1950_MAGISTRATES_ORDINANCE — Page 34

300f1958 5.13

CAP. 227]

[8. 53 cont.]

Rules. Form 53.

Commitment

of defendant

Magistrates.

as aforesaid, to commit the defendant to prison with or without hard labour, for such period as may be in accord- ance with the scale provided by section 67, unless the fine or sum adjudged to be paid, and all costs and charges of the distress (the amount thereof being ascertained and stated in the commitment), shall be sooner paid.

[48

54 Where the enactment by virtue of which a convic- tion for a fine or an order for the payment of money is made 11 & 12 Vict. makes no provision for such fine or sum being levied by

in first

instance.

c. 43, s. 23.

36 of 1958 5.13

Rules.

Forms 51-52.

#

1

Commitment

for dis-

obedience of order to

do some act, etc., not being

payment

of money. 11 & 12 Vict. c. 49, s. 24.

Rules. Forms 55-56.

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 convic- tion 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 police officer to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Commissioner of Prisons, and requiring the said Commissioner 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.

[49

55. (1) Where a conviction does not order the pay- ment of any fine but that the defendant be imprisoned, or imprisoned and kept to hard labour, or where an order is not for the 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 commit- ment under his hand and seal, requiring the police officer to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Commissioner of Prisons, and requiring the said Commis-

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