1964_MAGISTRATES_ORDINANCE — Page 33

122

32

CAP. 227]

Magistrates

[1988 Ed.

(2) Any money found on the arrest of a person adjudged to pay a fine, or on a search as aforesaid, or on his being taken to prison or other place of detention in default of payment of such a fine may, unless the magistrate otherwise directs, be applied towards payment of the fine; and the balance, if any, shall be returned to him.

(3) The magistrate shall not allow the application as aforesaid of any money found on a person if he is satisfied that the money does not belong to him or that the loss of the money would be more injurious to his family than would be his detention.

(Replaced, 41 of 1956, s. 2) [cf. U.K. 1952 c. 55, s. 68]

.....

(

Recognizance may be dispensed with

39. 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.

Summary order

40. (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 $25 for every day during which he is in default, or to be imprisoned until he has remedied his default: (See Form 68)

Provided that a person shall not, for non-compliance with the requisition of a magistrate, whether made by one or more orders, to do or to abstain from doing any act or thing, be liable under this section to imprisonment for any term or terms amounting in the aggregate to more than 3 months or to payment of any sums exceeding in the aggregate $1,000. (Amended, 24 of 1949, s. 13 and 30 of 1958, Schedule)

Provision as to mode of payment of sum adjudged

to be paid

[cf. U.K. 1879 c. 49, s. 34]

41. (1) The magistrate by whose conviction or order any sum is adjudged to be paid may do all or any of the following things- (See Form 42)

(a) allow time for the payment of the sum;