19
MAGISTRATES.
No. 3 of 1890
1890!
521
, both parties having appeared before me [or the said J... Esquire,], and the case having been duly heard and considered, and it was the said information [or complaint] not having been proved, it was therefore dismissed; and it was adjudged that the said A.B. should for his costs incurred by him in his defence in that behalf pay to the defendant the sum of ...; 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 ... 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 pay the money arising from such sale to the magistrates' 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.
Dated this [L.S.] day of ... 19...
(Signed.) Magistrate.
FORM NO. 45.
(s. 31.)
Warrant of distress where the charge is dismissed, but the person charged is ordered to pay damages or costs, or both.
HONGKONG.
IN THE POLICE COURT AT ...
the ... day of ... 19...
"C.D. (hereinafter called the defendant) was charged for that he, on the ... day of ..., 19..., at ... [state offence]; and on the hearing of the said charge, on the ... day of ..., 19..., before the undersigned [or J.P., Esquire, a magistrate of the said Colony], 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 defendant 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 daggers. In either case substitute "sum" for "sums".
Page 80
Page 81
19
MAGISTRATES.
No. 3 of 1890
1890!
521
, both parties having appeared before me [or the said J... Esquire,] and the case having been duly heard and considered, and t/was the said information [or complaint] not having been proved, it was therefore dismissed; and it was adjudged that the said A.B. should for his costs incurred by pay to the defendant the sum of 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 days next after the making of such distress space of 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 pay the money arising from such sale to the magistrates 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.
Dated this [L.S.]
day of
19
(Signed.)
Magistrate.
FORM NO. 45.
(s. 31.]
Warrant of distress where the charge is dismissed, but the person charged is ordered to pay damages or costs, or both.
HONGKONG.
the
The
day of
IN THE POLICE COURT AT
19
"
C.D. (hereinafter called the defendant was charged for that he, on
day of
>
>
,
19
at
>
>
[state offence]; and on the hearing of the said charge, on the
19 before the undersigned [or J.P., day of Esquire, a magistrate of the said Colony, 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
t any punishment, dismissed the information but ordered that the for damages and † for costs † ; defendant should pay to
and it was ordered that the said sums should be paid [as in order];
[Proceed as in warrant of distress on conviction for pine.]
Where no order to pay damages, omit words between asterisks. t. Where no order to pay costs,/omit words between daggers, In either case substitute
sum
for "sums."
Page 80Page 81
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