1912_MAGISTRATES_ORDINANCE__1890 — Page 20

504

No. 3 of 1890.

Commit-

ment of de-

fendant where no remedy or punishment

in default of sufficient distress

MAGISTRATES.

shortly, the issuing of the warrant of distress, and the return thereto, and requiring such constable or other officer to convey the defendant to prison, and there to deliver him to the Superintendent thereof, and requiring such Superintendent to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, in such manner and for such time as the enactment on which the conviction or order mentioned in the warrant of distress is founded directs, unless the sum or sums adjudged to be paid, and all costs and charges of the distress, (the amount thereof being ascertained and stated in the commitment), shall be sooner paid.

42. Whenever it is returned to a warrant of distress issued for the recovery of a fine or sum of money ordered to be paid under a conviction or order that no sufficient goods of the party against whom such warrant has been issued can be found, and by the enactment under the provisions of which such conviction or order was made no further remedy or punishment is provided for the [11 & 12 Vict. non-payment of such fine or sum of money, it shall nevertheless be c. 43 s. 22.] 1st schedule: lawful for a Magistrate, if he thinks fit, by his warrant as aforesaid, to commit the defendant to prison, with or without hard labour, for such period as may be in accordance with the scale provided by section 57, unless the fine or sum adjudged to be paid, and all costs and charges of the distress, (the amount thereof being ascertained and stated in the commitment), shall be sooner paid.

form 53.

Commit- ment of de- fendant in

first instance. [ib. s. 23.]

+

forms 51-52.

43. Where the enactment by virtue of which a conviction for a fine or an order for the payment of money is made makes no provision for such fine or sum being levied by distress, but directs that if the same be not paid forthwith or within a certain time therein mentioned or to be mentioned in the conviction or order, the defendant shall be imprisoned, or imprisoned and kept to hard labour, for a certain time, unless such fine or sum shall be sooner paid, in every such case such fine or sum shall not be levied by distress; but if the defendant does not pay the same, together with costs, if awarded, forthwith, or at the time specified in the conviction or order for the payment of the same, it shall be lawful for a Magistrate to issue his warrant of commitment under his hand and seal, requiring the constable to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Superintendent thereof, and requiring such Superintendent

As amended by No. 22 of 1912.

As amended by No. 50 of 1911 and No. 22 of 1912.

to

3

tl

SE

SC

fi

a 95

to

bi

de

or

ne

giş

ré

St

rec

ke Or

af

for

or i

Wai

the

any

to

the

of t

4

afor

defe

viet

subs

to t

for 1 ther

Page 20Page 21