166
THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.
6. It is also an admitted fact, that
7. It was further stated, on behalf of the Respondent and admitted
by the said Appellant, that
8. For the purpose of enabling the said Court to determine the said questions raised between the said parties, the following further facts were stated and agreed upon between them, viz.:
(stating them).
9. (If it is desired to refer to a portion of the evidence by consent, insert the following paragraph:)-It is agreed that if either party shall wish to refer to
(a document or book) not set out in the body of this case, such party shall be at liberty so to do, and that for this purpose the said (docu- ment or book) shall be taken so far as it relates to the said to form part of this case.
10. It was contended on the part of the (Appellant), that (hero state the legal objection or objections to the findings on the facts taken by the defendant or his counsel.)
11. I, however, being of opinion that (here state the grounds upon which the Magistrate came to his determination, as), that the evidence given before me brought the case within the operation of the said section of the Ordinance (or Statute or as the case may be, the dismissal of the information or complaint, rejection of evidence offered, &e.) gave my determination against the Appellant in the manner before stated.
(If it is desired to refer to a portion of the evidence by consent insert following paragraph.)
12. The questions of law arising on the above statement for the opinion of this Court therefore are 1st whether &c., 2nd whether &c.
Dated the
18
day of
(Signed),
A Magistrate, &c.
[Seal.]
FORM LXXXIX.
Recognisance of Appeal.—(Sec. 107.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG.
(The form of recognisance will be the same as in form XXVIII. supra but the condition endorsed will be as follows :)
The condition of the within written recognisance is such that if the within bounden shall without delay prosecute a certain appeal to the Supreme Court from a conviction (or order) of J.P., Esquire, a Magistrate of this Colony bearing date the
day of whereby (here state effect of conviction or order) and further shall abide by and duly perform the order of the Supreme Court to be made upon the hearing of such appeal and shall pay such costs as may be awarded by the said Court (add if Appellant is liberated shall submit from custody) and further if the said
to the judgment of the said Court and shall within ten days from the date thereof appear before a Magistrate of this Colony to abide by the said judgment in case such conviction (or order) is not quashed, set aside or reversed), then the within written recognisance shall be void but otherwise shall remain in full force..
FORM XC.
Order to bring up Appellant in custody to enter into recognisance for appeal.-(Sec. 107.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG.
To the Superintendent of Victoria Gaol, Hongkong aforesaid. You are hereby ordered to bring A.B. now in your custody, before the undersigned a Magistrate of the said Colony or such Magistrate the day as may then be sitting at the said Police Court on
at the hour of
in the suret conditioned
of
that he may enter into a recognisance with
noon,
to appear and try an appeal from the conviction (or order) dated the
day of
of the undersigned (or J.P., Esquire,) a Magistrate of the said Colony, sitting at
and may be thereupon, if the Magistrate thinks fit, released from your custody.
Dated the
day of
(Signed),
A Magistrate, &c.
18
FORM XCI.
[Seal.]
Certificate of Registrar of the Supreme Court that the costs of an appeal are not paid.-(Sec. 112.)
REGISTRY, SUPREME COURT, HONGKONG. (Title of the Appeal.)
I hereby certify that at the sitting of the Full Court on the day of
last past, an appeal by A.B. against a conviction (or order) of J.P., Esquire, a Magistrate of this Colony. came on to be tried, and was then heard and determined, and the Full Court there- upon ordered that the said conviction (or order) should be confirmed (or quashed), and that the said (Appellant) should pay to the said (Respondent) the sum of
for his costs incurred by him on the said appeal, and which sum was thereby ordered to be paid instant, to me the undersigned on or before the day of
>
to be by me handed over to the said (Respondent); and I further certify that the said sum for costs has not, nor has any part thereof, been paid in obedience to the said order.
Dated the
(Signed),
day of
18
(Deputy) Registrar of the Supreme Court,
[Seal.]