MAGISTRATES.
No. 3 of 1890.
461
said, and does not afterwards appear at the time and place mentioned therein, the magistrate then present may forthwith declare the same to be estreated in manner hereinafter provided.
sufficient
c. 43, s. 21.
*
Schedule.
41. If at the time and place appointed for the return of Commitment any such warrant of distress, the constable or other officer in default of who has had the execution of the same returns that he could distress, find no goods or chattels or no sufficient goods or chattels 11 & 12 Vict. whereon he could levy the sum or sums therein mentioned, together with the costs of or occasioned by the levying of the same, it shall be lawful for the magistrate before whom the same is returned to issue his warrant of commitment under his hand and seal, directed to the same or any other constable or other officer, reciting the conviction or order shortly, the issuing of the warrant of distress, and the return thereto, and requiring such constable or other officer to convey the defendant to prison, and there to deliver him to the Superintendent of Prisons, and requiring the said Superintendent to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, in such manner and for such time as the enactment on which the conviction or order mentioned in the warrant of distress is founded directs, unless the sum or sums adjudged to be paid, and all costs and charges of the distress, (the amount thereof being ascertained and stated in the commitment), shall be sooner paid.
where no
in default of
distress.
42. Whenever it is returned to a warrant of distress issued for the recovery of a fine or sum of money ordered to be paid under a conviction or order that no sufficient goods of the party against whom such warrant has been issued can be found, and by the enactment under the provisions of which such conviction or order was made no further remedy or punishment is provided for the non-payment of such fine or sum of money, it shall nevertheless be lawful for a magistrate, if he thinks fit, by his warrant as aforesaid, to commit the defendant to prison, with or without hard labour, for such period as may be in accordance with the scale provided by section 57, unless the fine or sum adjudged to be paid, and all costs and charges of the distress, (the amount thereof being ascertained and stated in the commitment), shall be sooner paid.
* As amended by Law Rev. Ord., 1923.
Form No. 53.
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