502
No. 3 of 1890.
MAGISTRATES.
proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid.
(3) A Magistrate directing the payment of a sum or of an instalment of a sum may direct such payment to be made at such time and in such place and to such person as may be specified by the Magistrate, and every person, not being the Magistrate's clerk, to whom any such sum or instalment is paid shall as soon as may be account for and pay over the same to such clerk.
1st schedule: forms 15-21.
Return by order of property taken from defendant.
[42 & 43 Vict. c. 49 s. 44.]
36. Where any property has been taken from a person charged before a Magistrate with an offence punishable either on indictment or on summary conviction, a report shall be made by the police on the charge sheet to the Magistrate of the fact of such property having been taken from the accused or defendant and of the particulars thereof, and the Magistrate may, if he is of opinion that the property or any portion thereof can be returned consistently with the interests of justice and with the safe custody of the accused or defendant, direct such property or any portion thereof to be returned to the accused or defendant or such other person as he may direct.
Prosecution and punishment of aider or abettor.
[11 & 12 Vict. c. 43 s. 5.]
Rule as to cumulative sentences for assault.
37. Every person who aids, abets, counsels, or procures the commission of any offence punishable by a Magistrate on summary conviction shall be liable to be proceeded against and convicted for the same, either together with the principal offender or before or after his conviction, and shall be liable to the same punishment and penalties as such principal may by law be liable.
38. A Magistrate shall not, by cumulative sentences of imprisonment (other than for default of finding sureties) to take effect in succession in respect of several assaults committed on the same occasion, impose on any person imprisonment for the whole exceeding 6 months; but nothing in this section shall be deemed to affect the provisions contained in section 82.
[42 & 49 Vict. c. 49 s. 18.]
forms 40-50.
Warrants of distress.
[11 & 12 Vict. c. 43 s. 19.]
form 16.
Distress and Committal Warrants.
39. Where a conviction adjudges a fine to be paid or where an order requires the payment of a sum of money and by the enactment authorising such conviction or order such fine or sum of money is to be levied on the goods and chattels of the defendant by distress and sale thereof, and also in cases where by the enact-
* As amended by No. 1 of 1912.
† As amended by No. 1 of 1912 and No. 22 of 1912.
502
No. 3 of 1890.
MAGISTRATES.
proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid.
(3) A Magistrate directing the payment of a sum or of an instal· ment of a sum may direct such payment to be made at such time and in such place and to such person as may be specified by the Magistrate, and every person, not being the Magistrate's clerk, to 1st schedule: whom any such sum or instalment is paid shall as soon as may be
account for and pay over the same to such clerk.
forms 15-21.
Return by
order of property taken from defendant.
[42 & 43 Vict. c. 49 s. 44.]
36. Where any property has been taken from a person charged Magistrate's before a Magistrate with an offence punishable either on indictment or on summary conviction, a report shall be made by the police on the charge sheet to the Magistrate of the fact of such property having been taken from the accused or defendant and of the parti- culars thereof, and the Magistrate may, if he is of opinion that the property or any portion thereof can be returned consistently with the interests of justice and with the safe custody of the accused or de- fendant, direct such property or any portion thereof to be returned to the accused or defendant or such other person as he may direct.
Prosecution and punish. ment of aider or abettor.
[11 & 12 Vict. c. 43 s. 5.]
Rule as to cumulative
sentences for assault.
37. Every person who aids, abets, counsels, or procures the com- mission of any offence punishable by a Magistrate on summary conviction shall be liable to be proceeded against and convicted for the same, either together with the principal offender or before or after his conviction, and shall be liable to the same punishment and penalties as such principal may by law be liable.
38. A Magistrate shall not, by cumulative sentences of imprison- ment (other than for default of finding sureties) to take effect in succession in respect of several assaults committed on the same. [42 & 49 Vict. occasion, impose on any person imprisonment for the whole exceed- ing 6 months; but nothing in this section shall be deemed to affect the provisions contained in section 82.
c. 49 s. 18.1
*
forms 40-50.
Warrants of distress. [11 & 12 Vict. c. 43 s. 19.] forin 16.
+
Distress and Committal Warrants.
39. Where a conviction adjudges a fine to be paid or where an order requires the payment of a sum of money and by the enact- ment authorising such conviction or order such fine or sum of money is to be levied on the goods and chattels of the defendant by distress and sale thereof, and also in cases where by the enact-
* As amended by No. 1 of 1912.
As amended by No. 1 of 1912 and No. 22 of 1912.
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