General provisions with respect to distress warrants

(1) The following provisions shall have effect with respect to the execution of distress warrants issued by the court, namely, (a) a distress warrant shall be executed by or under the direction of a police officer; (b) if the police officer charged with the execution of the warrant is prevented from executing it by the fastening of doors or otherwise, the magistrate may, by writing under his hand indorsed on the warrant, authorise the police officer to use the force necessary to enable him to execute the (c) except so far as the person upon whose goods and chattels the distress is levied otherwise consents in writing, the distress shall be sold at public auction, and three days at least shall intervene between the making of the distress and the sale, but where consent in writing is so given as aforesaid the sale may be made in accordance with the consent; (d) subject as aforesaid, the distress shall be sold within the time fixed by the warrant, and if no time 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 distress, are sooner paid. (2) If any person charged with the execution of any distress warrant wilfully retains from the proceeds of any property sold to satisfy the distress, or otherwise exacts any greater costs or charges than those to which he is for the time being entitled by 41 law, or makes any improper charge, he shall on conviction thereof, be liable to a fine not exceeding fifty dollars. (3) Nothing contained in this subsection shall affect his liability to be prosecuted and punished for extortion. (4) A written account of the costs and charges incurred in respect of the execution of any distress warrant shall as soon as practicable be delivered by the police officer charged with the execution of the warrant to the magistrate, and the person upon whose goods and chattels the distress was levied may, at any time within one month after the making of the distress, inspect the account without fee or reward at any time during office hours, and take a copy thereof. (5) A police officer charged with the execution of any distress warrant shall sell the distress or cause it to be sold, and may deduct out of the amount realised by the sale all costs and charges actually incurred in effecting the sale, and shall pay to the magistrate, or to some person specified by him, the remainder of that amount, in order that it may be applied in payment of the sum for which the warrant was issued and of the proper costs and charges of the execution of the warrant, and any surplus proceeds shall be paid to the person upon whose goods and chattels the distress was levied.