Amount of damages in certain cases.
11 & 12 Vict.
c. 44, s. 13.
Rules. Second Schedule.
Regulations as to costs and fees.
Repeal of Ordinances
No. 3 of
44
(4) If, in the opinion of the court, the plaintiff has not given the defendant a sufficient opportunity of tendering amends, before the commencement of the action, the court may award to the defendant costs to be taxed as between solicitor and client.
126. In any case where the plaintiff in any such action is entitled to recover, and he proves the levying or payment of any fine or sum of money under any conviction or order as part of the damages which he 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 im- prisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so con- victed or for non-payment of the sum which he was so ordered to pay.
PART VIII.
MISCELLANEOUS.
127. The rules in the Second Schedule shall be observed in carrying into effect this Ordinance.
128.—(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 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) A table of the fees and costs in force shall be hung up in some conspicuous part of the magistrates' court.
(3) 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.
129. The Magistrates Ordinance, 1890, the Magistrates Amendment Ordinance, 1926, the Magistrates Amendment 1890, No. 2 Ordinance, 1927, the Magistrates Amendment Ordinance, 1928, and the Magistrates Amendment Ordinance. 1931, are
of 1926, No. 23 of
1927, No. 16 hereby repealed.
of 1928 and
No. 21 of 1931.
Commence- ment.
130. This Ordinance shall come into operation on the first day of January, 1933.
Passed the Legislative Council of Hong Kong, this 8th day of December, 1932.
R. A C. NORTH, Deputy Clerk of Councils.
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