or
chattels could be found whereon to levy such fine or sun and
costs aforesaid .