CAP. 2271
Magistrates.
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 by distress and sale of the goods and chattels of the said A.B., and it was adjudged that, in default of sufficient distress in that behalf, the said A.B. should be imprisoned in a prison 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 A.B. having now made default in the payment of the said sum for costs: These are, therefore, to command you, in His Majesty's name, that you forthwith make distress of the goods and chattels of the said A.B., 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 sell the said goods and chattels so by you distrained, and pay the money arising from such sale to the magistrates' clerk, that he may pay the same as by law directed, and may render the overplus, if any, on demand to the said A.B., and if no such distress can be found, then that you certify the same to the said court, in order that further proceedings may be had according to law.
Dated this
[L.S.]
day of
(Signed.)
FORM 45.
19
Magistrate.
[s. 35.]
Warrant of distress where the charge is dismissed, but the person charged is ordered to pay damages, or costs, or both.
IN THE MAGISTRATE'S COURT AT
HONG KONG.
The
day of
19
19
,
19
at
C.D. (hereinafter called the defendant) was charged for that he, on the
day of [state offence]; and on the hearing of the said charge, on the day of
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”.
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