654835-1890-Bill-The-Magistrates-Ordinance — Page 62

THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

Third Schedule Rules-(Sec. 126.)

Summary Proceedings.

1. Where in pursuance of any Ordinance or Statute a Magistrate specially directs the appropriation of a fine, the Ordinance or Statute under which the appropriation is made shall be set forth in the re- gister required to be kept in pursuance of "The Magistrates Ordinance 18 (which is hereinafter in these rules referred to as the Ordinance) and authenticated by the signature of one of the Magistrates.

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2. The return referred to in section 30 sub-section 4 of the Ordi- nance shall contain the particulars required to be entered in the re- gister. The Magistrate signing any such return shall cause it to be delivered to the Magistrate's clerk and he shall enter the return in the register.

3. The account to be rendered by the Magistrate's clerk of fines, fees and other sums received by him under the Ordinance shall be rendered quarterly or at any less interval as may be directed by the Colonial Treasurer and shall be in form 1 at foot of these rules.

4. All fines imposed by a Magistrate shall appear in the last men- tioned account in chronological order, and where payment is deferred or to be made by instalments, the fact shall be shewn in the column headed "Remarks." When the whole of the sum has been paid or recovered by distress, or the term of imprisonment imposed in default of payment or of sufficient distress has expired, the Magistrate's clerk shall then enter the sum in the account. Provided that, though the whole of the sum may not have been paid or recovered, the in- stalments received shall be accounted for at such times and in such manner as the Colonial Treasurer may direct.

5. Where a Magistrate's clerk renders an account in the required or authorised form to the authority to whom he is required to render it, he shall not be required to render any other account relating to the same particulars.

6. The Magistrate's clerk shall enter on the day of its receipt each sum of money received by him on any account whatever. Each instalment so received shall be entered in a book called the Instal- ment Ledger, to an account to be opened in respect of the proceed- ing in which the sum is paid.

7. The Magistrate's clerk shall send on the 10th January, April, July and October, in each year, to the Colonial Secretary a certified statement in the form 2 at foot of these rules of all fines which have been imposed by the Magistrate during the previous three months, and which are payable wholly or in part to the Colonial Treasurer. If no such fines have been imposed, the statement shall be certified in blank,

8. Where a Magistrate has enforced payment of any sum due by a principal in pursuance of a security under the Ordinance which ap- pears to the Magistrate to be forfeited, the sum shall be paid to the Magistrate's clerk and shall be paid and applied by him in the man- ner in which fines imposed by a Magistrate in respect of which fines no special appropriation is made, are payable and applicable.

9. Any security given under the Ordinance by an oral or written acknowledgement, may be in the form of an undertaking.

10. The Magistrate's clerk shall keep a security book, and shall enter therein, with respect to each security given in relation to any proceeding, the name and address of each person bound, shewing whether he is bound as principal or as surety, the sum in which each person is bound, the undertaking or condition by which he is bound, the date of the security, and the person before whom it is taken. Where any such security is not entered into before a Magistrate, or before the Magistrate's clerk, the person before whom it is entered into shall make a return of it, shewing the above particulars to the Magistrate's clerk. The security book, and any certified extract therefrom, shall be evidence of the several matters hereby required to be entered in the security book in like manner as if the security book were the register.

11. Not less than two clear days before a warrant of distress is issued for a sum due by a principal in pursuance of a forfeited security under this Ordinance, the Magistrate's clerk issuing the warrant shall cause notice of the forfeiture to be served on the principal. Service of the notice may be effected either by prepaid letter sent to the address mentioned in the security, or as service of a summons may be effected under the Ordinance.

12. An application under section 51 of the Ordinance shall be an application for a summons requiring the complainant to shew cause why the order made on his complaint should not be varied.

13. When an order of commitment for non-payment of money is issued, the defendant may, at any time before he is delivered into the custody of the gaoler, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be discharged, and on receiving that amount the officer shall dis- charge the defendant, and shall forthwith pay over the amount to the Magistrate's clerk.

14. The sum indorsed on the order of commitment as that on pay. ment of which the prisoner may be discharged may be paid to the Magistrate's clerk or to the gaoler in whose custody the prisoner is. Where it is paid to the clerk, he shall sign a certificate of the pay- ment, and upon receiving the certificate by post or otherwise, the gaoler in whose custody the prisoner then is shall forthwith dis- charge the prisoner. Where it is paid to the gaoler, he shall, on pay. ment to him of that amount, sign a certificate of the payment and discharge the prisoner and forthwith transmit the sum so received to the Magistrate's clerk.

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