460-
No. 3 of 1890.
MAGISTRATES.
c. 49, s. 18.
42 & 43 Vict. mitted on the same occasion, impose on any person imprisonment for the whole exceeding six months; but nothing in this section shall be deemed to affect the provisions contained in section 82.
First Schedule.
Forms Nos. 40-59.
Warrants of distress Vict. c. 43, s. 19.
First Schedule.
Form No. 16.
First Schedule.
Forms Nos. 40 and 41.
Allowing defendant to go at large until return made to warrant, etc.
Distress and committal warrants.
39. Where a conviction adjudges a fine to be paid or where an order requires the payment of a sum of money and by the enactment authorising such conviction or order such fine or sum of money is to be levied on the goods and chattels of the defendant by distress and sale thereof, and also in cases where by the enactment in that behalf no mode of raising or levying such fine or sum of money or of enforcing the payment of the same is stated or provided, it shall be lawful for a magistrate to issue his warrant of distress for the purpose of levying the same, which shall be in writing under his hand and seal: Provided always that whenever it appears to the magistrate to whom application is made for any such warrant that the issuing thereof would be ruinous to the defendant, and his family, or whenever it appears to the magistrate by the confession of the defendant or otherwise, that he has no goods or chattels whereon to levy the distress or whenever in the opinion of the magistrate it is inexpedient to issue such warrant, then and in every such case it shall be lawful for the magistrate, instead of issuing the warrant of distress, to commit the defendant to prison, with or without hard labour, for such time and in such manner as by law the defendant might be so committed in case such warrant had issued and no goods or chattels could be found whereon to levy such fine or sum and costs aforesaid.
40. Where a magistrate issues any such warrant of distress it shall be lawful for him to suffer the defendant to go at large, or, by a written warrant in that behalf or verbally, to order the defendant to be kept and detained in 11 & 12 Vict. safe custody until return is made to the warrant, unless the defendant gives sufficient security, by recognizance or otherwise, to the satisfaction of the magistrate, for his appearance before a magistrate at the time and place appointed for the return of the warrant: Provided always that in any case where a defendant gives security by recognizance as aforesaid,
c. 43, s. 20. First Schedule.