554
No. 8 of 1890.
MAGISTRATES.
describe goods as in conviction], and having dealt with the case summarily, the said C.D. has been this day convicted before me of the offence with which he was so charged; and it is proved to me that the said goods are now in the possession of the said C.D.: Therefore it is hereby ordered that the said C.D. do forthwith restore the said goods to the said A.B., the owner thereof.
[L.S.]
(Signed.)
Magistrate.
FORM No. 39.
Certificate of Dismissal.
[s. 15.]
I hereby certify that an information [or complaint] preferred by A.B. against C.D., for that [etc., as in the summons to defendant], was this day considered by me, a Magistrate of the said Colony, and was by me dismissed [with costs.]
Dated this [day of] 19[xx].
[L.S.]
(Signed.)
Magistrate.
FORM No. 40.
Warrant of Distress on Conviction for Fine, with or without Costs or Damages, or for Costs or Damages without Fine.
HONGKONG.
IN THE POLICE COURT AT HONGKONG.
To [Insert name, etc., of Officer where the person executing is not a Constable] and to each and all of the Constables of the said Colony,
C.D. (hereinafter called the defendant) was on the [day of] 19[xx] convicted before the said Court for that he, on the [day of] at [state offence]; and it was adjudged that the defendant should for his said offence forfeit and pay* [amount of fine, and should also pay to the said A.B. the sum of [amount] for compensation and [amount] for costs; and it was ordered that the said sums should be paid [etc., as in the conviction]; and that if default should be made in payment according to the said adjudication and order, the sum due thereunder should be levied by distress and sale of the defendant's goods; and default has been made in payment according to the said adjudication and order: Therefore you are hereby commanded to make forthwith distress of the goods of the defendant (except the wearing apparel and bedding of him and his family, and to the value of $25, the tools and implements of his trade); and if, within the space of [x] days next after the making of such distress, the sum of [amount] being the sum stated at the foot of this warrant to be due under the said adjudication and order, together with the reasonable costs and charges of the making and keeping of the said distress be not paid, then to sell the said goods by you distrained, and pay the money arising therefrom to the Magistrate's Clerk, in order that it may be applied according to law, and that the overplus, if any, may be rendered on demand to the defendant; and if no such distress can be found, to certify the same to the said Court, in order that further proceedings may be had according to law.
Dated this [day of] 19[xx].
[L.S.]
(Signed.)
Magistrate.
Amount adjudged,
Paid,
Remaining due,
Costs of issuing Warrant,
Total amount to be levied,
* Omit direction as to payment of fine, or compensation, or costs, as the case may require.
N.B. The goods are not to be sold until after the end of five clear days next following the day on which they are seized, unless the defendant consents or unless the goods are perishable.
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