[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 102

Sitting of court for domestic proceedings.

102.(1) Subject to this section and section 103, where default is made by a
person in paying a sum adjudged to be paid by a conviction or any instalment
of or part of such sum the order of the court may be enforced by the issue of

(a)a warrant of distress for the purpose of levying so much of the sum as
remains unpaid; or

(b)a warrant committing that person to prison;

(c)a warrant committing him to prison in default of sufficient distress.

(2) Where it appears on the return to a warrant of distress that the money and
goods of the defaulter are insufficient to satisfy the sum together with the
costs of levying the sum, the court may issue a warrant of commitment.

(3) Where the court has issued a warrant of commitment in the first instance
in default of payment of the sum and it is found impossible to execute the
warrant, a warrant of distress may be issued.

(4) Where a court has allowed payment of the sum by instalments and default is
made in the payment of any one instalment, a warrant may be issued as if the
default had been made in the payment of all the instalments then unpaid.

(5) The period for which a person may be committed to prison under this
section in default of payment or levy of any sum or part of such sum shall not
exceed the period specified in Schedule 4.

© 1964 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/mcai1964392/s102.html