1912_MAGISTRATES_ORDINANCE__1890 — Page 78

562

No. 3 of 1890.

A

MAGISTRATES.

FORM No. 57.

Warrant of Commitment for Want of Distress in either of the Cases mentioned in Forms Nos. 41 and 42.

HONGKONG.

IN THE POLICE COURT AT

To each and all of the Constables of the said Colony and to the Superintendent of the Guol in the said Colony.

19

,

[Recite the conviction or order and then proceed thus: and whereas afterwards, on the

day of

a warrant of distress was issued against the defendant in pursuance of the said conviction [or order]: and it having been made to appear to me, as well by the return to the said warrant of distress as otherwise, that diligent search for the defendant's goods and chattels has been made, but that no sufficient distress whereon to levy the sum above mentioned could be found: These are, therefore, to command you, the said Constables, to take the de- fendant and convey him to the said Gaol, and there to deliver him to the said Superintendent, together with this warrant and you, the said Superintendent. to receive the defendant into your custody in the said Gaol and there to imprison him [and keep him to hard labour], for the space of

unless the said sum, and all

costs and charges of the said distress, amounting to the further sum of shall be sooner paid; and for your so doing this shall be your sufficient warrant.

Dated this

[L.S.]

day of

19

+

(Signed.)

FORM No. 58.

in Form No. 44.

Magistrate.

[ss. 45 and 59.1

Warrant of Commitment for Want of Distress in the Case

1

19

9

19

>

[Recite the order of dismissal and then proceed thus]: and whereas afterwards, on the

day of

a warrant of distress was issued against the said A.B. in pursuance of the said order; and it having been made to appear on the

day of

to me as well by the return to the said warrant of distress as otherwise, that diligent search for the goods and chattels of the said A.B. has been made, but, that no sufficient distress whereon to levy the sum above mentioned could be found: These are, therefore, to command you, the said Constables, to take the said A.B. and convey him to the said Gaol, and there to deliver him to the said Superintendent, together with this warrant; and you, the said Superintendent, to receive the said A.B. into your custody in the said Gaol and there imprison him and keep him to hard labour] for the space of unless the said sum, and all costs and charges of the said distress, amounting to the further sum of

shall be sooner paid; and for your so doing this shall be your sufficient warrant.

Dated this

[L.S.]

day of

FORм No. 59.

19

(Signed.)

I

T

Y, may

19

clain

Dε

Magistrate.

I

[s. 48.]

Warrant of Commitment reducing Term of Imprisonment on Part Payment.

[Adopt the ordinary form of warrant of commitment but before the commanding part insert the following]: and on application to the said Court to issue a warrant to commit the defendant to prison for non-payment of the sum adjudged to be paid by the said conviction for order or for default of sufficient distress], it appears to the said Court that, by payment of part of the said sum for by the net proceeds of the said distress] the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount so adjudged to be paid, would have subjected the defendant to a maximum term of imprisonment less than the term of imprisonment to which he is liable under the said conviction [or order]; Therefore the said term of imprisonment is hereby revoked; and it is

* As amended by No. 50 of 1911.

HONG.

Bet

(Ad Dea

(Adá

Desc

То

You

!