CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 272

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

54

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defendant, although duiy called, not having appeared by himself or his counsel, and it being now satisfactorily proved to me upon oath for declaration that the defendant has been duly served with the sum mans in this behalf, which required him to be and appear here on this day before such magistrate as might now be here; to answer to the said complaint and to be further dealt with according to law]; and now, having heard the matter of the said complaint, it is adjudged and ordered that the defendant do pay to the said A.B. the sum of

forthwith, [or on or before the

day of

}

19 , or as the Ordinance or statute may require], and also do pay to the said A.B, the sum of

for his costs in this behalf; and if the said several sums are not paid forthwith [or on or before the

day of

19 ], it is adjudged that the defendant be imprisoned in a prison in the said Colony [and there kept to hard labour] for the space of

unless the said several sums shall be sooner paid.

[L.S.]

(Signed.)

FORM No. 23.

Magistrate.

[8. 22.1

Order for payment of money to be levied by distress, and, in default of distress, imprisonment,

HàNG KONG.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

19

A.B having made a complaint that C.D. (hereinafter called the defendant) [state the facts entitling the complainant to the order, with the time and place when and where they occurred]; and the parties aforesaid having appeared [or the said A.B. having appeared, but the defendant, although duly called, not having appeared by himself or his counsel, and it being now satisfactorily proved to me upon oath [or declaration] that the defendant has been duly served with the summons in this behalf, which required him to be and appear here on this day before such magistrate as might now be here, to answer to the said complaint, and to be further dealt with according to law]; and now, having heard the matter of the said complaint, it is adjudged and ordered that the defendant do pay to the said A.B. the sum of forthwith, or on or before the

day of

19

or as the Ordinance or statute may require], and also do pay to the said A.B. the sum of

for his costs in this behalf; and if the

+

said several sums are not paid forthwith, [or on or before the day of

19 1 it is ordered that the same be levied by distress and sale of the defendant's goods and chattels, and, in default of sufficient distress in that behalf it is adjudged that the defendant be imprisoned in a prison in the said Colony [and there kept to kord labour] for the space of

unless the said

several sums, and all costs and charges of the said distress. shall be sooner paid.

[L.S.]

(Signed.)

Magistrate

*Or, where the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress, then instead of the words between the asterisks, ** say, "then, inasmuch as it has now been made to appear to me that the issuing of a warrant of distress would be ruinous to the defendant and his family for that the defendant has no goods or chattels where- on to levy the said sums by distress]".

FORM No. 24.

[88. 22 and 54.]

281

The

55

day of

19

A.B., having made a complaint that C.D. (hereinafter called the defendant) [state the facts entitling the complaint to the order, with the time and place when and where they occurred]; and the parties aforesaid having appeared [or the said A.B. having appeared but the defendant, although duly called, not having appeared by himself or his counsel and it being now satisfactorily proved to me upon oath [or declaration] that the defendant has been duly served with the sum- mona in this behalf which required him to be and appear here on this day before such magistrate as might now be here, to answer to the said complaint, and to be further dealt with according to law] and now, having heard the matter of the said complaint, it is adjudged and ordered that the defendant do [state the matter required to be done]: and if, on a copy of a minute of this order being served on the defend- ant, either personally or by leaving it for him at his last or most usual place of abode, he refuses or neglects to obey this order, then it is ad- judged that the defendant for such his disobedience be imprisoned in a prison in the said Colony [and there kept to hard labour for the space of

unless the said order shall be sooner obeyed [if the Ordinance or statute authorises this] and it is also adjudged and ordered that the defendant do pay to the complainant the sum of for his costs in this behalf forthwith [or on the day or by instalments, etc.]; and if default is made in payment according to this adjudication and order, it is ordered that the sum due thereunder be levied by distress and sale of the defendant's goods; and, in default of sufficient distress, it is adjudged that the defendant be imprisoned in a prison [and there kept to hard labour] for the space of

, to commence at and from the termination of his imprisonment aforesaid, unless the said sum, and all costs and charges of the said distress, shall be sooner paid.

of

[L.S.]

19

+

(Signed.)

FORM No. 25.

Magistrate.

[as. 13 and 22.]

Order of dismissal of an information or complaint.

HONG KONG.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

19

Information was laid for complaint was made] before the undersign- ed for that, etc. [as in the summons to the defendant] and both the said parties having appeared before me in order that I should hear and determine the said information [or complaint] [or the defendant having appeared before me, but the said A.B., although duly called, not having appeared]; and the matter of the said information [or complaint] being by me duly considered, it manifestly appears to me that the said in- formation [or complaint] is not proved, and it is therefore dismissed; and it is adjudged that the said A.B. do pay to the defendant the sum of

for his costs incurred by him in his defence in this behalf; and if the said sum for costs is not paid forthwith, [or on or before the

day of

it is ordered that the same be levied by distress and sale of the goods and chattels of the said A.B.. and in default of sufficient distress in that behalf it is adjudged that the said A.B. be imprisoned in a prison in the said Colony [and there kept to hard labour] for the space of unless the said sum for costs, and all costs and charges of the said distress, shall be sooner paid.

[L.S.]

(Signed.)

FORM No. 26.

19

Magistrate.

[ss. 22 and 30.]

Order for any matter (other than the payment of a civil debt) where disobedience to the order is nunishable by imprisonment.

Hove Koyo

IN THE POLIOḥ Court at

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

Order dismissing information or complaint and directing person charged to pay damages.

Hong Kong.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court,

288

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