[43] . 10. Any person or persons guilty of an infraction of any of the provisions of this By-law ”“3”” shall, upon conviction in the City Police Court of the Stipendiary Magistrate, on the oath or affirmation of any credible witness, forfeit and pay, at the discretion of the said Magistrate, a penalty not exceeding the sum of twenty dollars for each offence. exclusive of“ costs; and, in default of payment thereof, forthwith it shall and may be lawful for the said Magistrate to commit the offender or offenders to the common jail of the said city for any period not exceeding thirty days, unless’the said penalty and costs be sooner paid. 4