1912_MAGISTRATES_ORDINANCE__1890 — Page 15

HK Historical Laws 香港歷史法例 All AI Reviewed

MAGISTRATES.

No. 3 of 1890.

499

...

is

on

old

nt

he

le

30

er

t.

it

at

of

d

a

17.

1

order has been made, and there is a good and valid conviction or order to sustain the same, and a person acting under a warrant of distress shall not be deemed a trespasser ab initio by reason only of any defect in the warrant or of any irregularity in the execution of the warrant; but this enactment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in the execution of a warrant of distress;

(5) all goods forfeited by order of a Magistrate may be sold in such manner as the Magistrate may direct.

29.—(1) In all proceedings under this Part the Magistrate at the hearing shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters: namely,--

(a) the nature of the complaint or information;

(b) the names of the complainant, informant, or prosecutor, and of the defendant, and of the respective witnesses on either side;

(c) the evidence or depositions of the witnesses;

(d) objections to the admissibility of evidence and whether the same have been allowed or disallowed; and

(e) the fines, if any, paid into Court.

(2) The minute shall, immediately after the close of the case, be handed to the Magistrate's clerk for safe custody.

Minute of 1st schedule: proceedings.

form 13.

[42 & 43 Vict.

30.-(1) The Magistrate's clerk shall keep a register of the

Register of

minutes or memoranda of all the convictions and orders of the cases.

Magistrate and of such other proceedings as are directed by the

c. 49 s. 29.1

rules in the 2nd schedule to be registered, and shall keep the same in the form 60 in the 1st schedule, and with the particulars pre-

form 60.

scribed in the said rules or form.

(2) The register, and also any extract from the register certified by the clerk keeping the same to be a true extract, shall be primâ facie evidence of the matters entered therein for the purpose of informing a Magistrate, but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence.

(3) The entries relating to each minute, memorandum, or proceeding shall contain the name of the Magistrate before whom the conviction, order, or proceeding referred to therein was made or had.

* As amended by No. 50 of 1911, No. 1 of 1912 and No. 2 of 1912.

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MAGISTRATES. No. 3 of 1890. 499 ... is on old nt he le 30 er t. it at of d a 17. 1 order has been made, and there is a good and valid conviction or order to sustain the same, and a person acting under a warrant of distress shall not be deemed a trespasser ab initio by reason only of any defect in the warrant or of any irregularity in the execution of the warrant; but this enactment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in the execution of a warrant of distress; (5) all goods forfeited by order of a Magistrate may be sold in such manner as the Magistrate may direct. 29.—(1) In all proceedings under this Part the Magistrate at the hearing shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters: namely,-- (a) the nature of the complaint or information; (b) the names of the complainant, informant, or prosecutor, and of the defendant, and of the respective witnesses on either side; (c) the evidence or depositions of the witnesses; (d) objections to the admissibility of evidence and whether the same have been allowed or disallowed; and (e) the fines, if any, paid into Court. (2) The minute shall, immediately after the close of the case, be handed to the Magistrate's clerk for safe custody. Minute of 1st schedule: proceedings. form 13. [42 & 43 Vict. 30.-(1) The Magistrate's clerk shall keep a register of the Register of minutes or memoranda of all the convictions and orders of the cases. Magistrate and of such other proceedings as are directed by the c. 49 s. 29.1 rules in the 2nd schedule to be registered, and shall keep the same in the form 60 in the 1st schedule, and with the particulars pre- form 60. scribed in the said rules or form. (2) The register, and also any extract from the register certified by the clerk keeping the same to be a true extract, shall be primâ facie evidence of the matters entered therein for the purpose of informing a Magistrate, but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence. (3) The entries relating to each minute, memorandum, or proceeding shall contain the name of the Magistrate before whom the conviction, order, or proceeding referred to therein was made or had. * As amended by No. 50 of 1911, No. 1 of 1912 and No. 2 of 1912.
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MAGISTRATES. No. 3 of 1890. 499 : is ɔn ld nt he le 30 er t. it at ›f d a 1 7. 1 order has been made, and there is a good and valid conviction or order to sustain the same, and a person acting under a warrant of distress shall not be deemed a trespasser ab initio by reason only of any defect in the warrant or of any irregularity in the execution of the warrant; but this enactment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in the execution of a warrant of distress; (5) all goods forfeited by order of a Magistrate may be sold in such manner as the Magistrate may direct. 29.—(1) In all proceedings under this Part the Magistrate at the hearing shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters: namely,-- (a) the nature of the complaint or information; (b) the names of the complainant, informant, or prosecutor, and of the defendant, and of the respective witnesses on either side; (c) the evidence or depositions of the witnesses; (d) objections to the admissibility of evidence and whether the same have been allowed or disallowed; and (e) the fines, if any, paid into Court. (2) The minute shall, immediately after the close of the case, be handed to the Magistrate's clerk for safe custody. Minute of 1st schedule: proceedings. form 13. [42 & 43 Vict. 30.-(1) The Magistrate's clerk shall keep a register of the Register of minutes or memoranda of all the convictions and orders of the cases. Magistrate and of such other proceedings as are directed by the c. 49 s. 29.1 rules in the 2nd schedule to be registered, and shall keep the same in the form 60 in the 1st schedule, and with the particulars pre- form 60. scribed in the said rules or form. (2) The register, and also any extract from the register certified by the clerk keeping the same to be a true extract, shall be primâ facie evidence of the matters entered therein for the purpose of informing a Magistrate, but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence. (3) The entries relating to each minute, memorandum, or pro- ceeding shall contain the name of the Magistrate before whom the conviction, order, or proceeding referred to therein was made or had. * As amended by No. 50 of 1911, No. 1 of 1912 and No. 2 of 1912. :!
2026-05-03 03:22:10 · Baseline
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MAGISTRATES.

No. 3 of 1890.

499

:

is

ɔn

ld

nt

he

le

30

er

t.

it

at

›f

d

a

1

7.

1

order has been made, and there is a good and valid conviction or order to sustain the same, and a person acting under a warrant of distress shall not be deemed a trespasser ab initio by reason only of any defect in the warrant or of any irregularity in the execution of the warrant; but this enactment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in the execution of a warrant of distress;

(5) all goods forfeited by order of a Magistrate may be sold in such manner as the Magistrate may direct.

29.—(1) In all proceedings under this Part the Magistrate at the hearing shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters: namely,--

(a) the nature of the complaint or information;

(b) the names of the complainant, informant, or prosecutor, and of the defendant, and of the respective witnesses on either side;

(c) the evidence or depositions of the witnesses;

(d) objections to the admissibility of evidence and whether the same have been allowed or disallowed; and

(e) the fines, if any, paid into Court.

(2) The minute shall, immediately after the close of the case, be handed to the Magistrate's clerk for safe custody.

Minute of 1st schedule: proceedings.

form 13.

[42 & 43 Vict.

30.-(1) The Magistrate's clerk shall keep a register of the Register of minutes or memoranda of all the convictions and orders of the cases. Magistrate and of such other proceedings as are directed by the c. 49 s. 29.1 rules in the 2nd schedule to be registered, and shall keep the same in the form 60 in the 1st schedule, and with the particulars pre- form 60. scribed in the said rules or form.

(2) The register, and also any extract from the register certified by the clerk keeping the same to be a true extract, shall be primâ facie evidence of the matters entered therein for the purpose of informing a Magistrate, but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence.

(3) The entries relating to each minute, memorandum, or pro- ceeding shall contain the name of the Magistrate before whom the conviction, order, or proceeding referred to therein was made or had.

* As amended by No. 50 of 1911, No. 1 of 1912 and No. 2 of 1912.

:!

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