(2) A warrant for seizure and sale of the movable property of an offender shall be
addressed to a Magistrate within the local limits of whose jurisdiction it is to be
executed. When execution is to be enforced by attachment of debts or by sale of
immovable property, the warrant shall be sent for execution to any Civil Court
competent to execute decrees for the payment of money in civil suits and such Court
shall follow the procedure in force for the execution of such decrees and shall out of
the proceeds of the execution pay the costs thereof and retain and ad valorem fee of
five per centum.
NOTE : For forms of warrant see schedule 111,41 and 42.
268.
Who May Issue Warrant.
Subject to the provisions of section 264 a warrant for the execution of any sentence or
other order of a Criminal Court may be issued by the Magistrate who, or the presiding
Magistrate of the Court which, passed such sentence or order or by his successor in
office, provided that, if in any case it is not possible without delay or inconvenience for a
warrant to be issued as aforesaid, the warrant may be issued by the County Court Judge,
High Court or the Court of Appeal.
269.
Powers of Court when Offender Sentenced to Fine Only.
(1)
When an offender has been sentenced to a fine only with or without a sentence of
imprisonment in default of payment of the fine, the Court or any person
authorized by section 268 to issue a warrant may exercise all or any of the
following powers, that is to say:-
(a)
(b)
(c)
(d)
allow time for payment of the fine;
direct that the fine be paid by installments;
postpone the issue of a warrant under section 267;
without postponing the issue of a warrant under section 267, postpone the sale of any
property seized under such warrant;
(e) postpone the execution of sentence of imprisonment in default of payment of the fine.
Any order made in the exercise of such powers may be made subject to the offender
giving such security as the authority making the order thinks fit by means of a bond with
or without sureties, and such bond may be conditioned either for the payment of the fine
in accordance with the order or for the appearance of the offender as required in the bond
or both.
(2)
In like manner the Court or any person authorized as aforesaid may order that the
execution of the sentence of imprisonment upon an offender who has been
committed to prison in default of payment of a fine be suspended and that he be
released but only subject to the offender giving security as set forth in subsection
(1).
90
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