702
No. 3.]
Procedure for compelling
prosecutor to pay costs.
11 & 12 Viet. c. 43 s. 26.
First Schedule: Forms Nos. 44 and 58.
('osts where fine does not exceed $2. 42 & 43 Vict. c. 49 s. 8.
Adjudications and certificates under the Pawnbrokers
Ordinance, 1860.
No. 1 of 1860.
THE ORDINANCES OF HONGKONG: [A.D. 1890.
or by imprisonment, with or without hard labour, for any term not exceeding fourteen days, unless such costs shall be sooner paid.
59. Where a complaint or information is dismissed with costs, the sum awarded for costs in the order for dismissal may be levied by distress on the goods and chattels of the complainant or informant, and, in default of distress or payment, the complainant or informant may be committed to prison for any term not exceeding fourteen days, unless such sum, and all costs and charges of the distress, (the amount thereof being ascertained and stated in the commitment), shall be sooner paid.
60.-(1.) Where a fine adjudged by a conviction by a Magistrate to be paid does not exceed two dollars, then, except so far as the Magistrate may think fit to expressly order otherwise, an order shall not be made for payment by the defendant to the complainant or informant of any costs; and the Magistrate shall, except so far as he thinks fit to expressly order otherwise, direct all fees payable or paid by the complainant or informant to be remitted or repaid to him.
(2.) The Magistrate may also order the fine or any part thereof to be paid to the complainant or informant in or towards the payment of his costs.
61. All adjudications and certificates under the Pawnbrokers Ordinance, 1860, shall be held, determined, and granted by a Magistrate and enforced according to the provisions of this or any amending Ordinance relating to summary proceedings, notwithstanding anything contained in the said Pawnbrokers Ordinance, 1860.
Procedure on information being laid.
11 & 12 Vict.
c. 12 s. 1.
First Schedule:
PART III.
INDICTABLE OFFENCES.
62.—(1.) In every case where a charge or complaint is made to a Magistrate that any person has committed or is suspected to have committed any treason, felony, or indictable misdemeanor or other indictable offence over which the Magistrate has jurisdiction, then, if the accused is not then in custody, it shall be lawful for the Magistrate to issue his warrant to apprehend the accused and to cause him to be brought before a Magistrate to answer to the charge or complaint, and to be further dealt with according to law; but in any case it shall be lawful for the Magistrate to whom the charge or complaint is preferred, if he so thinks fit, instead of issuing his warrant in the first instance to apprehend the accused, to issue his summons directed to the accused requiring him to appear before a Magistrate at a time and place to be therein mentioned; and if, after being served with the summons in manner hereinafter mentioned, he fails to appear at such time and place
{
702
No. 3.]
Procedure for compelling
prosecutor to pay costs.
11 & 12 Viet. c. 43 s. 26.
First Sche- lule : Forms Nos. 44 and 58.
('osts where fine does not exceed $2. 42 & 43 Vict. c. 49 s. 8.
Adjudications and certi- ficates under the Pawn- brokers
Ordinance, 1860.
No. 1 of 1860.
THE ORDINANCES OF HONGKONG: [A.D. 1890.
or by imprisonment, with or without hard labour, for any term not ex- ceeding fourteen days, unless such costs shall be sooner paid.
59. Where a complaint or information is dismissed with costs, the sum awarded for costs in the order for dismissal may be levied by distress on the goods and chattels of the complainant or informant, and, in de- fault of distress or payment, the complainant or informant may be com- mitted to prison for any term not exceeding fourteen days, unless such sum, and all costs and charges of the distress, (the amount thereof being ascertained and stated in the commitment), shall be sooner paid.
60.-(1.) Where a fine adjudged by a conviction by a Magistrate to be paid does not exceed two dollars, then, except so far as the Magis- trate may think fit to expressly order otherwise, an order shall not be made for payment by the defendant to the complainant or informant of any costs; and the Magistrate shall, except so far as he thinks fit to expressly order otherwise, direct all fees payable or paid by the com- plainant or informant to be remitted or repaid to him.
(2.) The Magistrate may also order the fine or any part thereof to he paid to the complainant or informant in or towards the payment of his costs.
61. All adjudications and certificates under the Pawnbrokers Ordi- nance, 1860, shall be held, determined, and granted by a Magistrate and enforced according to the provisions of this or any amending Ordinance relating to summary proceedings, notwithstanding anything contained in the said Pawnbrokers Ordinance, 1860.
чис
Ани
Procedure on information being laid.
11 & 12 Vict.
c. 12 s. 1.
First Sche- .dule:
PART III.
INDICTABLE OFFENCES.
62.—(1.) In every case where a charge or complaint is made to a Magistrate that any person has committed or is suspected to have committed any treason, felony, or indictable misdemeanor or other in- dictable offence over which the Magistrate has jurisdiction, then, if the
accused is not then in custody, it shall be lawful for the Magistrate to issue his warrant to apprehend the accused and to cause him to be Form No. 3; brought before a Magistrate to answer to the charge or complaint, and to be further dealt with according to law; but in any case it shall be lawful for the Magistrate to whom the charge or complaint is preferred, if he so thinks fit, instead of issuing his warrant in the first instance to Form No. 1; apprehend the accused, to issue his summons directed to the accused re-
quiring him to appear before a Magistrate at a time and place to be therein mentioned; and if, after being served with the summons in manner hereinafter mentioned, he fails to appear at such time and place
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