CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 275

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

291

[ss. 22 and 59.]

58

FORM No. 31.

Order cancelling or mitigating forfeiture of recognizance,

HONG KONG.

(To be indorsed on recognizance).

IN THE OLICE COURT AT

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

day of

19

1

A warrant of distress was, on the issued for levying the sum of

declared to be forfeited under the within-written recognizance, but no goods have been sold thereunder; and the said

has applied to me, the undersigned, to cancel [or mitigate] the forfeiture of the said recognizance, and has given security to my satisfaction for the future performance of the condition of the said recognizance, and has paid [or given security for payment of the costs incurred in respect of the forfeiture thereof [or insert such other condition as the magistrate may think just]: There- fore the said forfeiture is hereby cancelled [or mitigated to the sum

1.

of

Dated this

[L.S.]

day of

(Signed.)

19

Magistrate.

[ss. 22 and 56.]

FORM No. 32.

Summons to attend an application for varying or

59

FORM No. 34.

[s. 58.]

Oral or written acknowledgment of undertaking to pay a

HONG KONG.

sum adjudged by a conviction.

IN THE POLICE COURT AT

19

C.D. (hereinafter called the defendant) was this day [or was on the

day of

19 .] convicted before the said court for that he, on the day of

at

[state offence]; and it was adjudged by the said conviction that the defendant should pay [as in the conviction]; and it was thereby ordered that the defendant should be at liberty to give, to the satisfaction of a magis- trate of the said Colony [or as in the conviction], security in the sum

with

in the sum of

[each] for the payment of the said sum at the time and in the manner by the said conviction directed: Now therefore I, the said defendant, as principal,

of

Buret

+

ג

and we, E.F., of

and G.H., of

as sureties For I, E.F., of

as surety] hereby undertake that the de- fendant will pay the sum adjudged by the said conviction at the time and in the manner thereby directed; and I. the said defendant, and we for I.] the said sureties [or surety], hereby severally acknowledge our- selves bound to forfeit and pay to the magistrates' clerk [or other person specified] the sum of

in case the defendant fails to perform this undertaking.

(Signed.)

(where not taken orally)

C.D., Defendant.

E.F.,

G.H., Sureties.

dispensing with sureties.

HONG KONG,

IN THE POLICE COURT AT

To A.B.,

of

You are hereby summoned to appear before a magistrate of the said Colony sitting at

day the

on

o'clock in the

day of noon, to show cause of

19 , at why the amount for which it is proposed that the suret

should be bound should not be reduced [or why the to find a surety [or sureties] should not be

obligation of dispensed with].

Dated this

day of

19

7

[L.S.]

(Signed.)

HONG KONG,

Fопм No. 33.

Order varying order for sureties.

IN THE POLICE COURT AT

Magistrate.

{s. 56.]

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

of

The

day of

19

C.D. has been, under a warrant of commitment dated the

day

19 and issued by this court committed to prison for default in finding sureties [or a surety] in the sum of and, on new evidence having been produced to me [or on proof of a change of circumstances having been given to me], it seems to me just to vary, in manner hereinafter appearing, the order under which the said warrant was issued: Therefore it is ordered that the amount for which it is proposed that the surety [or sureties] of the said C.D. should be bound he reduced to

[or that the obligation of the

said C.D. to find a surety [or sureties] be dispensed with] [or as may be directed].

[L.S.]

(Signed.)

Magistrate.

Taken (orally) before me the

[L.S.]

day of

(Signed.)

1

19

Magistrate.

[9. 59.]

FORM No. 35.

Oral or written acknowledgment of undertaking to perform condition of forfeited recognizance.

HỒNG KONG.

IN THE POLICE COURT AT

C.D. was by his recognizance entered into the

19

day of bound in the sum of

the condition of the recognizance being that

should [state condition of recognizance; and, default having been made in the performance of this condition, the recognizance was on the

1

19 declared to be forfeited, and the said C.D, not having paid the said sum, a warrant of distress was on the

of

day of

day of 19 issued for recovery thereof, but no goods have been sold under the warrant; and the said C.D. has applied to the under signed magistrate of the said Colony to cancel or mitigate the for- feiture: Now therefore I, the said C.D., as principal, and we E.F.,

and G.H., of

[or I, E.F., of ,] as sureties [or surety], hereby undertake that the condition of the said recognizance shall be duly performed, [and that the said shall, cn or before the

day of

19 , pay the sum of for costs incurred in respect of the said forfeiture]; and I, the said principal, and we [or I] the said sureties [or surety], hereby severally acknowledge ourselves bound to forfeit and pay to the magis- trates' clerk [or other person specified] the sum of

in case

the said principal fails to perform the condition of the said recognizance.

(Signed.) (where not taken orally)

Taken (orally) before me the

day of

[L, S.]

(Signed.)

C.D., Defendant,

E.F. Suretics.

G.H..

19

Magistrate.

292

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