655972-1890-Ordinance-10-of-1890-assented-to — Page 14

THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

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 or 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 have 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 or other officer having the execu- tion 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 or other officer 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 imprisoned 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 per- son, 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 or other officer. (2.) Save in so far as the person against whom the dis- tress is levied otherwise consents, 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 unless the goods distrained are perishable and when consent is so given as aforesaid 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 four- teen days from the date of the making of the dis- tress unless the sum for which the warrant was issued and also the charges of taking and keeping the said 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 executing the warrant suth- cient to satisfy the distress by affixing to the articles impounded a conspicuous mark; and any person removing any goods so marked or defacing or removing the said mark shall on 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 pro- duce 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 cn- titled by law or makes any improper charge he shall be liable on summary conviction to a fine not exceeding twenty-five dollars. (6.) A written account (L.) of the costs and charges incurred in respect of the execution of any warrant of distress shall be sent by the constable or other officer charged with the execution of the warrant as soon as practicable to the Magistrate's clerk;

and it shall be lawful for the person upon 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.

Subsequent offence- Commitment. (11 & 12 V. c. 43, 25.)

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

on payment to be discharged. (11 & 12 v. c. 43, 8 28.)

Procedure on execution of warrants of distress. (42 & 43 V. 0.49, s. 13.)

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