C 60

[Subsidiary]

CAP. 227]

Magistrates (Forms) Rules

[1984 Ed.

FORM 76

Distress warrant

HONG KONG

Between

(Address

IN THE MAGISTRATE'S COURT at

Description)

(Address

Description)

and

(s. 67.)

Plaintiff.

Defendant.

To each and all of the police officers and bailiffs of the said Colony.

day of

19

On the

it was adjudged and ordered by the undersigned (or

Esquire), a magistrate of the said Colony, that the defendant (or plaintiff) should pay to the plaintiff (or defendant)

for debt (or damages) and

for costs, amounting together to the sum of the said sum should be paid on the

day of

; and it was ordered that

19 (or as in the judgment), 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 (or plaintiff's) goods; and default has been made in payment according to the said adjudication and order:

Therefore you are hereby commanded forthwith to make distress of the goods of the said defendant (or plaintiff), except the wearing apparel and bedding of him and his family, and, to the value of twenty-five 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

being the sum stated at the foot of this warrant to be due under the said adjudication and order, together with the reasonable 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 thereby to the magistrates' 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 (or plaintiff); 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

[1.5.]

Amount adjudged

Paid

Remaining due

day of

19

Magistrate.

$

Costs of issuing this warrant

Total amount to be levied

NB-The goods are not to be sold until after the end of five clear days next following the day on which they were seized, unless the defendant otherwise consents or unless the goods are perishable.

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