512
No. 3 of 1890.
Scale of imprisonment for non-payment of money adjudged to be paid, etc. [42 & 43 Vict. c. 49 s. 5.]
MAGISTRATES.
(2) Proof of the means of the person making default may be given in such manner as the Magistrate to whom application is made for commitment to prison may think just.
Scale of imprisonment for non-payment of money, etc.
57. Unless in any enactment it is otherwise provided, the period of imprisonment, with or without hard labour, which may be imposed by a Magistrate exercising summary jurisdiction, in respect of the non-payment of any sum of money adjudged to be paid by a conviction, whether it be a fine or in respect of the property the subject of the offence, or in respect of the injury done by the offender, or in respect of the default of a sufficient distress to satisfy any such sum, shall 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 :-
Where the amount—
does not exceed $1
the period of imprisonment shall not exceed—
7 days,
exceeds $1 but does not exceed $5
14
$5 $10
19
$10 $50
27
$50 $150
1 month,
2 months,
3 months,
6 months.
[cf. No. 10 of 1999.]
Where the fine or other sum adjudged to be paid is imposed by a sentence in addition to a term of imprisonment, the imprisonment imposed under this section or any other enactment shall commence from the expiration of the term of imprisonment imposed by the sentence.
This section shall apply to fines imposed by a Stipendiary Magistrate under the Merchant Shipping Ordinance, 1899.
Costs.
Power to award costs, thereof by distress.
58.-(1) In every case of summary conviction or of an order and recovery made by a Magistrate, except as provided in section 60, it shall be lawful for the Magistrate making the same 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 him may seem just and reasonable in that behalf, but not in any case exceeding [11 & 12 Vict. c. 43 s. 18.]
* As amended by No. 50 of 1911 and No. 8 of 1912.
** As amended by No. 30 of 1911, No. 1 of 1912 and No. 2 of 1912.
512
No. 3 of 1890. ·
Scale of im- prisonment
for non-pay. ment of.
money adjudged to be paid, etc. [42 & 43 Vict. c. 49 s. 5.]
*
MAGISTRATES.
(2) Proof of the means of the person making default may be given in such manner as the Magistrate to whom application is made for commitment to prison may think just.
Scale of imprisonment for non-payment of money, etc.
57. Unless in any enactment it is otherwise provided, the period of imprisonment, with or without hard labour, which may be impos- ed by a Magistrate exercising summary jurisdiction, in respect of the non-payment of any sum of money adjudged to be paid by a convic- tion, whether it be a fine or in respect of the property the subject of the offence, or in respect of the injury done by the offender, or in respect of the default of a sufficient distress to satisfy any such sum, shall 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 :-
Where the amount-
does not exceed $1
the period of imprisonment shall not exceed—
7 days, 14
"}
[cf. No. 10 of 1999.1
exceeds $ 1 but does not exceed $
""
$ 5
19
$ 10
>>
$ 10
27
$ 50
7
})
$150
$ 50 $150
1 month,
2 months,
3
6
Where the fine or other sum adjudged to be paid is imposed by a sentence in addition to a term of imprisonment, the imprisonment imposed under this section or any other enactment shall commence from the expiration of the term of imprisonment imposed by the
sentence.
This section shall apply to fines imposed by a Stipendiary Magis- trate under the Merchant Shipping Ordinance, 1899.
Costs.
Power to
award costs,
thereof by
distress.
58.-(1) In every case of summary conviction or of an order and recovery made by a Magistrate, except as provided in section 60, it shall be lawful for the Magistrate making the same to award and order in [11 & 12 Vict. and by the conviction or order that the defendant shall pay to the c. 43 s. 18.]
complainant or informant respectively such costs as to him may seem just and reasonable in that behalf, but not in any case ex-
+
* As amended by No. 50 of 1911 and No 8 of 1912.
As amended by No. 30 of 1911, No. 1 of 1912 and No. 2 of 1912.
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