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THE HONG KONG GOVERNMENT GAZETTE, APRIL 18, 1935.
(ii) in any case, in lieu of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal and in fixing, for the purposes of this sub-section, the amount of any costs to be paid to a party to an appeal shall have regard to his means.
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(2) The payment of costs ordered by the judge to be paid on any such appeal as aforesaid may be enforced as a civil debt recoverable on a magistrate's summons by the party to whom they are ordered to be paid, and shall not be enforced in any other manner.
forfeited
1181-(1) The following provisions of this section shall Provisions have effect in any case where a recognizance entered into as to in connection with any appeal to which this Ordinance applies recogniz has become forfeited.
(2) (a) The Registrar shall, during or after the hearing of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so, state the cause why each such person has therein made default.
(b) The list or lists so made shall be examined, and, if necessary, corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the Supreme Court or his deputy, and thereupon payment of the sum due by the recognizance shall, save as hereinafter in this section provided, be enforced in the manner provided for the enforcing of recognizances by sections 99 to 102 of the Criminal Procedure Ordinance, 1899.
(3) The judge may, in lieu of signing a list in accordance with sub-section (2), make an order wholly discharging the recognizance, or he may before so signing the list, make an order reducing the amount due under the recognizance to such amount as he thinks fit, and thereupon the reduced amount shall, for the purposes of the said sub-section (2), be deemed to be the amount of the sum forfeited in respect of the recognizance.
(4) The judge, unless he makes an order wholly dis charging the recognizance
(a) shall, at the time when he signs it as aforesaid, make an order fixing the term of imprisonment which the person bound by the recognizance is to undergo if any sum due in respect thereof is not duly paid and cannot be recovered by distress; and
(b) may at the same time make an order directing that the sum due in respect of the recognizance be paid on some future date specified in the order, or that the said sum be paid by instalments of such amount, on such dates respectively, as may be so specified.
(5) Any order under paragraph (b) of sub-section (4) postponing the payment of any sum due in respect of a recognizance, shall operate as a direction to the Registrar to proceed with the enforcement of payment of the sum due in respect of the recognizance only if and when default is made in complying with the order.
ances.
23 & 24 Geo. 5, c. 38, s. 6.
Ordinance No. 9 of
1899.
519