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THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

Application of aums in respect of forfeited recoguisances.

Civil debts recovery and

COBLA, (42 & 43 V.

c. 49, s. 6.)

Enforcing Civil debt. (42 & 43 V. c. 49. x. 35.)

Scale of imprisonment for non- payment of money. (42 & 43 V. c. 49, K. 5.)

Power to award costs, recoverable by distress. (11 & 19 V. c. 43, a. 18.

by such recognisance of any offence which is in law a breach of the condition of the same, may by conviction adjudge such recoguisance to be forfeited, and adjudge the persous bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respectively bound (XXIX., XXX., XLVII.).

(3.) All sums paid in respect of a recognisance declared or adjudged by a Magistrate in pursuance of this section to be forfeited shall be paid to the Magistrate's clerk, and shall be paid and applied by him in the manner in which fines imposed by such Magistrate, in respect of which fines no special appropriation is made, are payable and applicable.

Civil Debts.

55. A civil debt may be recovered on summons (LXI.) and enforced in the manner hereinafter provided and the payment of any costs ordered to be paid by the complainant or defendant in the case of any such complaint shall be enforced in like manner as sucli civil debt and not other- wise.

56. Any sum of money recoverable summarily as a civíl debt within the meaning of this or any future Ordinance or in respect of the recovery of which jurisdiction is given by such Ordinance to a Magistrate shall be deemed to be a sun for payment of which a Magistrate has authority by law to make an order on complaint under this Ordinance (LXII. to LXIX.): Provided as follows :-

(1.) A warrant shall not be issued for apprehending any person for failing to appear to answer any such complaint; and

(2.) An order made by a Magistrate for the payment of any such civil debt as aforesaid or of any instalinent thereof or for the payment of the costs in the matter of any such complaint whether or dered to be paid by the complainant or defendant shall not in default of distress or otherwise be enforced by imprisonment unless it be proved to the satisfaction of a Magistrate that the person making default in payment of such civil debt, instalment or costs either has or has had since the date of the order, the means to pay the sum in respect of which he has made default and has refused or neglected or refuses or neglects to pay the same and in any such case such Magistrate shall have power to imprison the defendant for any period not exceeding three weeks unless the same be sooner paid.

Proof of the means of the person making default may be given in such manner as the Magistrate to whom applica- tion is made for commitment to prison thinks just.

Scale of Imprisonment for non-payment of money, sc. 57. The period of imprisonment imposed by a Magis- trate exercising summary jurisdiction under this Ordinance or under any other past or future Ordinance or Statute in respect of the non-payment of any sum of money adjudged to be paid by a conviction, or in respect of the default of a sufficient distress to satisfy any such sum, shall, notwith- standing any enactment to the contrary in any past Ordi- nance or Statute be such period as in the opinion of the Magistrate will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale; that is to say

Where the amount of the sum or sums of money adjudged to be paid by a conviction as ascertained by the conviction

Does not exceed $1,

Exceeds $1 but does not exceed $5, Exceeds $5 but does not exceed $10, Exceeds $10 but does not exceed $50, Exceeds $50 but does not exceed $150, Exceeds $150,

The said period shall not

exceed .Seven days. .Fourteen days. .One month.

Two months. ...Three months.

..Six months.

Such imprisonment shall be with or without hard labour in the discretion of the Magistrate.

Costs.

58. In all cases of summary conviction or of orders made by a Magistrate, except as in section 60 pro- vided, it shall be lawful for the Magistrate making the same, in his discretion, to award and order in and by such conviction or order that the defendant shall pay to the