A.D. 1890.]
MAGISTRATES.
[No. 3.
691
ment.
33.--(1.) Where a Magistrate has authority under this Ordinance or under any other Ordinance or statute, whether past or future, to impose imprisonment or to impose a fine for an offence punishable on summary conviction, the Magistrate may, in the case of imprisonment, impose the same without hard labour and reduce the prescribed period thereof, or do either of such acts.
(2.) Where in the case either of imprisonment or a fine there is prescribed a requirement for the offender to enter into his recognizance and to find sureties for keeping the peace and observing some other condition, or to do any of such things, the Magistrate may dispense with any such requirement or any part thereof.
42 & 43 Viet. c. 49 s. 4.
(3.) Whenever any person is convicted summarily before a Magistrate of any offence against the provisions of any Ordinance or statute whereby a minimum amount of fine or term of imprisonment is prescribed by way of punishment for such offence, it shall be lawful for the Magistrate, if he in his discretion thinks fit, to award a less amount of fine or term of imprisonment than that prescribed by way of minimum punishment as aforesaid or to award in certain cases a merely nominal punishment, notwithstanding anything in such Ordinance or statute to the contrary.
34.--(1.) Where a power is given by any future Ordinance or statute to a Magistrate of requiring any person to do or to abstain from doing any act or thing, other than the payment of money, 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 enforcing such requisition, a Magistrate may exercise such power by an order or orders, and may annex to any such order 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 arrangement for carrying into effect such power as to him may seem meet.
(2.) A person making default in complying with an order of a Magistrate in relation to any matter arising under any future Ordinance or statute, other than the payment of money, shall be punished in the prescribed manner, or, if no punishment is prescribed, may, in the discretion of the Magistrate, be ordered to pay a sum not exceeding five dollars for every day during which he is in default or to be imprisoned 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 a period or periods amounting in the aggregate to more than three months or to the payment of any sums exceeding in the aggregate one hundred dollars.
order.
A.D. 1890.]
MAGISTRATES.
[No. 3.
691
ment.
33.--(1.) Where a Magistrate has authority under this Ordinance or lower to mi- under any other Ordinance or statute, whether past or future, to impose ligate punish- imprisonment or to impose a fine for an offence punishable on summary 42 & 43 Viet. conviction, the Magistrato may, in the case of imprisonment, impose the same without hard labour and reduce the prescribed period thereof, or do either of such acts.
(2.) Where in the case either of imprisonment or a fine there is pre- scribed a requirement for the offender to enter into his recognizance and to find sureties for keeping the peace and observing some other condition, or to do any of such things, the Magistrate may dispense with any such requirement or any part thereof.
c. 49 s. 4.
Time wok Sp
(3.) Whenever any person is convicted summarily before a Magis- trate of any offenes against the provisions of any Ordinance or statute whereby a minimum amount of fine or term of imprisonment is prescribed by way of punishment for such offence, it shall be lawful for the Magis- trate, if he in his discretion thinks fit, to award a less amount of fine or term of imprisonment than that prescribed by way of minimum punishment as aforesaid or to award in certain cases a merely nominal punishment, notwithstanding anything in such Ordinance or statute to the contrary.
34.----(1.) Where a power is given by any future Ordinance or statute Summary to a Magistrate of requiring any person to do or to abstain from doing any per 1. act or thing, other than the payment of money, 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 enforcing such requisition, a Magistrate may exercise such power by an order or orders, and may annex to any such order any conditions as to time or mode of action which he may think just, and may suspend or rescind any such order on such under- taking being given or condition being performed as he may think just, and generally may make such arrangement for carrying into effect such power as to him may seem meet.
(2.) A person making default in complying with an order of a Magis- trate in relation to any matter arising under any future Ordinance or statute, other than the payment of money, shall be punished in the pre- scribed manner, or, if no punishment is prescribed, may, in the discre- tion of the Magistrate, be ordered to pay a sum not exceeding five dollars For every day during which he is in default or to be imprisoned until he has remedied his default: Provided that a person shall not, for non-com- pliance 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 a period or periods amounting in the aggregate to more than three months or to the payment of any sums exceeding in the aggregate one hundred dollars.
order.
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