A.D. 1890.
MAGISTRATES.
Magistrate, and to take a copy of such account;
[No. 3.
697
(7.) a constable or other officer charged with the execution of a warrant of distress shall cause the distress to be sold, and may deduct out of the amount realized by the sale all costs and charges actually incurred in effecting the sale, and shall render to the owner the surplus, if any, after retaining the amount for which the warrant was issued and the proper costs and charges of the execution of the warrant; and
(8.) where a person pays or tenders to the constable or other officer charged with the execution of a warrant of distress the sum mentioned in the warrant or produces the receipt for the same of the Magistrate's Clerk, and also pays the amount of the costs and charges of the distress up to the time of such payment or tender, the constable or other officer shall not execute the warrant.
48.-(1.) A Magistrate to whom application is made either to issue a warrant of distress for any sum adjudged to be paid by a conviction or order, or to issue a warrant for committing a person to prison for non-payment of a sum of money adjudged to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient distress to satisfy any such sum, may, if he deems it expedient to do so, postpone the issue of such warrant until such time and on such conditions, if any, as to him may seem just.
(2.) The wearing apparel and bedding of a person and his family, and, to the value of twenty-five dollars, the tools and implements of his trade, shall not be taken under a distress issued by a Magistrate.
No warrant of
Special provisions as to commitment for non-payment of money and as to distress. 42 & 43 Vict. c. 49 s. 21.
(3.) Where, on application made to a Magistrate to issue a warrant for committing a person to prison for non-payment of a sum adjudged to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient distress to satisfy any such sum, it appears to the Magistrate to whom the application is made that, either by payment of part of the said sum, whether in the shape of instalments or otherwise, or by the net proceeds of the distress, the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount adjudged to be paid by the conviction or order, would have subjected the defendant to a maximum term of imprisonment less than the term of imprisonment to which he is liable under such conviction or order, the Magistrate shall, by his warrant of commitment, revoke the term of imprisonment, and order the defendant to be imprisoned for a term not exceeding such less maximum term instead of the term originally mentioned in the conviction or order,
First Schedule: 24 and 59.
Forms Nos.
A.D. 1890.1
MAGISTRATES.
Magistrate, and to take a copy of such account ;
[No. 3.
697
(7.) a constable or other officer charged with the execution of a war- rant of distress shall cause the distress to be sold, and may deduct out of the amount realized by the sale all costs and charges actu- ally incurred in effecting the sale, and shall render to the owner the surplus, if any, after retaining the amount for which the war- rant was issued and the proper costs and charges of the execution of the warrant; and
(8.) where a person pays or tenders to the constable or other officer charged with the execution of a warrant of distress the sum men- tioned in the warrant or produces the receipt for the same of the Magistrate's Clerk, and also pays the amount of the costs and charges of the distress up to the time of such payment or tender, the constable or other officer shall not execute the warrant. 48.-(1.) A Magistrate to whom application is made either to issue a warrant of distress for any sum adjudged to be paid by a conviction or order, or to issue a warrant for committing a person to prison for non-payment of a sum of money adjudged to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of suf- ficient distress to satisfy any such sum, may, if he deems it expedient to do so, postpone the issue of such warrant until such time and on such conditions, if any, as to him may seem just.
(2.) The wearing apparel and bedding of a person and his family, and, to the value of twenty-five dollars, the tools and implements of his trade, shall not be taken under a distress issued by a Magistrate.
Lo warrant of
Special provisions as commitment ment of mo- ney and as to distress. 42 & 43 Viet.
for non-pay.
warrant of
c. 49 s. 21.
(3.) Where, on application made to a Magistrate to issue a warrant ` for committing a person to prison for non-payment of a sum adjudged to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient distress to satisfy any such sum, it appears to the Magistrate to whom the application is made that, either by payment of part of the said sum, whether in the shape of intalments or otherwise, or by the net proceeds of the distress, the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount adjudged to be paid by the conviction or order, would have subjected the defendant to a maximum term of imprisonment less than the term of imprisonment to which he is liable under such conviction or order, the Magistrate shall, by his warrant of commitment, revoke the term of imprisonment, and First Schr- order the defendant to be imprisoned for a term not exceeding such less dule: maximum term instead of the term originally mentioned in the convic- 24 and 59. tion or order,
Forms Nos.
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