150
THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.
FORM XLIII,
Warrant of Distress for costs upon an order where the disobeying
of the order is punishable with imprisonment.—(Sec. 44.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG.
To each and all of the Constables of the said Colony.
On
complaint was made before the undersigned (or ' J... Esquire,) a Magistrate of the said Colony, for that (&c., as in the
at order), and on the day of
the said parties having appeared before me, (or the said J.P., Esquire, or as it may be in the order), upon consideration of the matter of the said complaint, it was adjudged that the defendant do (&c., as in the order); and that if upon a copy of the minute of that order being served upon the defendant either personally or by leaving the same for him at his last or mest usual abode, he should neglect or refuse to obey the same it was adjudged that in such case the defendant for such his dis- obedience should be imprisoned in the Victoria Gaol in the said Colony (and there kept to hard labour) for the space of (unless the said order should be sooner obeyed) and it was thereby also adjudged that the defendant should pay to the said C.D. the sum of
for his costs in that behalf; and it was ordered that
for
if the said sum for costs should not be paid (forthwith) the same, should be levied of the defendant's goods and chattels and in de fault of sufficient distress in that behalf it was thereby adjudged that the defendant should be imprisoned in the said Gaol (and there kept to hard labour) for the space of
to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs, and all costs and charges of the said distress, should be sooner paid; and whereas after the making of the said order a copy of the minute thereof was duly served upon the defendant, but he did not then pay, nor hath he paid the said sum of costs or any part thereof, but therein hath made default. These are therefore to command you, in Her Majesty's name, forthwith to make distress of the defendant's goods and chattels, and if within the space of
days next after the making of such distress the said last-mentioned sum, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale to the Magistrate's clerk, that he may pay the same as by law directed, and may render the overplus, if any, on demand, to the defendant and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein as to the law doth appertain.
Dated the
day of
(Signed),
A Magistrate, &c.
18
[Scal.].
FORM XLIV.
Warrant of Distress for costs upon an order for dismissal of an information or complaint.-(Sec. 59.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG.
To each and all of the Constables of the said Colony.
On the
day of
at
information was laid (or complaint was made) before the undersigned (or J.P., Esquire,) a Ma- gistrate of the said Colony for that (&c., as in the order of dismissal) and afterwards on
both parties having ap- .peared before me (or the said J.P., Esquire,) and the case having been duly heard and considered, and the said information (or complaint) not having been proved, it was therefore dismissed and it was adjudged that the said C.D. should pay to the defendant the sum of for his costs incurred by him in his defence in that behalf; and it was ordered that if the said sum for costs should not be paid (forthwith) the same should be levied of the goods and chattels of the said C.D. and it was adjudged that in default of sufficient distress in that behalf the said C.D. should 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 should be sooner paid and the said C.D. having now made default in the payment of the said sum for costs, and any part thereof. These are therefore to command you, in Her Majesty's name, forthwith to make distress of the goods and chattels of the said C.D., and if, within the space of
days next after the making of such distress, the said last mentioned sum, together with the reasonable charges of taking and keeping the said distress shall not be paid, that then you do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale to the Magistrate's clerk, that he may pay and apply the same as by law directed, and may render the overplus (if any), on demand to the said C.D., and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein as to the law doth appertain.
Dated this
day of
(Signed).
A Magistrate, &c.
18
[Seal.]