Section 88: Imprisonment in lieu of execution

88. Imprisonment in lieu of execution (1) (a) Fines imposed on and costs decreed against persons convicted shall forthwith be paid into the hands of the cashier or other person appointed to receive such payments. [Issue 1] D13 – 24 Revised Laws of Mauritius (b) Where the fines and costs under paragraph (a) are not paid, the Magistrate shall, except in the cases mentioned in subsections (2) and (3) and in section 89 (2), issue a warrant in Form K of the Second Schedule for the imprisonment of the person convicted, in respect of the non payment of such fines and costs for the periods specified in the Third Schedule. (2) Where the Magistrate has reason to believe that the person convicted has the means of paying the fine and costs, he shall issue a warrant of seizure against the movables of such person, even if the aggregate amount of such fine and costs exceeds 2,000 rupees. (3) (a) Where the person convicted satisfies the Magistrate that he is able and willing to pay the fine and costs, the Magistrate may grant him time not exceeding 8 days for payment, and may, before granting such time, require such person to furnish security for such payment, or the surrender of himself within such time. (b) The amount of such security shall, in no case, be less than the aggregate amount of the fine and costs which the person convicted has been condemned to pay, together with the probable costs of execution in case the security bond is forfeited under subsection (4) (b). (4) (a) Where the return to the distress warrant issued under subsection (2) is one of nulla bona, or if at the expiry of the time mentioned in subsection (3), the fine and costs have not been paid, and the person convicted does not surrender himself, the Magistrate shall issue his warrant in Form L of the Second Schedule for the arrest of the person convicted. (b) On the apprehension of such person and his production before him, the Magistrate shall commit such person to prison in respect of the non payment of such fine and costs, for the periods specified in the Third Schedule, and, if the party convicted has furnished security under subsection (3), the Magistrate shall further declare the sums mentioned in the security bond to be forfeited, and shall order their recovery, even if the amount exceeds 2,000 rupees, by the seizure and sale of the goods of such sureties, or otherwise according to law. (5) Where the party convicted, or his surety or sureties, pay part of the amount of fine and costs, execution under subsections (2) and (4) shall issue for the difference only. (6) The wearing apparel and bedding of a person and his family, to the value of 50 rupees, and the tools and implements of his trade, shall not be liable to seizure under this section. (7) Where there is an insufficient distress under subsection (2), the Magistrate shall issue a warrant for the imprisonment of the person convicted, in respect of the fine and costs remaining unpaid, for the period specified in the Third Schedule. D13 – 25 [Issue 1] District and Intermediate Courts (Criminal Jurisdiction) Act