the-ordinances-of-the-legislative-counci-1890v2 — Page 604

1194 [ 10 OF 1890. ] MAGISTRATES .

After warrant
Magistrate
40. Where a Magistrate shall issue any such warrant of
may allow distress it shall be lawful for him to suffer the defendant to go
defendant to
go at large
at large, or by a written warrant in that behalf, ( Liv. ) or
until return
made to
verbally to order the defendant to be kept and detained in safe
warrant. custody until return shall be made to such warrant of distress,
( 11 & 12 V. unless such defendant shall give sufficient security, by recog .
c. 43, s. 20.]
nisance or otherwise, to the satisfaction of such Magistrate, for
his appearance before a Magistrate at the time and place
appointed for the return of such warrant of distress: provided
always, that in all cases where a defendant shall give security
by recognisance as aforesaid, and shall not afterwards appear at
the time and place in such recognisance mentioned , then the
Magistrate then present may forth with declare the same to be
estreated in inanner hereinafter provided.
In default of 41. If at the time and place appointed for the return of any
sufficient
distress, such warrant of distress the constable or other officer who shall
defendant
may be have had the execution of the same, shall return ( xlix . ) that
committed to he could find no goods or chattels or no sufficient goods or
prison. chattels whereon he could levy the sum or sums therein men
( 11 & 12 V. c.
43, s. 21.] tioned , together with the costs of or occasioned by the levying
of the same it shall be lawful for the Magistrate before whom
the same shall be returned to issue his warrant of commitment
( LII .) under his hand and seal, directed to the same or any
other constable or other officer, reciting the conviction or order
shortly, the issuing of the warrant of distress, and the return
thereto, and requiring such constable or other officer to convey
such defendant to prison, and there to deliver him to the
Superintendent thereof, and requiring such Superintendent to
receive the defendant and to imprison hiin , or to imprison him
and keep him to hard labour, in such manner and for such time
as shall have been directed and appointed by the ordinance or
statute on which the conviction or order mentioned in such
warrant of distress was founded, unless the sum or suins
adjudged to be paid, and all costs and charges of the distress,
( the amount thereof being ascertained and stated in such
commitment ), shall be sooner paid.
Where no 42. Whenever it shall be returned to a warrant of distress
remedy or
punishment in issued for the recovery of a fine or sum of money ordered to be
default of
distress com paid under a conviction or order that no sufficient goods of the
mitmentmay party against whom such warrant shall have been issued can be
be ordered
(11 & 124.c.
V. found, and by the ordinance or statute under the provisions of
43 , s. 22.] which such conviction or order was made, no further remedy
or punishment is provided for the non -payment of such fine or
sum of money , it shall nevertheless be lawful for a Magistrate
if he shall think fit, by his warrant (LIII. ) as aforesaid, to
commit the defendant to prison with or without hard labour