MAGISTRATES.
No. 3 of 1890.
503
forms 40-41.
ment 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 shall be in 1st schedule: writing under his hand and seal: Provided always that whenever it appears to the Magistrate to whom application is made for any such warrant 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 goods or chattels whereon to levy the distress or whenever in the opinion of the Magistrate it is inexpedient to issue such warrant, then and in every such case it shall be lawful for the Magistrate, 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 had issued and no goods or chattels could be found whereon to levy such fine or sum and costs aforesaid.
defendant to until return go at large made to warrant, etc.
[11 & 12 Viet. form 51. c. 43 s. 20.]
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, unless the defendant gives sufficient security, by recognizance or otherwise, to the satisfaction of the Magistrate, for his appearance before a Magistrate at the time and place appointed for the return of the warrant: Provided always that in any case where a defendant gives security by recognizance as aforesaid, and does not afterwards appear at the time and place mentioned therein, the Magistrate then present may forthwith declare the same to be estreated in manner hereinafter provided.
[ib. s. 21.]
41. If, at the time and place appointed for the return of any warrant of distress, the constable or other officer who has had the execution of the same returns that he could find no goods sufficient or chattels or no sufficient 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 returned to issue his warrant of commitment under his hand and seal, directed to the same or any other constable or other officer, reciting the conviction or order
*As amended by No. 1 of 1912 and No. 2 of 1912,
† As amended by No. 22 of 1912,
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MAGISTRATES.
No. 3 of 1890.
503
forms 40-41.
ment 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 shall be in 1st schedule: writing under his hand and seal: Provided always that whenever it appears to the Magistrate to whom application is made for any such warrant 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 goods or chattels whereon to levy the distress or whenever in the opinion of the Magistrate it is inexpedient to issue such warrant, then and in every such case it shall be lawful for the Magistrate, 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 had issued and no goods or chattels could be found whereon to levy such fine or sum and costs aforesaid.
defendant to
until return go at large
made to warrant, etc.
[11 & 12 Viet. form 51. c. 43 s. 20.]
40. Where a Magistrate issues any such warrant of distress it Allowing 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, unless the defendant gives sufficient security, by recogniz- ance or otherwise, to the satisfaction of the Magistrate, for his appearance before a Magistrate at the time and place appointed for the return of the warrant: Provided always that in any case where a defendant gives security by recognizance as aforesaid, and does not afterwards appear at the time and place mentioned therein, the Magistrate then present may forthwith declare the same to be estreated in manner hereinafter provided.
*
ment in default of
[ib. s. 21.]
distress.
+
41. If, at the time and place appointed for the return of any Commit such warrant of distress, the constable or other officer who has had the execution of the same returns that he could find no goods sufficient or chattels or no sufficient 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 form 49. Magistrate before whom the same is returned to issue his warrant form 53. of commitment under his hand and seal, directed to the same or any other constable or other officer, reciting the conviction or order
*As amended by No. 1 of 1912 and No. 2 of 1912,
† As amended by No. 22 of 1912,
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