༣,
700
Form No. 28;
Forms Nos.
29, 30, and 47.
Recovery of civil debts
and costs.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
(2.) Where a recognizance 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, on proof of the conviction of the person bound as principal by the recognizance of any offence which is in law a breach of the condition of the same, may, by conviction, adjudge the recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respectively bound.
(3.) All sums paid in respect of a recognizance 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 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 such civil debt and not otherwise.
42 & 43 Vict. c. 49 s. 6. First Schedule: Form No. 61. Enforcing civil debt. Ib. s. 35. First Schedule: Forms Nos. 62-99.
56.--(1.) Any sum of money recoverable summarily as a civil 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 sum for payment of which a Magistrate has authority by law to make an order on complaint under this Ordinance: 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 instalment thereof or for the payment of the costs in the matter of any such complaint, whether ordered to be paid by the complainant or the defendant, shall not, in default of distress or otherwise, be enforced by imprisonment, unless it is 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 the Magistrate shall have power to imprison the defendant for any period not exceeding three weeks, unless the same shall be sooner paid.
(2.) Proof of the means of the person making default may be given in such manner as the Magistrate to whom application is made for commitment to prison may think just.
Page 26
༣,
700
Form No. 28;
Forms Nos.
29, 30, and 47.
Recovery of civil debts
and costs.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
(2.) Where a recognizance conditioned to keep the peace, or to be of good behaviour, or not to do or commit some act or thing has been en- tered into by any person as principal or surety before a Magistrate, any Magistrate, on proof of the conviction of the person bound as principal by the recognizance of any offence which is in law a breach of the con- dition of the same, may, by conviction, adjudge the recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respectively bound.
(3.) All sums paid in respect of a recognizance 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 and enforced in the manner hereinafter provided; and the payment of any costs ordered to be 42 & 43 Fict. paid by the complainant or defendant in the case of any such complaint
shall be enforced in like manner as such civil debt and not otherwise.
4243
c. 49 s. 6.
First Sche- dule:
Form No. 61. Enforcing civil debt. Ib. s. 35.
First Sche- dule: Forms Nos. 62-99.
56.--(1.) Any sum of money recoverable summarily as a civil 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 Magis- trate, shall be deemed to be a sum for payment of which a Magistrate has authority by law to make an order on complaint under this Ordi- nance: 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 instalment thereof or for the payment of the costs in the matter of any such complaint, whether ordered to be paid by the complainant or the defendant, shall not, in default of distress or otherwise, be enforced by imprisonment, unless it is proved, to the satisfaction of a Magistrate, that the person making default in payment of such civil debt, instalment, or costs either has, the sum in or has had since the date of the order, the means to pay 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 the Magistrate shall have power to imprison the defendant for any pe- riod not exceeding three weeks, unless the same shall be sooner paid. (2.). Proof of the means of the person making default may be given in such manner as the Magistrate to whom application is made for com- mitment to prison may think just.
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