1912_MAGISTRATES_ORDINANCE__1890 — Page 21

HK Historical Laws 香港歷史法例 All AI Reviewed

MAGISTRATES.

No. 3 of 1890.

505

to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the enactment on which the conviction or order is founded as aforesaid directs, unless the fine or sum adjudged to be paid shall be sooner paid.

disobedience

do some act.

etc., not

being pay-

ment of

money.

44.

(1) Where a conviction does not order the payment of any fine but that the defendant be imprisoned, or imprisoned and kept to hard labour, or where an order is not for the payment of money but for the doing of some other act, and directs that, in case of the defendant's refusal or neglect to do such act, he shall be imprisoned or imprisoned and kept to hard labour, and the defendant refuses or neglects to do such act, in every such case it shall be lawful for a Magistrate to issue his warrant of commitment under his hand and seal,

[11 & 12 Vict. c. 43 s. 24.]

requiring the constable to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Superintendent thereof, and requiring such Superintendent to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the Ordinance or statute on which the conviction or order is founded as aforesaid directs.

forms 55-56.

(2) In any such case, where by the conviction or order any sum for costs is adjudged to be paid by the defendant to the complainant or informant, such sum may, if the Magistrate thinks fit, be levied by warrant of distress in manner aforesaid, and, in default of distress, the defendant may be also committed to prison there to be kept for any time not exceeding one month, with or without hard labour, to commence at the termination of the imprisonment which he is then undergoing, unless such sum for costs and all costs and charges of the distress shall be sooner paid.

form 58.

sequent

45. Where a Magistrate, on any complaint or information as aforesaid, adjudges the defendant to be imprisoned, and the defendant is then in prison undergoing imprisonment on a conviction for any other offence, the warrant of commitment for such

[ib. s. 25.]

subsequent offence shall in every such case be forthwith delivered to the gaoler to whom the same is directed; and it shall be lawful for the Magistrate issuing the same to award and order therein and thereby that the imprisonment for such subsequent offence shall

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

† As amended by No. 1 of 1912.

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MAGISTRATES. No. 3 of 1890. 505 to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the enactment on which the conviction or order is founded as aforesaid directs, unless the fine or sum adjudged to be paid shall be sooner paid. disobedience do some act. etc., not being pay- ment of money. 44. (1) Where a conviction does not order the payment of any fine but that the defendant be imprisoned, or imprisoned and kept to hard labour, or where an order is not for the payment of money but for the doing of some other act, and directs that, in case of the defendant's refusal or neglect to do such act, he shall be imprisoned or imprisoned and kept to hard labour, and the defendant refuses or neglects to do such act, in every such case it shall be lawful for a Magistrate to issue his warrant of commitment under his hand and seal, [11 & 12 Vict. c. 43 s. 24.] requiring the constable to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Superintendent thereof, and requiring such Superintendent to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the Ordinance or statute on which the conviction or order is founded as aforesaid directs. * forms 55-56. (2) In any such case, where by the conviction or order any sum for costs is adjudged to be paid by the defendant to the complainant or informant, such sum may, if the Magistrate thinks fit, be levied by warrant of distress in manner aforesaid, and, in default of distress, the defendant may be also committed to prison there to be kept for any time not exceeding one month, with or without hard labour, to commence at the termination of the imprisonment which he is then undergoing, unless such sum for costs and all costs and charges of the distress shall be sooner paid. form 58. sequent 45. Where a Magistrate, on any complaint or information as aforesaid, adjudges the defendant to be imprisoned, and the defendant is then in prison undergoing imprisonment on a conviction for any other offence, the warrant of commitment for such [ib. s. 25.] subsequent offence shall in every such case be forthwith delivered to the gaoler to whom the same is directed; and it shall be lawful for the Magistrate issuing the same to award and order therein and thereby that the imprisonment for such subsequent offence shall * As amended by No. 50 of 1911 and No. 1 of 1912. † As amended by No. 1 of 1912.

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ས £ ? MAGISTRATES. No. 3 of 1890.. 505 to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the enactment on which the conviction or order is founded as afore- said directs, unless the fine or sum adjudged to be paid shall be sooner paid. disobedience do some act. etc., not being pay. ment of money. 44. (1) Where a conviction does not order the payment of any Commit- fine but that the defendant be imprisoned, or imprisoned and kept ment for to hard labour, or where an order is not for the payment of money of order to but for the doing of some other act, and directs that, in case of the defendant's refusal or neglect to do such act, he shall be imprisoned or imprisoned and kept to hard labour, and the defendant refuses or neglects to do such act, in every such case it shall be lawful for a Ma- [11 & 12 Vict. gistrate to issue his warrant of commitment under his hand and seal, c. 43 s. 24.] requiring the constable to whom the same is directed to take and 1st schedule : convey the defendant to prison and there to deliver him to the Superintendent thereof, and requiring such Superintendent to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the Ordinance or statute on which the conviction or order is founded as aforesaid directs. * forms 55-56. (2) In any such case, where by the conviction or order any sum for costs is adjudged to be paid by the defendant to the complainant or informant, such sum may, if the Magistrate thinks fit, be levied by warrant of distress in manner aforesaid, and, in default of distress, the defendant may be also committed to prison there to be kept for form: 42-43. any time not exceeding one month, with or without hard labour, to commence at the termination of the imprisonment which he is. then undergoing, unless such sum for costs and all costs and charges of the distress shall be sooner paid. form 58. sequent 45. Where a Magistrate, on any complaint or information as Commitment aforesaid, adjudges the defendant to be imprisoned, and the for sub- defendant is then in prison undergoing imprisonment on a con- offence. viction for any other offence, the warrant of commitment for such [ib. s. 25.] subsequent offence shall in every such case be forthwith delivered to the gaoler to whom the same is directed; and it shall be lawful for the Magistrate issuing the same to award and order therein and thereby that the imprisonment for such subsequent offence shall * As amended by No. 50 of 1911 and No. 1 of 1912. As amended by No. 1 of 1912. +

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ས £ ?

MAGISTRATES.

No. 3 of 1890..

505

to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the enactment on which the conviction or order is founded as afore- said directs, unless the fine or sum adjudged to be paid shall be sooner paid.

disobedience

do some act.

etc., not

being pay.

ment of

money.

44.

(1) Where a conviction does not order the payment of any Commit- fine but that the defendant be imprisoned, or imprisoned and kept ment for to hard labour, or where an order is not for the payment of money of order to but for the doing of some other act, and directs that, in case of the defendant's refusal or neglect to do such act, he shall be imprisoned or imprisoned and kept to hard labour, and the defendant refuses or neglects to do such act, in every such case it shall be lawful for a Ma- [11 & 12 Vict. gistrate to issue his warrant of commitment under his hand and seal,

c. 43 s. 24.]

requiring the constable to whom the same is directed to take and 1st schedule : convey the defendant to prison and there to deliver him to the Superintendent thereof, and requiring such Superintendent to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the Ordinance or statute on which the conviction or order is founded as aforesaid directs.

forms 55-56.

(2) In any such case, where by the conviction or order any sum for costs is adjudged to be paid by the defendant to the complainant or informant, such sum may, if the Magistrate thinks fit, be levied by warrant of distress in manner aforesaid, and, in default of distress, the defendant may be also committed to prison there to be kept for form: 42-43. any time not exceeding one month, with or without hard labour, to commence at the termination of the imprisonment which he is. then undergoing, unless such sum for costs and all costs and charges of the distress shall be sooner paid.

form 58.

sequent

45. Where a Magistrate, on any complaint or information as Commitment aforesaid, adjudges the defendant to be imprisoned, and the for sub- defendant is then in prison undergoing imprisonment on a con- offence. viction for any other offence, the warrant of commitment for such [ib. s. 25.]

1912_MAGISTRATES_ORDINANCE__1890 — Page 21

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