the-ordinances-of-the-legislative-counci-1890v2 — Page 606

1196 [ 10 of 1890. ) MAGISTRATES .


shall think fit, be levied by warrant of distress ( XLII., XLIII.)
in manner aforesaid, and in default of distress the defendant
may, if such Magistrate shall think fit, be also committed to
prison ( LVIII. ) there to be kept for any time not exceeding one
calendar month with or without hard labour to commence at
the termination of the imprisonment he shall then be undergoing,
unless such sum for costs , and all costs and charges of the said
distress shall be sooner paid .
Subsequent 45. Where a Magistrate shall upon any complaint or inform
Commitment
( 11 & 12 V.
. ation as aforesaid adjudge the defendantto be imprisoned, and
C. 43, s. 25. ] such defendant shall then be in prison undergoing imprisonment
upon a conviction for any otlier offence the warrant of commit
ment for such subsequent offence shall in every such case be
forthwith delivered to the gaoler to whom the same shall be
directed : and it shall be lawful for the Magistrate issuing the
same, if he shall think fit, to award and order therein and
thereby that the imprisonment for such subsequent offence shall
commence at the expiration of the imprisonment to which such
defendant shall have been previously adjudged or sentenced .
On payment
of fine and
46. In all cases where any person against whom a warrant
expenses of distress shall issue as aforesaid shall pay or tender to the
distress not
be levied or to constable or other officer having the execution of the same the
the party if sum or sums in such warrant mentioned , together with the
imprisoned
on payment to amount of the expenses of such distress up to the time of such
be discharged. payment or tender, such constable or other officer shall cease
( 11 & 12 V.
c. 43, s. 28. ] to execute the same ; and in all cases in which any person shall
be imprisoned as aforesaid for non -payment of any fine or other
sum he may pay or cause to be paid to the Superintendent of
the prison in which he shall be so imprisoned the sum in the
warrant of commitment mentioned, together with the amount
of the costs therein mentioned , and the said Superintendent
shall receive the same, and shall thereupon discharge such
person, if he be in his custody for no other matter.
Procedure on
execution of 47. The following regulations shall apply with respect
warrants of to warrants of distress issued by a Magistrate under this
distress. ordinance :
( 42 & 43 v.
c. 49, s. 43. ] ( 1. ) A warrant of distress shall be executed by or under
the direction of a constable or other officer.
( 2. ) Save in so far as the person against whom the distress
is levied otherwise consents , the distress shall be
sold by public auction and five 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 .