1282
THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.
Form of security.
Security book,
Notice to principal of forfeiture
of security.
Application to vary order
for sureties.
Payment by defendant.
Discharge of prisoner on payment.
7. Any security given under this Ordinance by an oral or written acknowledgment may be in the form of an undertaking.
8.-(1) The magistrates' clerk shall keep a security bock, and shall enter therein, with respect to each security given in relation to ing proceeding, the name and address of each person bound, showing whether he is bound as principal or as surety, the sum in which each person is bound, the undertaking or condition by which he is bound, the date of the security, and the person before whom it is taken.
(2) Where any such security is not entered into before a magistrate or before the magistrates' clerk, the person before whom it is entered into shall make a return thereof, showing the above particulars, to the
agistrates' clerk.
(3) The security book, and any certified extract therefrom, shall be evidence of the several matters hereby required to be entered in the security book in like manner as if the security book were the register.
9.-(1) Not less than two clear days before a warrant of distress is issued for a sum duc by a principal in pursuance of a forfeited security under the Ordinance, the magistrates' clerk issuing the warrant shall cause notice of the forfeiture to be served on the principal.
(2) Service of the notice may be effected either by prepaid letter sent to the address mentioned in the security, or as service of a summons may be effected under this Ordinance
10. An application under section 56 of this Ordinance shall be an application for a sumninons requiring the complainant to show cause why the order made on his complaint should not be varied.
11. When an order of commitment for non-payment of money is issued, the defendant may, at any time before he is delivered into the custody of the gaoler, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be discharg- ed, and, on receiving that amount, the officer shall discharge the defen- dant, and shall forthwith pay over the amount to the magistrates' clerk.
12.-(1) The sum indorsed on the order of commitment as that on payment of which the prisoner may be discharged may be paid to the magistrates' clerk or to the gaoler in whose custody the prisoner is.
(2) Where it is paid to the clerk, he shall sign a certificate of the payment, and, on receiving the certificate by post or otherwise, the gaoler in whose custody the prisoner then is shall forthwith discharge the prisoner.
(3) Where it is paid to the gacler, he shall on payment to him of that amount, sign a certificate of the payment and discharge the prison- er and forthwith transmit the sum so received to the magistrates' clerk.
13. All costs incurred by the plaintiff or complainant in endeavouring Costs of plaintiff or
to enforce an order shall, unless a magistrate otherwise orders, be complainant enforceable by warrant of distress and sale or by imprisonment, without in enforcing hard labour, not exceeding six weeks, unless the same shall be sooner
paid.
order.
Delivery of additional ropy of case stated.
Mode of stating case.
Costs of drawing and copying case.
Appeals.
14. In all cases of appeal to the Full Court on questions of law under Part VI of this Ordinance, the party setting down the appeal for argument shall, at the time of setting down the appeal for argument and when the appeal is to be heard before two judges, furnish the Registrar with an additional copy of the case stated and of the deposi- tions, if any, attached thereto; and if he fails to do so the other party to such appeal may, on the day following, deliver such copy as ought to have been delivered by the party making default; and the party making default shall not be heard until he has paid for such additional copy or deposited with the Registrar a sufficient sum to pay for such сору.
15. Every case stated under Part VI of this Ordinance shall be divided into paragraphs which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively.
16. The costs of drawing and copying any such case as aforesaid which does not in substance comply with the requirements of rule 15 of these rules shall not be allowed on taxation, unless the Full Court or the judge before whom the appeal is heard specially so directs.