655972-1890-Ordinance-10-of-1890-assented-to — Page 62

THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

5. (State here any of the following paragraphs according to cir- cumstances). It was admitted by the Appellant that the said pro- ceedings bad before me were legal and regular, and that if (accord- ing to circumstances) the said conviction (or order) was properly made.

6. It is also an admitted fact, that

7. It was further stated, on behalf of the Respondent and admitted by the said Appellant, that

8. For the purpose of enabling the said Court to determine the said questions raised between the said parties, the following further facts were stated and agreed upon between them, viz.:

(stating them).

9. (If it is desired to refer to a portion of the evidence by consent, insert the following paragraph :)-It is agreed that if either party shall wish to refer to

(a document or book) not set out in the body of this case, such party shall be at liberty so to do, and that for this purpose the said (docu- ment or book) shall be taken so far as it relates to the said to form part of this case.

10. It was contended on the part of the (Appellant), that (here state the legal objection or objections to the findings on the facts taken by the defendant or his counsel,)

11. I, however, being of opinion that (here state the grounds upon which the Magistrate came to his determination, as), that the evidence given before me brought the case within the operation of the said section of the Ordinance (or Statute or as the case may be, the dismissal of the information or complaint, rejection of evidence offered, &c.) gave my determination against the Appellant in the manner before stated.

(If it is desired to refer to a portion of the evidence by consent insert following paragraph.)

12. The questions of law arising on the above statement for the opinion of this Court therefore are 1st whether &c., 2nd whether &c.

Dated the

18

723

day of

(Signed).

A Magistrate, &c.

[Seal.]

FORM LXXXIX.

Recognisance of Appeal.--(Sec. 107.)

IN THE POLICE Court at VICTORIA IN THE COLONY OF HONGKONG.

(The form of recognisance will be the same as in form. XXVIII, supra but the condition endorsed will be as follows :)

The condition of the within written recognisance is such that if the within bounden

shall without delay prosecute a certain appeal to the Supreme Court from a conviction (or order) of J.I'., Esquire, a Magistrate of this Colony bearing date the day of whereby (here state effect of conviction or order) and further shall abide by and duly perform the order of the Supreme Court to be made upon the hearing of such appeal and shall pay such costs as may be awarded by the said Court (add if Appellant is liberated from custody) and further if the said

shall submit

to the judgment of the said Court and shall within ten days from the date thereof appear before a Magistrate of this Colony to abide by the said judgment in case such conviction (or order) is not quashed, set aside or reversed) then the within written recognisauce shall be void but otherwise shall remain in full force.

FORM XC,

Order to bring up Appellant in custody to enter into recognisance

for appeal.-(Sec. 107.)

IN THE POLice Court at VictoriA IN THE COLONY OF HONGKONG.

To the Superintendent of Victoria Gaol, Hongkong aforesaid. You are hereby ordered to bring A.B. now in your custody, before the undersigned a Magistrate of the said Colony or such Magistrate as may then be sitting at the said Police Court on

at the hour of

of

that he may enter into a recognisance with

the day

in the suret conditioned

noon,

to appear and try au appeal from the conviction (or order) dated the

day of

of the uudersigned (or J.P., Esquire,) a Magistrate of the said Colony, silting at

and may be thereupon. if the Magistrate thinks fit. released from your custody.

Dated the

day of

18

(Signed),

A Magistrate, &c.

[Seal.]

FORM XCI.

Certificate of Registrar of the Supreme Court that the costs of an appeal are not paid.--(Sec. 112.)

REGISTRY, SUPREME COURT, HONGKONG. (Title of the Appeal.)

I hereby certify that at the sitting of the Full Court on the day of

last past, an appeal by A.B. against a conviction (or order) of J.P., Esquire, a Magistrate of this Colony, came on to be tried, and was then heard and determined, and the Full Court there- upon ordered that the said conviction (or order) should be confirmed

FORM 2.