1923_MAGISTRATES_ORDINANCE__1890 — Page 21

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462

Commitment

of defendant in first instance.

c. 43, s. 23.

*

No. 3 of 1890.

.

MAGISTRATES.

43. Where the enactment by virtue of which a conviction for a fine or an order for the payment of money is made makes no provision for such fine or sum being levied by 11 & 12 Vict. distress, but directs that if the same be not paid forthwith or within a certain time therein mentioned or to be mentioned in the conviction or order, the defendant shall be imprisoned, or imprisoned and kept to hard labour, for a certain time, unless such fine or sum shall be sooner paid, in every such case such fine or sum shall not be levied by distress; but if the defendant does not pay the same, together with costs, if awarded, forthwith, or at the time specified in the conviction or order for the payment of the same, it shall be lawful for a magistrate to issue his warrant of commitment under his hand and seal, requiring the constable to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Superintendent of Prisons, and requiring the said Superintendent to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the enactment on which the conviction or order is founded as aforesaid directs, unless the fine or sum adjudged to be paid shall be sooner paid.

First

Schedule.

Forms Nos. 51 and 52.

Commitment

for

disobedience

of order to

etc., not being payment of money. 11 & 12 Vict. c. 43, s. 24.

44.--(1) Where a conviction does not order the payment of any fine but that the defendant be imprisoned, or imprisoned and kept to hard labour, or where an order is not for the do some act, payment of money but for the doing of some other act, and directs that, in case of the defendant's refusal or neglect to do such act, he shall be imprisoned or imprisoned and kept to hard labour, and the defendant refuses or neglects to do such act, in every such case it shall be lawful for a magistrate to issue his warrant of commitment under his hand and seal, Forms Nos. requiring the constable to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Superintendent of Prisons, and requiring the said Superintendent to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the Ordinance or statute on which the conviction or order is founded as aforesaid directs.

First Schedule.

55 and 56.

(2) In any such case, where by the conviction or order any sum for costs: is adjudged to be paid by the defendant to the complainant or informant, such sum may, if the

* As amended by Law Rev. Ord., 1923.

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