251
18
-
obedience of
etc., not
of money.
50.-(1) Where a conviction does not order the payment Commitment of any fine but that the defendant be imprisoned, or imprisoned for dis and kept to hard labour, or where an order is not for the pay- order to ment of money but for the doing of some other act, and directs do some act, that, in case of the defendant's refusal or neglect to do such being act, he shall be imprisoned, or imprisoned and kept to hard payment labour, and the defendant refuses or neglects to do such act, 11 & 12 Vict. in every such case it shall be lawful for a magistrate to issue c. 43, s. 24. his warrant of commitment under his hand and seal, requiring First the constable to whom the same is directed to take and convey Forms the defendant to prison and there to deliver him to the Super- Nos. 55 intendent 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, as the case may be, for such time as the Ordinance or statute on which the conviction or order is founded as aforesaid directs.
Schedule.
and 56.
Schedale.
(2) In any such case, where by the conviction or order any sum for costs is adjudged to be paid by the defendant to the complainant or informant, such sum may, if the magistrate thinks fit, be levied by warrant of distress in manner aforesaid, First and, in default of distress, the defendant may be also commit- Forms ted to prison there to be kept for any time not exceeding one Nos. 42, 43 month, with or without hard labour, to commence at the ter- and 57.
nination of the imprisonment which he is then undergoing, unless such sum for costs and all costs and charges of the dis- tress shall be sooner paid.
. 58, s. 18,
51. Where a term of imprisonment is imposed by a Consecutive magistrate, either in the first instance or in respect of the sentences of
imprison- non-payment of any sum of money adjudged to be paid by a ment. conviction or order, the magistrate may order that the said 4 & 5 Geo. 5, term shall commence at the expiration, in whatever manner, of any other term of imprisonment which has previously been imposed by any court: Provided that where two or more terms of imprisonment imposed by a magistrate or magistrates are ordered to run consecutively the aggregate of the said terms of imprisonment shall not exceed twelve months.
ment of
distress not
imprisoned,
52. Where any person against whom a warrant of distress Ou pay issues as aforesaid pays or tenders to the constable or other ne and officer having the execution of the same the sum mentioned in expenses the warrant, together with the amount of the expenses of the to be levied, distress up to the time of such payment or tender, such or party, if constable or other officer shall cease to execute the same; and to be where any person is imprisoned as aforesaid for non-payment discharged. of any fine or other sum he may pay or cause to be paid to 11 & 12 Vict. 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.
53. 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 between
c. 43, s. 28.
Provisions as to warranta
of distress. 42 & 43 Vict.
c. 49, s. 43.
19
―
the making of the distress and the sale, unless the goods dis- trained are perishable, and when consent is so given as afore- said the sale may be made in accordance with such consent;
(3) 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;
(4) 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 execut- ing 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 not exceeding twenty-five dollars;
(5) 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 not exceeding twenty-five dollars;
Form
(6) a written account of the costs and charges incurred First in respect of the execution of any warrant of distress shall be Schedule, sent by the constable or other officer charged with the execu- No. 50. tion of the warrant as soon as practicable to the magistrates' clerk; and it shall be lawful for the person on whose goods the distress was levied, within one month after the levy of the distress, to inspect such account without fee or reward, at any reasonable time to be appointed by a magistrate, and to take a copy of such account;
(7) a constable or other officer charged with the execution of a warrant of distress shall cause the distress to be sold, and may deduct out of the amount realised by the sale all costs and charges actually incurred in effecting the sale, and shall render to the owner the surplus, if any, after retaining the amount for which the warrant was issued and the proper costs and charges of the execution of the warrant ;
(8) where a person pays or tenders to the constable or other officer charged with the execution of a warrant of distress the sum mentioned in the warrant or produces the receipt for the same of the magistrates' clerk, and also pays the amount of the costs and charges of the distress up to the time of such payment or tender, the constable or other officer shall not execute the warrant; and
(9) where a claim is made to or in respect of property taken in execution under this section by any person other than the party against whom such execution issued, such claim shall be heard and determined by the magistrate upon a summons calling before him as well such claimant as the party on whose behalf such execution issued, and the decision of the magistrate upon such claim shall be final.
252