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Summary order to do specific act

Cap. 99, s. 78 · Revised Edition 2020

(1) Where a power is by any statute given to the court to require any person to do, or to abstain from doing, any act or thing, other than the payment of money, or to require any act or thing to be done or left undone, other than the payment of money, and no mode of enforcing the requisition is presented by that statute, the court may, to do a specific act. (a) exercise that power by an order; 47 (b) annex to the order any conditions as to time or mode of action or otherwise which the court thinks just; (c) suspend or rescind the order on any undertaking being given, or condition being performed, which the court thinks just; and (d) generally make such arrangements for carrying the power into effect as to the court seems fit. (2) Every person who makes default in complying with an order of the court in relation to any matter arising under a statute, other than the payment of money, (a) shall be punished in the manner prescribed by that statute; or (b) if no punishment is thereby prescribed, may subject to subsection (3) of this section, in the discretion of the court, be ordered to pay a sum not exceeding five dollars for every day during which he is in default, or to be imprisoned until he has remedied his default. (3) A person shall not, for noncompliance with the direction of the court, whether made by one or more orders, to do or abstain from doing any act or thing, be liable under this section to the payment of any sums amounting in the aggregate to more than four hundred dollars or to imprisonment for any periods amounting in the aggregate to more than two months. (4) In making any order under this section, the court may order that, (a) in default of compliance with the order, the defendant shall pay to the complainant a sum which the as a fair compensation to him for the default; and (b) in default of the payment of that sum, the defendant shall be imprisoned for any term not exceeding the term prescribed by section 55 of this Act in respect of a like sum in the scale of imprisonment in default of payment of sums of money adjudged to be paid by Summary trials of indictable offences generally
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