CAP. 227]
Magistrates.
[s. 49 cont.] directly or indirectly receives, without the permission of a magistrate, any sum of money or reward for compounding, delaying or withdrawing the information, it shall be lawful for a magistrate to issue his warrant or summons, as he may deem best, for bringing before him the person charged with such compounding, delay or withdrawal; and if such offence is proved by the confession of the said informer or by the oath of any credible witness, he shall be liable to
[44
24 of 1949, s.17.
a penalty of five hundred dollars.
Warrant of distress.
c. 43, s. 19.
Rules. Form 15.
Rules. Forms 40-41.
30 of 1958 3.13
Distress and committal warrants.
50. Where a conviction adjudges a fine to be paid or 12 Vict. where an order requires the payment of a sum of money, and by the enactment authorizing 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.
[45
Allowing defendant to go at large until return
51. 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 11 & 12 Vict. verbally, to order the defendant to be kept and detained in safe custody until return is made to the warrant, unless
made to
warrant, etc.
c. 43, s. 20.
Rules. Form 54.
258