tained, if at the time and place appointed for the return of the warrant the officer who has the execution of the same, returns that he could find no goods or chattels, or no sufficient goods or chattels, whereon he could levy the sum therein mentioned together with the costs of or occasioned by levying the same, the justice before whom the same is returned may order the defendant to be imprisoned with or without hard labour for a period according to the scale hereinafter prescribed, unless the sum adjudged to be paid and all costs and charges of the execution, and also, if the justice thinks fit so to order, the costs and charges of taking and conveying the defendant to gaol (the amount thereof being ascertained and stated in the warrant of commitment), are sooner paid. As to the scale see s. 174. For forms of statements of costs and warrants of commitment, refer to Schedule III., Forms 58, 59, 62, 63, 64, and 65. Payment by instalments of, or security taken for payment of, money. 164. When by a conviction or order any sum or costs is or are adjudged to be paid the justices may do all or any of the following things, namely: (1) Allow time for the payment of the sum or costs; (2) Direct payment of the sum or costs to be made by instalments; (3) Direct that the person liable to pay the sum or costs shall be at liberty to give, to the satisfaction of such person as shall be specified by the justices, security, with or without a surety or sureties, for the payment of the sum or costs, or of any instalment thereof, and such security may be given and enforced in manner provided by this Act. When a sum or costs is or are directed to be paid by instalments and default is made in the payment of any one instalment the same proceedings may be taken as if the original conviction or order had adjudged the payment of all the instalments then remaining unpaid and default had been made therein. The justices directing the payment of a sum or costs or of an instalment of a sum or costs may direct such payment to be made at such time or times, and in such place or places, and to such person or persons, as may be specified; and every person to whom any such sum or costs or instalment is or are paid, if he is not the clerk of petty sessions, shall as soon as may be pay over or account for the same to the clerk of petty sessions. Commitment for non-payment of a penalty or a sum ordered to be paid. 165. When the Act by virtue of which a conviction or order for a penalty or compensation or for the payment of a sum of money or costs is made makes no provision for such penalty or compensation or sum or costs being levied by distress or execution, but directs that if the same is not paid forthwith or within a certain time therein mentioned or to be mentioned in the conviction or order the defendant shall be imprisoned with or without hard labour for a certain time unless such penalty, compensation, or sum or costs is or are sooner paid, then such penalty, compensation, or sum or costs shall not be levied by execution, but if the defendant does not pay the same forthwith or at the time and in the manner specified in the conviction or order for payment thereof, the justices making the conviction or order, or any other justice, may order the defendant to be imprisoned with or without hard labour for a period according to the scale hereinafter prescribed, unless the sum and costs (if any), or the costs, adjudged to be paid, and also, if the justices think fit so to order, the costs and charges of taking and conveying the defendant to gaol (the amount thereof being ascertained and stated in the warrant of commitment), are sooner paid. As to the scale see s. 174. For forms of warrants of commitment see Schedule III. Commitment in other cases. 166. When an order is not for the payment of money but for the doing of some other act, and directs that in case of the defendant's neglect or refusal to do such act he shall be imprisoned with or without hard labour, then, if the defendant neglects or refuses to do such act, the justices making such order, or some other justice, may order the defendant to be imprisoned with or without hard labour, as the case may be, for such time as the justices making the order directed. For form of warrant of commitment see Schedule III., Form 60. Immediate Execution. Commitment of defendant where execution would be ruinous. 167. If it appears to the justices to whom application is made for a warrant of execution that the issuing thereof would be ruinous or injurious to the person against whom it is sought or his family, or if it appears to such justices by the confession of the person against whom it is sought or otherwise that he has no goods or chattels whereon to levy the penalty, or sum, or costs, then such justices, instead of issuing a warrant of execution, may order such person to be imprisoned, with or without hard labour, for a period according to the scale hereinafter prescribed, unless the sum and costs (if any), or the costs, adjudged to be paid, and also, if the justices think fit so to order, the costs and charges of taking and conveying the defendant to gaol (the amount thereof being ascertained and stated in the warrant of commitment), are sooner paid. As to the scale see s. 174. For forms see notes to Forms 33, 35, 38, and 41, in Schedule III. Satisfaction of Execution by Payment. 168. When a person is imprisoned for non-payment of a penalty, compensation, or sum of money, or costs, he may pay to the keeper of the gaol in which he is imprisoned the sum in the warrant of commitment mentioned, together with the amount of the costs, charges, and expenses (if any) therein also mentioned, and the said keeper shall receive the same, and shall thereupon discharge such person if he is in his custody for no other matter, and shall forthwith pay the sum so received to the clerk of petty sessions. As to accounts of keeper of gaol see s. 176 and Schedule IV. Payment under Execution. To whom payments to be made. 169. In every warrant of execution the person to whom it is directed shall be thereby ordered to pay the amount of the sum and costs to be levied thereunder to the clerk of petty sessions, and if any person convicted of any penalty or ordered by justices to pay any sum of money or costs pays the same to any other person, such other person shall forthwith pay the same to such clerk of petty sessions. For forms of warrants of executions see Schedule III., Forms 44 to 50. Backing of Warrants of Execution. Backing of warrants of execution. 170. If after delivery of a warrant of execution to the officer to whom the same has been directed to be executed, sufficient goods and chattels are not found within the limits of the jurisdiction of the justice granting the warrant, then upon proof being made on oath of the handwriting of such justice before any justice of any other jurisdiction, such last-mentioned justice shall thereupon make an endorsement on the warrant, signed with his hand, authorising the execution of the warrant within the limits of his jurisdiction. For general form of endorsement see Schedule III., Form 15. Effect thereof. 171. By virtue of such warrant and endorsement the sum therein mentioned as payable, and costs, or so much thereof as has not been before levied or paid, shall and may be levied by the person bringing such warrant or by the person to whom it was originally directed, or by any police officer in such last-mentioned jurisdiction, by execution against the goods and chattels of the person against whom it is issued in such other jurisdiction or place. Mode of Execution. Procedure on execution. 172. With respect to warrants of execution issued by justices, the following provisions shall have effect:(1) The warrant shall be executed by seizure and sale of the goods and chattels of the person against whom the warrant is issued, and shall be executed by or under the direction of a police officer. (2) Except so far as the person against whom the (3) Subject as aforesaid, the goods and chattels |