189388-1932-Ordinances-passed-and-assented-to--Summary-Offences-No-40-of-1932-Magistrates-No-41-of-1932-Registration-of-United-Kingdom-Patents--No-42-of-1932-Protection-of-Women-and-Girls-Amendment-No-43-of-1932 — Page 35

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

First Schedule. Form No. 28.

First Schedule. Forms

Nos. 29, 30 and 47.

Recovery of

civil debts. and costs.

42 & 43 Vict. c. 49, s. 6.

First Schedule. Form No. 61.:

Enforcing civil debt.

42 & 43 Vict.

c. 49, s. 35.

First

Schedule. Forms Nos. 62-69.

of distress for the said sum, a magistrate may cancel or mitigate the forfeiture on the person liable applying and giving security, to the satisfaction of the magistrate, for the future performance of the condition of the recognizance, and paying or giving security for payment of the costs incurred in respect of the forfeiture, or on such other conditions as the magistrate may think just.

(2) Where a recognizance conditioned to keep the peace, or to be of good behaviour, or not to do or commit some act or thing has been entered into by any person as principal or surety before a magistrate, any magistrate, on proof of the conviction of the person bound as principal by the recognizance of any offence which is in law a breach of the condition of the same, may by conviction adjudge the recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respectively bound.

(3) All sums paid in respect of a recognizance declared or adjudged by a magistrate in pursuance of this section to be forfeited shall be paid to the magistrates' clerk, and shall be paid and applied by him in such manner as the Colonial Treasurer may direct.

Civil debts.

60. A civil debt may be recovered on summons and enforced in the manner hereinafter provided; and the pay- ment of any costs ordered to be paid by the complainant or defendant in the case of any such complaint shall be enforced in like manner as such civil debt and not otherwise.

61.-(1) Any sum of money recoverable summarily as a civil debt within the meaning of this or any other Ordinance, or in respect of the recovery of which jurisdiction is given by such Ordinance to a magistrate, shall be deemed to be a sum for payment of which a magistrate has authority by law to make an order on complaint under this Ordinance: Provided as follows:-

(a) a warrant shall not be issued for apprehending any person for failing to appear to answer any such complaint; and

(b) an order made by a magistrate for the payment of any such civil debt as aforesaid or of any instalment thereof or for the payment of the costs in the matter of such

any complaint, whether ordered to be paid by the complainant or the defendant, shall not, in default of distress or otherwise, be enforced by imprisonment, unless it is proved, to the satisfaction of a magistrate, that the person making the default in payment of such civil debt, instalment or costs either has, or has had since the date of the order, the means to pay the sum in respect of which he has made default and has refused or neglected or refuses or neglects to pay the same, and in any such case the magistrate shall have power to imprison the defendant for any period not exceeding three weeks, unless the same shall be sooner paid.

(2) Proof of the means of the person making default may be given in such manner as the magistrate to whom application is made for commitment to prison may think just.

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