the-ordinances-of-the-legislative-counci-1890v2 — Page 608

1198 [ 10 OF 1890. ) MAGISTRATES .


( 8. ) Where a person pays or tenders to the constable or
other officer charged with the execution of a war
rant of distress the sum mentioned in the warrant
or produces the receipt for the same of the Magis
trate's clerk and also pays the amount of the costs
and charges of such distress up to the time of such
payment or tender, the constable or other officer
shall not execute the warrant.
Special pro
vision as to
48. ( 1. ) A Magistrate to whom application is made either
warrants of to issue a warrant of distress for any sum adjudged to be paid
for non - pay by a conviction or order, or to issue a warrant for committing
ment of a person to prison for non-payment of a sum of money adjudged
money
to and,asof to be paid by a cor viction, or in the case of a sum not a civil
distress . debt by an order, or for default of sufficient distress to satisfy
( 42 and 43 V.
C. 49, s. 21.] any such sum , may, if he deem it expedient so to do, postpone
the issue of such warrant until such time and on such conditions,
if any, as to him may seem just.
( 2. ) The wearing apparel and bedding of a person and his
family, and to the value of twenty -five dollars the tools and
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implements of his trade, shall not be taken under a distress
issued by a Magistrate .
( 3. ) Where on application to a Magistrate to issue aa warrant
for committing a person to prison for non-payment of a sum
adjudged to be paid by a conviction or in the case of aa sum not
a civil debt by an order or for default of sufficient distress to
satisfy any such sum , it appears to the Magistrate to whom the
application is made that either by payment of part of the said
sum , whether in the shape of instalments or otherwise, or by
the net proceeds of the distress , the amount of the sum so
adjudged has been reduced to such an extent that the unsatis
fied balance, if it had constituted the original amount adjudged
to be paid by the conviction or order, would have subjected the
defendant to a maximum term of imprisonment less than the term
of imprisonment to which he is liable under such conviction or
order, the Magistrate shall, by his warrant of commitment,
revoke the term of imprisonment, and order the defendant to be
imprisoned for a term not exceeding such less maximum term
instead of the term originally mentioned in the conviction or
order. ( XXIV. , LIX .)
Recognisances, d'c.
Security for 49. In all cases punishable on sumimary conviction the Ma
good
behaviour . gistrate may if he shall so think proper and whether the defendant
[No, 10 of shall be convicted or not order the defendant to enter into a
1844 , s. 22. ]
recognisance with two sufficient sureties for his good behaviour