655972-1890-Ordinance-10-of-1890-assented-to — Page 39

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THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

aforesaid having appeared before me the said Magistrate (or the said A.B. having appeared before me the said Magistrate, but the de- fendant although duly called, doth not appear by himself, or his counsel and it being now satisfactorily proved to me on (oath or declaration) that the defendant has been duly served with the summons in this behalf, which required him to be and appear here on this day before such Magistrate as should now be here, to answer the said complaint and to be further dealt with according to law); and now, having heard the matter of the said complaint, it is adjudged that the defendant do pay to the said A.B. the sum of

forthwith, or on before next, (or as the Statute or Ordinance may require), and also do pay the said A.B. the sum of

for his costs in this behalf, and if the said several sums be not paid forthwith (or on or before

next), it is adjudged that the defendant be imprisoned in the Victoria Gaol in the said Colony (there to be kept to hard labour) for the space of

unless the said several sums shall he sooner paid.

(Signed),

A Magistrate, &c.

[Seal.]

FORM XXIII.

Order for payment of money to be levied by distress, and in default of distress, imprisonment.--(Sec. 23.)

IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG.

Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said Police Court.

A.B. having made complaint that C.D. (hereinafter called the defendant), (stating the facts entitling the complainant to the order, with the time and place when and where they occurred); and the parties aforesaid having appeared (or the said A.B. having appeared, but the defendant although duly called hath not appeared by himself, or counsel), and it being now satisfactorily proved on (oath) that the defendant has been duly served with the summons in this behalf which required him to be and appear here at this day before such Magistrate of the said Colony as should now be here, to answer the said complaint, and to be further dealt with according to law, and now, having heard the matter of the said complaint, it is adjudged that the defendant (do pay to the said A.B. the sum of forthwith, or, on or before

next, or as the Statute or Ordinance may require), and also do pay to the said A.B. the sum of for his costs in this behalf, and if the said several sums be not paid forthwith (or on or before

next), it is hereby ordered that the same be levied by distress and sale of the defendant's goods and chattels and in default of sufficient distress in that behalf it is adjudged that the defendant be imprisoned in the Victoria Gaol, in the said Colony, and there kept to hard labour for the space of

unless the said several sums and all custs and charges of the said distress shall be sooner paid.

·

* *

* or when the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to lery a distress then instead of the words between the asterisks, say, "then inasmuch as it hath now been made to appear to me that the issuing of a warrant of distress would be ruinous to the defendant and his funnily "or that the defendant hath no goods or chattels whereon to levy the said sams by distress."

[Seal.]

(Signed),

A Magistrate, &c.

FORM XXIV.

Order for any Matter (other than the Payment of a Civil Debt) where Disobedience to the Order is punishable by Imprison- ment.-(Sec. 48.)

IN THE POLICE COURT AT VICTORIA IN THE COLONY

OF HONGKONG.

Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said Police Court.

The

day of

18

at

A.B. having made a complaint that C.D. (hereinafter called the defendant) on the

day of

(state the facts entitling the complainant to the order), and the defendant having appeared (or the defendant not having appeared, but proof having been given that the defendant was duly summoned to appear). and on hearing the matter of the complaint, it is this day adjudged and ordered by me. the undersigned a Magistrate of this Colony that the defendant do (stute the matter required to be done).

And if on a copy of a minute of this order being served on the de- fendant, either personally or by leaving it for him at this last or usual abode, he neglects or refuses to obey this order, then it is adjudged that the defendant for such his disobedience be imprisoned in the Victoria Guoi at Hongkong as aforesaid (there to be kept to hard Jabour), for the space of

unless the said order be sooner obeyed (if the Statute or Ordinance authorises this).

And it is also adjudged and ordered that the defendant pay to the complainant the sum of

for costs forthwith (or on the or by instalments, &c.)

day of

And if default is made in payment according to this adjudication and order, it is ordered that the sum due thereunder be levied by dis- tress and sale of the defendant's goods.