CAP. 227]
Provisions as to warrants
of distress.
42 & 43 Vict. c. 49, s. 43.
22 of 1950, Schedule.
22 of 1950, Schedule.
Magistrates.
58. The following provisions shall apply with respect to warrants of distress issued by a magistrate under this Ordinance-
(a) a warrant of distress shall be executed by or under
the direction of a police officer or other officer;
(b) 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 between the making of the distress and the sale, unless the goods distrained are perishable, and when consent is so given as aforesaid the sale may be made in accordance with such consent;
(c) subject as aforesaid the distress shall be sold within the period fixed by the warrant, and, if no period is so fixed, then within the period of fourteen days from the date of the making of the distress, unless the sum for which the warrant was issued, and also the charges of taking and keeping the distress, are sooner paid;
(d) subject to any directions to the contrary given by the warrant of distress, when the distress is levied on household goods, the goods shall not, except with the consent in writing of the person against whom the distress is levied, be removed from the house until the day of sale, but so much of the goods shall be impounded as are, in the opinion of the person executing the warrant, sufficient to satisfy the distress, by affixing to the articles impounded a conspicuous mark; and every person removing any goods so marked or defacing or removing the said mark shall upon summary conviction be liable to a fine of one hundred dollars;
(e) 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 upon summary conviction be liable to a fine of one hundred dollars;
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