A.D. 1890.
MAGISTRATES.
[No. 3.
701
48(3):
Scale of Imprisonment for Non-Payment of Money, etc.
57.---(1.) The period of imprisonment imposed by a Magistrate exercising summary jurisdiction under this Ordinance, or under any other past or future Ordinance or statute, in respect of the non-payment of money sum of money adjudged to be paid by a conviction, or in respect of the default of a sufficient distress to satisfy any such sum, shall, notwithstanding any enactment to the contrary in any past Ordinance or statute, be such period as, in the opinion of the Magistrate, will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale; that is to say,-
Where the amount of the sum or sums of money adjudged to be paid by a conviction as ascertained by the conviction
does not exceed $1
exceeds $1 but does not exceed $5
exceeds $5 but does not exceed $10.
exceeds $10 but does not exceed $50
exceeds $50 but does not exceed $150
exceeds $150
The said period shall not exceed .seven days, .fourteen days, one month, .two months, ...three months, .six months.
(2.) Such imprisonment shall be with or without hard labour, in the discretion of the Magistrate.
Costs.
58.--(1.) In every case of summary conviction or of an order made by a Magistrate, except as provided in section 60, it shall be lawful for the Magistrate making the same, in his discretion, to award and order in and by the conviction or order that the defendant shall pay to the complainant or informant respectively such costs as to the Magistrate 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 his discretion, 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 the Magistrate 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 to be paid, etc.
42 & 43 Vict. c. 49 s. 5.
Power to award costs, and recovery thereof by distress.
11 & 12 Vict. c. 43 s. 18,
A.D. 1890.
MAGISTRATES.
[No. 3.
701
48(3):
riters
it
where
ou
has
any
for non-pay- ment of
Scale of Imprisonment for Non-Payment of Money, etc. 57.---(1.) The period of imprisonment imposed by a Magistrate ex- Scale of ercising summary jurisdiction under this Ordinance, or under any other imprisonment past or future Ordinance or statute, in respect of the non-payment of money sum of money adjudged to be paid by a conviction, or in respect of the adjudged to default of a sufficient distress to satisfy any such sum, shall, notwith- standing any enactment to the contrary in any past Ordinance or statute, be such period as, in the opinion of the Magistrate, will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale; that is to say,-
Where the amount of the sum or sums of money adjudged to be paid by a conviction as ascertained by the conviction
does not exceed $1
exceeds $1 but does not exceed $5
exceeds $5 but does not exceed $10.
exceeds $10 but does not exceed $50
exceeds $50 but does not exceed $150
exceeds $150
10
The said period
shall not
exceed .seven days, .fourteen days,
one month,
.two months,
...three months,
.six months.
(2.) Such imprisonment shall be with or without hard labour, in the discretion of the Magistrate.
Costs.
58.--(1.) In every case of summary conviction or of an order made by a Magistrate, except as provided in section 60, it shall be lawful for the Magistrate making the same, in his discretion, to award and order in and by the conviction or order that the defendant shall pay to the complainant or informant respectively such costs as to the Magistrate may seem just and reasonable in that behalf, but not in any case exceed- ing five dollars; and in any case where the Magistrate, instead of con- victing or making an order as aforesaid, dismisses the complaint or in- formation, it shall be lawful for him, in his discretion, 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 the Magistrate 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 war- rants 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
42 & 43 1iet.
be paid, etc. c. 49 s. 5.
award costs,
Power to and recovery thereof by
distress.
11 & 12 Vict.
c. 43 s. 18,
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