654835-1890-Bill-The-Magistrates-Ordinance — Page 50

THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

FORM LVII.

Warrant of Commitment for want of distress in either of the

cases mentioned in forms XLI, XLHI,

IN THE POLICE COURT AT VICTORIA IN THE COLONY

OF HONGKONG.

To each and all of the Constables of the said Colony and to the Superintendent of the Victoria Gaol, Hongkong, aforesaid.

Recite the conviction or order you," and then thus); and whereas afterwards, on the day of

last, a warrant was issued by me (or by J.P., Esquire,) a Magistrate of the said Colony to each and all Constables of this Colony commanding them to levy the said

sum of

for costs by distress and sale of the defendant's goods and chattels and it having been made to appear to me, as well by the return to the said warrant of distress as otherwise, that diligent search for the defendant's goods and chattels hath been made, but that no sufficient distress whercon to levy the sum above mentioned could be found, These are therefore to command you the said Constables to take the defendant and him safely to convey to the Victoria Gaol aforesaid, and there deliver him to the Superintendent thereof, together with this precept. And you the said Superintendent are hereby com-. manded to receive the defendant into your custody in the said Gaol, there to imprison him (and keep him to hard labour) for the space unless the said sum, and all costs and charges of the said distress amounting to the further sum of

of

shall be sooner paid unto you the said Superintendent, and for your so doing this shall be your sufficient warrant.

Dated the

day of

(Signed),

A Magistrate, &c.

18

[Seal.]

FORM LVIII.

Warrant of Commitment for want of distress in the case in

form XLIV. (Sec. 59.)

(Recite the conviction or order and then proceed thus) And a warrant was issued by me (or the said J.P., Esquire,) on the day of

to each and all Constables of the said Colony, com- manding them to levy the said sum of by distress and sale of the goods and chattels of the said C.D., and it appearing to me as well by the return to the said warrant of distress as otherwise, that diligent search for the goods and chattels of the said C.D. hath been made, but that no sufficient distress whereon to levy the sum above-mentioned could be found: These are therefore to command you the said Constables to take the said C.D., and him safely convey to the Victoria Gaol aforesaid, and there deliver him to the said Superintendent thereof, together with this precept; and you the said Superintendent to receive the said C.D. into your custody in the said Gaol there to imprison him (and unless the said keep him to hard labour) for the space of sum and all costs and charges of the said distress amounting to the further sum of

shall be sooner paid unto you the said Superintendent; and for your so doing this shall be your suffi. cient warrant.

Dated the

day of

(Signed),

A Magistrate, &c.

18

[Seal.]

FORM LIX.

Warrant of Commitment reducing term of imprisonment on part payment. [Sec. 48 (3.) }

(Adopt the ordinary form of warrant of commitment, but before the commanding part insert the following):

And on application to this Court to issue a warrant to commit the defendant to prison for non-payment of the sum adjudged to be paid by the said conviction (or order or for default of sufficient distress), it appears to this Court that by payment of part of the said sum (or by the net proceeds of the said distress), the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount so adjudged to be paid would have subjected the defendant to a maximum term of imprisonment less than the term of imprisonment to which he is liable under the said conviction (or order):

Therefore the said term of imprisonment is hereby revoked; and it is hereby ordered that the defendant be imprisoned in the said prison (there to be kept to hard labour) for the space of (the reduced term), unless the said sum and all costs and charges of the said distress (if any) be sooner paid.

And you are hereby commanded (proceed as in ordinary warrant of commitment, inserting reduced term of imprisonment),

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