655972-1890-Ordinance-10-of-1890-assented-to — Page 16

F

THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

he may reduce the amount for which it is proposed the sureties or surety should be bound, or dispense with the sureties or surety, or otherwise deal with the case as he may think just. (XXXII)

52. When a Magistrate has fixed, as respects any re- cognisauce, the amount in which the principal and the sureties (if any) are to be bound, the recognisance, not- withstanding anything in this or any past Ordinance or Statute need not be entered into before such Magistrate but may subject to the rules in the 3rd Schedule hereto be entered into by the parties before another Magis- trate or before the Magistrate's clerk or before a Su- perintendent or Inspector of Police or other officer of Police of equal or superior rank or where any of the parties is in prison before the Superintendent thereof and there- upon all the consequences of law shall ensue and the pro- visions of this Ordinance with respect to recognisances taken before a Magistrate shall apply as if the recognisance had been entered into before a Magistrate as heretofore by law required.

Recognisances

taken out of Court

(42 & 43 V. c. 49, u. 42. )

to be given. (42 & 43 Y. c. 49,

23.)

53. (1.) A person shall give security under this part of Security how the Ordinance, whether as principal or surety, either by the deposit of money with the Magistrate's clerk or by an oral or written acknowledgment (v., XXXIV.) of the under- taking or condition by which and of the sum for which he is bound and evidence of such security may be provided by entry thereof in the register under this Ordinance of the proceedings of the Magistrates.

(2.) Any sum which may become due in pursuance of a security under this part of the Ordinance from a surety shall be recoverable summarily in manner directed by this Ordinance with respect to a civil debt on complaint by a constable or by the Magistrate's clerk or by some other person authorised for the purpose by a Magistrate.

(3.) A Magistrate may enforce payment of any sum due by a principal in pursuance of a security under this part of the Ordinance which appears to him to be forfeited, in like manner as if that sum were adjudged to be paid as a fine, if the security was given for a sum adjudged by a conviction (XLVIII.), and in any other case in like man- ner as if it were a sum adjudged to be paid as a civil debt; provided that before a warrant of distress for the sum is issued, notice (v1.) of the forfeiture shall be served on the said principal. in manner prescribed by the rules in the 3rd Schedule hereto.

(4.) Any sum paid by a surety on behalf of his principal in respect of a security under this part of the Ordinance, together with all costs, charges and expenses incurred by such surety in respect of that security, shall be deemed a civil debt due to him from the principal, and may be re- covered before a Magistrate in manner directed by this Ordinance with respect to the recovery of a civil debt which is recoverable summarily.

(5.) Where security is given under this part of the Ordi- nance for payment of a sum of money, the payment of such sum shall be enforced by means of such security in substi- tution for other means of enforcing such payment.

54. (1.) Where a recognisance (v.) is conditioned for the appearance of a person before a Magistrate or for his doing some other matter or thing to be done before or by order of a Magistrate or in a proceeding before a Magis- trate, such Magistrate if the said recognisance appears to him to be forfeited, may declare the recognisance to be forfeited and enforce payment of the sum due under such recognisance in the same manner as if the sum were a fine adjudged by a Magistrate to be paid and the amount of the same were ascertained by a conviction (XLVI.): Provided that at any time before the sale of goods under a warrant of distress for the said sum, a Magistrate may caucel or mitigate the forfeiture (xxx1.) upon the person liable ap- plying and giving security (xxxv.) to the satisfaction of the Magistrate for the future performance of the condition of the recognisance, and paying or giving security for pay- ment of the costs incurred in respect of the forfeiture, or upon such other conditions as the Magistrate may think just.

(2.) Where a recognisance (XXVI11.) conditioned to keep the peace or to be of good behaviour, or not to do or commit some act or thing, has been entered into by any person as principal or surety before a Magistrate, any Magistrate upon proof of the conviction of the person bound as principal

Recovery of moneys due under seca→ rity.

Enforcing

payment against prin- cipal.

Recovery of sums paid by Furety.

Enforcing payment of money se- cured.

Enforcing recognisance

for appearance, (42 & 43 V. c. 49, . 9.)

Enforcing recognisance to keep the peace, &c.

677