し ) 1988 Ed.] Magistrates [CAP. 227 31 of good behaviour and to appear for sentence when called on at any time during such period, not exceeding 3 years, as may be specified in the order. (Replaced, 16 of 1960, s. 3. Amended, 51 of 1981, s. 4 and 55 of 1986, s. 7) (See Forms 10, 11, 11A)
(2) The magistrate may, where he makes an order under this section, further order that the offender shall pay such costs of the proceedings (not exceeding $2,000 or, if a higher limit is fixed by any enactment relating to the offence, that higher limit) as he thinks reasonable. (Amended, 48 of 1972, s. 4 and 51 of 1981, s. 4) (See Forms 26, 33, 34)
(3) An order made by a magistrate under this section shall, for the purpose of revesting or restoring stolen property and of enabling the magistrate to make orders as to the restitution or delivery of property to the owner and as to the payment of money upon or in connection with such restitution or delivery, have the like effect as a conviction.
(4) The magistrate may order the defendant in default of compliance with any order made under subsection (2) to be imprisoned for 6 months. (Amended, 48 of 1949, s. 6 and 30 of 1958, Schedule)
Reduction of imprisonment on part payment of fine (Replaced, 24 of 1949, s. 11) [cf. U.K. 1907 c. 17, s. 1]
37. (1) Subject to the provisions of subsections (2) and (3), where a term of imprisonment is imposed by a magistrate in respect of the non-payment of any sum of money adjudged to be paid by a conviction or order, that term shall, on payment of a part of such sum to any person authorized by a magistrate to receive it, be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days in the term as the sum paid bears to the sum adjudged to be paid.
(2) Notwithstanding the provisions of subsection (1), in reckoning the number of days by which any term of imprisonment would be reduced under this section, the first day of imprisonment shall not be taken into account, and in reckoning the sum which will secure the reduction of a term of imprisonment, fractions of a cent shall be omitted. (Replaced, 30 of 1958, s. 6)
(3) Notwithstanding the provisions of subsection (1), where any person who has been sentenced to imprisonment in default of payment of a sum of money adjudged to be paid by a conviction or order earns under the Prison Rules (Cap.234, sub. leg.) any remission of the sentence, the term of his imprisonment 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.
Application of money found on defaulter to satisfy sum adjudged [cf. U.K. 1914 c. 58, s. 3(1)]
38. (1) Where a defendant is fined and the same is not forthwith paid, the magistrate may order the defendant to be searched.
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1988 Ed.]
Magistrates
[CAP. 227
31
of good behaviour and to appear for sentence when called on at any time during such period, not exceeding 3 years, as may be specified in the order. (Replaced, 16 of 1960, s. 3. Amended, 51 of 1981, s. 4 and 55 of 1986, s. 7) (See Forms 10, 11, 11A)
(2) The magistrate may, where he makes an order under this section, further order that the offender shall pay such costs of the proceedings (not exceeding $2,000 or, if a higher limit is fixed by any enactment relating to the offence, that higher limit) as he thinks reasonable. (Amended, 48 of 1972, s. 4
and 51 of 1981, s. 4) (See Forms 26, 33, 34)
(3) An order made by a magistrate under this section shall, for the purpose of revesting or restoring stolen property and of enabling the magistrate to make orders as to the restitution or delivery of property to the owner and as to the payment of money upon or in connection with such restitution or delivery, have the like effect as a conviction.
(4) The magistrate may order the defendant in default of compliance with any order made under subsection (2) to be imprisoned for 6 months. (Amended, 48 of 1949, s. 6 and 30 of 1958, Schedule)
Reduction of imprisonment on part payment of fine
(Replaced, 24 of 1949, s. 11) [cf. U.K. 1907 c. 17, s. 1]
37. (1) Subject to the provisions of subsections (2) and (3), where a term of imprisonment is imposed by a magistrate in respect of the non-payment of any sum of money adjudged to be paid by a conviction or order, that term shall, on payment of a part of such sum to any person authorized by a magistrate to receive it, be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days in the term as the sum paid bears to the sum adjudged to be paid.
(2) Notwithstanding the provisions of subsection (1), in reckoning the number of days by which any term of imprisonment would be reduced under this section, the first day of imprisonment shall not be taken into account, and in reckoning the sum which will secure the reduction of a term of imprisonment, fractions of a cent shall be omitted. (Replaced, 30 of 1958, s. 6)
(3) Notwithstanding the provisions of subsection (1), where any person who has been sentenced to imprisonment in default of payment of a sum of money adjudged to be paid by a conviction or order earns under the Prison Rules (Cap. 234, sub. leg.) any remission of the sentence, the term of his imprisonment 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.
Application of money found on defaulter to satisfy
sum adjudged
[cf. U.K. 1914 c. 58, s. 3(1)]
38. (1) Where a defendant is fined and the same is not forthwith paid, the magistrate may order the defendant to be searched.
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