-
74
the sum of money for the non-payment whereof he was so committed, together with all costs due and payable by him in respect thereof, and may in respect of that order be forthwith discharged out of your custody.
Dated this
day of
[L. S.]
(Signed.)
19
2
Magistrate.
FORM No. 68.
[s. 61.]
307
75
-
FORM No. 69.
[8. 61.]
Oral or written acknowledgment of undertaking to pay civil debt.
HONG KONG.
Between
(Address
Description)
IN THE POLICE COURT AT
Plaintiff,
and
Defendant.
Distress warrant.
HONG KONG.
IN THE POLice Court aT
Between
Plaintiff,
(Address
Description)
(Address
Description)
and
To each and all of the constables of the said Colony.
On the
1
day of
*
Defendant.
and it was
19 it was adjudged and ordered by the undersigned, [or J.P., 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 ordered that the said sum should be paid on the
day of 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 he had according to law.
Dated this
[L.S.]
day of
(Signed.)
19
}
Magistrate.
(Address
Description)
19
It was this day [or on the
day of
] adjudged by the undersigned, [or J.P.. Esquire,] a magistrate of the said Colony, that the plaintiff should recover against the defendant the sum of
for debt [or damages] and
for costs, amounting together to the sum of
and it was ordered that the defendant should pay the same to the plaintiff forthwith, [or
day of
19 or by for every
days, the first instalment day of
19 ,] and that the defendant should be at liberty to give, to the satisfaction of a magistrate [or as in the judgment], security in the sum of
on or before the
instalments of
to be paid on the
with
suret in the sum of
+
[each], for the payment of the sum so ordered to be paid as thereby directed: Now, therefore, I, the defendant, as principal, and we E.F., of and G.H., of
as sureties [or I, E.F., of
as surety, hereby undertake that the defendant will pay the sum so ordered to be paid as thereby directed; and I, the said defendant, and we [or I] the said sureties [or surety], hereby severally acknowledge ourselves bound to forfeit and pay to
the sum of
in case the defendant fails to perform this undertaking.
(Signed.) (where not taken orally)
O.D., Defendant.
E.F.. G.H..
Sureties.
Taken [orally] before me this
[L. S.]
day of
19
(Signed.)
Magistrate.
PART III,
FORMS FOR INDICTABLE OFFENCES.
FORM No. 70.
[8, 76.]
Amount adjudged,
Paid,
Remaining due,
Costs of issuing this warrant,
HONG KONG,
ረ.
Total amount to be levied,
*N.B.--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.
Caution to and statement by accused.
IN THE POLICE COURT AT
Before J.P, Esquire, a magistrate of the said Colony.
19
at
1
O.D. (hereinafter called the accused) stands charged before the undersigned, a magistrate of the said Colony, for that he, on the day of
[etc., as in the heading to the depositions] and the said charge being read to the accused and the witnesses for the prosecution E.F, and G.H. being severally ex- amined in his presence, the accused is now addressed by me as fol- lows: "Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence upon your trial and you are clearly to understand that you have nothing to hope from any promise of favour and that you have nothing to fear from any threat which may have been held out to you to induce you to make any admission
308