13
tion of
twenty-five
32. Where a defendant is fined a sum not exceeding Appropria- twenty-five dollars and the same is not forthwith paid, the money found magistrate may order the defendant to be searched, and if on on defendant
for payment being searched he is found to have on his person money equal of fine not to the amount of his fine, it shall be lawful for the magistrate, oxceeding upon oath made to him of the fact by any person who was pre- dollars. sent when the defendant was searched, to order that so much of the money as may be suflicient to satisfy the fine be forfeit- ed, and that the defendant be thereupon discharged from custody. A similar order may be made where sufficient money to satisfy the fine has been found on the defendant as the result of a previous search by the police.
may be
33. Where in the case either of imprisonment or a fine Recognizance there is prescribed a requirement for the offender to enter into dispensed his recognizance and to find sureties for keeping the peace and with. observing some other condition, or to do any of such things, the magistrate may dispense with any such requirement or any part thereof.
Order.
42 & 43 Vict.
34.--(1) Where a power is given by any future enact- Summary ment to a magistrate of requiring any person to do or to abstain from doing any act or thing, other than the payment of money, c. 49, s. 34. or of requiring any act or thing to be done or left undone, other than the payment of money, and no mode is prescribed of en- forcing such requisition, a magistrate may exercise such power by an order and may annex thereto any conditions as to time or mode of action which he may think just, and may suspend or rescind any such order on such undertaking being given or condition being performed as he may think just, and generally may make such arrangements for carrying into effect such power as to him may seem meet.
(2) A person making default in complying with any such order shall be punished in the prescribed manner, or, if no punishment is prescribed, may be ordered to pay a sum not exceeding five dollars for every day during which he is in default, or to be imprisoned, without hard labour, until he has remedied his default: Provided that a person shall not, for non-compliance with the requisition of a magistrate, whether made by one or more orders, to do or to abstain from doing any act or thing, be liable under this section to imprisonment for any term or terms amounting in the aggregate to more than three months or to payment of any sums exceeding in the aggregate two hundred dollars.
35.--(1) The magistrate by whose conviction or order any sum is adjudged to be paid may do all or any of the following things:
(a) allow time for the payment of the sum;
(b) direct payment to be made of the sum by instalments; and
(c) direct that the person liable to pay the sum shall be at liberty to give, to the satisfaction of a magistrate or such person as may be specified by the magistrate adjudging the money to be paid, security, with or without a surety or sure ties, for the payment of the sum or of any instalment thereof, and such security may be given and enforced in manner pro- vided by this Ordinance.
Provision as payment of
to mode of
sum adjudged to be paid. 42 & 43 Vict. c. 49, s. 7.
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