Amcodment
17.
on grounds of public health or otherwise howsoever, unlawful, dangerous or impracticable that it be retained in police custody or disposed of in such manner including destruction, as the magistrate may direct: Provided that no such order shall be made either under paragraph (4) or paragraph (b) onless the magistrate is satisfied that the property will not be required us an exhibit in any further proceedings before a magistrate or before the Supreme Court and is not perishable and no such order shall be made until ben days after the determination of such trial and that, if in the meanwhile an appeal has been lodged under section 100 or section 108, no such order shall be made until any such appeal has been determined or abandoned.
(2) Where an order for sale bas been made under the preceding sub-section, the rights of any person in the property ordered to be sold shall be extinguished in favour of the Crown, but be shall, until the expiration of six months from the time when such property came into the hands of the police, have a corresponding interest in the proceeds of sale. Upon the expiration of such period of six months then subject to any order made by & magistrata under sub-section (3) pursuant to an appli- cation lodged before the expiration of such period the proceeds of sale shall be forfeited to the Crown and sball be paid into general revenue.
(3) A magistrate may upon application by a person claiming a right in the proceeds of sale order that such proceeds or the portion thereof to which a right bas been established shall be paid to the person establishing such right.
(4) Where the retention or disposal of property is ordered under paragraph (6) of sub-section (1), the order shall not affect the right of any person to take within six months from the date of the order legal pro. ceedings against any person in possession of property delivered to him by virtue of such order, but on the expiration of those six months the right shall cease.
(5) Where by any other enactment it is pro- vided that any particular property or class of property should or may be forfeited, destroyed or disposed of, then the provisions of such enactment shall prevail.
*
Section 44 of the principal Ordinance is hereby amended by of section 44 the substitution of the words "five hundred dollars" for the last three of the
words thereof.
principal
Ordinance.
Substitution
18. The following section is hereby substituted for section 51 of
of new section the principal Ordinance :----
for section SI
of the
principal Ordinance.
"Consecutive
sentences of imprison-
ment.
51. Where a term of imprisonment is imposed by a magistrate, either in the first instance or in respect of the non-payment of any sum of money adjudged to be paid by a conviction or order, the magistrate may order
that the said term shall commence at the expiration, in whatever manner, of any other term of imprisonment which has previously been imposed by any court: Pro- vided that where two or more terms of imprisonment imposed by a magistrate are ordered to run consecutively the aggregate of the said terms of imprisonment shall not, in the case of a special magistrate, exceed twelve months and in the case of a permanent magistrato exceed three years.
►
19.
Bub-section (2) of section 51 of the principal Ordinance is Amendment hereby amended by the substitution of the words "one hundred" for of sub-
action (2) the words "twenty-five" in the second line thereof,
of section 54 of the principal Ordinance.
20.
The following scule is hereby substituted for the scule set Substitution forth in section 62 of the principal Ordinance :-
of scale in bection 6a
"Where the auct
does not exceed $20
༥ ཋཱ*,་་“
oxceeds $30 bub does not exceed $50
the period of imprisonment
shall not exceed...
7 days
14
17
$50 $1001
$100.
1 month
M
10
**
Jr
TE
$600
59
$500.
$1,000
3 months
$1,000
6
1
of the
Principal Ordinance.
21. Section 65 of the principal Ordinance is hereby amended by Amendment The substitution of the word "fifty" for the word "five" wherever the of section fiz same appears.
of the
principul Ordinance.
22. Sub-section (1) of section 65 of the principal Ordinanca is Amendment hereby amended by the substitution of the word "twenty for the of section 65 word "two" in the second line thereof.
of the
principal Ordinance.
of section 73
Section 73 of the principal Ordinance is hereby amended- Amendment (a) by the insertion of the words "unless the person of the remanded and the prosecutor consent" after the words "not exceeding" principal
Ordinance. in the ninth line of sub-section (1); and
(cf. 4 5.
(b) by substituting for the figure "2" immediately following Geo. 5, 5.58, sub-section (1) the figurs "B"; and
(c) by the insertion of a new sub-section (2) as follows:-
"(2) A magistrate, on being satisfied that a person accused of any offence who has been romanded is by reason of illness or accident unable at the expiration of the period for which he was remanded to appear personally before the magistrate, may, in the absence of the accused person, order him to be further remanded for such time as may be deemed reasonable."*
[cf. 4 & 5 Geo. 5. 4.58.
No comments yet.
Private notes are available after approval.