Distress warrant

(1) Any sum of money adjudged to be paid by an order shall, if the statute on which the order is founded so directs, but subject to the provisions of subsections (2), (3) and (4) of this section and may, in the discretion of the court in other cases, be levied upon the goods and chattels of the defendant by distress and sale thereof. (2) In that case the court shall, but subject as aforesaid, or may, as the case may be, issue its warrant of distress for the purpose of levying the sum, and the warrant shall be in writing and shall be signed by the magistrate of the court. (3) A court may, if, when application is made to it to issue a distress warrant, it appears, (a) that the defendant has no personal property whereon to levy the distress; or (b) that in the event of a distress warrant being issued his goods and chattels will be insufficient to satisfy the sum of money adjudged to be paid by the order; or 39 (c) that the levy of the distress will be more injurious to him or his family than instead of issuing a distress warrant, order the defendant, on non- payment of the sum, to be imprisoned for any term not exceeding the term prescribed by section 55 in respect of a like sum in the scale of imprisonment in default of payment of sums of money adjudged to be paid by orders. (4) The wearing apparel and bedding of a person and his family, and to the value of twenty-five dollars the tools and implements of his trade, shall not be taken under a distress warrant issued by a court.