THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.
fendant to a maximum term of imprisonment less than the terin of imprisonment to which he is liable under such conviction or order, the Magistrate shall, by his warrant of commitment, revoke the term of imprisonment, and order the defendant to be imprisoned for a term not ex- ceeding such less maximum term instead of the term ori- ginally mentioned in the conviction or order. (xXIV., LIX.)
Recognisances, &c.
49. In all cases punishable on summary conviction the Magistrate may upon conviction of the defendant either in addition to or in lieu of any other punishment order the defendant to enter into a recognisance with two sufficient sureties for his good behaviour and in such sum and for such term as the Magistrate shall think fit so as such sum do not exceed two hundred dollars nor such term twelve months. And the Magistrate may order the defendant in default of compliance with such last mentioned order to be imprisoned for a period not exceeding six months.
50. The power of a Magistrate upon complaint of any person, to adjudge a person to enter into a recognisance and find sureties to keep the peace or to be of good beha- viour towards such first-mentioned person, (XXVIII.) shall be exercised by an order upon complaint, (xxvII.) and the provisions of this Ordinance shall apply accordingly, and the complainant and defendant and witnesses may be called and examined and cross-examined, and the complainant and defendant shall be subject to costs, as in the case of any other complaint.
The Magistrate may order the defendant, in default of compliance with such last mentioned order, to be impri- soned for a period not exceeding six months.
51. Where a person has been committed to prison by a Magistrate for default in finding sureties, either Magistrate may on application (XXXII) made to him in manner di- rected by the rules in the 3rd Schedule hereto by such person or by some one acting on his behalf, inquire into the case of the person so committed, and if upon new evidence produced to such Magistrate or proof of a change of circumstances the Magistrate thinks fit having regard to all the circumstances of the case, that it is just so to do, he may reduce the amount for which it is proposed the sureties or surety should be bound, or dispense with the sureties or surety, or otherwise deal with the case as he may think just. (XXXIII.)
52. When a Magistrate has fixed, as respects any re- cognisance, the amount in which the principal and the sureties (if any) are to be bound, the recognisance, not- withstanding anything in this or any past Ordinance or Statute need not be entered into before such Magistrate but may subject to the rules in the 3rd Schedule hereto be entered into by the parties before the other Magis- trate or before the Magistrate's clerk or before a Su- perintendent or Inspector of Police or other officer of Police of equal or superior rank or where any of the parties is in prison before the Superintendent thereof and there- upon all the consequences of law shall ensue and the pro- visions of this Ordinance with respect to recognisances taken before a Magistrate shall apply as if the recognisance had been entered into before a Magistrate as heretofore by law required.
53. (1.) A person shall give security under this of
part the Ordinance, whether as principal or surety, either by the deposit of money with the Magistrate's clerk or by an oral or written acknowledgment (v., XXXIV.) of the under- taking or condition by which and of the sum for which he is bound and evidence of such security may he provided by entry thereof in the register under this Ordinance of the proceedings of the Magistrates.
(2.) Any sum which may become due in pursuance of a security under this part of the Ordinance from a surety shall be recoverable summarily in manner directed by this Ordinance with respect to a civil debt on complaint by a constable or by the Magistrate's clerk or by some other person authorised for the purpose by a Magistrate.
(3.) A Magistrate may enforce payment of any sum due by a principal in pursuance of a security under this part of the Ordinance which appears to him to be forfeited, in like manner as if that sum were adjudged to be paid as a fine, if the security was given for a sum adjudged by a conviction (XLVIII.), and in any other case in like man- ner as if it were a sum adjudged to be paid as a civil debt; provided that before a warrant of distress for the sum is
Security for good behavi- our. (No. 10 of 1844, s. 22.)
Power to bind over to keep the peace, &c. to be exercised on complaint. (42 & 43 V. c. 49, 8.25.)
Power to
reduce or vary security.
(42 & 43 V.
c. 49, &. 26.)
Recognisancea taken out of Court.
(42 & 13 V. c. 49, s. 42.)
Security how to be given. (42 & 43 V.
c. 49, s. 23.)
Recovery of moneys due under sceu- rity.
Enforcing payment against prin- cipal.
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