1912_MAGISTRATES_ORDINANCE__1890 — Page 22

506

No. 3 of 1890.

On payment of fine and

expenses distress not to be levied, or party, if imprisoned,

to be dis- charged. [11 & 12 Vict.

c. 43 s. 28.)

*

Provisions

as to war- rants of distress.

[42 & 43 Vict. c. 49 s. 43.]

+

MAGISTRATES.

commence at the expiration of the imprisonment to which the defendant has been previously adjudged or sentenced.

46. In any case where any person against whom a warrant of distress issues as aforesaid pays or tenders to the constable or other officer having the execution of the same the sum mentioned in the warrant, together with the amount of the expenses of the distress up to the time of such payment or tender, he shall cease to execute the same; and in any case where any person is im- prisoned as aforesaid for non-payment of any fine or other sum, he may pay or cause to be paid to the Superintendent of the prison 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 provisions 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 5 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 14 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

* As amended by No. 50 of 1911, No. 1 of 1912 and No. 2 of 1912. † As amended by No. 2 of 1912. By No. 8 of 1912 the provisions of part of No. 28 of 1910 were to have been incorporated as sub-section (9) of this section; but the last named Ordinance was repealed by No. 42 of 1912 before No. 8 of 1912 came into force.

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