655972-1890-Ordinance-10-of-1890-assented-to — Page 15

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THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

Special

provision sa

to warrants of

commitment

for non- payment of money and as to warrants of

distress. (42 & 43 V.

č. 49, s. 21.)

Security for

good behavi- our. (No. 10 of 1844, à. 29.)

Power to bind over to keep the peace, &c. to be exercised on complaint. (42 & 43 V. č. 49, s. 25.)

Power to reduce or vary security. (42 & 43 V. c. 49. #. 26.)

(7.) A Constable or other officer charged with the execution of a warrant of distress shall cause the distress to be sold and may deduct out of the amount realized by such sale all costs and charges actually incurred in effecting such sale and shall render to the owner the surplus (if any) after retaining the amount for which the warrant was issued and the proper costs and charges of the execution of the warrant.

(8.) Where a person pays or tenders to the constable or other officer charged with the execution of a warrant of distress the sum mentioned in the warrant or produces the receipt for the same of the Magistrate's clerk and also pays the amount of the costs and charges of such distress up to the time of such payment or tender, the constable or other officer shall not execute the warrant. 48. (1.) A Magistrate to whom application is made either to issue a warrant of distress for any sum adjudged to be paid by a conviction or order, or to issue a warrant for committing a person to prison for non-payment of a sum of money adjudged to be paid by a conviction, or in the case of a sum not a civil debt by an order, or for default of sufficient distress to satisfy any such sum, may, if he deem it expedient so to do, postpone the issue of such warrant until such time and on such conditions, if any, as to him may seem just.

(2.) The wearing apparel and bedding of a person and his family, and to the value of twenty-five dollars the tools and implements of his trade, shall not be taken under a distress issued by a Magistrate.

(3.) Where on application to a Magistrate to issue a warrant for committing a person to prison for non-payment of a sum adjudged to be paid by a conviction or in the case of a sum not a civil debt by an order or for default of sufficient distress to satisfy any such sum, it appears to the Magistrate to whom the application is made that either by payment of part of the said sum, whether in the shape of instalments or otherwise, or by the net proceeds of the distress, the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount adjudged to be paid by the conviction or order, would have subjected the de- fendant to a maximum term of imprisonment less than the term of imprisonment to which he is liable under such conviction or order, the Magistrate shall, by his warrant of commitment, revoke the term of imprisonment, and order the defendant to be imprisoned for a term not ex- ceeding such less maximum term instead of the term ori- ginally mentioned in the conviction or order. (XXIV., LIX.)

Recognisances, &c.

49. In all cases punishable on summary conviction the Magistrate may if he shall so think proper and whether the defendant shall be convicted or not order the defendant to enter into a recognisance with two sufficient sureties for his good behaviour and in such sum and for such term as the Magistrate shall think fit so as such sum do not exceed two hundred dollars nor such term twelve months.

50. The power of a Magistrate upon complaint of any person, to adjudge a person to enter into a recognisance and find sureties to keep the peace or to be of good beha- viour towards such first-mentioned person, (XXVIII.) shall be exercised by an order upon complaint, (xxvII.) and the provisions of this Ordinance shall apply accordingly, and the complainant and defendant and witnesses may be called and examined and cross-examined, and the complainant and defendant shall be subject to costs, as in the case of any other complaint.

The Magistrate may order the defendant, in default of compliance with such last mentioned order, to be impri- soned for a period not exceeding six months.

51. Where a person has been committed to prison by a Magistrate for default in finding sureties, a Magistrate may on application (xxx11.) made to him in manner di- rected by the rules in the 3rd Schedule hereto by such person or by some one acting on his behalf, inquire into the case of the person so committed, and if upon new evidence produced to such Magistrate or proof of a change of circumstances the Magistrate thinks fit having regard to all the circumstances of the case, that it is just so to do,

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