295
[s. 50.]
62
FORM No. 42.
Warrant of distress for costs on a conviction where the offence is punishable by imprisonment.
HONG KONG.
IN THE POLICE COURT AT
To [insert name, etc., of officer where the person executing is not a constable] and to each and all of the constables of the said Colony.
C.D., of was, on the
19
7
for his costs
[labourer,] (hereinafter called the defendant) day of
convicted before the said court for that [state the offence as in the conviction], and it was adjudged that the defendant for his said offence should be im- prisoned in a prison in the said Colony [and there kept to hard labour] for the space of
and it was also adjudged that the defendant should pay to the said A.B. the sum of in that behalf; and it was ordered that if the said sum of for costs should not he paid [forthwith], the same should be levied by distress and sale of the defendant's goods and chattels; and it was adjudged that, in default of sufficient distress in that behalf, the defendant should 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 for costs, and all costs and charges of the said distress, should be sooner paid; but the defendant having made default in the payment of the said sum of
for costs: These are, therefore, to command you, in His Majesty's name, that you forthwith make dis- tress of the defendant's goods and chattels, 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 same as by law directed, and may render the overplus, if any, on demand, to the defendant, and, if no such distress can be found, that then you certify the same to the said court, in order that further proceedings may be had according to law.
Dated this
[L.S.]
day of
(Signed.)
19
Magistrate.
FORM No. 43.
[s. 50.]
Warrant of distress for costs on an order where the disobeying of the order is punishable with imprisonment.
HONG KONG.
IN THE POLICE COURT AT
To [insert name, etc., of officer where the person executing is not a constable] and to each and all of the constables of the said Colony.
On the
day of
}
19
a.t
}
19 complaint was made before the undersigned [or J.P., Esquire,] a magistrate of the said Colony, for that [etc.. as in the order] and on the
day of the said parties having appeared before me, [or the said J P., Esquire, or as it may be in the erder] upon consideration of the matter of the said complaint, it was adjudged that the defendant should [etc., as in the order]; and that if, upon a copy of the minute of that order being served on the defendant either personally or by leaving the same for him at his last or most usual place of abode he should refuse or neglect to obey the same, the defendant for such his disobedience should be imprisoned in a prison in the said Colony [and there kept to hard labour] for the space unless the said order should be sooner obeyed; and also
of
that the defendant should pay to the said A.B, the sum of
for his costs 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 defendant's goods and chattels; and it was adjudged that in default of sufficient distress in that behalf the de- fendant should 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 for costs, and all costs and charges of the said distress, should be sooner
63
paid; and whereas after the making of the said order a copy of the minute thereof was duly served on the defendant, but he did not then pay, nor has he paid, the said sum of
for costs but therein has made default: These are, therefore, to command you, in His Majesty's name, that you forthwith make distress of the defendant's goods and chattels, 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 same as by law directed, and may render the overplus, if any, on demand, to the defendant, and, if 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
[L.S.]
day of
(Signed.)
FORM No. 44.
19
1
Magistrate.
Warrant of distress for costs on an order for dismissal of an information or complaint.
HONG KONG.
On the
IN THE POLICE COURT AT
day of
19
[s. 64.]
To [insert name, etc., of officer where the person executing is not a constable] and to each and all of the constables of the said Colony.
information was laid [or complaint was made] before the undersigned [or J.P., Esquire,] a magistrate of the said Colony, for that [etc., as in the order of dismissal]; and afterwards, on the day of
19 both parties having appeared before me [or the said J.P., 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 A.B. 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 chattels of the said A.B., and it was adjudged that, in default of sufficient distress in that behalf, the said A.B. should 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, should be sconer paid; and the said A.B. having now made default in the payment of the said sum for costs: These are, there- fore, to command you, in His Majesty's name, that you forthwith make distress of the goods and chattels of the said A.B., and if within the space of
days next after the making of such distress
the said last-mentioned sum, together with the reasonable charges 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 same as by law directed, and may render the overplus, if any, on demand to the said A.B., and if 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
[L.S.]
day of
(Signed.)
19
Magistrate.
FORM NO. 45.
[s. 30.] Warrant of distress where the charge is dismissed, but the person charged is ordered to pay damages, or costs, or both.
HONG KONG.
The
IN THE POLICE COURT AT
day of
19
י
C.D. (hereinafter called the defendant) was charged for that he, on
day of
at
[state offence]; and on the hearing of the said charge, on the
the
19
296
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