CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 296

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

86

7. Any security given under this Ordinance by an oral or written Form of security. acknowledgment may be in the form of an undertaking.

8.(1) The magistrates' clerk shall keep a security book, and shall Security enter therein, with respect to each security given in relation to any book. proceeding, the name and address of each person bound, showing whether he is bound as principal or as surety, the sum in which each person is bound, the undertaking or condition by which he is bound, the date of the security, and the person before whom it is taken.

(2) Where any such security is not entered into before a magistrate or before the magistrates' clerk, the person before whom it is entered into shall make a return thereof, showing the above particulars, to the magistrates' clerk.

(8) The security book, and any certified extract therefrom, shall be evidence of the several matters hereby required to be entered in the security book in like manner as if the security book were the register.

9.-(1) Not less than two clear days before a warrant of distress is Notice to issued for a sum due by a principal in pursuance of a forfeited security principal under the Ordinance, the magistrates' clerk issuing the warrant shall of forfeiture

of security. cause notice of the forfeiture to be served on the principal.

(2) Service of the notice may be effected either by prepaid letter sent

to the address mentioned in the security, or as service of a summons

may be effected under this Ordinance

10. An application under section 56 of this Ordinance shall be an Application application for a sumninons requiring the complainant to show cause to vary order why the order made on his complaint should not be varied.

for sureties.

11. When an order of commitment for non-payment of money is Payment by issued, the defendant may, at any time before he is delivered into the defendant." custody of the gaoler, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be discharg- ed, and, on receiving that amount, the officer shall discharge the defen- dout, and shall forthwith pay over the amount to the magistrates' clerk.

12. (1) The sum indorsed on the order of commitment as that on Discharge of payment of which the prisoner may be discharged may be paid to the prisoner on

payment. magistrates' clerk or to the gaoler in whose custody the prisoner is.

(2) Where it is paid to the clerk, he shall sign a certificate of the payment, and, on receiving the certificate by post or otherwise, the gaoler in whose custody the prisoner then is shall forthwith discharge the prisoner.

(3) Where it is paid to the gacler, he shall on payment to him of that amount, sign a certificate of the payment and discharge the prison- er and forthwith transmit the sum so received to the magistrates' clerk.

13. All costs incurred by the plaintiff or complainant in endeavouring Costs of to enforce an order shall, unless a magistrate otherwise orders, be plaintiff or enforceable by warrant of distress and sale or by imprisonment, without complainant in enforcing hard labour, not exceeding six weeks, unless the same shall be sooner urder. .paid.

Appeals.

stated.

14. In all cases of appeal to the Full Court on questions of law under Delivery of Part VI of this Ordinance, the party setting down the appeal for additional argument shall, at the time of setting down the appeal for argument copy of case and when the appeal is to be heard before two judges, furnish the Registrar with an additional copy of the case stated and of the deposi tions, if any, attached thereto; and if he fails to do so the other party to such appeal may, on the day following, deliver such copy as ought to have been delivered by the party making default; and the party making default shall not be heard until he has paid for such additional copy or deposited with the Registrar a sufficient sum to pay for such

copy,

15. Every case stated under Part VI of this Ordinance shall be Mode of divided into paragraphs which, as nearly as may be, shall be confined stating case.

to a distinct portion of the subject, and every paragraph shall be numbered consecutively.

16. The costs of drawing and copying any such case as aforesaid Costs of which does not in substance comply with the requirements of rule 15 drawing and of these rules shall not be allowed on taxation, unless the Full Court copying case.

or the judge before whom the appeal is heard specially so directs.

319

Hong Kong.

APPENDIX OF

FORMS.

FORM NO. 1.

IN THE POLICE Court at

Return of all fines and fees and other sums of money imposed or received showing their appropriation.

Amount where option is given.

NAMES OF PERSONS

CABE No.

CHARGED.

Fine.

Amende.

Whether committed to prison, bound over, whipped, cautioned or discharged or

FINES.

Revenue

Ordinary.

Reward

Arde.

payment deferred.

Fund.

jj

+

320

87

(8)

ሲነ

(9)

(0)

(4)

(8)

(z)

(1)

FORFEITURES.

Miscel-

Poor Box.

Fees.

Amends.

Ordinary.

Revente

Reward

laneotta

Receipts.

Arius.

Fund.

G.

....

J

09-

(14)

(15)

(ar)

(10)

(11)

(12)

(A)

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