the-ordinances-of-the-legislative-counci-1890v2 — Page 612

1202
[ 10 OF 1890. ] MAGISTRATES .


to pay the sum in respect of which he bas made
default and has refused or neglected or refuses or
neglects to pay the same and in any such case such
Magistrate shall have power to imprison the de
fendant for any period not exceeding three weeks
unless the same be sooner paid.
Proof of the means of the person making default may be
given in such manner as the Magistrate to whom application is
made for commitment to prison thinks just .
Scale of Imprisonment for non -payment of money, fic.
Scale of 57. The period of imprisonment imposed by a Magistrate
for non-pay." exercising summary jurisdiction under this ordinance or under
ment of
money .
any other past or future ordinance or statute in respect of the
[42 and 43 v. non - payment of any sum of money adjudged to be paid by a
c. 49, s. 5. ] conviction, or in respect of the default of a sufficient distress to
satisfy any such sum , shall, notwithstanding any enactment to
the contrary in any past ordinance or statute be such period as
in the opinion of the Magistrate will satisfy the justice of the
case , but shall not exceed in any case the maximum fixed by
the following scale ; that is to say : --
Where the amount of the sum or sums of money The said period
adjudged to be paid by a conviction as shall not
ascertained by the conviction erceed
Does not exceed $ i , Seven days .
Exceeds $ 1 but does not exceed $ 5,.........Fourteen days .
Exceeds $ 5 but does not exceed $ 10 ,.........One month .
Exceeds $ 10 but does not exceed $ 50 , .... Two months .
Exceeds $ 50 but does not exceed $ 150 , ...... Three months .
Exceeds $ 150, .....
>
Six months.
Such imprisonment shall be with or without hard labour in
the discretion of the Magistrate .
Costs.

Power to 58. In all cases of summary conviction or of orders made
award costs by a Magistrate, except as in section 60 provided, it shall be
by distress. lawful for the Magistrate making the same, in his discretion , to
43and 12 ]v . award and order in and by such conviction or order that the
c.11
defendant shull pay to the complainant or prosecutor respectively
such costs as to such Magistrate shall seem just and reasonable
in that behalf but not in any case exceeding five dollars, and in
cases where such Magistrate instead of convicting or making
an order as aforesaid , shall dismiss the complaint or information,
it shall be lawful for him in his discretion in and by his order
of dismissal to award and order that the complainant or pro