654835-1890-Bill-The-Magistrates-Ordinance — Page 18

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THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY; 1890.

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 such Magistrate shall have power to imprison the defendant for any period not exceeding three weeks unless the same be sooner paid.

Proof of the means of the person making default may be

· given in such manner as the Magistrate to whom applica- tion is made for commitment to prison thinks just.

Scale of Imprisonment for non-payment of money, &c. 57. The period of imprisonment imposed by a Magis- trate exercising summary jurisdiction under this Ordinance or under any other past or future Ordinance or Statute in respect of the non-payment of any sum of money adjudged to be paid by a conviction, or in respect of the default of a sufficient distress to satisfy any such sum, shall, notwith- standing any enactment to the contrary in any past Ordi- nance or Statute be such period as in the opinion of the Magistrate will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale; that is to say :-

Where the amount of the sum or sums of money

adjudged to be paid by a conviction as ascertained by the conviction,

Does not exceed $1,

Exceeds $1 but does not exceed $3, Exceeds $3 but'does not exceed $10, Exceeds $10 but does not exceed $30, Exceeds $30 but does not exceed $100, Exceeds $100,................

The said period

shall not

exceed

..Seven days.

.Fourteen days. .One month. ...Two months. ...Three months. ..Four months.

And such imprisonment shall be without hard labour, except where hard labour is authorised by the Ordinance or Statute on which the conviction is founded, in which case the imprisonment may if the Magistrate thinks the justice of the case requires it, be with hard labour, so that the term of hard labour awarded do not exceed the term authorised by the said Ordinance or Statute.

Costs.

58. In all cases of summary conviction or of orders made by a Magistrate, except as in section 60 pro- vided, it shall be lawful for the Magistrate making the same, in his discretion, to award and order in and by such conviction or order that the defendant shall pay to the complainant or prosecutor respectively such costs as to such Magistrate shall seem just and reasonable in that behalf; and in cases where such Magistrate instead of convicting or making an order as aforesaid, shall dismiss the complaint or information, it shall be lawful for him in his discretion in and by his order of dismissal to award and order that the complainant or prosecutor respectively shall pay to the defendant such costs as to such Magistrate shall seem just and reasonable, and the sums so allowed for costs. shall in all cases be specified in such conviction or order or order of dismissal aforesaid, and the same shall be re- coverable in the same manner and under the same warrants as a fine or a sum of money adjudged to be paid in and by such conviction or order is to be recoverable and in cases where there is no such fine or sum to be thereby recovered, then such costs shall be recoverable by distress and sale of the goods and chattels of the party, and in default of such distress by imprisonment, with or without hard labour, for any time not exceeding one calendar month, unless such costs shall be sooner paid.

59. Where any complaint or information shall be dis- missed with costs, the sum which shall be awarded for costs in the order for dismissal may be levied by distress on the goods and chattels of the complainant or prosecutor and in default of distress or payment such complainant or pro- secutor may be committed to prison for any time not exceed- ing one calendar month, unless such sum, and all costs and charges of the distress, (the amount thereof being ascer- tained and stated in such commitment), shall be sooner paid. (XLIV., LVIII.),

60. Where a fine adjudged by a conviction by a Magis- trate to be paid does not exceed two dollars, then, except so far as the Magistrate may think fit to expressly order otherwise, an order shall not be made for payment by the defendant to the complainant or prosecutor of any costs; and the Magistrate shall, except so far as he thinks fit to expressly order otherwise direct all fees payable or paid by the complainant or prosecutor to be remitted or repaid to

Scale of imprisonment for non- payment of money. (42 & 43 V. 0. 49, 8, 5.)

Power to award costs, recoverable by distress. (11 & 12 V. c. 43, s. 18.)

Where prose cutor ordered to pay corta in default warrant may issue or he

may be committed. (11 & 12 V, c. 43, s. 26.)

Costs when Ane email. (42 & 43 V. c. 49, s. 8.)

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