1
[In every case of an offence punishable
with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without
imprisonment,
and in every case of an offence punishable 2 [with imprisonment or fine, or] with fine only, in which the offender is sentenced to a fine.]
it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
and in every case of an offence punishable 2 [with imprisonment or fine, or] with fine only, in which the offender is sentenced to a fine.]
it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
1. Subs. by Act 8 of 1882, s. 2, for "In every case in which an offender is sentenced to a fine".
2. Ins. by Act 10 of 1886, s. 21 (2).