144
THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.
or counsel), and it being now satisfactorily proved on (oath) that the defendant has been duly served with the summons in this behalf which required him to be and appear here at this day before such Magistrate of the said Colony as should now be here, to answer the said complaint, and to be further dealt with according to law, and now, having heard the matter of the said complaint, it is adjudged that the defendant (do pay to the said A.B. the sum of forthwith, or, on or before
next, or as the Statute or Ordinance may require), and also do pay to the said A.B. the sum of for his costs in this behalf, and if the said several sums be not paid forthwith (or on or before
next), it is hereby ordered that the same be levied by distress and sale of the defendant's goods and chattels and in default of sufficient distress in that behalf * it is adjudged that the defendant be imprisoned in the Victoria Gaol, in the said Colony, and there kept to hard labour for the space of
unless the said several sums and all costs
5
and charges of the said distress shall be sooner paid.
*
* or when the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress then instead of the words between the asterisks, say, "then inasmuch as it hath now been made to appear to me that the issuing of a warrant of distress would be ruinous to the defendant and his family "or "that the defendant hath no goods or chattels whereon to levy the said sums by distress."
[Seal.]
(Signed),
A Magistrate, &c.
FORM XXIV.
Order for any Matter (other than the Payment of a Civil Debt} where Disobedience to the Order is punishable by Imprison- ̧
ment.-(Sec. 48.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG.
Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said Police Court.
The
day of
18
at
A.B. having made a complaint that C.D. (hereinafter called the defendant) on the
day of
(state the facts entitling the complainant to the order), and the defendant having appeared (or the defendant not having appeared, but proof having been given that the defendant was duly summoned to appear), and on hearing the matter of the complaint, it is this day adjudged and ordered by me, the undersigned a Magistrate of this Colony that the defendant do (state the matter required to be done).
And if on a copy of a minute of this order being served on the de- fendant, either personally or by leaving it for him at this last or usual abode, he neglects or refuses to obey this order, then it is adjudged that the defendant for such his disobedience be imprisoned in the Victoria Gaol at Hongkong as aforesaid (there to be kept to hard labour), for the space of
unless the said order be sooner obeyed (if the Statute or Ordinance authorises this).
And it is also adjudged and ordered that the defendant pay to the complainant the sum of
for costs forthwith (or on the or by instalments, &c.)
day of And if default is made in payment according to this adjudication and order, it is ordered that the sum due thereunder be levied by dis- tress and sale of the defendant's goods.
And in default of sufficient distress, it is adjudged that the de- fendant be imprisoned in the said Gaol, there to be kept to hard labour (if so adjudged) for the space of
to commence at and from the termination of his imprisonment aforesaid, unless the said sum, and all costs and charges of the said distress be sooner paid.
1
(Signed),
A Magistrate, &c.
FORM XXV.
[Seal.]
Order of Dismissal of an information or complaint.—(Sec. 15.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG,
Before J. P., Esquire, a Magistrate of the said Colony, sitting at the said Police Court.
18
The
day of Information was laid (or complaint was made) before the undersigned for that &c. (as in the summons to the defendant), and both the said parties having appeared before me in order that I should hear and determine the said information (or complaint), (or the defendant having appeared before me, but the said A.B. although duly called, not having appeared); and the matter of the said information (or com- plaint) being by me duly considered it manifestly appears to me that the said information (or complaint) is not proved, and, it is therefore dismissed and it is adjudged that the said A.B. do pay to the defendant the sum of
for his costs incurred by him in
his defence in this behalf, and if the said sum for costs be not paid forthwith (or on or before the
). It is ordered that the same be levied by distress and sale of the defendant's goods and chattels and in default of sufficient distress in that behulf it is adjudged that the defendant be imprisoned in the Victoria Gaol in the said Colony (and there kept to hard labour) for the space of
unless the said sum for costs, and all costs and charges of the said distress shall be sooner paid.
}
(Signed),
A Magistrate, &c.
[Seal.]