the-ordinances-of-the-legislative-counci-1890v2 — Page 611

MAGISTRATES . [ 10 of 1890. ] 1201

of the costs incurred in respect of the forfeiture, or upon such
other conditions as the Magistrate may think just.
( 2. ) Where a recognisance ( XXVIII. ) conditioned to keep the Enforcing
recognisance
peace or to be of good behaviour, or not to do or commit some act to keep the
or thing, has been entered into by any person as principal or pcace,& c.
surety before a Magistrate, any Magistrate upon proof ofthe
conviction of the person bound as principal by such recognisance
of any offence which is in law a breach of the condition of the
same, may by conviction adjudge such recognisance to be for
feited, and adjudge the persons bound thereby, whether as prin
cipal or sureties, or any of such persons, to pay the sums for
which they are respectively bound ( xxix . , XXX . , XLVII . )
( 3. ) All sums paid in respect of a recognisance declared or Application
adjudged by a Magistrate in pursuance of this section to be for- resp
of sums
ect ofin
feited shall be paid to the Magistrate's clerk , and shall be paid forfeited re.
and applied by him in the manner in which fines imposed by cognisances.
such Magistrate, in respect of which fines no special appropria
tion is made, are payable and applicable.
Civil Debts..
55. A civil debt may be recovered on summons (LXI.) and Civildebts
recovery anıl
enforced in the manner bereinafter provided : and the payment costs
of any costs ordered to be paid by the complainant or defendant (+2 and 43 V.
in the case of any such complaint shall be enforced in like č. 49, s.6.]
manner as such civil debt and not otherwise.
56. Any sum of money recoverable summarily as a civil Enforcing
debt within the meaning of this or any future ordinance or in [civildebt.
42 and 43 V.
respect of the recovery of which jurisdiction is given by such c. 49,s. 35.]
ordinance to a Magistrate shall be deemed to be a sum for pay
ment of which a Magistrate has authority by law to make an
order on complaint under this ordinance ( LXII. to Lxix . ) : pro
vided as follows :
( 1.) A warrant shall not be issued for apprehending any
person for failing to appear to answer any such
complaint ; and
( 2. ) An order made by a Magistrate for the payment of
any such civil debt as aforesaid or of any instalment
thereof or for the payment of the costs in the matter
of any such complaint whether ordered to be paid
by the complainant or defendant shall not in default
of distress or otherwise be enforced by imprison
ment unless it be proved to the satisfaction of a
Magistrate that the person making default in pay
ment of such civil debt, instalment or costs either
has or has had since the date of the order, the ineans