the-ordinances-of-the-legislative-counci-1890v2 — Page 687

MAGISTRATES . 1277
[ 10 of 1890. ]
ordered to be paid to me the undersigned on or before the day of
instant, so be by me handed over to the said (Respondent) ; and I
further certify that the said sum for costs has not, nor has any part thereof,
been paid in obedience to the said order.
Dated the day of 18

[ Seal.]
(Signed ),
( Deputy ) Registrar of the Supreme Court.


Third Schedule Rules.- (Sec. 126.)
Summary Proceedings.
1. Where in pursuance of any ordinance or statute a Magistrate specially
directs the appropriation of a fine, the ordinance or statute under which the
appropriation is made shall be set forth in the register required to be kept in
pursuance of “ The Magistrates Ordinance, 18 (which is hereinafter in
these rules referred to as the ordinance) and authenticated by the signature
of one of the Magistrates.
2. The return referred to in section 30 sub -section 4 of the ordinance shall
contain the particulars required to be entered in the register. The Magistrate
signing any such return shall cause it to be delivered to the Magistrate's
clerk and he shall enter the return in the register.
3. The account to be rendered by the Magistrate's clerk of fines, fees and
other sums received by him under the ordinance shall be rendered quarterly
or at any less interval as may be directed by the Colonial Treasurer and shall
be in form 1 at foot of these rules.
4. All fines imposed by a Magistrate shall appear in the last mentioned
account in chronological order, and where payment is deferred or to bemadeby
instalments, the fact shall be shewn in the column healed “ Remarks.” When
the whole of the sum has been paid or recovered by distress, or the term of
imprisonment imposed in default of payment or of sufficientdistress has expired ,
the Magistrate's clerk shall then enter the sum in the account. Provided that,
though the whole of the sum may not have been paid or recovvered e , the
instalments received shall be accounted for at such times and in such manner
as the Colonial Treasurer may direct.
5. Where a Magistrate's clerk renders an account in the required or
authorised form to the authority to whom he is required to render it , he shall
not be required to render any other account relating to the same particulars.
6. The Magistrate's clerk shall enter on the day ofits receipt each sum of
money received by him on any account whatever. Each instalment so received
shall be entered in a book called the Instalment Ledger, to an account to be
opened in respect of the proceeding in which the sum is paid .
7. The Magistrate's clerk shall send on the 10th January, April, July and
October, in cach year, to the Colonial Secretary a certified statement in the
form 2 at foot of these rules of all fines which have been imposed by the
Magistrate during the previous three months, and which are payable wholly
or in part to the Colonial Treasurer. If no such fines have been imposed, the
statement shall be certified in blank .
8. Where a Magistrate has enforced payment of any sum due by a principal
in pursuance of a security under the ordinance which appears to the
Magistrate to be forfeited , the sum shall be paid to the Magistrate's clerk
and shall be paid and applied by him in the manner in which fines imposed
by a Magistrate in respect of which fines no special appropriation is made,
are payable and applicable.
9. Any security given under the ordinance by an oral or written acknow
ledgment, may be in the form of an undertaking.