65
FORM No. 47.
[8. 59.]
Warrant of distress for sum due under recognizance adjudged to be forfeited by conviction of principal.
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.
day of
,
C.D. (hereinafter called the defendant) was, by his recognizance entered into on the bound in the sum of being that said
19 the condition of the recognizance should [state condition of recognizance]; and the having been convicted of the offence of having [state offence], being an offence which is in law a breach of the said condition, it was, on the
day of
19 adjudged by the undersigned [or J.P., Esquire,] a magistrate of the said Colony, that the said recognizance should be forfeited, and that the defendant should pay to the magistrates' clerk the said sum of
and should also pay the sum of
for costs; and it was ordered that the said sum should be paid [as in order], and that, if default should be made in payment according to the said adjudication and order, the sum due thereunder should be levied by distress and sale of the defendant's goods; and default has been made in payment accord- ing to the said adjudication and order: Therefore you are hereby commanded [proceed as in warrant of distress for fine).
FORM No. 48.
[s. 58.]
Warrant of distress for sum due by a principal in pursuance of a forfeited security for payment of a sum adjudged by a conviction.
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.
of
C.D. (hereinafter called the defendant) was, on the
suret
>
19 day of
+
day convicted before the said court for
at
the sum of
1
19
"
that he, on the
[stale offence]; and it was adjudged by the said conviction that the defendant should pay [as in the conviction]; and it was ordered that the defendant should be at liberty to give, to the satisfaction of a magistrate of the said Colony [or as in the conviction], security with for the payment of the said sum at the time and in the manner by the said conviction directed; and the defendant and
and
his sureties or surety] undertook that the defendant would pay the said sum at the time and in the manner so directed, and [severally] acknowledged themselves [or himself] bound to forfeit and pay to
in case the defendant failed to make payment as so directed; and it appears to me that the sum of
due by the defendant in pursuance of the said under- taking has not been paid and has been forfeited: and notice of the said forfeiture has been duly served on the defendant: Therefore you are hereby commanded [proceed as in warrant of distress on conviction for fine, substituting for the words “being the sum stated at the foot of this warrant to be due under the said adjudication and order" the words "being the sum stated at the foot of this warrant to be due in pursuance of the said undertaking, and stating the amount at the foot as 'amount due in pursuance of the said undertaking”].
FORM No 49.
[8. 47.]
HONG KONG.
Return to a warrant of distress.
IN THE POLICE COURT AT
I, W.T., do hereby certify to the said court that by virtue of this warrant I have made diligent search for the goods and chattels of the within-mentioned defendant, and that I can find no sufficient goods or chattels of the defendant whereon to levy the sums within-mentioned.
Dated this
day of
'
, 19
*
(Signed.)
298
Page 280Page 281
No comments yet.
Private notes are available after approval.