MAGISTRATES . [ 10 (F 1890. ] 1195
for such period as may be in accordance with the scale provided
by section 57 of this ordinance unless the fine or sum adjudged
to be paid , and all costs and charges of the distress, ( the amount
thereof being ascertained and stated in such commitment ) shall
be sooner paid .
43. In all cases where the ordinance or statute by virtue of Power to
which a conviction for a fine or an order for the payment of commit
money is inade, makes no provision for such fine or sum being instance.
levied by distress, but directs that if the same be not paid £.c 43,3. 23.j
forth witń, or within a certain time therein mentioned , or to be
mentioned in such conviction or order, the defendant shall be
imprisoned , or imprisoned and kept to hard labour, for a certain
time, unless such fine or sum shall be sooner paid , in every
such case such fine or suin shall not be levied by distress ; but
it the defendant do not pay the same, together with costs, if
awarded , forthwith , or at the time specified in such conviction
or order for the payment of the same, it shall be lawful for a
Magistrate to issue his warrant of commitment (LI., LII.) under
his hand and seal , requiring the constable or constables to whom
the same shall be directed to take and convey such defendant
to prison , and there to deliver him to the Superintendent thereof,
and requiring such Superintendent to receive such defendant
and to imprison him , or to imprison him and keep him to bard
labour as the case may be, for such time as the ordinance or
statute on which such conviction or order is founded as aforesaid
shall direct, unless the fine, sum or sums adjudged to be paid ,
shall be sooner paid.
44. Where a conviction does not order the payment of any commitment
fine, but that the defendant be imprisoned, or imprisoned and dience
> fordisobe:
of an
kept to bard labour, for his offence, or where an order is not for order to do
the payment of money, but for the doing of some other act, and not
somebeing
act,& c.
directs that in case of the defendant's neglect or refusal to do payment of
such act he shall be imprisoned, or imprisoned and kept to hard ( 11 & 12 V.
labour , and the defendant neglects or refuses to do such act, in c. 43, s.24.]
every such case it shall be lawful for a Magistrate to issue his
warrant of commitment ( LV. , LVI. ) under his hand and seal,
requiring the constable or constables to whom the same shall
be directed to take and convey such defendant to prison and
there to deliver him to the Superintendent thereof, and requiring
such Superintendent to receive such defendant and to imprison
him , or to imprison him and keep him to hurd labour, as the
case may be, for such time as the ordinance or statute on which
such conviction or order is founded as aforesaid shall direct ;
and in all such cases , where by such conviction or order any
sum for costs shall be adjudged to be paid by the defendant to
the complainant or prosecutor, such sum may, if the Magistrate