1964_MAGISTRATES_(FORMS)_RULES — Page 45

1984 Ed.]

Magistrates (Forms) Rules

[CAP. 227

C 45

[Subsidiary]

FORM 53

[s. 69.]

HONG KONG,

The

Warrant of distress where the defendant is discharged, but is ordered to pay damages or costs or both

IN THE MAGISTRATE's COURT AT

day of

19

(hereinafter called the defendant) was charged for

19

*

at

day

that he, on the

day of [state offence]; and on the hearing of the said charge, on the of

19

before

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 trivial a nature (or having regard to the character, antecedents, age, health or mental condition of the defendant or any other extenuating circumstances as the case may be,) that it was inexpedient to inflict any punishment, discharged the defendant but ordered that the defendant should pay

*for damages and*

+for

to

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".

FORM 54

[s. 65.]

HONG KONG.

Warrant of distress for sum due under recognizance

declared to be forfeited

IN THE MAGISTRATE'S COURT AT

To [insert name, etc., of officer where the person executing is not a police officer] and to each and all of the police officers of the said Colony.

*

day of

was, by his recognizance entered into on the 19

bound in the sum of

the condition of should [state condition of recognizance]. and, default having been made in compliance with the said condition, the said

19

the recognizance being that

recognizance was, on the

declared by the undersigned (or Colony to be forfeited; and the said

of the sum due under the said recognizance:

*

day of

*

Esquire), a magistrate of the said has made default in payment

Therefore you are hereby commanded forthwith to make distress of the goods of the said

except the wearing apparel and bedding of him and his family, and, to the value of twenty-five dollars, the tools and implements of his trade. and if, within the space of*

days next after the making of such distress. the sum of

being the sum stated at the foot of this warrant to be due under the said recognizance, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods by you distrained and pay the money arising therefrom to the magistrates' clerk, in order that it may be applied according to law, and that the overplus, if any, may be rendered on demand to the said

and if no such distress is found, to certify

the same to the said court, in order that further proceedings may be had according to law.

Dated this

day of

[L.S.]

Amount due under recognizance

Paid

Remaining due

Costs of issuing warrant

Total amount to be levied

19

$

Magistrate.

$

* N.B.-The goods are not to be sold until after the end of five clear days next following the day on which they are seized, unless the owner consents or unless the goods are perishable.

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