655972-1890-Ordinance-10-of-1890-assented-to — Page 12

THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

36. Where any property has been taken from a person charged before a Magistrate with an offence punishable either on information to the Court or on summary convie- tion, a report shall be made by the Police on the charge sheet to the Magistrate of the fact of such property having been taken from the accused or defendant and of the par- ticulars thereof and the Magistrate may, if of opinion that the property or any portion thereof can be returned con- sistently with the interests of justice and with the safe custody of the accused or defendant, direct such property or any portion thereof to be returned to the accused or defendant or such other person as he may direct.

37. Every person who shall aid, abet, counsel or procure the commission of any offence which is or hereafter shall be punishable by a Magistrate on summary conviction shall be liable to be proceeded against and convicted for the same either together with the principal offender or be- fore or after his conviction and shall be liable to the same punishment and penalties as such principal is or shall be by law liable.

38. A Magistrate shall not, by cumulative sentences of imprisonment (other than for default of finding sureties) to take effect in succession in respect of several assaults committed on the same occasion, impose on any person imprisonment for the whole exceeding six months; but nothing in this section shall be deemed to affect the pro- visions hereinafter contained in section 83.

Committal and Distress Warrants.-(Forms XL. to LIX.)

39. Where a conviction (xv1.) adjudges a fine to be paid, or where an order requires the payment of a sum of money and by the Ordinance or Statute past or future authorising such conviction or order such fine or sum of money is to be levied upon the goods and chattels of the defendant by distress and sale thereof, and also in cases where by the Ordinance or Statute past or future in that behalf no mode of raising or levying such fine or sum of money, or of enforcing the payment of the same, is stated or provided, it shall be lawful for a Magistrate to issue his warrant of distress (XL., XLI.) for the purpose of levying the same, which said warrant of distress shall be in writing under the hand and seal of the Magistrate making the same: Provided always, that whenever it shall appear to the Magistrate to whom application shall be made for any such warrant of distress as aforesaid that the issuing thereof would be ruinous to the defendant and his family, or wherever it shall appear to such Magistrate, by the confession of the defendant or otherwise, that he hath no goods or chattels whereon to levy such distress, or whenever in the opinion of the Magistrate it is inexpedient to issue such warrant of distress, then and in every such case it shall be lawful for such Magistrate, if he shall deem fit, instead of issuing such warrant of distress, to commit such defendant to prison with or without hard labour, for such time and in such manner as by law such defendant might be so committed in case such warrant of distress had issued and no goods or chattels could be found whereon to levy such fine or sum and costs aforesaid.

40. Where a Magistrate shall issue any such warrant of distress it shall be lawful for him to suffer the defendant to go at large, or by a written warrant in that behalf, (LIV.) or verbally to order the defendant to be kept and de- tained in safe custody until return shall be made to such warrant of distress, unless such defendant shall give suffi- cient security, by recognisance or otherwise, to the satis- faction of such Magistrate, for his appearance before a Ma- gistrate at the time and place appointed for the return of such warrant of distress: Provided always, that in all cases where a defendant shall give security by recognisance as aforesaid, and shall not afterwards appear at the time and place in such recognisance mentioned, then the Magistrate then present may forthwith declare the same to be estreated in manner hereinafter provided.

41. If at the time and place appointed for the return of any such warrant of distress the constable or other officer who shall have had the execution of the same, shall return (XLIX.) that he could find no goods or chattels or no sufficient goods or chattels whereon he could levy the sum or sums therein mentioned, together with the costs of or occasioned by the levying of the same it shall be lawful for the Magis- trate before whom the same shall be returned to issue his

Return by Magistrate's order of property Taken from defendant. (42 & 43 V. c. 49, s. 44.)

Prosecution und punish- ment of aiders and abettors. (11 & 12 V. c. 43, B. 5.)

Cumulative Beatences not

to exceed six months. (42 & 43 V.

c. 49, s. 18.)

Warrants of Distress.

(1 & 17 V. c. 43, s. 19.)

After warrant Magistrate may allow defendant to go at large until return made to warrant. (11 & 12 V. c. 43 s. 20.)

In default of sufficient distress, defendant nag be committed to prison. (11 & 12 V. c. 43. u. 21.)

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