654835-1890-Bill-The-Magistrates-Ordinance — Page 17

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THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

Recovery of sums paid by surety.

Enforcing

payment of monoy 8e-

eured.

Enforcing recognisance

for

appearance, (42 & 43 V. c. 49, s. 9.)

Enforcing recognisance

to keep the peace, &c.

Application of sums in respect of forfeited recognisances.

Civil debts recovery and costs. (42 & 43 V.

c. 49, s. 6.)

Enforcing Civil debt. (42 & 43 V. c. 49, s. 35.)

issued, notice (v1.) of the forfeiture shall be served on the said principal, in manner prescribed by the rules in the 3rd Schedule hereto.

(4.) Any sum paid by a surety on behalf of his principal in respect of a security under this part of the Ordinance, together with all costs, charges and expenses incurred by such surety in respect of that security, shall be deemed a civil debt due to him from the principal, and may be re- covered before a Magistrate in manner directed by this Ordinance with respect to the recovery of a civil debt which is recoverable summarily.

(5.) Where security is given under this part of the Ordi- nance for payment of a sum of money, the payment of such sum shall be enforced by means of such security in substi- tution for other means of enforcing such payment.

54. (1.) Where a recognisance (v.) is conditioned for the appearance of a person before a Magistrate or for his doing some other matter or thing to be done before or by order of a Magistrate or in a proceeding before a Magis- trate, such Magistrate if the said recognisance appears to him to be forfeited, may declare the recognisance to be forfeited and enforce payment of the sum due under such recognisance in the same manner as if the sum were a fine adjudged by a Magistrate to be paid and the amount of the same were ascertained by a conviction (XLVI.): Provided that at any time before the sale of goods under a warrant of distress for the said sum, a Magistrate may cancel or mitigate the forfeiture (XXXI.) upon the person liable ap- plying and giving security (xxxv.) to the satisfaction of the Magistrate for the future performance of the condition of the recognisance, and paying or giving security for pay- ment of the costs incurred in respect of the forfeiture, or upon such other conditions as the Magistrate may think just.

(2.) Where a recognisance (XXVIII.) 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, either Magistrate. upon proof of the conviction of the person bound as principal by such recognisance of any offence which is in law a breach of the condition of the same, may by conviction adjudge such recognisance 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 (xxix., XXX., XLVII.)

(3.) All sums paid in respect of a recognisance declared or adjudged by a Magistrate in pursuance of this section to be forfeited shall be paid to the Magistrate's clerk, and shall be paid and applied by him in the manner in which fines imposed by such Magistrate, in respect of which fines no special appropriation is made, are payable and applicable.

Civil Debts.

55. A civil debt may be recovered on summons (LXI.) and enforced in the manner hereinafter provided : and the payment 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 other- wise.

56. Any sum of money recoverable summarily as a civil debt within the meaning of this or any future 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 (LXII. to LXIX.): Provided as follows:-

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

(2.) 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 any such complaint whether or- dered to be paid by the complainant or defendant shall not in default of distress or otherwise be enforced by imprisonment unless it be proved to the satisfaction of a Magistrate that the person making 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