1912_MAGISTRATES_ORDINANCE__1890 — Page 91

.es

he

in

MAGISTRATES.

Fonм No. 88.

Case stated by a Magistrate.

IN THE SUPREME COURT OF HONGKONG.

APPELLATE JURISDICTION.

No. 3 of 1890..

575:

[s. 98.]

Between A.B., Appellant,

and

C.D., Respondent.

This is a case stated by the undersigned, a Magistrate of the Colony of Hongkong, under the Magistrates Ordinance, 1890, for the purpose of appeal to the Supreme Court ou questions of law which arose before me as hereinafter stated.

1. At the Police Court in the said Colony, at

۱۳

,

+

d

1

1

3

;

,

on the

day of

19 un information [or a complaint] preferred by A.B. (hereinafter called the Respondent) against C.D. (hereinafter called the Appellant) [or as the case may be, under section

of the [state the Ordinance or Statute as the case may be] charging, for that he, the Appellant [etc., state the offence or cause of complaint], was heard and determined by me, the said parties respectively being then present; and upon such hearing the Appellant was duly convicted before me of the said offence, and it was adjudged that he should pay for and upon such hearing the Appellant was by me ordered to pay] the Respondent the sun of

[here state the adjudication

of fine, sum, or imprisonment and costs, as in a conviction or an order].

[Or, if dismissed and upon such hearing the said information [or complaint] was dismissed by me, [and, if so, the Appellant was ordered to pay to the Respondent the sum of

for his costs incurred by him in his defence in that behalf, [conclude as in an order of dismissalļ.

2. And whereas the Appellant, being dissatisfied with my determination upon the hearing of the said information [or complaint] and alleging himself to be aggrieved by such determination as being erroneous in point of law has, pursuant to section 98 of the Magistrates Ordinance, 1890, duly applied to me in writing to state and sign a case setting forth the facts and the grounds of such determination as aforesaid, in order that he may appeal therefrom to the Full Court, and has duly entered into a recognizance as required by the said Ordinance in that behalf.

If the case is stated in obedience to a rule under section 108, recite the refusal and the granting of such rule as follows:--but I, being of opinion that the application of the Appellant was merely frivolous, refused to state and sign such case, and at his request signed and delivered to him a certificate of such refusal; and whereas the Full Court has since granted a rule calling upon me to state such case.]

3. Now therefore I, the said Magistrate, in compliance with the said application for in obedience to the said rule and order of the Full Court] and the provisions of the said Ordinance [if more facts are introduced than proved and by consent of the said parties], do hereby state and sign the following case.

4. Upon the hearing of the information for complaint] it was proved on the part of the Respondent, and found as a fact, that here state so much of the evidence given and of the facts as are necessary to raise the point of law in question].

5. [State here any of the following paragraphs according to circumstances]. It was admitted by the Appellant that the said proceedings had before me were legal and regular, and that if [according to circumstances] the said conviction [or order] was properly made.

6. It is also an admitted fact that

7. It was further stated on behalf of the Respondent, and admitted by the Appellant, that

8. For the purpose of enabling the said Court to determine the questions raised between the parties, the following further facts were stated and agreed upon between them, viz.:

9. [If it is desired to refer to a portion of the evidence by consent, insert the follow- ing paragraph: It is agreed that if either party shall wish to refer to

Ja document or book] not set out in the body of this case, such party shall be at liberty to do so, and that for this purpose the said [document or book] shall be taken, so far as it relates to the said

?

to form part of this case,

A