CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 245

2'

20

to warrant of

for non-

payment of

54.--(1) A magistrate to whom application is made either Special to issue a warrant of distress for any sum adjudged to be paid provisions as by a conviction or order, or to issue a warrant for committing commitment a person to prison for non-payment of a sum of money adjudg- ed to be paid by a conviction or, in the case of a sum not money and a civil debt, by an order, or for default of sufficient distress warrant of to satisfy any such sum, may, if he deems it expedient to do distress. so, postpone the issue of such warrant until such time and 42 & 43 Vict. on such conditions, if any, as to him may seem just.

(2) The wearing apparel and bedding of a person and his family and, to the value of twenty-five dollars, the tools and implements of his trade shall not be taken under a distress issued by a magistrate.

as to

c. 49, s. 21.

(3) Where, on application made to a magistrate to issue a warrant for committing a person to prison for non-payment of a sum adjudged to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient distress to satisfy any such sum, it appears to the magistrate to whom the application is made that, either by payment of part of the said sum, whether in the shape of instalments or otherwise, or by the net proceeds of the distress, the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount adjudged to be paid by the conviction or order, would have subjected the defendant to a maximum term of imprison- ment less than the term of imprisonment to which he is liable under such conviction or order, the magistrate shall, by his warrant of commitment revoke the term of imprisonment, and First order the defendant to be imprisoned for a term not exceeding Schedule. such less maximum term instead of the term originally men- Nos. 24 tioned in the conviction or order.

Forms

and 59.

Recognizances, etc.

power to

peace.

42

55.-1) The power of a magistrate, on complaint of any Exercise on person, to adjudge a person to enter into a recognizance and complaint of find sureties to keep the peace or to be of good behaviour bind over towards such first-mentioned person shall be exercised by an to keep the order upon complaint, and the provisions of this Ordinance 2 & 43 Vict. shall apply accordingly, and the complainant and defendant c. 49, s. 25. and witnesses may be called and examined and cross-examined, and the complainant and defendant shall be subject to costs, as in the case of any other complaint.

(2) The magistrate may order the defendant, in default First of compliance with such last-mentioned order, to be imprison- Schedule. ed, without hard labour, for any term not exceeding six months. Nos. 27

Forms

and 28.

security.

56. Where a person has been committed to prison by Power to a magistrate for default in finding sureties, a magistrate may, reduce or on application made to him in manner directed by the rules in ar the Second Schedule by such person or by some one acting on 42 & 43 Vict. his behalf, inquire into the case of the person so committed, c. 49, s. 26. and if. on new evidence produced to the magistrate or proof Second of a change of circumstances, the magistrate thinks, having regard to all the circumstances of the case, that it is just to Schedule. do so, he may reduce the amount for which it is proposed Forms the sureties or surety should be bound, or dispense with the sureties or surety, or otherwise deal with the case as he may think just.

First

Nos. 32