64
19
day of
before the undersigned [or J.P., Esquire,] a magistrate of the said Colony, the magistrate being of opinion that, though the charge was proved, the offence was in the particular case of so trifling a nature that it was inexpedient to inflict any punishment, dismissed the information but ordered that the de- fendant should pay to
*for damages and*
† for costst; 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 no order to pay damages, ornit words between asterisks.
Where no order to pay costs, omit words between daggers.
In either case substitute "sum" for "sums.'
FORM No. 46.
Warrant of distress for sum due under recognizance
HONG KONG.
declared to be forfeited.
IN THE POLICE COURT AT
[s. 59.]
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.
of
C.D. was, by his recognizance entered into on the
19
*
>
bound in the sum of condition of the recognizance being that
2
day
the
+
should [state
condition of recognizance], and, default having been made in com- pliance with the said condition, the said recognizance was, on the
day of
19 declared by the undersigned [or J.P., Esquire,] a magistrate of the said Colony to be forfeited; and the said
has made default in payment of the sum due under the said recognizance: Therefore you are hereby commanded forth- except with to make distress of the goods of the said
"
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 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, and if no such may be rendered on demand to the said distress is found, to certify the same to the said court, in order that further proceedings may be had according to law.
J
Dated this
[L.S.]
day of
(Signed.)
Amount due under recognizance,
Paid,
Remaining due,
19
Costs of issuing warrant,
Total amount to be levied,
$
Magistrate.
c.
*N.B.-The goods are not to be sold until after the end of five clear days next following the day on which they are seized, unless the owner consents or unless the goods are perishable.
297
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