36
CAP. 227]
Magistrates
[1988 Ed.
commitment under his hand and seal, directed to the same or any other police officer or other officer, reciting the conviction or order shortly, the issuing of the warrant of distress, and the return thereto, and requiring such police officer or other officer to convey the defendant to prison, and there to deliver him to the Commissioner of Correctional Services, and requiring the said Commissioner to receive the defendant and to imprison him 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.
Commitment of defendant where no remedy or punishment in default of sufficient distress
(See Forms 57, 63) [cf. U.K. 1848 c. 43, s. 21]
54. 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 for such period as may be in accordance with the scale provided by section 68, 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.
(Amended, 30 of 1958, Schedule) (See Form 63) [cf. U.K. 1848 c. 43, s. 22]
C
C
Commitment of defendant in first instance
55. (1) Where the enactment by virtue of which a conviction for a fine or an order for the payment of money is made makes no provision for such fine or sum being levied by distress, but directs that, if the same be not paid forthwith or within a certain time therein mentioned or to be mentioned in the conviction or order, the defendant shall be imprisoned for a certain time unless such fine or sum shall be sooner paid, in every such case such fine or sum shall not be levied by distress; but if the defendant does not pay the same, together with costs, if awarded, forthwith, or at the time specified in the conviction or order for the payment of the same, it shall be lawful for a magistrate to issue his warrant of commitment under his hand and seal, requiring the police officer to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Commissioner of Correctional Services, and requiring the said Commissioner to receive the defendant and to imprison him for such time as the enactment on which the conviction or order is founded as aforesaid directs, unless the fine or sum adjudged to be paid shall be sooner paid. (Amended, 30 of 1958, Schedule) (See Forms 27, 59, 61)
(2) A warrant issued under subsection (1) may remain in full force until it is executed or until it is withdrawn by any magistrate. (Added, 32 of 1966, s. 3) [cf. U.K. 1848 c. 43, s. 23]
C