C 44
[Subsidiary]
CAP. 227]
Magistrates (Forms) Rules
[1984 Ed.
distress and sale of the defendant's goods and chattels, and it was adjudged that in default of sufficient distress in that behalf the defendant should be imprisoned in a prison 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 on the defendant, but he did not then pay, nor has he paid, the said sum of
for costs but therein has made default:
These are, therefore, to command you, in Her Majesty's name, that you forthwith 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 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 defendant, 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
FORM 52
19
Magistrate.
(s. 70.)
HONG KONG.
Warrant of distress for costs on an order for dismissal of an information or complaint
IN THE MAGISTRATE'S COURT AT
To [insert name, etc., of officer where the person executing is not a police officer] and to each and all of the police officers of the said Colony.
day of
19
information was laid (or complaint was made) before the undersigned (or magistrate of the said Colony, for that [etc., as in the order of dismissal); and afterwards, on the
day of
19
both parties having appeared before me (or the said
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
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 by distress and sale of the goods and chattels of the said
and it was adjudged that, in
should be
unless the
default of sufficient distress in that behalf, the said
imprisoned in a prison in the said Colony for the space of
said sum for costs, and all costs and charges of the said distress, should be sooner paid; and the said
having now made default in the payment
of the said sum for costs:
These are, therefore, to command you, in Her Majesty's name, that you forthwith make distress of the goods and chattels of the said
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
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
19
Magistrate.