654835-1890-Bill-The-Magistrates-Ordinance — Page 12

THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

(2.) A person making default in complying with an order of a Magistrate in relation to any matter arising under any future Ordinance or Statute other than the payment of money shall be punished in the prescribed manner, or if no punishment is prescribed, may, in the discretion of the Magistrate, be ordered to pay a sum not exceeding five dollars for every day during which he is in default, or to be imprisoned until he has remedied his default.

Provided that a person shall not, for non-compliance with the requisition of a Magistrate whether made by one or more orders, to do or abstain from doing any act or thing, be liable under this section to imprisonment for a period or periods amounting in the aggregate to more than two months, or to the payment of any sums exceeding in the aggregate one hundred dollars.

35. The Magistrate by whose conviction or order any sum is adjudged to be paid may do all or any of the fol- lowing things, viz.:—

(1.) Allow time for the payment of the said sum. (2.) Direct payment to be made of the said sum by

instalments, and

(3.) Direct that the person liable to pay the said sum shall be at liberty to give to the satisfaction of a Magistrate or such person as may be specified by the Magistrate adjudging the money to be paid, security with or without a surety or sureties for the payment of the said sum or of

any instal- ment thereof, and such security may be given and enforced in manner provided by this Ordi-

nance.

Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid. A Magistrate directing the payment of a sum or of an instalment of a sum may direct such payment to be made at such time or times, and in such place or places and to such person or persons, as may be specified by such Magistrate and every person not being the Magistrate's clerk to whom any such sum or instalment is paid, shall as soon as may be account for and pay over the same to such clerk. (xv. to XXI.).

36. Where any property has been taken from a person charged before a Magistrate with an offence punishable either on information to the Court or on summary convic- tion, a report shall be made by the Police to the Magistrate of the fact of such property having been taken from the accused or defendant and of the particulars thereof and the Magistrate shall, if of opinion that the property or any portion thereof can be returned consistently with the inte- rests of justice and with the safe custody of the accused or defendant, direct such property or any portion thereof to be returned to the accused or defendant or such other per- son as he may direct.

37. Every person who shall aid, abet, counsel or procure the commission of any offence which is or hereafter shall be punishable by a Magistrate on summary conviction shall be liable to be proceeded against and convicted for the same either together with the principal offender or be- fore or after his conviction and shall be liable to the same punishment and penalties as such principal is or shall be by law liable.

38. A Magistrate shall not, by cumulative sentences of imprisonment (other than for default of finding sureties) to take effect in succession in respect of several assaults committed on the same occasion, impose on any person imprisonment for the whole exceeding six months; but nothing in this section shall be deemed to affect the pro- visions hereinafter contained in section 83.

Committal and Distress Warrants.-(Forms XL. to LIX.)

39. Where a conviction (xvI.) adjudges a fine to be paid, or where an order requires the payment of a sum of money and by the Ordinance or Statute past or future authorising such conviction or order such fine or sum of money is to be levied upon the goods and chattels of the defendant by distress and sale thereof, and also in cases where by the Ordinance or Statute past or future in that behalf no mode of raising or levying such fine or sum of money, or of enforcing the payment of the same, is stated or provided, it shall be lawful for a Magistrate to issue his warrant of distress (XL., XLI.) for the purpose of levying

Payment by instalments

or security. (Ibid., &. 7.)

Return by Magistrate's order of property taken from defeudant. (42 & 43 V. C. 49, B..44.)

Prosecution and punish- meul of aidera and abottora. (11 & 12 V. c. 43, s. 5.)

Cumulative sentences not to exceed six months. (42 & 13 Y. c. 49, s. 18.)

Warrants of Distress.

(11 & 12 V. c. 43, s. 19.)

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