1901_MAGISTRATES_ORDINANCE__1890 — Page 18

A.D. 1890.]

MAGISTRATES.

Distress and Committal Warrants.

[No. 3.

First Scho-

dufe:

Forms No4 409.

693

Warrants of

11 12 Vict. First Sche-

c. 43 s. 19.

dule:

Form No. 16:

39. Where a conviction adjudges a fine to be paid or where an order requires the payment of a sum of money, and by the Ordinance or statute, whether past or future, authorizing such conviction or order such fine distress. or sum of money is to be levied on the goods and chattels of the defend- ant by distress and sale thereof, and also in cases where by the Ordi- nance or statute, whether past or future, in that behalf no mode of raising or levying such fine or sum of money or of enforcing the payment of the same is stated or provided, it shall be lawful for a Magistrate to issue his warrant of distress for the purpose of levying the same, which said Forms Nos, warrant of distress shall be in writing under the hand and seal of the 40 and 11. Magistrate issuing the same: Provided always that whenever it appears to the Magistrate to whom application is made for any such warrant of distress as aforesaid that the issuing thereof would be ruinous to the defendant and his family, or whenever it appears to the Magistrate, by the confession of the defendant or otherwise, that he has no good or chattels whereon to levy the distress, or whenever, in the opinion of the Magis- trate, it is inexpedient to issue such warrant of distress, then and in every such case it shall be lawful for the Magistrate, if he thinks fit, instead of issuing the warrant of distress, to commit the defendant to prison, with or without hard labour, for such time and in such manner as by law the defendant might be so committed in case such warrant of dis- tress had issued and no goods or chattels could be found whereon to lery such fine or sum and costs aforesaid.

{

Allowing

def ndan ta unit return

go at large

male to

Wilrrant, elt.

First Sche

date:

40. Where a Magistrate issues 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 or verbally, to order the defendant to be kept and detained in safe custody until return is made to the warrant of distross, unless the defendant gives sufficient security, by recognizance or other- . s. 2). wise, to the satisfaction of the Magistrate, for his appearance before a Magistrate at the time and place appointed for the return of the war- rant of distress; Provided always that in any case where a defendant gives security by recognizance as aforesaid, and does not afterwards ap- pear at the time and place mentioned in the recognizance, the Magis- trate then present may forthwith declare the same to be estreated in manner hereinafter provided. § 53 paras (2) + (3)

Form No. 51,

of defendant

41. If, at the time and place appointed for the return of any such war- Commitment rant of distress, the constable or other officer who has had the execution in default of of the same returns that he could find no goods or chattels or no suffici- suficient ent 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 is

Mistress. Ib. s. 21.

First Sche

dule:

Form No. 19: