the-ordinances-of-the-legislative-counci-1890v2 — Page 656

12-16 [ 10 of 1890. ] MAGISTRATES .


FORM XL .
Warrant of distriss on conviction for fine with or without costs or
dumages, or for costs or damages without fine.- ( Sec . 39.)

IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF Hoxgkong .
To ( insert name, 8c. of officer where the person executing is not a constable)
and to each and all of the Constables of the said Colony.
A.B. (hereinafter called the defendant) was on the day of
convicted before the undersigned (or J.P. , Esquire ,) a Magistrate
of the said Colony, sitting at for that he (state offence ),
and it was adjudged that the defendant should for his said offence forfeit
#
and pay * ( amount of fine ), and should also pay to the said
the sum of for compensation and for costs, and it was ordered
that the said sums should be paid (&c ., as in the conviction ), and that if
default should be made in payment according to the said adjudication and
order, the sum dne 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 to forth with make distress of the
goods of the defendant ( except the wearing apparel and bedding of him and
his family, and, to the value of $25, 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 dne under the said adjudication and order, 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 Magistrate's clerk, in order that it may be applied
according to law , and that the overplus, if any, may be rendered on demand
to the defendant, and if no such distress can be found, to certify the same to
me or to the other Magistrate, in order that further proceedings may be had
according to law .
Dated the day of 18

[ Seal . ]
( Signed ),
A Magistrate, & c . ,

Cts.
Amount adjudged ,
Paid ,

Remaining due
Costs of issuing this warraut,
Total amount to be levicu ,


* Omit direction as to payment of fine, or compensation, or costs, as the case requires,
† N.B. - The goods are not to be sold until after the end of five clear days next follow
ing the day on which they are scized , unless the defendant consents or unless the goods
are perisabile.