MAGISTRATES.
No. 3 of 1890.
507
satisfy the distress by affixing to the articles impounded a conspicuous mark; and any person removing any goods so marked or defacing or removing the said mark shall, on summary conviction, be liable to a fine not exceeding 25 dollars;
(5) where a person charged with the execution of a warrant of distress wilfully retains from the produce of any goods sold to satisfy the distress or otherwise exacts any greater costs and charges than those to which he is for the time being entitled by law or makes any improper charge, he shall on summary conviction, be liable to a fine not exceeding 25 dollars;
form 50.
(6) a written account of the costs and charges incurred in respect of the execution of any warrant of distress shall be sent by the constable or other officer charged with the execution of the warrant as soon as practicable to the Magistrate's clerk; and it shall be lawful for the person on whose goods the distress was levied, within one month after the levy of the distress, to inspect such account without fee or reward, at any reasonable time to be appointed by a Magistrate, and to take a copy of such account;
(7) a constable or other officer charged with the execution of a warrant of distress shall cause the distress to be sold, and may deduct out of the amount realised by the sale all costs and charges actually incurred in effecting the sale, and shall render to the owner the surplus, if any, after retaining the amount for which the warrant was issued and the proper costs and charges of the execution of the warrant; and
(8) where a person pays or tenders to the constable or other officer charged with the execution of a warrant of distress the sum mentioned in the warrant or produces the receipt for the same of the Magistrate's clerk, and also pays the amount of the costs and charges of the distress up to the time of such payment or tender, the constable or other officer shall not execute the warrant.
to warrant ment for non-payment.
48. (1) A Magistrate to whom application is made either to issue a warrant of distress for any sum adjudged to be paid by a conviction or order, or to issue a warrant for committing a person to prison for non-payment of a sum of money adjudged to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient distress to satisfy any such sum, may, if he deems it expedient to do so, postpone the issue of such warrant of distress until such time and on such conditions, if any, as to him may seem just.
[42 & 43 Vict. c. 49 s. 21.]
if of money and as to warrant of