MAGISTRATES.
No. 3 of 1890.
11 & 12 Vict. c. 44, s. 12.
he does not prove the cause of action stated in such notice, then and in every such case the plaintiff shall be nonsuit or there shall be a verdict and judgment for the defendant.
certain cases.
124. In any case where the plaintiff in any such action is entitled to recover, and he proves the levying or payment of any fine or sum of money under any conviction or order as part of the damages which he seeks to recover, or if he proves that he was imprisoned under such conviction or order, and seeks to recover damages for such imprisonment, he shall not be entitled to recover the amount of such fine or sum so levied or paid, or any sum beyond the sum of five cents as damages for such imprisonment, or any costs of suit whatsoever, if it is proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum which he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted or for non-payment of the sum which he was so ordered to pay.
PART VIII. MISCELLANEOUS.
125. The rules in the Second Schedule shall be observed in carrying into effect this Ordinance.
Second Schedule, as to costs.
126. (1) It shall be lawful for the Governor in Council to make regulations as to the fees to be taken, if any, at the magistrates' court in respect of any proceedings or of the issuing, service, or execution of any process or otherwise, and as to the costs, if any, to be allowed for the attendance of witnesses or for legal assistance or otherwise, and to fix a scale of such fees and costs, and by regulation to exempt in any particular class of cases from the payment of such fees and costs or either of them.
(2) A table of the fees and costs in force shall be hung up in some conspicuous part of the magistrates' court.
(3) It shall be lawful for any magistrate to refuse to do any act for which any fee is payable unless such fee has been paid; and if any such act is done and the fee due thereon is not paid, it shall be lawful for any magistrate to summon the person from whom such fee may be due and to recover the same by warrant and distress in manner hereinbefore provided for the recovery of fines.
MAGISTRATES.
No. 3 of 1890.
11&
44, s. 12.
he does not prove the cause of action stated in such notice, 11, 12 Vict. then and in every such case the plaintiff shall be nonsuit or there shall be a verdict and judgment for the defendant.
certain cases.
124. In any case where the plaintiff in any such action is Amount of entitled to recover, and he proves the levying or payment of damages in any fine or sum of money under any conviction or order as 11 & 12 Vict. part of the damages which he seeks to recover, or if he c. 44, s. 13. proves that he was imprisoned under such conviction or örder, and seeks to recover damages for such imprisonment, he shall not be entitled to recover the amount of such fine or sum so levied or paid, or any sum beyond the sum of five "cents as damages for such imprisonment, or any costs of suit whatsoever, if it is proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum which he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted or for non-payment of the sum which he was so ordered to pay.
PART VIII. MISCELLANEOUS.
125: The rules in the Second Schedule shall be observed Rules. in carrying into effect this Ordinance
Second Schedule,
as to costs
126 (1) It shall be lawful for the Governor in Council Regulations to make regulations as to the fees to be taken, if any, at the and fees. magistrates' court in respect of any proceedings or of the issuing, service, or execution of any process or otherwise, and as to the costs, if any, to be allowed for the attendance of witnesses or for legal assistance or otherwise, and to fix a scale of such fees and costs, and by regulation to exempt in any particular class of cases from the payment of such fees and costs or either of them.
(2) A table of the fees and costs in force shall be hung up in some conspicuous part of the magistrates' court.
(3) It shall be lawful for any magistrate to refuse to do any act for which any fee is payable unless such fee has been paid; and if any such act is done and the fee due thereon is not paid, it shall be lawful for any magistrate to summon the person from whom such fee may be due and to recover the same by warrant and distress in manner hereinbefore pro- vided for the recovery of fines.
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