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Execution of warrants in cases of summary convictions.
14 & 15 Vict. c. 90.
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32. The manner in which distresses and committals under warrants shall be made shall be as follows:
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1. Whenever any warrant to levy any penal or other sum by distress shall be addressed to the constabulary, the sums levied under it shall be accounted for under the provisions of the Fines Act, Ireland, 1851, but whenever any such warrant shall be addressed to any other person than the constabulary, such person shall pay over the sum levied under it to the person who shall appear by such warrant to be entitled to the same, or in such other manner, and subject to such account of the same, as the justices shall direct:
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2. In every case where a distress shall be made under any such warrant it shall be lawful for the person charged with its execution to sell the said distress within such period as shall be specially fixed by the said warrant, or if no period shall be so fixed, then within the period of three days from the making of the distress, unless the sum for which the warrant was issued, and also the reasonable charges of taking and keeping the said distress, shall be sooner paid; and in every case where he shall sell any such distress, he shall render to the owner the overplus, if any, after retaining the amount of the said sums and charges:
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3. In every case where any person against whom any such warrant shall be issued shall pay or tender to the person having the execution of the same the sum in such warrant mentioned, or shall produce the receipt of the officer of the court for the same, and shall also pay the amount of the expences of such distress up to the time of such payment or tender, such person shall refrain from executing the same:
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4. In every case where any sub-inspector or member of the metropolitan police force shall be empowered to distrain any goods under such warrant, he may and is hereby authorized to sell or cause the same to be sold by auction by any head constable of the said constabulary force, or by any member of the said metropolitan police force, as the case may be, without procuring any licence to act as an auctioneer, and may deduct out of the amount of such sale fill reasonable costs and charges actually incurred ineffecting the same:
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5. In every case where any person who shall be apprehended under any such warrant shall pay or cause to be paid to the keeper of the gaol in which he shall be imprisoned the sum in the warrant mentioned, the said keeper shall receive the same, and [shall thereupon discharge such person if he be in his custody for no other matter:
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6. Whenever the warrant shall be to commit any prisoner to gaol, the head or other constable or other person whose duty it shall be to convey such prisoner to gaol shall deliver over the said warrant and the said prisoner to the keeper of the gaol, who shall thereupon give to such head or other constable or other person a receipt for such prisoner (form F.), setting forth the state and condition in which he shall have been delivered into the custody of such keeper:
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7. In any case of summary jurisdiction in which a justice shall order any person to be committed to gaol for any period either in default of payment of any sum, or in default of distress, or as a punishment for any offence, such committal shall be to the county gaol, district bridewell, or house of correction of the county in which the party shall be arrested, unless where such arrest shall be made in any county adjoining to that in which the warrant shall have been issued, in which case the committal shall be to any of the said prisons of such last-mentioned county; and whenever any justices shall order any person to be committed on account of any adjournment of the hearing, or until the return of a warrant of distress, or for any like temporary purpose, such committal shall be either to the gaol or house of correction, district bridewell, or to any bridewell or lock-up of the county built or supported by county present ment, according as shall appear to the justices most convenient for that purpose.
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