(
784
Payment by defendant.
Discharge of prisoner on
payment.
Costs of plaintiff or complainant in enforcing order.
Delivery of additional copy of case stated.
Mode of stating case.
Costs of drawing case.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
13. When an order of commitment for non-payment of money is issued, the defendant may, at any time before he is delivered into the custody of the gaoler, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be discharged, and, on receiving that amount, the officer shall discharge the defendant, and shall forthwith pay over the amount to the Magistrate's Clerk.
14.—(1.) The sum indorsed on the order of commitment as that on payment of which the prisoner may be discharged may be paid to the Magistrate's Clerk or to the gaoler in whose custody the prisoner is.
(2.) Where it is paid to the Clerk, he shall sign a certificate of the payment, and, on receiving the certificate by post or otherwise, the gaoler in whose custody the prisoner then is shall forthwith discharge the prisoner.
(3.) Where it is paid to the gaoler, he shall, on payment to him of that amount, sign a certificate of the payment and discharge the prisoner, and forthwith transmit the sum so received to the Magistrate's Clerk.
15. All costs incurred by the plaintiff or complainant in endeavouring to enforce an order shall, unless a Magistrate otherwise orders, be enforceable by warrant of distress and sale or by imprisonment not exceeding six weeks, unless the same shall be sooner paid.
Appeals.
16. In all cases of appeal to the Full Court on questions of law under Part VI of the Ordinance, the party setting down the appeal for argument shall, at the time of setting down the appeal for argument and when the appeal is to be heard before two Judges, furnish the Registrar with an additional copy of the case stated and of the depositions, if any, attached thereto; and if he fails to do so the other party to such appeal may, on the day following, deliver such copy as ought to have been delivered by the party making default; and the party making default shall not be heard until he has paid for such additional copy or deposited with the Registrar a sufficient sum to pay for such copy.
17. Every case stated under Part VI of the Ordinance shall be divided into paragraphs which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively.
18. The costs of drawing and copying any such case as aforesaid which does not in substance comply with the requirements of the last preceding Rule shall not be allowed on taxation, unless the Full Court or the Judge before whom the appeal is heard specially so directs.
A.
(
784
Payment by defendant.
Discharge of prisoner on
payment.
Costs of plaintiff or complainant in enforcing order.
Delivery of additional copy of case stated.
Mode of stat- ing case.
Costs of draw-
ing ease.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
13. When an order of commitment for non-payment of money is issued, the defendant
may, at any time before he is delivered into the custody of the guoler, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be discharged, and, on receiving that amount, the officer shall discharge the defendant, and shall forthwith qay over the amount to the Magistrate's Clerk.
14-(1.) The sum indorsed on the order of commitment as that on payment of which the prisoner may be discharged may be paid to the Magistrate's Clerk or to the gaoler in whose custody the prisoner is.
(2.) Where it is paid to the Clerk, he shall sign a certificate of the payment, and, on receiving the certifiente by post or otherwise, the gaoler in whose custody the prisoner then is shall forthwith discharge the prisoner.
(3.) Where it is paid to the gaoler, he shall, on payment to him of that amount, sigu a certificate of the payment and discharge the prisoner, and forth- with transmit the sum so received to the Magistrate's Clerk.
15. All costs incurred by the plaintiff or complainant in endeavouring to enforce an order shall, unless a Magistrate otherwise orders, be enforceable by warrant of distress and sale or by imprisonment not exceeding six weeks, unless the same shall be sooner paid.
Appeals.
16. In all cases of appeal to the Full Court on questions of law under Part VI of the Ordinance, the party setting down the appeal for argument shall, at the time of setting down the appeal for argument and when the appeal is to be heard before two Judges, furnish the Registrar with an additional copy of the case stated and of the depositions, if any, attached thereto; and if he fails to do so the other party to such appeal may, on the day following, deliver such copy as ought to have been delivered by the party making default; and the party making default shall not be heard until he has paid for such addi- tional copy or deposited with the Registrar a sufficient sum to pay for such copy.
17. Every case stated under Part VI of the Ordinance shall be divided into paragraphs which, as nearly as may be, shall be confined to a distinct portion. of the subject, and every paragraph shall be numbered consecutively.
18. The costs of drawing and copying any such case as aforesaid which ing and copy does not in substance comply with the requirements of the last preceding Rule shall not be allowed on taxation, unless the Full Court or the Judge before whom the appoal is heard specially so directs.
A.
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