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When the train got to Huntsville, the prison authorities refused to admit him as there was no committal warrant.
I do not think that this did occur, there being confusion between the committal warrant and the committal order.
First, the committal order was not served on Mr. Butler within 36 hours after the execution of the committal warrant.
The judge signed the committal warrant and the police conveyed Mr. Butler to prison, giving the warrant to the governor.
Before any committal warrant is issued, the magistrates court must hold a means inquiry, and it is only following that that a warrant can be issued.
Under the rates, the only means of enforcement available were to distrain and sell the ratepayer's goods in order to discharge the debt or, if insufficient goods were found, to apply for a committal warrant.
The President signed the committal warrant which was given to the tipstaff as his authority for conveying M. to prison and the governor's authority for receiving and detaining M. The drawing up of the formal order that M. be committed to prison was left to the court staff.
The committal warrant was signed by the judge but the contemnor complained that, contrary to Ord. 29, r. 1(5) of the County Court Rules 1981, no copy of the committal order had been served on him and that in any event the order had been drawn on the wrong county court form.