the-ordinances-of-the-legislative-counci-1890v2 — Page 613

MAGISTRATES . [ 10 of 1890.] 1203


secutor respectively shall pay to the defendant such costs as to
such Magistrate shall seem just and reasonable, but not in any
case exceeding five dollars. The sums so allowed for costs
shall in all cases be specified in such conviction or order or
order of dismissal aforesaid , and the same sball be recoverable
in the same manner and under the same warrants as a fine or
a sum of money adjudged to be paid in and by such conviction
or order is to be recoverable and in cases where there is no such
fine or sum to be thereby recovered , then such costs shall be
recoverable by distress and sale of the goods and chattels of the
party, or by imprisonment, with or without hard labour, for any
1


time not exceeding fourteen days, unless such costs shall be
sooner paid .
59. Where any complaint or information shall be dismissed Where prose
with costs, the sum which shall be awarded for costs in the tocutor or lered
pay costs
order for dismissal may be levied by distress on the goods and in default
chattels of the complainant or prosecutor and in default of issue or he
distress or payment such complainant or prosecutor may be may be
committed to prison for any time not exceeding fourteen days, (11 & 12 V.
unless such sum , and all costs and charges of the distress, c. 13, s. 26.]
( the amount thereof being ascertained and stated in such com
mitment ), shall be sooner paid. ( XLIV ., LVIII).
60. Where a fine adjudged by a conviction by a Magistrate fine
Costssmall
whe.
to be paid does not exceed two dollars, then, except so far as [ 12 & 13 V.
the Magistrate may think fit to expressly order otherwise, an c.49,s. 8.]
order shall not be made for payment by the defendant to the
complainant or prosecutor of any costs ; and the Magistrate
shall, except so far as he thinks fit to expressly order otherwise
direct all fees payable or paid by the complainant or prosecutor
to be remitted or repaid to him ; the Magistrate may also order
the fine or any part thereof to be paid to the complainant or
prosecutor in or towards the payment of his costs .
61. All adjudications and certificates under Ordinance No. 3 Adjudica
of 1860 entitled An Ordinance for amending and consolidating the tinde, der
pawn
Law respecting Pawnbrokers shall be held determined and granted brokers
by a Magistrate and enforced according to the provisions ofthis to be enforced
or any amending ordinance relating to summary proceedings summarily.
[ See No. of
notwithstanding anything contained in the said Ürdinance No. 1860, 8. 22.3
3 of 1860.

PART IV.
INDICTABLE OFFENCES.
62. In all cases where a charge or complaint shall be made on
Procedure
informa.
to a Magistrate that any person has committed or is suspected tion being
to have committed any treason, felony or indictable misde- laid.
meanour or other indictable offence over which such Magistrate 2.c 42. s6. 1. ]