THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.
was ordered that if the said sum for costs should not be paid (forthwith) the same should be levied of the goods and chattels of the said C.D. and it was adjudged that in default of sufficient distress in that behalf the said C.D. should be imprisoned in the Victoria Gaol 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 sooner paid and the said C.D. having now made default in the payment of the said sum for costs, and any part thereof. These are therefore to command you. in Her Majesty's name, forthwith to make distress of the goods and chattels of the said C.D., 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 do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale to the Magistrate's clerk, that he may pay and apply the same as by law directed, and may render the overplus (if any), on demand to the said C.D., and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein as to the law doth appertain.
Dated this
(Signed),
day of
A Magistrate, &c.
18
[Seal.]
707
FORM XLV.
Warrant of Distress where the charge is dismissed, but the person charged is ordered to pay damages or costs, or both.-[Sec 31 (1).]
the
The
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG.
18
at
day of A.B. (hereinafter called the defendant) was charged for that he on
day of
(state offence): And on the hearing of the said charge on the
day of before the undersigned (or J. P., Esquire,) a Magistrate of the said Colony, sitting at the said Police Court, 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 defend- ant should pay to
* for damages and *
† for
costs † :
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 omit words between asterisks.
+ Where no order to pay costs, omit words between crosses.
In either case substitute "sum" for "sumis."
FORM XLVI.
Warrant of Distress for sum duc under recognisance declared to be forfeited.~[Sec. 54 (1).]
IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG.
To (Insert name, &c. of Officer where the person executing is not a Constable) and to each and all of the Constables of the said Colony.
A.B. was by his recognisance entered into the
bound in the sum of
day of
the condition of the
recognisance being that should (state condition of recognisance). And default having been made in compliance with the said con- dition, the said recognisance was on the
day of declared by the undersigned (or J. P., Esquire,) a Magistrate of the said Colony, sitting at the said Police Court to be forfeited:
And the said
has made default in payment of the sum due under the said recognisance. Therefore you are hereby commanded to forthwith make distress of the goods of the said
}
except 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 recognisance, to- gether 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 Ma- gistrate's clerk in order that it may be applied according to law, and that the surplus, if any, may be rendered on demand to the said and if no such distress is found to certify the same to this Police Court in order that further proceedings may be had according to law.
Dated this
(Signed),
day of
*
A Magistrate, &c.
Amount due under recognisance....
Paid,
Remaining due,
Costs of issuing warrant,
Total amount to be levied,.
18
[Seal.]
Cts.
✦ 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 in writing.
2
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