On the
36
day of
day of
19
information was laid (or
>
Esquire) #
M
complaint was made) before the undersigned (or magistrate of the said Colony, for that [ete, as in the order of dismissa]; and afterwards, on the
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 challels of the said
and it was adjudged that,
should
In default of sufficient distress in that behalf, the muid be imprisoned in a prison in the said Colony 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
default in the payment of the said sum for costs:
FORM 54.
37
Warrant of distress for sum due under recognizance declared to be forfeited.
IN THE MAGISTRATE'S COURT AT
|
·
[s, 65.]
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. was, by his recognizance entered into on the
day of 19 bound in the sum of
the condition of the recognizance being that
should [state condition of recognizance), and, default having been made in compliance with the said condition, the said recognizance was, on the
day of
19
declared by the undersigned (or
Esquire), a magistrate of the said Colony has made default in payment
*
to be forfeited; and the said
having now made
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 sam as by law directed, and may render the overplus, if any, on demand to the said
and it 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
*
day of
19
+
of the sum due under the said recognizance:
Therefore you are bereby commanded forthwith to make distress of the goods of the said
„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* daxt after the making of such distress, the sum of
F
days being
the sum stated at the foot of this warrant to be due under the said recognizance, together with the reasonable costs and 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 therefrom 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 said
and if no such distress is found, to certify the same to the said court, in order that further proceedings may be had according to law.
[1.3.]
Magistrate.
[9. 36.]
Dated this
day of
19
Magistrate.
Form 53.
Warrant of distress where the defendant is discharged. but is ordered to pay damages or costa or both.
Home Kara
The
IN THE MAGISTrate's CouRT AT day of
19 (hereinafter called the defendant) was charged for day of
at
*
19
day
that he, on the [ware offence]; and on the hearing of the asid charge, on the of
19
before
a magistrate of the raid Colony, the magistrate being of opinion that, though the charge was proved, the offence was in the particular casc of so trivial a nature (or having regard to the character, antecedents, age, health or mental condition of the defendant or any other extenuating circumstances as the case may be,) that it was inoxpedient to inflict any punishment, discharged the defendant bul ordered that the defendant should pay to
*for damages and*
tfor costat; 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 do order to pay damages, oml words between sacerlaku.
↑ Where no order in pay nothi, quels words between daggcIL.
In either case subeliture "run"" for "sum"",
Amount due under recognizance Paid
Reamining due
Costs of issuing warrant
Total amount to be levied
* N.8-The goods are not iù be sold wout after the end of tive clear days next following the day which they are seized, onless the owed pourente or unless the woods are Berke
Head Ko.
FORM 55.
(s. 65.]
Warrunt of distress for sum due under recognizance adjudged to be forfelted by conviction of principal.
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. (hereinafter called the defendant) was, by his
No comments yet.
Private notes are available after approval.