MAGISTRATES.
No. 3 of 1890.
463
Forms Nos.
magistrate thinks fit, be levied by warrant of distress in First manner aforesaid, and, in default of distress, the defendant Schedule. may be also committed to prison there to be kept for any time not exceeding one month, with or without hard labour, to commence at the termination of the imprisonment which he is then undergoing, unless such sum for costs and all costs and charges of the distress shall be sooner paid.
subsequent
c. 43, s. 25.
45. Where a magistrate, on any complaint or information Commitment. as aforesaid, adjudges the defendant to be imprisoned, and for the defendant is then in prison undergoing imprisonment on offence. a conviction for any other offence, the warrant of commitment 11 & 12 Vict. for such subsequent offence shall in every such case be forthwith delivered to the gaoler to whom the same is directed; and it shall be lawful for the magistrate issuing the same to award and order therein and thereby that the imprisonment for such subsequent offence shall commence at the expiration of the imprisonment to which the defendant has been previously adjudged or sentenced.
expenses
or party, if
to be
46. In any case where any person against whom a warrant On payment of distress issues as aforesaid pays or tenders to the constable of fine and or other officer having the execution of the same the sum distress not mentioned in the warrant, together with the amount of the to be levied, expenses of the distress up to the time of such payment or imprisoned, tender, he shall cease to execute the same and in any case discharged. where any person is imprisoned as aforesaid for non-payment 11 & 12 Vict. of any fine or other sum, he may pay or cause to be paid to c. 43, s. 28. to the Superintendent of Prisons the sum mentioned in the warrant of commitment, together with the amount of the costs therein mentioned, and the said Superintendent shall receive the same, and shall thereupon discharge such person, if he is in his custody for no other matter
47. The following provisions shall apply with respect to warrants of distress issued by a magistrate under this Ordinance:
(1) a warrant of distress shall be executed by or under the direction of a constable or other officer;
(2) save in so far as the person against whom the distress is levied otherwise consents, the distress shall be sold by public auction, and five clear days at the least shall intervene
* As amended by Law Rev. Ord., 1923.
† As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.
*
Provisions as to warrants of distress. 42 & 43 Vict. c. 49, s. 43.
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