the-ordinances-of-the-legislative-counci-1890v2 — Page 607

MAGISTRATES . ( 10 of 1890. ) 1197

( 3. ) 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 fourteen 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 said distress
are sooner paid .
(4. ) Subject to any directions to the 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 any person removing any
goods so marked or defacing or removing the said
mark shall on summary conviction be liable to a
fine not exceeding twenty - five dollars .
( 5. ) 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 be liable on
summary conviction to a fine not exceeding twenty
five dollars.
( 6. ) A written account ( L. ) of the costs and charges in
curred in respect of the execution of any warrant
of distress shall be sent by the constable or other
officer charged with the execution of the warrant
as soon as practicable to the Magistrate's clerk ; and
it shall be lawful for the person upon 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.
(7. ) A constable or other 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 such sale all costs and charges actually incurred
in effecting such 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 ,