MAGISTRATES.
No. 3 of 1890.
465
the amount for which the warrant was issued and the proper costs and charges of the execution of the warrant;
(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 magistrates' 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; and
(9) where a claim is made to or in respect of property taken in execution under this section by any person other than the party against whom such execution issued, such claim shall be heard and determined by the magistrate upon a summons calling before him as well such claimant as the party on whose behalf such execution issued and the decision of the magistrate upon such claim shall be final.
to warrant of payment
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 commitment 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.
(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
warrant of
42 & 43 Vict. c. 49, s. 21.
Le
Le
Le
La
1e
he
er
ne
all
in
be
he
he
on
ter
fee
Lon
Id
all
MAGISTRATES.
No. 3 of 1890.
465
the amount for which the warrant was issued and the proper costs and charges of the execution of the warrant;
(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 magistrates' 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; and
(9) where a claim is made to or in respect of property taken in execution under this section by any person other than the party against whom such execution issued, such claim shall be heard and determined by the magistrate upon a summons calling before him as well such claimant as the party on whose behalf such execution issued and the decision of the magistrate upon such claim shall be final.
to warrant of
payment
48. (1) A magistrate to whom application is made either Special to issue a warrant of distress for any sum adjudged to be provisions as paid by a conviction or order, or to issue a warrant for commitment committing a person to prison for non-payment of a sum of for non- money adjudged to be paid by a conviction or, in the case of of money a sum not a civil debt, by an order, or for default of sufficient and as to distress to satisfy any such sum, may, if he deems it distress. expedient to do so, postpone the issue of such warrant until 42 & 43 Vict. 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.
(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
warrant of
c. 49, s. 21.
No comments yet.
Private notes are available after approval.