the-ordinances-of-the-legislative-counci-1890v2 — Page 601

MAGISTRATES . ( 10 of 1890. ) 1191


to bim of the fact by any person who was present when the
defendant was searched to order that so much of the said sum
of money as may be sufficient to satisfy the said fine be for
feited by the defendant and that the defendant be thereupon
discharged from custody.
33. ( 1. ) Where a Magistrate has authority under this ordi- Power to
nance, or under any other ordinance or statute 'whether past or punishment.
mitigate
future, to impose imprisonment or to impose a fine for an offence (42 and 43 v .
punishable on summary conviction , such Magistrate may, in C. 49, s.4.]
the case of imprisonment, impose the same without hard labour,
and reduce the prescribed period thereof, or do either of such
acts .

( 2. ) Where in the case either of imprisonment or a fine there
is prescribed a requirement for the offender to enter into his
recognisance 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 such requirement or any
part thereof.
( 3. ) Whenever any person shall be convicted summarily Minimum
before a Nagistrate of any offence against the provisions of any punishments.
ford.None of
ordinance or statute in force in the Colony whereby a minimum 1873. ]
amount of fine or term of imprisonment is prescribed by way
of punishment for such offence , it shall be lawful for the Ma
gistrate if he shall in his discretion think fit to award a less
amount of fine or term of imprisonment than that prescribed
by way of minimum punishment as aforesaid or to award in
certain cases a merely nominal punishment notwithstanding
anything in such ordinance or statute to the contrary.
34. ( 1. ) Where a power is given by any future ordinance Summary
or statute to a Magistrate of requiring any person to do or orders.
[ 42 and 43 V.
abstain from doing any act or thing other than the payment of c. 19, s. 34.)
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 or orders, and may annex to any such order
any conditions as to time or mode of action which lie may think
just, and may suspend or rescind any such order on such under
taking being given or condition being performed as he may
think just , and generally may make such arrangement for
carrying into effect such power as to him seems meet.
( 2.) A person making default in complying with an order
of a Magistrate in relation to any matter arising under any
future ordinance or statute other than the payment of money
shall be punished in the prescribed manner, or if no punishment
is prescribed, may,, in the discretion ofthe Magistrate, be ordered