the-ordinances-of-the-legislative-counci-1890v2 — Page 635

MAGISTRATES. [ 10 of 1890. ] 1225

entitled to recover the amount of such fine or sum so levied or
paid, or any sum beyond the sum of five cents as damages for
such imprisonment, or any costs of suit whatsoever, if it shall
be proved that he was actually guilty of the offence of which
he was so convicted , or that he was liable by law to pay the
sum he was so ordered to pay , and (with respect to such
imprisonment) that he had undergone no greater punishment
than that assigned by law for the offence of which he was so
convicted, or for non -payment of the sum he was so ordered to
pay.


PART IX.
PROVISIONS AS TO RULES, REGULATIONS, FEES, & c.
126. The rules in the 3rd schedule hereto shall be observed Rules.
in carrying into effect this ordinance.
127. It shall be lawful for the Governor in Council to make Costs and
regulations as to the fees to be taken , if any, at the Magistrates' fecs.
Court in respect of any proceedings or of the issuing, service or
execution of any process, or otherwise, and as to the costs, if
any , to be allowed for the attendance of witnesses or for legal
assistance or otherwise and to fix a scale of such fees and costs
and by regulation to exempt in any particular class of cases,
from the payment of such fees and costs or either. It shall also
be lawful for the Governor in Council, frem time to time, to
alter , add to , amend or revoke such regulations or scale and to
make new regulations and scales. Such regulations and scales
shall be published in the Gazette and shall thereupon come into
force on such day as may be therein declared .
A table of the fees and costs in force for the time being shall Table of
be hung up in some conspicuous part ofthe Magistrates' Court. fees.
It shall be lawful for any Magistrate to refuse to do any act for
which any fee shall be payable unless such fee shall be first Recovery of
paid : and if any such act be done and the fee due thereon be fees.
not paid it shall be lawful for any Magistrate to suminon the
person from whom such fee shall be due and to recover the
same by warrant and distress in manner hereinbefore provided
for the recovery of fires and penalties.

PART X.
COMING INTO OPERATION OF ORDINANCE .
128. This ordinance shall conie into force on the 1st day of nance
When shall
ordi
January, 1891. come into
operation,