654835-1890-Bill-The-Magistrates-Ordinance — Page 59

164 THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

PART IV.-FORMS FOR INDICTABLE OFFENCES TRIABLE SUMMARILY.

FORM LXXXIII.

Summary Conviction for indictable offences.-[Secs, 80, 81 (3)]

IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG,

Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said Police Court.

The

day of

IS

at

A.B. (hereinafter called the defendant), having been charged for that be on the day of

(state offence) and the Magistrate having determined to try the case summarily; the defendant is this day convicted of the said offence, and it is adjudged that he do pay (or that he be imprisoned, insert particulars) for his said offence (proceed as in ordinary forms of summary conviction).

Dated the

day of

(Signed),

A Magistrate, &c.

18

FORM LXXXIV.

[Seal.]

Order of Dismissal where an indictable offence has been tried summarily.-[Sec. 81 (4).]

IN THE POLICE COURT AT VICTORIA IN THE COLONY

OF HONGKONG.

Before J. P.. Esquire, a Magistrate of the said Colony. A.B. (hereinafter called the defendant) having been charged on the information of

for that he on the (state offence)

day of and

18 . at the Magistrate having determined to try the case summarily; And the matter of the said charge having been duly considered by the said Magistrate, it manifestly appears to him that the said charge is not proved: Therefore the said information is hereby dismissed: And it is ordered that the informant pay to the defendant the sum of

. for costs forthwith (or on the

day of

). And if default is made (preered as in a conviction for fine to be levied by distress).

(Signed),

A Magistrate, &c.

[Seal.]

PART V-APPEAL FORMS.

FORM LXXXV.

Application to Magistrate to state a case—(Sec. 99.)

IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG.

To J.P., Esquire, a Magistrate of the said Colony.

In the matter of an information (or complaint) wherein (1 the un- dersigned) C.D. was informant (or prosecutor or complainant) and A.B. was defendant, beard and determined before you at the said Police Court on the

day of

:

Being dissatisfied with your determination upon the hearing of the above information (or complaint) and being aggrieved thereby as being erroneous in point of law I hereby pursuant to section 99 of "The Magistrates Ordinance, 18 make application to you to. state and sign a case setting forth the facts and ground of such your determination in order that I may appeal therefrom to the Supreme

Court.

Dated the day of

18

(Signed),

C.D. of &c.

FORM LXXXVI,

Magistrate's Certificate for leave to appeal by way of re-hearing.—

(Sec.

IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG, day of

18

an information (herein-

Whereas on the (or complaint) preferred by C.D. against A,B, of after called the defendant) for that (&c., as in the information com. plaint or summens), was heard and determined by me the under- signed a Magistrate of the said Colony and the defendant was before me duly convicted of the said offence and was adjudged (or the de- fendant was ordered to pay the said C.D. the sum of ), (here state the adjudication of fine sum or imprisonment and costs as in a' conviction or order or if dismissed; and thereupon the said inform- ation (er complaint) was disinissed and if so the said C.D. was or- for his costs in- dered to pay to the defendant the sum of curred by him in his defence in that behalf (conclude as in the order of dismissal).

And whereas the defendant (or C.D.) being dissatisfied with the said determination and alleging that he is aggrieved thereby as being. erroneous in point of fact and hath applied to me pursuant to section 104 of "The Magistrates Ordinance, 18 for leave to appeal to the Full Court by way of re-hearing. Now I do hereby certify that I have granted such leave accordingly.

18

Dated the

day of

(Signed).

A Magistrate, &c.

[Seal.]