1216
Special
THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.
to warrant of
for non- payment of money and
54.--(1) A magistrate to whom application is made either provisions as to issue a warrant of distress for any sum adjudged to be paid commitment by a conviction or order, or to issue a warrant for committing a person to prison for non-payment of a sum of money adjudg- ed to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient distress to satisfy any such sum, may, if he deems it expedient to do 42 & 43 Vict. So, postpone the issue of such warrant until such time and c. 49, s. 21.
on such conditions, if any, as to him may seem just.
as to
warrant of distress.
First Schedule. Forms Nos. 24 and 59.
(2) The wearing apparel and bedding of a person and his family and, to the value of twenty-five dollars, the tools and implements of his trade shall not be taken under a distress issued by a magistrate.
(3) Where, on application made to a magistrate to issue a warrant for committing a person to prison for non-payment of a sum adjudged to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient stress to satisfy any such sum, it appears to the magistrate to whom the application is made that, either by payment of part of the said sum, whether in the shape of instalments or otherwise, or by the net proceeds of the distress, the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount adjudged to be paid by the conviction or order, would ave subjected the defendant to a maximum term of imprison- ment less than the term 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 exceeding such less maximum term instead of the term originally men- tioned in the conviction or order.
Exercise on complaint of power to bind over to keep the peace.
42 & 43 Vict. c. 49, s. 25.
First Schedule. Forms Nos. 27 and 28.
Power to reduce or
vary security.
Recognizances, etc.
55.1) The power of a magistrate, on complaint of any person, to adjudge a person to enter into a recognizance and find sureties to keep the peace or to be of good behaviour towards such first-mentioned person shall be exercised by an order upon complaint, 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.
(2) The magistrate may order the defendant, in default of compliance with such last-mentioned order, to be imprison- ed, without hard labour, for any term not exceeding six months.
56. Where a person has been committed to prison by a magistrate for default in finding sureties, a magistrate may, on application made to him in manner directed by the rules in 42 & 43 Vict. the Second Schedule by such person or by some one acting on c. 49, s. 26.
his behalf, inquire into the case of the person so committed, Second and if, on new evidence produced to the magistrate or proof Schedule.
of a change of circumstances, the magistrate thinks, having First Schedule.
regard to all the circumstances of the case, that it is just to Forms do so, he may reduce the amount for which it is proposed Nos. 32 and 33.
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.
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