1912_MAGISTRATES_ORDINANCE__1890 — Page 72

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356

No. 3 of 1890.

1

MAGISTRATES.

be in the order] upon consideration of the matter of the said complaint, it was adjudged that the defendant should [etc., as in the order]; and that if, upon a copy of the minute of that order being served on the defendant either personally or by leaving the same for him at his last or most usual place of abode he should refuse or neglect to obey the same, the defendant for such his disobedience should be imprisoned in the Gaol in the said Colony [and there kept to hard labour] for the space of unless the said order should be sooner obeyed; and also that the defendant should pay to the said A.B. the sum of

for his costs in that behalf and it was ordered that if the said sum for costs should not be paid [forthwith], the same should be levied by distress and sale of the defendant's goods and chattels; and, it was adjudged that, in default of sufficient distress in that behalf the defendant should be imprisoned in the said Gaol [and there kept to hard labour for the space of to commence at and from the termination of his imprisonment aforesaid unless the said sum for costs, and all costs and charges of the said distress, should be sooner paid; and whereas after the making of the said order a copy of the minute thereof was duly served on the defendant, but he did not then pay, nor has he paid, the said sum of

for costs but therein has made default :

These are, therefore, to command you, in His Majesty's name, that you forthwith make distress of the defendant's goods and chattels, and if, within the space of

pay

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 sell the said goods and chattels so by you distrained, and arising from such sale to the Magistrate's Clerk, that he may pay the same as by law the money directed, and may render the overplus, if any, on demand, to the defendant, and, if no such distress can be found, then that you certify the same to the said Court, in order that further proceedings may be had according to law.

Dated this

day of

[L.S.]

•

19

(Signed.)

FORM No. 44.

Magistrate.

[9. 59.]

HONGKONG.

Warrant of Distress for Costs on an Order for Dismissal of an Information or Complaint.

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.

On the

day of

19 information was laid (or complaint was made] before the undersigned [or J.P., Esquire,] a Magistrate of the said Colony, for that [etc., as in the order of dismissal]; and afterwards, on the day of

19 both parties having appeared before me [or the said J.P., Esquire,] and the case having been duly heard and, considered, and the said information [or complaint] not having been proved, it was therefore disinissed ; and it was adjudged that the said 1.B. should pay to the defendant the sum of for his costs incurred by him in his defence in that behalf; and it was ordered that if the said sum for costs should not be paid [forthwith, the same should be levied by distress and sale of the goods and chattels of the said A.B., and it was adjudged that, in default of sufficient distress in that behalf, the said A.B. should be imprisoned in the 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 A.B. having now made default in the payment of the said sum for costs: These are, therefore, to command you, in His Majesty's name, that you forthwith make distress of the goods and chattels of the said A.B., and if, within the space of such distress the said last-mentioned sum,

days next after the making of together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you sell the said goods and chattels so by you distrained, and pay the money arising from such sale to the Magistrate's Clerk, that he may pay the same as by law directed, and may render the overplus, if any, on demand to the said A.B., and if no such distress can be found, then that you certify the same to the said Court, in order that further proceedings may be had according to law.

day of

Dated this [L.S.]

2

19

1

(Signed.)

Magistrate.

* As amended by No. 50 of 1911, No. 51 of 1911 and No. 1 of 1912.

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