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wards appear at the time and place mentioned therein, the magistrate then present may forthwith declare the same to be estreated in manner hereinafter provided.
ment in
distress.
11 & 12 Vict.
c. 43, s. 21.
Schedule.
and 53.
47. If at the time and place appointed for the return of Commit- any such warrant of distress the constable or other officer who default of has had the execution of the same returns that he could find no sufficient goods or chattels or no sufficient goods or chattels 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, First directed to the same or any other constable or other officer, Forms reciting the conviction or order shortly, the issuing of the Nos. 49 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 commit- ment), shall be sooner paid.
of defendant
distress.
48. Whenever it is returned to a warrant of distress Commitment issued for the recovery of a fine or sum of money ordered to where no be paid under a conviction or order that no sufficient goods of remedy or
punishment the party against whom such warrant has been issued can be in default found, and by the enactment under the provisions of which of sufficient such conviction or order was made no further remedy or 11 & 12 Vict. punishment is provided for the non-payment of such fine or c. 43, s. 22. 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 First section 62, unless the fine or sum adjudged to be paid, and Form all costs and charges of the distress (the amount thereof being No. 53. ascertained and stated in the commitment), shall be sooner paid.
Schedule.
in first
c. 43, s. 23.
49. Where the enactment by virtue of which a conviction Commitment for a fine or an order for the payment of money is made makes of defendant no provision for such fine or sum being levied by distress, but instance. directs that, if the same be not paid forthwith or within a cer- 11 & 12 Vict. tain time therein mentioned or to be mentioned in the con- viction or order, the defendant shall be imprisoned, or impri- soned and kept to hard labour, 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, forth- with, 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 First the constable to whom the same is directed to take and convey Schedule. the defendant to prison and there to deliver him to the Super- Nos. 51 intendent of Prisons, and requiring the said Superintendent to and 52. receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, 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.
Forms
250