the-ordinances-of-the-legislative-counci-1890v2 — Page 602

1192
[ 10 or 1890.] MAGISTRATES .


to pay a sum not exceeding five dollars for every day during
which he is in default , or to be imprisoned until he has remedied
his default.
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 abstain from doing any act or thing, be liable
under this section to imprisonment for a period or periods
amounting in the aggregate to more than three months, or to
thie payment of any sums exceeding in the aggregate one hun
dred dollars.
Payment by 35. The Magistrate by whose conviction or order any sum
instalments
or security .
[ 1bid . s.7 . ]
is adjudged to be paid may do all or any of the following things,
viz .:
( 1. ) Allow time for the payment of the said sum .
( 2. ) Direct payment to be made of the said sum by instal
ments , and
( 3. ) Direct that the person liable to pay the said sum shall
be at liberty to give to the satisfaction of a Magis
trate or such person as may be specified by the
Magistrate adjudging the money to be paid , security
with or without a surety or sureties for the pay
ment of the said sum or of any instalment thereof,
and such security may be given and enforced in
manner provided by this ordinance.
Where a sum is directed to be paid by instalments and default
is made in the payment of any one instalment, the same pro
ceedings may be taken as if default had been made in payment
of all the instalments then remaining unpaid. A Magistrate
directing the payment of a sum or of an instalment of a sum
may direct such payment to be made at such time or times,
and in such place or places and to such person or persons, as
may be specified by such Magistrate and every person not being
the Magistrate's clerk to whom any such sum or instalment is
paid , shall as soon as may be account for and pay over the same
to such clerk . ( xv. to xxr.).
Return by
Magistrate's
36. Where any property has been taken from a person
order of charged before a Magistrate with an offence punishable either
property on information to the Court or on summary conviction, a report
taken from
defendant, shall be made by the Police on the charge sheet to the Magistrate
[4249,and43
c. s. 41. ]V. of the fact of such property having been taken from the accused
or defendant and of the particulars thereof and the Magistrate
may , if of opinion that the property or any portion thereof can
be returned consistently with the interests of justice and with
the safe custody of the accused or defendant, direct such
property or any portion thereof to be returned to the accused
or defendant or such other person as he may direct.