722
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c. 44 s. 13.
No. 3.] THE ORDINANCES OF HONGKONG : [A.D. 1890.
money under any conviction or order as part of the damages which he 11 & 12 Vict. seeks to recover, or if he proves that he was imprisoned under such conviction or order, and seeks to recover damages for such imprisonment, he shall not be entitled to recover the amount of such fine or sum so levied or paid, or any sum beyond the sum of five cents as damages for such imprisonment, or any costs of suit whatsoever, if it is proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum which he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted or for non-payment of the sum which he was so ordered to pay.
A.D. 1
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Making of
PART VIII.
MISCELLANEOUS PROVISIONS.
125. The rules in the Second Schedule to this Ordinance shall be observed in carrying into effect this Ordinance.
126. (1.) It shall be lawful for the Governor-in-Council to make regulations as to the fees to be taken, if any, at the Magistrates' Court
to costs and
fecs.
in respect of any proceedings or of the issuing, service, or execution of any process or otherwise, and as to the costs, if any, to be allowed for the attendance of witnesses or for legal assistance or otherwise, and to fix a scale of such fees and costs, and by regulation to exempt in any particular class of cases from the payment of such fees and costs or either of them.
(2.) It shall also be lawful for the Governor-in-Council from time to time to alter, add to, amend, or revoke such regulations or scale and to make new regulations and scales.
(3.) Such regulations and scales shall be published in The Gazette, and shall thereupon come into force on such day as may be therein declared.
(4.) A table of the fees and costs in force for the time being shall be hung up in some conspicuous part of the Magistrates' Court.
(5.) It shall be lawful for any Magistrate to refuse to do any act for which any fee is payable unless such fee has been paid; and if any such act is done and the fee due thereon is not paid, it shall be lawful for any Magistrate to summon the person from whom such fee may be due and to recover the same by warrant and distress in manner hereinbefore provided for the recovery of fines.
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