718
Power to the
Full Court to determine
questions on
Case or
re-hearing.
20 & 21 Vict. c. 13 s. 6.
Enforcing determination
N. 8. 9.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
(2.) The Magistrate, on being served with such rule absolute, shall state a case, or amend the case stated, or grant a certificate for leave to appeal accordingly.
109. The Full Court, on the argument of any case stated or on any re-hearing, may reverse or affirm the decision of the Magistrate, or may amend or alter such decision by making any order which the Magistrate would have had power to make in the matter, or may remit the matter to the Magistrate with the opinion of the Court thereon, or may make such other order in relation to the matter, and make such orders as to costs, as to the Court may seem fit: Provided always that no Magistrate who states and delivers a case pursuant to this Ordinance or grants leave to appeal shall be liable to any costs in respect of or by reason of such appeal against his determination.
110.-(1.) After the decision of the Full Court in relation to any appeal under this Ordinance, the Magistrate shall have authority to enforce any conviction or order which may have been affirmed, amended, or made by such Court as fully and in the same manner as though it were the original decision of the Magistrate.
Issue of
warrant of distress or commitment for execution
of conviction or order after appeal.
11 & 12 Vict. c. 43 s. 27.
First Schedule: Form No. 91.
(2.) No action, suit, or proceeding whatsoever shall be commenced or had against the Magistrate for enforcing such conviction or order.
111.-(1.) After an appeal against any conviction or order as aforesaid has been decided, if the same has been decided in favour of the respondent, any Magistrate may issue his warrant of distress or commitment for the execution of such conviction or order as if no such appeal had been brought.
(2.) If, on any such appeal, the Full Court orders either party to pay costs, such order shall direct such costs to be paid to the Registrar to be by him paid over to the party entitled to the same, and shall state within what time such costs shall be paid, and if the same are not paid within the time so limited, and the party ordered to pay the same is not bound by any recognizance conditioned to pay such costs, the Registrar, on the application of the party entitled to such costs or of any person on his behalf, and on payment of a fee of twenty-five cents, shall grant to the party so applying a certificate that such costs have not been paid.
(3.) On the production of such certificate to any Magistrate, it shall be lawful for him to enforce the payment of such costs by warrant of distress in manner hereinbefore provided for enforcing the payment of costs, and, in default of distress, the Magistrate may commit the party against whom such warrant has issued in manner hereinbefore mentioned for any time not exceeding three months, unless the amount of such costs, and all costs and charges of the distress, and also the costs of the commitment, if the Magistrate thinks fit so to order, (the amount thereof)
718
Power to the
Full Court to determine
questions on
Case or
re-hearing.
20 & 21 1irt. c. 13 s. G.
Enforcing determination
N. 8. 9.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
(2.) The Magistrate, on being served with such rule absolute, shall state a case, or amend the case stated, or grant a certificate for leave to appeal accordingly.
109. The Full Court, on the argument of any case stated or on any re-hearing, may reverse or affirm the decision of the Magistrate, or may amend or alter such decision by making any order which the Magistrate would have had power to make in the matter, or may remit the matter to the Magistrate with the opinion of the Court thereon, or may make such other order in relation to the matter, and make such orders as to costs, as to the Court may seem fit: Provided always that no Magistrate who states and delivers a case pursuant to this Ordinance or grants leave to appeal shall be liable to any costs in respect of or by reason of such appeal against his determination.
110.-(1.) After the decision of the Full Court in relation to any after appeal. appeal under this Ordinance, the Magistrate shall have authority to enforce any conviction or order which may have been affirmed, amended, or made by such Court as fully and in the same manner as though it were the original decision of the Magistrate.
Issue of
warrant of distress or commitment for execution
of conviction or order after appeal.
11 & 12 Vict. c. 43 s. 27.
First Sche- dule: Form No. 91.
(2.) No action, suit, or proceeding whatsoever shall be commenced or had against the Magistrate for enforcing such conviction or order.
111.-(1.) After an appeal against any conviction or order as aforesaid has been decided, if the same has been decided in favour of the respond- ent, any Magistrate may issue his warrant of distress or commitment for the execution of such conviction or order as if no such appeal had been brought.
(2.) If, on any such appeal, the Full Court orders either party to pay costs, such order shall direct such costs to be paid to the Registrar to be by him paid over to the party entitled to the same, and shall state with- in what time such costs shall be paid, and if the same are not paid with- in the time so limited, and the party ordered to pay the same is not bound by any recognizance conditioned to pay such costs, the Registrar, on the application of the party entitled to such costs or of any person on his behalf, and on payment of a fee of twenty-five cents, shall grant to the party so applying a certificate that such costs have not been paid.
(3.) On the production of such certificate to any Magistrate, it shall be lawful for him to enforce the payment of such costs by warrant of distress in manner hereinbefore provided for enforcing the payment of costs, and, in default of distress, the Magistrate may commit the party against whom such warrant has issued in manner hereinbefore mentioned for any time not exceeding three months, unless the amount of such costs, and all costs and charges of the distress, and also the costs of the commitment, if the Magistrate thinks fit so to order, (the amount there-
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