Magistrates.
[CAP. 227
Form 50.
(f) a written account of the costs and charges incurred in respect of the execution of any warrant of distress shall be sent by the officer charged with the execution of the warrant as soon as practicable to the magistrates' clerk; and it shall be lawful for the person on whose goods the distress was levied, within one month after the levy of the distress, to inspect such account without fee or reward, at any reasonable time to be appointed by a magistrate, and to take a copy of such account;
(g) an officer charged with the execution of a warrant of distress shall cause the distress to be sold, and may deduct out of the amount realised 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;
(h) where a person pays or tenders to the 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 officer shall not execute the warrant; and
(i) 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. [53
Special provisions as to commitment for non-payment of money and of warrant of distress.
59. (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 warrant. 42 & 43 Vict. c. 49, s. 21.
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263
A
Magistrates.
[CAP. 227
Form 50.
(f) a written account of the costs and charges incurred Rules. in respect of the execution of any warrant of distress shall be sent by the officer charged with the execution of the warrant as soon as practicable to the magistrates' clerk; and it shall be lawful for the person on whose goods the distress was levied, within one month after the levy of the distress, to inspect such account without fee or reward, at any reasonable time to be appointed by a magistrate, and to take a copy of such account;
(g) an officer charged with the execution of a warrant of distress shall cause the distress to be sold, and may deduct out of the amount realised by the sale all costs and charges actually incurred in effecting the sale, and shall render to the owner the sur- plus, if any, after retaining the amount for which the warrant was issued and the proper costs and charges of the execution of the warrant;
(h) where a person pays or tenders to the 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 officer shall not execute the warrant; and
(i) 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. [53
Special
provisions as
commitment
payment of
59. (1) A magistrate to whom application is made either to issue a warrant of distress for any sum adjudged to warrant of to be paid by a conviction or order, or to issue a warrant for non- 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
money and of distress. 42 & 43 Vict.
as to warrant
c. 49, s. 21.
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263
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