18 THE LEEWARD ISLANDS GAZETTE. [19 January, 1956.
For any sum exceeding ten pounds, but not exceeding thirty pounds, four months.
For any sum exceeding thirty pounds but not exceeding fifty pounds, six months.
For any sum exceeding fifty pounds, a year.”
Section 120 of the Magistrate’s Code of Procedure Act, (Cap. 61) reads thus:—

‘A Magistrate by whose conviction any sum is adjudged to be paid muy do all or any of
the following things, namely;

(a) Order imprisonment in the first instance, unless such sum be paid forthwith;
(6) Allow time for the payment of the said sum;
(c) Direct payment to be made of the said sum by instalments;

(d) Direct that the person liable to pay the said sum shall be at liberty to give
to the satisfaction of that Magistrate, or such person as may be specified by him,
security with or without a surety or sureties for the payment of the said sum or of
any instalment thereof and such security may be given and enforced in manner
provided by this Act;

(e) Issue a warrant of distress for the leving of the said sums;

(7) Order imprisonment in default of sufficient distress or of the payment of
any instalment.”

Section 125 of the same Act states:—

“The period of imprisonment imposed by a Magistrate under this or any other Act in
respect of the non-payment of any sum of money adjudged to be paid by a conviction or in
respect of the default of a sufficient distress to satisfy any such sum or in respect of the
default of payment of any instalment of such sum shall notwithstanding any enactment
to the contrary in any past Act be such period as in his opinion will satisfy the justice of
the case, but shall not in any case exceed the maximum fixed by the following scale:—

Where the amount of the sum or The said period
sums of money adjudged shall not
to be paid— exceed—
Does not exceed ten shillings oa 14 days
Exceeds 10/- but does not exceed £1 ani 30 days
7 ek 4.4; 2 53 £5 ase 2 months
” £5, ” ” £20 oes af ”
» £20 Se fy se 6

and may be either with or without hard labour in the discretion of the Magistrate.”

Now it is to be noted that section 61 of the Licensing Act, which is a Presidential Act,
expressly refers to the Magistrate’s Code of Procedure Act, a Federal Act governing procedure in
the Magistrate’s Court, and states that penalties are to be recovered and enforved as provided in
that Act ‘‘ except as in this Act otherwise expressly provided,”......... and ‘subject to the following
provisions.” It was contended for the appellant that the provisions of section 61 (1) conflict with
those of section 120 of the Magistrate’s Code of Procedure Act and were therefore void for
yepugnancy. We do not consider that there is any conflict between the two provisions. On the
contrary we are of opinion that section 61 (1) is additional to the provisions of the Magistrate’s
Code of Procedure Act and is limited in its application to the cases to which it expressly refers.

Section 120 of the Magistrate’s Code of Procedure Act expressly authorises the Magistrate
to order imprisonment in default of payment of the whole or any instalment of a sum adjudged to
be paid, without requiring distress to be first issued. In this respect it differs significantly from
the corresponding section (section 7) of the Summary Jurisdiction Act, 1879, which contains
provisions similar only to (0), («), (d) and (e) of section 120. Indeed, the Summary Jurisdiction
Act, 1879, contemplated that penalties should be recovered by distress, and allowed imprisonment
to be ordered in default of payment only where distress proved to be in fact inadequate, or in the
cases specially provided for in section 21. It was in this setting that it was held in In re Brown
and Jn re Clew that although section 21 (8) of the Act provided for imprisonment to be ordered in
default without first issuing a warrant of distress where the court was satisfied that distress would
be useless or inappropriate, that section applied solely to cases where the statute creating the
offence authorised punishment by fine, or in default of payment, imprisonment. In our view,
section 61 of the Licensing Act, 1879, incorporates by reference the provisions of section 120 of the
Magistrate’s Code of Procedure Act, and thus expressly gives to the Mavistrate the option of
imposing imprisonment in default of payment of the penalty under paragraph (a), oy of issuing a
warrant of distress under paragraph (e).