1912_MAGISTRATES_ORDINANCE__1890 — Page 95

HK Historical Laws 香港歷史法例 All AI Reviewed

MAGISTRATES.

No. 3 of 1890.

579

receipt : called of the April, ertified which nönths e certi- e by a which to the in the which e. witten rshall any Owing jeach ound, ate or 1 into the all be 1 the ter: ss is urity shall etter of a 1 be how

13. When an order of commitment for non-payment of money is issued, the defendant may, at any time before he is delivered into the custody of the gaoler, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be discharged, and, on receiving that amount, the officer shall discharge the defendant, and shall forthwith pay over the amount to the Magistrate's Clerk.

14.—(1) The sum indorsed on the order of commitment as that on payment of which the prisoner may be discharged may be paid to the Magistrate's Clerk or to the gaoler in whose custody the prisoner is.

(2) Where it is paid to the Clerk, he shall sign a certificate of the payment, and, on receiving the certificate by post or otherwise, the gaoler in whose custody the prisoner then is shall forthwith discharge the prisoner.

(3) Where it is paid to the gaoler, he shall on payment to him of that amount, sign a certificate of the payment and discharge the prisoner and forthwith transmit the sum so received to the Magistrate's Clerk.

15. All costs incurred by the plaintiff or complainant in endeavouring to enforce an order shall, unless a Magistrate otherwise orders, be enforceable by warrant of distress and sale or by imprisonment, with out hard labour, not exceeding 6 weeks, unless the same shall be sooner paid.

Appeals.

*.

16. In all cases of appeal to the Full Court on questions of law under Part VI of the Ordinance, the party setting down the appeal for argument shall, at the time of setting down the appeal for argument and when the appeal is to be heard before two Judges, furnish the Registrar with an additional copy of the case stated and of the depositions, if any, attached thereto; and if he fails to do so the other party to such appeal may, on the day following, deliver such copy as ought to have been delivered by the party making default; and the party making default shall not be heard until he has paid for such additional copy or deposited with the Registrar a sufficient sum to pay for such copy.

17. Every case stated under Part VI of the Ordinance shall be divided into paragraphs which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively.

18. The costs of drawing and copying any such case as aforesaid which does not in substance comply with the requirements of the last Rule shall not be allowed on taxation, unless the Full Court or the Judge before whom the appeal is heard specially so directs.

* As amended by No. 30 of 1911.

As amended by No. 50 of 1911.

Page 95

Page 96

580

No. 3 of 1890.

Rule 3.

HONGKONG,

APPENDIX OF FORMS.*

FORM NO. 1,

IN THE POLICE COURT AT

Account of all Fines and Fees and other Sums of Money imposed or received, showing their Appropriation and the Portions payable to the Treasurer for the ending 19 9

A transcript to be forwarded to the Treasurer forthwith at the time prescribed by him with a remittance for the amount payable to him.

FINES, PENALTIES, &c.

FEES, &c.

APPROPRIATION.

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MAGISTRATES. No. 3 of 1890. 579 receipt : called of the April, ertified which nönths e certi- e by a which to the in the which e. witten rshall any Owing jeach ound, ate or 1 into the all be 1 the ter: ss is urity shall etter of a 1 be how 13. When an order of commitment for non-payment of money is issued, the defendant may, at any time before he is delivered into the custody of the gaoler, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be discharged, and, on receiving that amount, the officer shall discharge the defendant, and shall forthwith pay over the amount to the Magistrate's Clerk. 14.—(1) The sum indorsed on the order of commitment as that on payment of which the prisoner may be discharged may be paid to the Magistrate's Clerk or to the gaoler in whose custody the prisoner is. (2) Where it is paid to the Clerk, he shall sign a certificate of the payment, and, on receiving the certificate by post or otherwise, the gaoler in whose custody the prisoner then is shall forthwith discharge the prisoner. (3) Where it is paid to the gaoler, he shall on payment to him of that amount, sign a certificate of the payment and discharge the prisoner and forthwith transmit the sum so received to the Magistrate's Clerk. 15. All costs incurred by the plaintiff or complainant in endeavouring to enforce an order shall, unless a Magistrate otherwise orders, be enforceable by warrant of distress and sale or by imprisonment, with out hard labour, not exceeding 6 weeks, unless the same shall be sooner paid. Appeals. *. 16. In all cases of appeal to the Full Court on questions of law under Part VI of the Ordinance, the party setting down the appeal for argument shall, at the time of setting down the appeal for argument and when the appeal is to be heard before two Judges, furnish the Registrar with an additional copy of the case stated and of the depositions, if any, attached thereto; and if he fails to do so the other party to such appeal may, on the day following, deliver such copy as ought to have been delivered by the party making default; and the party making default shall not be heard until he has paid for such additional copy or deposited with the Registrar a sufficient sum to pay for such copy. 17. Every case stated under Part VI of the Ordinance shall be divided into paragraphs which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively. 18. The costs of drawing and copying any such case as aforesaid which does not in substance comply with the requirements of the last Rule shall not be allowed on taxation, unless the Full Court or the Judge before whom the appeal is heard specially so directs. * As amended by No. 30 of 1911. As amended by No. 50 of 1911. Page 95 Page 96 580 No. 3 of 1890. Rule 3. HONGKONG, APPENDIX OF FORMS.* FORM NO. 1, IN THE POLICE COURT AT Account of all Fines and Fees and other Sums of Money imposed or received, showing their Appropriation and the Portions payable to the Treasurer for the ending 19 9 A transcript to be forwarded to the Treasurer forthwith at the time prescribed by him with a remittance for the amount payable to him. FINES, PENALTIES, &c. FEES, &c. APPROPRIATION.
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MAGISTRATES. No. 3 of 1890. 579 receipt : called of the April, ertified which nönths e certi- e by a which to the in the which e. ritten rshall any Owing jeach ound, ate or 1 into the all be 1 the ter: ss is urity shall etter of a 1 be how 13. When an order of commitment for non-payment of money is Payment by issued, the defendant may, at any time before he is delivered into the defendant. custody of the gaoler, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be dis- charged, and, on receiving that amount, the officer shall discharge. the defendant, and shall forthwith pay over the amount to the Magistrate's Clerk. 14.-(1) The sum indorsed on the order of commitment as that on Discharge of payment of which the prisoner may be discharged may be paid to the prisoner on Magistrate's Clerk or to the gaoler in whose custody the prisoner is. payment. (2) Where it is paid to the Clerk, he shall sign a certificate of the payment, and, on receiving the certificate by post or otherwise, the gaoler in whose custody the prisoner then is shall forthwith discharge the prisoner. (3) Where it is paid to the gaoler, he shall on payment to him of that amount, sign a certificate of the payment and discharge the prisoner and forthwith transmit the sum so received to the Magis- trate's Clerk. 15. All costs incurred by the plaintiff or complainant in endeavouring Costs of to enforce an order shall, unless a Magistrate otherwise orders, be plaintiff or enforceable by warrant of distress and sale or by imprisonment, with complainant out hard labour, not exceeding 6 weeks, unless the same shall be order. in enforcing sooner paid. Appeals. *. 16. In all cases of appeal to the Full Court on questions of law Delivery of under Part VI of the Ordinance, the party setting down the appeal additional for argument shall, at the time of setting down the appeal for copy of case argument and when the appeal is to be heard before two Judges, stated. furnish the Registrar with an additional copy of the case stated and of the depositions, if any, attached thereto; and if he fails to do so the other party to such appeal may, on the day following, deliver such copy as ought to have been delivered by the party making default; and the party making default shall not be heard until he has paid for such additional copy or deposited with the Registrar a suffi- cient sum to pay for such copy. 17 Every case stated under Part VI of the Ordinance shall be Mode of stat- divided into paragraphs which, as nearly as may be, shall be confined ing case. to a distinct portion of the subject, and every paragraph shall be numbered consecutively. 18. The costs of drawing and copying any such case as aforesaid Costs of which does not in substance comply with the requirements of the drawing and last Rule shall not be allowed on taxation, unless the Full Court or copying case. the Judge before whom the appeal is heard specially so directs. * As amended by No. 30 of 1911. As amended by No. 50 of 1911. Page 95Page 96 580 No. 3 of 1890. Rule 3. HONGKONG, APPENDIX OF FORMS.* FORM NO. 1, IN THE POLICE COURT AT Account of all Fines and Fees and other Sums of Money imposed or received, showing their Appropriation and the Portions payable to the Treasurer for the ending 19 9 A transcript to be forwarded to the Treasurer forthwith at the time prescribed by him with a remittance for the amount payable to him. FINES, PENALTIES, &c. FEES, &c. APPROPRIATION.
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MAGISTRATES.

No. 3 of 1890.

579

receipt

: called of the

April, ertified

which nönths

e certi-

e by a which to the

in the which

e.

ritten

rshall

any Owing jeach ound,

ate or 1 into

the

all be 1 the

ter:

ss is

urity

shall

etter of a

1 be

how

13. When an order of commitment for non-payment of money is Payment by issued, the defendant may, at any time before he is delivered into the defendant. custody of the gaoler, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be dis- charged, and, on receiving that amount, the officer shall discharge. the defendant, and shall forthwith pay over the amount to the Magistrate's Clerk.

14.-(1) The sum indorsed on the order of commitment as that on Discharge of payment of which the prisoner may be discharged may be paid to the prisoner on Magistrate's Clerk or to the gaoler in whose custody the prisoner is. payment.

(2) Where it is paid to the Clerk, he shall sign a certificate of the payment, and, on receiving the certificate by post or otherwise, the gaoler in whose custody the prisoner then is shall forthwith discharge the prisoner.

(3) Where it is paid to the gaoler, he shall on payment to him of that amount, sign a certificate of the payment and discharge the prisoner and forthwith transmit the sum so received to the Magis- trate's Clerk.

15. All costs incurred by the plaintiff or complainant in endeavouring Costs of to enforce an order shall, unless a Magistrate otherwise orders, be plaintiff or enforceable by warrant of distress and sale or by imprisonment, with complainant out hard labour, not exceeding 6 weeks, unless the same shall be order.

in enforcing sooner paid.

Appeals.

*.

16. In all cases of appeal to the Full Court on questions of law Delivery of under Part VI of the Ordinance, the party setting down the appeal additional for argument shall, at the time of setting down the appeal for copy of case argument and when the appeal is to be heard before two Judges, stated. furnish the Registrar with an additional copy of the case stated and of the depositions, if any, attached thereto; and if he fails to do so the other party to such appeal may, on the day following, deliver such copy as ought to have been delivered by the party making default; and the party making default shall not be heard until he has paid for such additional copy or deposited with the Registrar a suffi- cient sum to pay for such copy.

17 Every case stated under Part VI of the Ordinance shall be Mode of stat- divided into paragraphs which, as nearly as may be, shall be confined ing case. to a distinct portion of the subject, and every paragraph shall be numbered consecutively.

18. The costs of drawing and copying any such case as aforesaid Costs of which does not in substance comply with the requirements of the drawing and last Rule shall not be allowed on taxation, unless the Full Court or copying case. the Judge before whom the appeal is heard specially so directs.

* As amended by No. 30 of 1911.

As amended by No. 50 of 1911.

Page 95Page 96

580

No. 3 of 1890.

Rule 3.

HONGKONG,

APPENDIX OF FORMS.* FORM NO. 1,

IN THE POLICE COURT AT

Account of all Fines and Fees and other Sums of Money imposed or received, showing their Appropriation and the Portions payable to the Treasurer for the

ending

19

9

A transcript to be forwarded to the Treasurer forthwith at the time prescribed by him with a remittance for the amount payable to him.

FINES, PENALTIES, &c.

FEES, &c.

APPROPRIATION.

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