654835-1890-Bill-The-Magistrates-Ordinance — Page 10

THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

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(3.) A warrant of commitment shall not be held void by reason of any defect therein, if it be therein alleged that the offender has been convicted or ordered to do or abstain from doing any act or thing required to be done or left undone, and there is a good and valid conviction or order to sustain the same; and

(4) A warrant of distress shall not be deemed void by reason only of any defect therein, if it be therein alleged that a conviction or order has been made, and there is a good and valid convic- tion or order to sustain the same, and a person acting under a warrant of distress shall not be deemed a trespasser ab initio by reason only of any defect in the warrant, or of any irregu- larity in the execution of the warrant, but this enactment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in the execution of a warrant of distress, so however that if amends are tendered before suit or action brought, or if the suit or action is brought, are paid into Court in the suit or action, and the plaintiff does not recover more than the sum so tendered and paid into Court, the plaintiff shall not be entitled to any costs incurred after such tender, and the defendants shall be entitled to their taxed costs; and

(5.) All goods forfeited by order of a Magistrate may be sold or disposed of in such manner as the Magistrate may direct, and the proceeds of such sale shall be applied in the like manner as if the proceeds were a fine imposed under the Ordi- nance or Statute on which the proceeding for the forfeiture is founded.

29. In all proceedings under this part of this Ordinance the Magistrate at the hearing shall take in writing a full minute, so far as circumstances permit, (XIII) of the following matters, viz.:---

(1.) The nature of the complaint or information.

2) The names of the complainant, informant or prosecutor and of the defendant and of the re- spective witnesses on either side.

(3.) The evidence or depositions of the witnesses. (4.) Objections to the admissibility of evidence and whether the same have been allowed or dis- allowed.

Such minute shall, immediately after the close of the case, be handed to the Magistrate's clerk for safe custody.

30. (1.) The Magistrate's clerk shall keep a register of the minutes or memoranda of all the convictions and orders of the Magistrate or Magistrates, and of such other proceedings as are directed by the rules contained in the 3rd Schedule hereto to be registered, and shall keep the same in the form (LX.) in the 2nd Schedule hereto and with the particulars prescribed in the said form or rules.

(2.) Such register, and also any extract from such register certified by the clerk keeping the same to be a true extract, shall be primâ facie evidence of the matters entered therein for the purpose of informing a Magistrate or the Magistrates, but nothing in this section shall dis- pense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence.

(3.) The entries relating to each minute, memo- randum or proceeding shall be either entered or signed by the Magistrate or one of the Magistrates constituting the Court by or before whom the conviction or order or proceeding referred to in the minute or memorandum was made or had.

(4.) Every sum paid to the Magistrate's clerk in ac- cordance with this Ordinance, and the appropriation of such sum shall be entered and authenticated in such man- ner directed by the rules in the 3rd Schedule hereto.

(5.) Every such register shall be open for inspection, without fee or reward, by a Magistrate, or by any person authorised in that behalf by a Magistrate or by the Gov- ernor or Colonial Secretary.

Special Provisions.

31. If upon the hearing of a charge for an offence pun- ishable on summary conviction under this Ordinance, or under any other Ordinance or Statute whether past or future, the Magistrate thinks that though the charge is

Minutes of proceedings. (No. 10 of 1914,

B. 4.)

Register of cases to be kept. 142 & 43 V. c. 49, s. 22.)

lower to

discharge defendant without punishment. 742 & 43 V. c. 49, s. 18.)

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