654835-1890-Bill-The-Magistrates-Ordinance — Page 14

THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

payment of the same, it shall be lawful for a Magistrate to issue his warrant of commitment (LI., LII.) under his hand and seal, requiring the constable or constables to whom the same shall be directed to take and convey such defendant to prison, and there to deliver him to the Superin- tendent thereof, and requiring such Superintendent to receive such 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 such con- viction or order is founded as aforesaid shall direct, unless the fine, sum or sums adjudged to be paid, shall be sooner paid.

44. Where a conviction does not order the payment of any fine, but that the defendant be imprisoned, or impri- soned and kept to hard labour, for his offence, or where an order is not for the payment of money, but for the doing of some other act, and directs that in case of the defend- ant's neglect or refusal to do such act he shall be impri- soned, or imprisoned and kept to hard labour, and the de- fendant neglects or refuses to do such act, in every such case it shall be lawful for a Magistrate to issue his warrant of commitment (LV., LVI.) under his hand and seal, re- quiring the constable or constables to whom the same shall be directed to take and convey such defendant to prison and there to deliver him to the Superintendent thereof, and requiring such Superintendent to receive such 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 such conviction or order is founded as aforesaid shall direct; and in all such cases, where by such conviction or order any sum for costs shall be adjudged to be paid by the defendant to the com- plainant or prosecutor, such sum may, if the Magistrate shall think fit, be levied by warrant of distress (XLIL, XLII.) in manner aforesaid, and in default of distress the defendant may, if such Magistrate shall think fit, be also committed to prison (LV111.) there to be kept for any time not exceeding one calendar month with or without hard labour to commence at the termination of the imprison- ment he shall then be undergoing, unless such sum for costs, and all costs and charges of the said distress shall be sooner paid.

45. Where a Magistrate shall upon any complaint er information as aforesaid adjudge the defendant to be im- prisoned, and such defendant shall then be in prison under- going imprisonment upon a conviction for any other offence the warrant of commitment for such subsequent offence shall in every such case be forthwith delivered to the gaoler to whom the same shall be directed: and it shall be lawful for the Magistrate issuing the same, if he shall think fit, to award and order therein and thereby that the im- prisonment for such subsequent offence shall commence at the expiration of the imprisonment to which such defendant shall liave been previously adjudged or sentenced.

46. In all cases where any person against whom a warrant of distress shall issue as aforesaid shall pay or tender to the constable having the execution of the same the sum or sums in such warrant mentioned, together with the amount of the expenses of such distress up to the time of such payment or tender, such constable shall cease to execute the same; and in all cases in which any person shall be imprisoned as aforesaid for non-payment of any fine or other sum he may pay or cause to be paid to the Superintendent of the prison in which he shall be so im- prisoned the sum in the warrant of commitment mentioned, 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 be in his custody for no other matter.

47. The following regulations 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.

(2.) Save in so far as the person against whom the dis- tress is levied otherwise consents in writing, the distress shall be sold by public auction and five clear days at the least shall intervene between the making of the distress and the sale and when written consent is so given as aforesaid the sale may be made in accordance with such consent.

Commitment for disobe dience of an order to do

som

net, &c.

not being payment of

money.

(11 & 12 V. c. 13, s. 24.)

Subsequent offened Commitment.

(1 & 12 V. U. 13, 25.)

On payment of fine and expenses distress not to be levied or the party if imprisoned

on payment to be discharged.

c. 43, s. 28.)

Procedure on

execution of Warrants of distress (2 & 13 V. e, 40, s. 43.)

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