1094
THE HONGKONG GOVERNMENT GAZETTE, SтH JULY, 1899.
failing to
observe conditions of his
50 & 51 Vier. 4. 25, s. 2.
conditions of his recognizance, súch Magistrate or the Court may issue a warrant for his apprehension.
(2.) An offender, when apprehended on any such warrant, recognizance, shall, if not brought forthwith before the Court, be brought before a Magistrate, and the Court or Magistrate may either remand him, by warrant, until the time at which he was required by his recognizance to appear for sentence or until the next session of the Court, or may direct him to be released upon his entering into a recognizance, with or without a surety or sureties, conditioned for his appearance to receive sentence.
Conditions as
to abode of
(3.) An offender, when remanded on any such warrant, may be committed to prison, and the warrant of remand shall order that he be brought before the Court to be dealt with according to law.
93. The Court, before directing the release of an of- fender under section 96, shall be satisfied that the sureties, offender, etc. if any, have fixed places of abode or regular occupation in
50 & 51 Vict.
c. 25, s. 3.
Preparation of
default on
B. G. Ordi- nance, s. 220, See 7 Geo. 4, c. 64, . 31.
the Colony.
Enforcing Recognizance.
99.-(1.) The Registrar shall, before the close of the list of persons last day's sitting of the Court on each occasion of its session, making make out a list of all persons bound by recognizance to recognizance, appear or to do any other thing, or who have been bound for the appearance of any other person or for his doing any other thing, at the said session of the Court, and who have made default, or whose principal, or other person for whom they are so borul, has made default to appear or to do such other thing at the said session of the Court; and the Registrar shall, if he is able to do so, state the cause why such default has been made.
Issue of writ
B. G. Ordi- mane, s. 221.
(2.) The list so made out shall be examined, and, if necessary, corrected, and signed by the Judge, and shall be delivered by the Registrar to the Bailiff.
100. A writ of execntion shall be issued from the Office of execution. of the Registrar against every such person who is liable on a recognizance in respect of any such default, and shall be delivered to the Bailiff; and such writ shall be the author- ity of the Bailiff for levying and recovering such forfeited recognizance on the real and personal property of such per- sou, and for taking into custody the body of such person, în case sufficient real or personal property is not found whereon levy may be made.
Apprehension
making
R. G. Ordi- nance, s. 222.
101. Every person who is arrested under the provisions and detention of the last preceding section shall be committed to prison of person and be there kept until the next session of the Court, there default where to abide the decision of the Court, nuless in the meantime recognizance the forfeited recognizance, or a sum of money in lien or is unsatisfied. satisfaction thereof, is paid, together with all costs and ex- peuses in consequence of his arrest and detention: Pró- vided that if any person so arrested and imprisoned gives, to the Bailiff good and sufficient bail for his appearance at the next session of the Court, to abide the decision of the Court, and for the payment of the forfeited recognizance or of a sum of money in lieu or satisfaction thereof, toge- ther with such costs as may be awarded by the Court, then it shall be lawful for the Bailiff, and he is hereby required, forthwith to cause such person to be discharged out of custody.
Failure of such person when released to appear at next session
102. If such person fails to appear at the next session of the Court in pursuance of his undertaking in that behalf, the Court may order that a writ of execution be issued from the Office of the Registrar against the surety or of the Court, sureties of the person so bound as aforesaid, and such writ shall be delivered to the Bailiff, who shall proceed as therein directed: Provided that the Court may, in its dis- cretion, order the discharge of the whole or any part of the forfeited recognizance, or of the sum of money paid or to be paid in lieu or satisfaction thereof.
B. G, Ordi- baner, s.
Proceedings
Fines, Forfeitures, and Contempts.
103.--(1.) The Bailiff shall, without further warrant against person or authority, arrest any person upon whom any fiue has fined by the been imposed by the Court, or by whom any forfeiture has been incurred and who is adjudged to pay the same by the Court, and such person shall thereupon be detained in custody in a Prison until the fine or forfeiture imposed on
Court.
B. G. Ordi-
nance, s. 224.