1988 Ed.]
Magistrates
[CAP. 227
35
Warrant of distress
Distress and committal warrants
51. Where a conviction adjudges a fine to be paid or where an order requires the payment of a sum of money and by the enactment authorizing such conviction or order such fine or sum of money is to be levied on the goods and chattels of the defendant by distress and sale thereof, and also in cases where by the enactment 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 writing under his hand and seal: (See Forms 21, 30, 48, 49)
Provided 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 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. (See Form 69)
(Amended, 30 of 1958, Schedule) [cf. U.K. 1848 c. 43, s. 19]
Allowing defendant to go at large until return
made to warrant, etc.
52. 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: (See Forms 64, 65)
Provided 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.
[cf. U.K. 1848 c. 43, s. 20]
Commitment in default of sufficient distress
53. If at the time and place appointed for the return of any such warrant of distress the police officer or other officer who has had the execution of the same returns that he could find no goods 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
1988 Ed.]
Magistrates
[CAP. 227
35
Warrant of distress
Distress and committal warrants
51. Where a conviction adjudges a fine to be paid or where an order requires the payment of a sum of money and by the enactment authorizing such conviction or order such fine or sum of money is to be levied on the goods and chattels of the defendant by distress and sale thereof, and also in cases where by the enactment 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 writing under his hand and seal: (See Forms 21, 30, 48, 49)
Provided 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 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. (See Form 69)
(Amended, 30 of 1958, Schedule) [cf. U.K. 1848 c. 43, s. 19]
Allowing defendant to go at large until return
made to warrant, etc.
52. 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: (See Forms 64, 65)
Provided 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.
[cf. U.K. 1848 c. 43, s. 20]
Commitment in default of sufficient distress
53. If at the time and place appointed for the return of any such warrant of distress the police officer or other officer who has had the execution of the same returns that he could find no goods 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
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