1912_MAGISTRATES_ORDINANCE__1890 — Page 74

558

No. 3 of 1890.

MAGISTRATES.

FORM NO. 47.

[s. 54.]

Warrant of Distress for Sum due under Recognizance adjudged to be forfeited by Conviction of Principal.

HONGKONG.

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.

C.D. (hereinafter called the defendant) was, by his recognizance entered into on the

day of

bound in the sun of

19

1

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2

the condition of the recognizance being that

should [state condition of recognizance]; 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

duy of

19 $ signed [or J.P., Esquire,] a Magistrate of the said Colony, that the said recognizance adjudged by the under- should 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 adjudication and order: Therefore you are hereby commanded [proceed as in warrant of distress for fine].

FORM No. 48.

[8. 58.7

Warrant of Distress for Sum due by a Principal in pursuance of a forfeited Security for Payment of a Sum adjudged by a Conviction. IN THE POLICE COURT AT

HONGKONG.

To [Insert name, etc., of Officer where the person executing is not a Constable] and io each and all of the Constables of the said Colony.

C.D. (hereinafter called the defendant) was, on the

19

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19

at

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suret

day of

day of

convicted before the said Court for that he, on the

[state offence]; and it was adjudged by the said conviction that the defendant should pay as in the conviction]; and it was 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

for the pay- ment 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 suuf at the time and in the manner so directed, and severally] acknowledged themselves [or himself bound to forfeit and pay to in case the defendant failed to make payment as so directed; and it appears to me that the sum of

due by the defendant 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 defendant: Therefore you are hereby commanded proceed as in warrant of distress on conviction for fine, sub- stituting for the words " being the sum stated at the foot of this warrant to be due under the said adjudication and order," the words “ being the sum stated at the foot of this warrant to be due in pursuance of the said undertaking," and stating the amount at the foot us amount due in pursuance of the said undertaking."]

the sum of

HONGKONG.

FORM No. 49.

Return to a Warrant of Distress.

IN THE POLICE COURT AT

[s. 41.]

I, W.T., do hereby certify to the said Court 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 whereou to levy the sums within-mentioned.

Dated this

day of

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(Signed.)

a

78 DIE + 1

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