654835-1890-Bill-The-Magistrates-Ordinance — Page 13

118

THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

After warrant Magistrate Jiu? "]los defendant to

at large

turn Inade to warrant. €11 & 12 V c. 43. s. 20.)

In default of sufficiens

distress, defendant may beommitted to prison. 41 & 12 V. c. 3, s. 21.)

Where no remedy or punishment in default of distress com→ mitment may he orderl (11:12 V.

c. 43, s. 22.)

Power to commit in first instance. (11 & 12 V. c. 43, x, 23.)

the same, which said warrant of distress shall be in writing under the hand and scal of the Magistrate making the same: Provided always, that whenever it shall appear to the Magistrate to whom application shall be made for any such warrant of distress as aforesaid that the issuing thereof would be ruinous to the defendant and his family, or wherever it shall appear to such Magistrate, by the confession of the defendant or otherwise, that he hath no goods or chattels whereon to levy such distress, then and in every such case it shall be lawful for such Magis- trate, if he shall deem fit, instead of issuing such warrant of distress, to commit such defendant to prison with or without hard labour, for such time and in such manner as by law such defendant might be so committed in case such warrant of distress had issued and no goods or chattels could be found whereon to levy such fine or sum and costs aforesaid.

40. Where a Magistrate shall issue any such warrant of distress it shall be lawful for him to suffer the defendant to go at large, or by a written warrant in that behalf, (LIV.) or verbally to order the defendant to be kept and de- tained in safe custody until return shall be made to such warrant of distress, unless such defendant shall give suffi- cient security, by recognisance or otherwise, to the satis- faction of such Magistrate, for his appearance before a Ma- gistrate at the time and place appointed for the return of such warrant of distress: Provided always, that in all cases where a defendant shall give security by recognisance as aforesaid, and shall not afterwards appear at the time and place in such recognisance mentioned, then the Magistrate then present may forthwith declare the same to be estreated in manner hereinafter provided.

41. If at the time and place appointed for the return of any such warrant of distress the constable who shall have had the execution of the same, shall return (XLIX.) that he could find no 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 shall be returned to issue his warrant of commitment (LIII.) under his hand and seal, directed to the same or any other constable, reciting the conviction or order shortly, the issuing of the warrant of distress, and the return there- to, and requiring such constable to convey such defendant to prison, and there to deliver him to the Superintendent thereof, and requiring such 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 shall have been directed and appointed by the Ordinance or Statute on which the conviction or order mentioned in such warrant of distress was founded, 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 such commitment), shall be sooner paid.

42. Whenever it shall be returned to a warrant of dis- tress issued for the recovery of a fine or sum of money ordered to be paid under à conviction or order that no sufficient goods of the party against whom such warrant shall have been issued can be found, and by the Ordinance or Statute 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 shall think fit, by his warrant (LIII.) as aforesaid, to commit the defendant to prison for any term not exceeding three calendar months with or without hard labour 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 such com- mitment) shall be sooner paid.

43. In all cases where the Ordinance or Statute 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 such conviction or order, the defendant shall be imprisoned, or imprisoned 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 do not pay the same, together with costs, if awarded, forthwith, or at the time specified in such conviction or order for the