سلتسنييها
PUBLIC RECORD OFFICE
Reference:
C.O. 882
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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Imprison- ment in lieu of fine to be at certain rates.
Imprison-
ment in lieu
of costs to be at certain rates.
In lieu of what costs
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defendant or accused, by whom fees are que, or against whom fine and costs have been awarded, shall show to the satisfaction of the magistrate that he is able and willing to pay the fine and costs or fees or costs, it shall be competent to the magistrate to grant him a delay, not exceeding eight days, for the pay- ment thereof. Pending such delay, such person may be kept in custody until the fine and costs or fees or costs are paid, unless he shall furnish two good sure- ties in a sum not exceeding 501. for such payment, or the surrender of himself within the delay fixed by the magistrate.
If at the expiration of the delay the fine and costs or fees or costs shall not have been paid, and the per- son convicted, or any person, plaintiff, or complainant, defendant or accused, by whom fees or costs are due, or against whom fine and costs have been awarded, shall not surrender himself, the magistrate shall declare the sums mentioned in the security bond to be forfeited, and shall order their recovery by seizure and sale of the goods of such sureties, or otherwise according to law; and shall further issue his warrant for the arrest of the person convicted, or any person, plaintiff, or complainant, defendant or accused, by whom fees or costs are due, or against whom fine and costs have been awarded, and upon his appre- hension and production before him shall commit such person to prison for the respective periods herein- after mentioned in respect of the non-payment of such fine and costs.
The forms provided in Schedules Nos. 37, 38, and 39 hereunto annexed, shall be followed as nearly as may be in all proceedings under this article.
256. Where the fine imposed by the stipendiary magistrate upon any person convicted shall not be paid forthwith, or within the delay allowed by the magistrate as aforesaid, such person shall be com- mitted to prison in respect of such fine remaining unpaid, for the period provided in Schedule No. 40 hereunto annexed.
If during such imprisonment the said fine be paid, the said person shall be no longer detained in respect thereof, and the term of imprisonment undergone by him shall be reckoned as part of the period of im- prisonment to which such person may have been condemned as after-mentioned in respect of costs or fees.
257. Where the costs or fees decreed by the ati- pendiary magistrate against any person convicted, or any person, plaintiff, or complainant, defendant or accused, shall not be paid forthwith, or within the delay allowed by the magistrate as aforesaid, such person shall be committed to prison in respect of such costs or fees remaining unpaid for the period provided in Schedule No. 41 hereunto annexed.
Imprisonment for costs or fees shall, subject to the provisions contained in the second paragraph of the preceding article, be in addition to the imprisonment imposed in respect of non-payment of fines.
258. The costs in respect of the non-payment of which a person convicted as aforesaid, or any person, ment shall be plaintiff, or complainant, defendant or accused, by whom fees are due, or against whom costs have been
imprison-
ordered.
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awarded, shall be subject to imprisonment shall in- clude fees of court, usher's fees, and the duly taxed fees and allowances of those witnesses only whom, in the opinion of the magistrate, it was proper to summon in connection with the charge.
certain cases.
289. When a criminal prosecution shall have been Costs to be instituted by a private individual, and shall have borne by the resulted in the conviction of the accused, it shall be Crown in lawful for the magistrate to certify in writing upon the record, that in his opinion the prosecution has been of material benefit to the public, and thereupon the fees of court already paid by such person shall be refunded to him, and such person shall not be
·liable for the costs of witnesses whom, in the opinion of the magistrate, it was proper to summon in con- nection with such case, but such costs, after due taxation, shall be paid by the Crown. .J H
gistrate to
260. In ascertaining the amount of costs for the Power to ma purposes of article 255 hereof, it shall be competent how our to the said magistrate to throw out of view fees and tain souts in allowances due to witnesses who he shall considering period of imprison. should not have been called in connection with such ment. charge.
in the event
261. Where any criminal charge within the juris- Recovery of diction of the stipendiary magistrate is dismissed by costs from such magistrate, he may, if he shalt deem fit, order complainant that the taxed costs duly incurred by the defendant of charge be borne, in whole or in part, by the complainant being dia other than the Crown, and thereupon the said costs missed. shall be recovered in manner herein-before provided.
262. When several persons shall be prosecuted Liability before the stipendiary magistrate under one complaint, where save- and shall be convicted by him, each person shall be real persons individually responsible for the fine imposed upon convicted. are jointly him, and for such part of the costs as shall be appor- tioned to him by the magistrate.
amination of
263. No complaint or summons need be sworn to Complaint at the time, it is entered or lodged or issued, but on need not be its return the complainant or plaintiff shall be heard sworn to, ex- on oath or solemn affirmation in support of his com- plaintiff and plaint or claim, and, except in criminal matters, the defendant on defendant may also be heard on oath or solemn affir. oath, mation in support of his defence.
Provided that all matters shall be deemed criminal
for which fine and imprisonment may in the first instance be inflicted.
1.
264. Any person who having duly served with any Penalty for summons issued by a stipendiary magistrate shall refusal to refuse or neglect without sufficient cause to appear dance.
give evi- or to produce any books, papers, or writings required by such summons to be produced, and also every person present in court who, on being required to give evidence, shall refuse to be sworn or to give evidence, shall forfeit and pay a fine not exceeding 10% sterling.
265. Any person giving false evidence before Penalty for a stipendiary magistrate shall on conviction be false eri- punished by imprisonment not exceeding three denos, false months, to be awarded by the stipendiary magis- cious com- trate, who may nevertheless refer the case to the plaint. ordinary course of law.
41170.
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and mali-