655972-1890-Ordinance-10-of-1890-assented-to — Page 47

708

THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

FORM XLVII.

Warrant of Distress for sum due under recognisance adjudged to be forfeited by conviction of principal.—[Sec. 54 (2).]

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. (hereinafter called the defendant) was by his recognisance entered into the

day of

bound in the sum of the condition of the recognisance being that

should (state condition of recognisance);

And the said

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

adjudged by the undersigned (or J.F., Esquire.) a Magistrate of the said Colony, sitting at

that the said recognisance be forfeited, and that the defendant should pay to the Magistrate's 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 according to the said ad- judication and order: Therefore you are hereby commanded (pro- ceed as in warrant of distress for fine).

FORM XLVIII.

Warrant of Distress for sum due by a principal in pursuance of a forfeited security for payment of a sum adjudged by a conviction.-[Sec. 53 (3).]

IN THE POLICE COURT AT VICTORIA IN THE COLONT 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. (hereinafter called the defendant) was on the

day of convicted before the undersigned (or J.P., Esquire,) a Magistrate of the said Colony, sitting at

for that he (state offence), and it was adjudged by the conviction of the said Magistrate that the defendant should pay (as in conviction):

And it was thereby 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

suret 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 the sum of in case the defendant failed to make payment as so directed:

And it appears to me that the sum of

due, by the defend- ant in pursuance of the said undertaking has not been paid and has been forfeited:

And notice of the said forfeiture has been duly served on the de- fendant:

Therefore you are hereby commanded (procced 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 under the said adjudi- cation and order,” the words " being lùc 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 undertaking.")

FORM XLIX.

Return to a warrant of distress.—(Sec. 41.)

1, W.T. do hereby certify to J.P., Esquire, a Magistrate of the said Colony 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.

Witness my hand, this

day of

18

FORM L

Account of costs and charges incurred in respect of the execution of a warrant of distress.—[Sec. 47 (6).]

In the matter of an information (or a complaint) by

1

of

the constable charged with the execution

dated the

of the warrant of distress upon the goods of

day of

hereby declare that the following is a true account

of the costs and charges incurred in respect of the execution of the

said warrant.

Total,

cts.