696
Regulations
as to warrants of distress.
42 & 43 Vict. c. 49 s. 43.
First Schedule:
Form No. 5).
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
imprisoned the sum mentioned in the warrant of commitment, together with the amount of the costs therein mentioned, and the Superintendent shall receive the same, and shall thereupon discharge such person, if he is 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 distress 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 fourteen days from the date of the making of the distress, unless the sum for which the warrant was issued, and also the charges of taking and keeping the 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, sufficient 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 produce 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 entitled by law or makes any improper charge, he shall, on summary conviction, be liable to a fine not exceeding twenty-five dollars;
(6.) A written account 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 on 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
696
Regulations
as to warrants of distress.
42 & 43 Pict. c. 49 s. 43.
First Sche. dule:
Form No. 5).
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
imprisoned the sum mentioned in the warrant of commitment, together with the amount of the costs therein mentioned, and the Superintend- ent shall receive the same, and shall thereupon discharge such person, if he is 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 distress is levied otherwise consents, the distress shall be sold by publie auction, and live 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 fourteen days from the date of the making of the distress, unless the sum for which the warrant was issued, and also the charges of taking and keeping the 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, sufficient to satisfy the distress by aflixing to the articles impounded a conspic- uous 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 produce 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 entitled by law or makes any improper charge, he shall, on summary conviction, be liable to a fine not exceeding twenty-five dollars;
(6.) a written account of the costs and charges incurred in respect of the execution of any warrant of distress shall be sent by the con- stable or other officer charged with the execution of the warrant as soon as practicable to the Magistrate's Clerk; and it shall be law- ful for the person on 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
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