CAP. 227]
[s. 36 cont.]
Appropria-tion of money found on defendant for payment of fine not exceeding $100.
24 of 1949, s.12.
41 of 1956 s.2
Recognizance may be dispensed with. Summary order.
42 & 43 Vict. c. 49, s. 34.
Magistrates shall for the purposes of subsection (1) be deemed, at any given time, to have been reduced by such period of remission as may at the time stand to his credit.
[31
37. Where a defendant is fined a sum not exceeding one hundred dollars and the same is not forthwith paid, the magistrate may order the defendant to be searched, and if on being searched he is found to have on his person money equal to the amount of his fine, it shall be lawful for the magistrate, upon oath made to him of the fact by any person who was present when the defendant was searched, to order that so much of the money as may be sufficient to satisfy the fine be forfeited, and that the defendant be thereupon discharged from custody. A similar order may be made where sufficient money to satisfy the fine has been found on the defendant as the result of a previous search by the police.
[32
38. Where in the case either of imprisonment or a fine there is prescribed a requirement for the offender to enter into his recognizance and to find sureties for keeping the peace and observing some other condition, or to do any of such things, the magistrate may dispense with any requirement or any part thereof.
[33
39. (1) Where a power is given by any future enactment to a magistrate of requiring any person to do or to abstain from doing any act or thing, other than the payment of money, or of requiring any act or thing to be done or left undone, other than the payment of money, and no mode is prescribed of enforcing such requisition, a magistrate may exercise such power by an order and may annex thereto any conditions as to time or mode of action which he may think just, and may suspend or rescind any such order on such undertaking being given or condition being performed as he may think just, and generally may make such arrangements for carrying into effect such power as to him may seem meet.
(2) A person making default in complying with any such order shall be punished in the prescribed manner, or, if no punishment is prescribed, may be ordered to pay a sum of twenty-five dollars for every day during which he makes default.
24 of 1949, s.13.
252
CAP. 227]
[s. 36 cont.]
Appropria- tion of
money found on defendant for payment of fine not exceeding $100.
24 of 1949, s.12.
41f1956 5.2
Recognizance may be dispensed with.
Summary order.
42 & 43 Vict. c. 49, s. 34.
Magistrates.
shall for the purposes of subsection (1) be deemed, at any given time, to have been reduced by such period of remission as may at the time stand to his credit.
[31
37. Where a defendant is fined a sum not exceeding one hundred dollars and the same is not forthwith paid, the magistrate may order the defendant to be searched, and if on being searched he is found to have on his person money equal to the amount of his fine, it shall be lawful for the magistrate, upon oath made to him of the fact by any person who was present when the defendant was searched, to order that so much of the money as may be sufficient to satisfy the fine be forfeited, and that the defendant be thereupon discharged from custody. A similar order may be made where sufficient money to satisfy the fine has been found on the defendant as the result of a previous search by the police.
[32
38. Where in the case either of imprisonment or a fine there is prescribed a requirement for the offender to enter into his recognizance and to find sureties for keeping the peace and observing some other condition, or to do any of such things, the magistrate may dispense with any require- ment or any part thereof.
[33
39. (1) Where a power is given by any future enact- ment to a magistrate of requiring any person to do or to abstain from doing any act or thing, other than the payment of money, or of requiring any act or thing to be done or left undone, other than the payment of money, and no mode is prescribed of enforcing such requisition, a magistrate may exercise such power by an order and may annex thereto any conditions as to time or mode of action which he may think just, and may suspend or rescind any such order on such undertaking being given or condition being performed as he may think just, and generally may make such arrangements for carrying into effect such power as to him may seem meet.
(2) A person making default in complying with any such order shall be punished in the prescribed manner, or, if no punishment is prescribed, may be ordered to pay a 24 of 1949,5.13. Sum of twenty-five dollars for every day during which he
J
252
:
No comments yet.
Private notes are available after approval.