MAGISTRATES.
No. 3 of 1890.
513
ceeding 5 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 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 him may seem just and reasonable, but not in any case exceeding 5 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 or by imprisonment for any term not exceeding 14 days, unless such costs shall be sooner paid.
for compel-costs.
59. Where a complaint or information is dismissed with costs, Procedure the sum awarded for costs in the order for dismissal may be levied by distress on the goods and chattels of the complainant or informant, and, in default of distress or payment, the complainant or informant may be committed to prison, without hard labour, for any term not exceeding 14 days, unless such sum, and all costs and charges of the distress, (the amount thereof being ascertained and stated in the commitment), shall be sooner paid.
1st schedule:
* exceed $2.
60.-(1) Where a fine adjudged by a conviction by a Magistrate to be paid does not exceed 2 dollars, then, except so far as the Magistrate may think fit to expressly order otherwise, an order shall not be made for payment by the defendant to the complainant or informant of any costs: and the Magistrate shall, except so far as he thinks fit to expressly order otherwise, direct all fees payable or paid by the complainant or informant to be remitted or repaid to him.
(2) The Magistrate may also order the fine or any part thereof to be paid to the complainant or informant in or towards the payment of his costs.
[s. 61, rep. No. 43 of 1912.]
* As amended by No. 2 of 1912.
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MAGISTRATES.
No. 3 of 1890.
513
=
ceeding 5 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 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 him may seem just and reasonable, but not in any case exceeding 5 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 or by imprisonment for any term not exceed- ing 14 days, unless such costs shall be sooner paid.
for compel-
costs.
59. Where a complaint or information is dismissed with costs, Procedure the sum awarded for costs in the order for dismissal may be levied by lng prosecu distress on the goods and chattels of the complainant or informant, tcr to pay and, in default of distress or payment, the complainant or inform- [11 & 12 Vict. ant may be committed to prison, without hard labour, for any term c. 43 s. 26.] not exceeding 14 days, unless such sum, and all costs and charges of forms 44, 59. the distress, (the amount thereof being ascertained and stated in the commitment), shall be sooner paid.
1st schedule:
*
exceed $2.
60.-(1) Where a fine adjudged by a conviction by a Magistrate Costs where to be paid does not exceed 2 dollars, then, except so far as the Ma- fine does not gistrate may think fit to expressly order otherwise, an order shall [42 & 43 Vict.
c. 49 s. 8.] not be made for payment by the defendant to the complainant or informant of any costs: and the Magistrate shall, except so far as he thinks fit to expressly order otherwise, direct all fees payable or paid by the complainant or informant to be remitted or repaid to him.
(2) The Magistrate may also order the fine or any part thereof to be paid to the complainant or informant in or towards the payment of his costs.
[s. 61, rep. No. 43 of 1912.]
* As amended by No. 2 of 1912.
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