654835-1890-Bill-The-Magistrates-Ordinance — Page 31

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THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

Non-suit or judgment or verdict for defendant in certain cases, (11 & 12 V. č. 44, &. 12.)

Damages. (11 & 12 V. č. 44, 18.)

Rules.

Regulations sa

to fees, &c. (11 & 12 V. c. 43, s. 30. 10 of 1844, 8.8. 17 &

18.)

*

in the said suit, he may obtain from any Judge of the Court in which such suit shall be brought an order that such money shall be paid out of Court to him with or without costs in the discretion of the Judge, and thereupon the said suit shall be determined, and such order shall be a bar te any other suit for the same cause.

124. If at the trial of any such suit the plaintiff shall not prove that such suit was brought within the time herein before limited in that behalf, or that such notice as aforesaid was given one calendar month before such suit was commenced, or if he shall not prove the cause of suit stated in such notice, then and in every such case, such plaintiff shall be non-suit, or there shall be a verdict and judgment for the defendant.

125. In all cases where the plaintiff in any such suit shall be entitled to recover, and he shall prove the levying or payment of any fine or sum of money under any conviction or order as part of the damages he seeks to recover, or if he prove that he was imprisoned under such conviction or order, and shall seek to recover damages for any such imprisonment, he shall not be entitled to recover the amount of such fine or sum so levied or paid, or any sum beyond the sum of five cents as damages for such im- prisonment, or any costs of suit whatsoever, if it shall be proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater pun- ishment than that assigned by law for the offence of which he was so convicted, or for non-payment of the sum he was so ordered to pay.

PART IX.

Provisions as to Rules and Fees.

126. The rules in the 3rd Schedule hereto shall be observed in carrying into effect this Ordinance.

127. Save as hereinbefore specially provided the fees. to be taken at the Magistrate's Court in all proceedings shall be according to the scale and table in use at the coming into operation of this Ordinance, but such scale and table may be altered, added to, amended and revoked and a new scale and tables made from time to time by the Governor in Council; and such additions, amendments and revocations and new scale and table shall not be binding and effectual until the same shall have been published in the Gazette. The said scale and table of fees and all additions thereto and amendments and revocations thereof shall be hung up in some conspicuous part of the Magistrate's Court; and it shall be lawful for any Magistrate to refuse to do any act for which any fee shall be payable, muless such fee shall be first paid and if any such act be done and the fee due thereon be not paid it shall be lawful for any Magistrate to summon the person from whom such fee shall be due and to recover the same by warrant and distress in manner hereinbefore provided for the recovery of fines.

SCHEDULES.

First Schedule-(Sec. 3.)

REPEALS.

Number and year

of Ordinance repealed.

No. 10 of 1844, No. 14 of 1845,

No. 5 of 1850, No. 4 of 1858, No. 3 of 1860, No. 2 of 1873, No. 18 of 1873,

No. 16 of 1875, No. 16 of 1887,

No. 8 of 1889,

Short title.

Extent of repeal.

Justices of the Peace, Good Order and Clean-

liness,

Justices of the Peace, Appeals from Justices,... Pawnbrokers,................. Minimum Punishments.. Oral Examination of

Prisoners,

Magistrates, Whipping,

The whole.

Section thirty-six. The whole. The whole. Section 22. The whole.

Sections 2, 3, and in section 6, the figure and words following: "II and” and “Ma- gistrate or." The whole.

J3

So much of the Ordi- nance as rclates to

the power of a Ma- gistrate to order whipping.

Magistrates(Amendment) The whole.