Bill 54 (Legislature 14, Session 5)

L14 S5 1791

Alberta — Bills

No. 54 5th Session, 14th Legislature, Alberta 11 Elizabeth II BILL 54 A Bill to amend The bmmary Convictions Act HON. MR. MANNING Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1963

Expla.na,tory Note I. Magistrates are given a discretion to grant or refuse time for payment of a fine and costs imposed under a provincial statute or municipal by-law. 2. Commencement of Act.

BILL NO'. 54 Qf 1963

An Act to' amend The

Summary CQnvictiQns Act (Assented to , 1963) HER MAJESTY, by and with the advice andcQnsent Qf the Legislative Assembly Qf the PrQvince Qf Alberta, enacts as follQws: 1. The

Summary Convictions Act, being

chapter 325 Qf the Revised Statutes, is amended by adding the fQllQwing new sectiQn after sectiQn 18: 180,.

(1) A justice who cQnvkts a perSQn under a prQ vincial statute or ,municipal by-law ,may direct that any fine adjudged to' !be paid shall (

a) be paid fQrthwith, Qr (

b) be paid at such time as, the justice may fix.

(2) Where time has been allQwed fQr payment a justice shall not issue a warrant Qf 'cQmmittal in default Qf pay ment Qf the fine until the expiratiQn Qf the time allQwed fQr payment.

(3) Notwithstanding subsectiQn (2), where, befQre the expiration of the time allQwed fQr p'ayment, the person whO' has been allowed time fQr payment appears befQre a justice and signifies in writing that he prefers to' be CQm mitted immediately rather than await the expiratiQn Qf the time allowed, the justice may forthwith issue a warrant commi tting the person to' prison.

(4) Where time has been allQwed fQr payment under subsectiQn (1), the justice whO' impQsed the sentence may, uPQn applicatiQn by Qr on behalf of the person allQwed time fQr payment, ,allow further time fQr payment.

(5) In this sectiQn "fine" includes a pecuniary penalty and CQsts.

(6) SubsectiQns (3) to'

(11) Qf ~ectiQn 694 Qf the C;r'i1}~ inal Code dO' n:O't apply to' prQCeedIngs under a prQV1J.nelal statute or municipal by-law. 2. This Act CQmes intO' fQrce Qn the day UPQn which it is assented to'.

No. 54 FIFTH SESSION FOURTEENTH LEGISLATURE 11 ELIZABETH II 1963 BILL

An Act to amend The

Summary Convictions Act Received and read the First time ......................................... . Second time .................................... . Tllird Time ...... " ............................. . HON. MR. MANNING Title: 1963 (14th, 5th) Bill 54,

An Act to amend The

Summary Convictions Act

Document details

Collection	Alberta — Bills
Citation	L14 S5 1791
Type	bill
Volume / chapter	L14 S5 1791
Language	en
Format	json
Source	PROVINCIAL
Identifier	0d3bc9d862dc38ffecfc9e142e36d9c84a04c73f

Source file is stored in the law ingest library (json).