508
No. 3 of 1890.
MAGISTRATES.
(2) The wearing apparel, and bedding of a person and his family, and, to the value of 25 dollars, the tools and implements of his trade, shall not be taken under a distress issued by a Magistrate.
(3) Where, on application made to a Magistrate to issue a warrant for committing a person to prison for non-payment of a sum adjudged to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient distress to satisfy any such sum, it appears to the Magistrate to whom the application is made that, either by payment of part of the said sum, whether in the shape of instalments or otherwise, or by the net proceeds of the distress, the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount adjudged to be paid by the conviction or order, would have subjected the defendant to a maximum term of imprisonment less than the term of imprisonment to which he is liable under such conviction or order, the Magistrate shall, by his warrant of commitment, revoke the term of imprisonment, and order the defendant to be imprisoned for a term not exceeding such less maximum term instead of the term originally mentioned in the conviction or order.
Security for good behaviour.
Exercise on Recognizances, etc.
49.-(1) In every case punishable on summary conviction the Magistrate may, if he so thinks proper and whether the defendant is convicted or not, order the defendant to enter into a recognizance, with two sufficient sureties, for his good behaviour and in such sum and for such term as the Magistrate may think fit, so that such sum does not exceed 200 dollars and such term does not exceed 12 months.
(2) The Magistrate may order the defendant, in default of compliance with such last-mentioned order, to be imprisoned, without hard labour, for any term not exceeding 6 months.
50.—(1) The power of a Magistrate, on complaint of any person, to adjudge a person to enter into a recognizance and find sureties to keep the peace or to be of good behaviour towards such first-mentioned person shall be exercised by an order upon complaint, and the provisions of this Ordinance shall apply accordingly, and the power to bind over to keep the peace.
[42 & 43 Vict. c. 49 s. 25.]
* As amended by No. 1 of 1909 and No. 30 of 1911.
As amended by No. 30 of 1911.
508
No. 3 of 1890.
MAGISTRATES.
(2) The wearing apparel, and bedding of a person and his family, and, to the value of 25 dollars, the tools and implements of his trade, shall not be taken under a distress issued by a Magistrate.
(3) Where, on application made to a Magistrate to issue a warrant for committing a person to prison for non-payment of a sum adjudged to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient distress to satisfy any such sum, it appears to the Magistrate to whom the application is made that, either by payment of part of the said sum, whether in the shape of instalments or otherwise, or by the net proceeds of the distress, the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount adjudged to be paid by the conviction or order, would have subjected the defendant to a maximum term of imprisonment less than the term of imprisonment to which he is liable under such conviction or order, the Magistrate shall, by 1st schedule: his warrant of commitment, revoke the term of imprisonment, and forms 24, 59. order the defendant to be imprisoned for a term not exceeding such less maximum term instead of the term originally mentioned in the conviction or order.
Security for good be- haviour.
*
Exercise on
Recognizances, etc.
49.-(1) In every case punishable on summary conviction the Magistrate, may, if he so thinks proper and whether the defendant is convicted or not, order the defendant to enter into a recognizance, with two sufficient sureties, for his good behaviour and in such sum and for such term as the Magistrate may think fit, so that such sum does not exceed 200 dollars and such term does not exceed 12 months.
(2) The Magistrate may order the defendant, in default of com- pliance with such last-mentioned order, to be imprisoned, without hard labour, for any term not exceeding 6 months.
50.—(1) The power of a Magistrate, on complaint of any person, complaint of to adjudge a person to enter into a recognizance and find sureties to keep the peace or to be of good behaviour towards such first-men- tioned person shall be exercised by an order upon complaint, and the provisions of this Ordinance shall apply accordingly, and the
power to bind over to keep the
peace.
[42 & 43 Vict.
c. 49 s. 25.]
+
* As amended by No. 1 of 1909 and No. 30 of 1911.
As amended by No. 30 of 1911.
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