22
of distress for the said sum, a magistrate may cancel or initigate the forfeiture on the person liable applying and giving security, to the satisfaction of the magistrate, for the future performance of the condition of the recognizance, and paying or giving security for payment of the costs incurred in respect of the forfeiture, or on such other conditions as the niagistrate may think just.
peace,
First
Form
(2) Where a recognizance conditioned to keep the or to be of good behaviour, or not to do or commit some act Schedule. or thing has been entered into by any person as principal or No. 28. surety before a magistrate, any magistrate, on proof of the conviction of the person bound as principal by the recognizance of any offence which is in law a breach of the condition of the same, may by conviction adjudge the recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respectively bound.
Forms
(3) All sums paid in respect of a recognizance declared First or adjudged by a magistrate in pursuance of this section to Schedule. be forfeited shall be paid to the magistrates' clerk, and shall Nos. 29, 30 be paid and applied by him according to their appropriation and 47. in such manner as the Colonial Treasurer may direct.
Civil debts.
60. A civil debt may be recovered on summons and Recovery of enforced in the manner hereinafter provided; and the pay- civets. ment of any costs ordered to be paid by the complainant or defendant in the case of any such complaint shall be enforced c. 49, s. 6. in like manner as such civil debt and not otherwise.
42 & 43 Vict.
First Schedule. Form
No. 61.
Enforcing
civil debt.
42 & 43 Vict.
61. (1) Any sum of money recoverable summarily as a civil debt within the meaning of this or any other Ordinance, or in respect of the recovery of which jurisdiction is given by 49, s. 35. such Ordinance to a magistrate, shall be deemed to be a sun for payment of which a magistrate has authority by law to Schedule. make an order on complaint under this Ordinance: Provided Forms as follows:—
(a) a warrant shall not be issued for apprehending any person for failing to appear to answer any such complaint;
and
(b) an order made by a magistrate for the payment of any such civil debt as aforesaid or of any instalment thereof or for the payment of the costs in the matter of any such complaint, whether ordered to be paid by the complainant or the defendant, shall not, in default of distress or otherwise, be enforced by imprisonment, unless it is proved, to the satisfaction of a magistrate, that the person making the default in payment of such civil debt, instalment or costs either has, or has had since the date of the order, the means to pay the sum in respect of which he has made default and has refused or neglected or refuses or neglects to pay the same, and in any such case the magistrate shall have power to imprison the defendant for any period not exceeding three weeks, unless the same shall be sooner paid.
(2) Proof of the means of the person making default may be given in such manner as the magistrate to whom application
is made for commitment to prison may think just.
First
Nos. 62-69.
101
93
Scale of imprisonment for non-payment of money, etc.
of money
62. Unless in any enactment it is otherwise provided, Scate of the period of imprisonment, with or without hard labour, for non-
imprisonment which may be imposed by a magistrate exercising summary payment jurisdiction, in respect of the non-payinent of any sum of adjudged to inoney adjudged to be paid by a conviction, whether it be to ha
a fine or in respect of the property the subject of the offence, paid, etc. or in respect of the injury done by the offender, or in respect c. 49, s. 5. of the default of a sufficient distress to satisfy any such sum, (cf. ss. 48, shall be such period as, in the opinion of the magistrate, will 94 & 95). satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale :--
Where the amount-
does not exceed $1 exceeds $
the period of imprisonment shall not exceed-
? 42 & 43 Vict.
}
1 but does not exceed $ $5
5
7 days 14
23
$ 10
1 month
21
* 10
71
33
13
$ 50 $150
+
$ 50 $150
2 months
3
6
17
Where the fine or other sum adjudged to be paid is imposed by a sentence in addition to a term of imprisonment, the imprisonment imposed under this section or any other enactment shall commence from the expiration of the term of imprisonment imposed by the sentence.
of 1899.)
This section shall apply to fines imposed by a marine (ef. No. 10 magistrate under the Merchant Shipping Ordinance, 1899.
Costs.
and recovery
c. 43, s. 18.
63.—(1) In every case of suminary conviction or of an Power to order made by a magistrate, except as provided in section 65. award costs it shall be lawful for the magistrate making the same to award thereof hy and order in and by the conviction or order that the defend- distress. ant shall pay to the complainant or informant respectively such 11 & 12 Vict. costs as to him may seem just and reasonable in that behalf, but not in any case exceeding five dollars; and in any case where the magistrate, instead of convicting or making an order as aforesaid, dismisses the complaint or information, it shall be lawful for him. in and by his order of dismissal, to award and order that the complainant or informant respectively shall pay to the defendant such costs as to him may seem just and reasonable, but not in any case exceeding five dollars."
(2) The sum so allowed for costs shall in every case be specified in the conviction or order or order of dismissal as aforesaid, and the same shall be recoverable in the same manner and under the same warrants as a fine or a sum of money adjudged to be paid in and by such conviction or order is to be recoverable, and in any case where there is no such fine or sum to be thereby recovered, then such costs shall be recoverable by distress and sale of the goods and chattels of the party or by imprisonment for any term not exceeding fourteen days, unless such costs shall be sooner paid.
com-
64. Where a complaint or information is dismissed with Procedurs costs, the sum awarded for costs in the order for dismissal may for com be levied by distress on the goods and chattels of the com- prosecutor plainant or informant, and, in default of distress or payment, to pay costs. the complainant or informant may be committed to prison, c. 43, s. 26.
11 & 12 Vict.
J
102
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