692
THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.
Non-sult or judgment or verdict for defendant in certain cares. (11 & 12 V. c. 44, n. 12.)
Damages.
(1 & 12 V. c. 44,
Rules.
13.)
Coats and foon.
Table of fees.
Recovery of fees.
When Ordi-
nance shall
come into operation.
in the said suit, he may obtain from any Judge of the Court in which such suit shall be brought an order that such money shall be paid out of Court to him with or without, costs in the discretion of the Judge, and thereupon the said suit shall be determined, and such order shall be a bar to any other suit for the same cause.
124. If at the trial of any such suit the plaintiff shall not prove that such suit was brought within the time hereinbefore limited in that behalf, or that such notice as aforesaid was given one calendar month before such suit was commenced, or if he shall not prove the cause of suit stated in such notice, then and in every such case, such plaintiff shall be non-suit, or there shall be a verdict and judgment for the defendant.
125. In all cases where the plaintiff in any such suit shall be entitled to recover, and he shall prove the levying or payment of any fine or sum of money under any conviction or order as part of the damages he seeks to recover, or if he prove that he was imprisoned under such conviction or order, and shall seek to recover damages for any such imprisonment, he shall not be entitled to recover the amount of such fine or sum so levied or paid, or any sum beyond the sum of five cents as damages for such im- prisonment, or any costs of suit whatsoever, if it shall be proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater pun- ishment than that assigned by law for the offence of which he was so convicted, or for non-payment of the sum he was so ordered to pay.
PART IX.
Provisions as to Rules, Regulations, Fees, &c.
126. The rules in the 3rd Schedule hereto shall be observed in carrying into effect this Ordinance.
127. It shall be lawful for the Governor in Council to make regulations as to the fees to be taken, if any, at the Magistrates' Court in respect of any proceedings or of the issuing, service or execution of any process, or otherwise, and as to the costs, if any, to be allowed for the attendance of witnesses or for legal assistance or otherwise and to fix a scale of such fees and costs and by regulation to exempt in any particular class of cases, from the payment of such fees and costs or either. It shall also be lawful for the Governor in Council, from time to time, to alter, add to, amend or revoke such regulatious or scale and to make new regulations and scales. Such regulations and scales shall be published in the Gazette and shall thereupon come into force on such day as may be therein declared.
:
A table of the fees and costs in force for the time being shall be hung up in some conspicuous part of the Magis- trates' Court. It shall be lawful for any Magistrate to refuse to do any act for which any fee shall be payable unless such fee shall be first paid and if any such act be done and the fee due thereon be not paid it shall be lawful for any Magistrate to summon the person from whom such fee shall be due and to recover the same by warrant and distress in manner hereinbefore provided for the recovery of fines and penalties.
PART X.
Coming into operation of Ordinance.
128. This Ordinance shall come into force on the 1st day of January, 1891.
Passed the Legislative Council of Hongkong, this 30th day of June, 1890.
F. A. HAZELAND, Acting Clerk of Councils,
Assented to by His Excellency the Officer Administering the Government, the 11th day of July, 1890.
W. M. DEANE,
Acting Colonial Secretary.
No comments yet.
Private notes are available after approval.