1901_MAGISTRATES_ORDINANCE__1890 — Page 20

A.D. 1890.]

MAGISTRATES.

[No. 3.

695

obedience of

order to do

some act, etc., not being

payment of

money,

11 & 12 Fiet.

directs, unless the fine or sum adjudged to be paid shall be sooner paid.

44.--(1.) Where a conviction does not order the payment of any fine Commitment but that the defendant be imprisoned, or imprisoned and kept to hard for dis labour, for his offence, or where an order is not for the payment of money but for the doing of some other act, and directs that, in case of the defendant's refusal or neglect to do such act, he shall be imprisoned or imprisoned and kept to hard labour, and the defendant refuses or neglects to do such act, in every such case it shall be lawful for a Magis- trate to-issue his warrant of commitment under his hand and seal, requir- First Sche- ing the constable or constables to whom the same is directed to take and dule:

Forms Nos. convey the defendant to prison and there to deliver him to the Superin- 55 and 56; tendent thereof, and requiring such Superintendent to receive the defend- ant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the Ordinance or statute on which the conviction or order is-founded as aforesaid directs.

c. 43. s. 21.

42 aml 43;

(2.) In any such case, where by the conviction or order any sum for costs is adjudged to be paid by the defendant to the complainant or in- formant, such sum may, if the Magistrate thinks fit, be levied by warrant Forms Nos. of distress in manner aforesaid, and, in default of distress, the defendant may, if the Magistrate thinks fit, be also committed to prison there to Form No. 58. be kept for any time not exceeding one month, with or without hard labour, to commence at the termination of the imprisonment which he is then undergoing, unless such sum for costs and all costs and charges of the distress shall be sooner paid.

sequent

Ib. s. 25.

45. Where a Magistrate, on any complaint or information as afore- Cammitment said, adjudges the defendant to be imprisoned, and the defendant is then for sub in prison undergoing imprisonment on a conviction for any other offence, offence. the warrant of commitment for such subsequent offence shall in every such case be forthwith delivered to the gaoler to whom the same is dir- ected; and it shall be lawful for the Magistrate issuing the same, if he thinks fit, to award and order therein and thereby that the imprisonment for such subsequent offence shall commence at the expiration of the im- prisonment to which the defendant has been previously adjudged or sen- tenced.

46. In any case where any person against whom a warrant of distress. On payment issues as aforesaid pays or tenders to the constable or other cfficer having cxpenses

the execution of the same the sum or sums mentioned in the warrant, together with the amount of the expenses of the distress up to the time of such payment or tender, such constable or other officer shall cease to execute the same; and in any case where any person is imprisoned as aforesaid for

of fine or other sum, non-payment any

may pay or cause to be paid to the Superintendent of the prison in which he is so

he

of fine and

distress not

to be levied. or party, if

imprisoned, charged.

to be dis-

Ib. s. 28.

!

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