FORM No. 45.
Warrant of Distress where the Charge is dismissed, but the person charged is ordered to pay Damages, or Costs, or both.
IN THE POLICE COURT AT HONGKONG.
On the day of 19 , at , C.D. (hereinafter called the defendant) was charged for that he, on the day of 19 , [state offence]; and on the hearing of the said charge, on the day of 19 , before the undersigned [or J.P., Esquire,] a Magistrate of the said Colony, the Magistrate being of opinion that, though the charge was proved, the offence was in the particular case of so trifling a nature that it was inexpedient to inflict any punishment, dismissed the information but ordered that the defendant should pay to *for damages and †for costs; and it was ordered that the said sums should be paid [as in order]; [Proceed as in warrant of distress on conviction for fine.]
* Where no order to pay damages, omit words between asterisks.
† Where no order to pay costs, omit words between daggers.
In either case substitute "sum" for "sums".
FORM No. 46.
Warrant of Distress for Sum due under Recognizance declared to be forfeited.
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. was, by his recognizance entered into on the day of 19 , bound in the sum of , upon the condition of the recognizance being that [should state condition of recognizance], and, default having been made in compliance with the said condition, the said recognizance was, on the day of 19 , declared by the undersigned [or J.P., Esquire,] a Magistrate of the said Colony to be forfeited; and the said has made default in payment of the sum due under the said recognizance: Therefore you are hereby commanded to forthwith make distress of the goods of the said , except the wearing apparel and bedding of him and his family, and, to the value of 25 dollars, the tools and implements of his trade, and if, within the space of * days next after the making of such distress, the sum of stated at the foot of this warrant to be due under the said recognizance, together with being the sum of 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 said ; and if no such distress is 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 .
[L.S.]
(Signed.) Magistrate.
Amount due under Recognizance,...........
Paid,...........
Remaining due,...........
Costs of issuing Warrant,.....
Total amount to be levied,...
* N.B.--The goods are not to be sold until after the end of 5 clear days next following the day on which they are seized, unless the owner consents or unless the goods are perishable.