1964_MAGISTRATES_ORDINANCE — Page 39

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38

CAP. 227]

Magistrates

[1988 Ed.

Provisions as to warrants of distress

59. The following provisions shall apply with respect to warrants of distress issued by a magistrate under this Ordinance—

(a) a warrant of distress shall be executed by or under the direction of a police officer or other officer;

(b) 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;

(c) 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;

(d) subject to any directions to be 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 satisfy the distress, by affixing to the articles impounded a conspicuous mark; and every person removing any goods so marked or defacing or removing the said mark shall upon summary conviction be liable to a fine of $100; (Amended, 22 of 1950, Schedule)

(e) where a person charged with the execution of a warrant of distress wilfully retains from the produce of any goods sold to satisfy the distress or otherwise exacts any greater costs and charges than those to which he is for the time being entitled by law or makes any improper charge, he shall upon summary conviction be liable to a fine of $100; (Amended, 22 of 1950, Schedule)

(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 1 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; (See Form 58)

(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 realized 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


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38 CAP. 227] Magistrates [1988 Ed. Provisions as to warrants of distress 59. The following provisions shall apply with respect to warrants of distress issued by a magistrate under this Ordinance— (a) a warrant of distress shall be executed by or under the direction of a police officer or other officer; (b) 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; (c) 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; (d) subject to any directions to be 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 satisfy the distress, by affixing to the articles impounded a conspicuous mark; and every person removing any goods so marked or defacing or removing the said mark shall upon summary conviction be liable to a fine of $100; (Amended, 22 of 1950, Schedule) (e) where a person charged with the execution of a warrant of distress wilfully retains from the produce of any goods sold to satisfy the distress or otherwise exacts any greater costs and charges than those to which he is for the time being entitled by law or makes any improper charge, he shall upon summary conviction be liable to a fine of $100; (Amended, 22 of 1950, Schedule) (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 1 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; (See Form 58) (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 realized 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 C
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38 CAP. 227] Magistrates [1988 Ed. Provisions as to warrants of distress 59. The following provisions shall apply with respect to warrants of distress issued by a magistrate under this Ordinance— (a) a warrant of distress shall be executed by or under the direction of a police officer or other officer; (b) 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; (c) 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; (d) subject to any directions to be 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 satisfy the distress, by affixing to the articles impounded a conspicuous mark; and every person removing any goods so marked or defacing or removing the said mark shall upon summary conviction be liable to a fine of $100; (Amended, 22 of 1950, Schedule) (e) where a person charged with the execution of a warrant of distress wilfully retains from the produce of any goods sold to satisfy the distress or otherwise exacts any greater costs and charges than those to which he is for the time being entitled by law or makes any improper charge, he shall upon summary conviction be liable to a fine of $100; (Amended, 22 of 1950, Schedule) (ƒ) 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 1 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; (See Form 58) (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 realized 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 > C )
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38

CAP. 227]

Magistrates

[1988 Ed.

Provisions as to warrants of distress

59. The following provisions shall apply with respect to warrants of distress issued by a magistrate under this Ordinance—

(a) a warrant of distress shall be executed by or under the direction of a

police officer or other officer;

(b) 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;

(c) 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;

(d) subject to any directions to be 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 satisfy the distress, by affixing to the articles impounded a conspicuous mark; and every person removing any goods so marked or defacing or removing the said mark shall upon summary conviction be liable to a fine of $100; (Amended, 22 of 1950, Schedule)

(e) where a person charged with the execution of a warrant of distress wilfully retains from the produce of any goods sold to satisfy the distress or otherwise exacts any greater costs and charges than those to which he is for the time being entitled by law or makes any improper charge, he shall upon summary conviction be liable to a fine of $100; (Amended, 22 of 1950, Schedule)

(ƒ) 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 1 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; (See Form 58)

(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 realized 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

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