1248 ( 10 OF 1890. ) MAGISTRATES .
pay the same as by law directed, and may render the surplus (if any) on
demand to the defendant, and if no such distress can be found, then that you
certify the same unto me, to the end that such proceedings may be had therein
as to the law doth appertain .
Dated the day of 18
[ Seal.]
( Signed ),
A Magistrate , &c.
FORM XLIII .
Warrant of distress for costs upon an order where the disobeying
of the order is punishable with imprisonment.- (Sec. 44.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
To (insert name, 8c. of officer where the person executing is not a constable)
and to each and all of the Constables of the said Colony.
On complaint was made before the undersigned (or J.P., Esquire,)
a Magistrate of the said Colony, for that ( & c., as in the order ), and on the
day of at the said parties having appeared before me , ( or
the said J.P., Esquire, or as it may be in the order), upon consideration of
the matter of the said complaint, it was a ljudged that the defendant do ( & c.,
as in the order ) ; and that if upon a copy of the minute of that order being
served upon the defendant either personally or by leaving the same for bim
at his last or most usual abode, he should neglect or refuse to obey the same
it was adjudged that in such case the defendant for such his disobedience
should be imprisoned in the Victoria Gaol in the said Colony (and there kept
to haril labour) for the space of ( inless the said order should be
sooner obeyel) and it was thereby also adjudged that the defendant should
pay to the said C.D. the sum of for his costs in that behalf ; and it
was ordered that if the said sum for costs should not be paid (forth withi) the
same should be levied of the defen :lant's gools and chattels and in default of
sufficient distress in that behalf it was thereby adjudged that the defendant
should be imprisoned in the said Gaol (and there kept to hard labour) for the
space of to commence at and from the termination of his imprison
9
ment aforesaid , unless the said sum for costs, and all costs and charges of the
said distress, should be soover paidd ; and whereas after the making of the
saill order a copy of the minute thereof was duly served upon the defendant,
but he did not then pay, nor hath he paid the sid sun of for costs
or any part thereof, but therein hath made default. These are therefore to
command you, in Her Majesty's name, forthwith to make distress of the
defendant's goods and chattels, and if within the space of dar's 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 do sell the said gools and chattels so by you distrained ,
and do pay the inoney arising from such sale to the Magistrate's 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 istress can be found, then that
you certify the same unto me, to the end that such proceedings may be had
therein as to the law doth appertain.
Dated the day of 18
[ Seal.]
( Signed ),
A Magistrate, &