MAGISTRATES.
No. 3 of 1890.
551
(2) Service of the notice may be effected either by prepaid letter sent to the address mentioned in the security, or as service of a summons may be effected under the Ordinance.
12. An application under section 51 of the Ordinance shall be an application for a summons requiring the complainant to show cause why the order made on his complaint should not be varied.
for sureties.
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 magistrates' 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 magistrates' 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 magistrates' 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, without hard labour, not exceeding six 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, 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 stating 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 rule 17 of these rules 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 Law Rev. Ord., 1923.
Page 110
Page 111
552
No. 3 of 1890.
HONGKONG.
APPENDIX OF FORMS.
FORM NO. 1.
IN THE POLICE COURT AT
[Rule 3.]
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
.1. 19
A transcript to be forwarded to the Treasurer forthwith at the time prescribed by him with a remittance for the amount payable to him.
MAGISTRATES.
No. 3 of 1890.
551
(2) Service of the notice may be effected either by prepaid letter sent to the address mentioned in the security, or as service of a summons may be effected under the Ordinance.
12. An application under section 51 of the Ordinance shall be an Application application for a summons requiring the complainant to show cause why to vary order the order made on his complaint should not be varied.
·
for sureties.
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 discharged, and, on receiving that amount, the officer shall discharge the defendant, and shall forthwith pay over the amount to the magistrates' 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 magistrates' 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 magistrates' clerk.
payment,
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, without complainant hard labour, not exceeding six weeks,, unless the same shall be sooner order.
in enforcing paid.
Appeals.
16. In all cases of appeal to the Full Court on questions of law under Delivery of Part VI of the Ordinance, the party setting down the appeal for additional argument shall, at the time of setting down the appeal for argument copy of case and when the appeal is to be heard before two judges, furnish stated. 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 Mode of divided into paragraphs which, as nearly as may be, shall be confined to stating case. 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 Costs of does not in substance comply with the requirements of rule 17 of these drawing and rules shall not be allowed on taxation, unless the Full Court or the copying case. judge before whom the appeal is heard specially so directs.
* 'As amended by Law Rev. Ord., 1923.
*
Page 110Page 111
552
No. 3 of 1890.
HONGKONG.
APPENDIX OF FORMS. FORM NO. 1.
IN THE POLICE COURT AT
[Rule 3.]
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
.1.
19
A transcript to be forwarded to the Treasurer forthwith at the time prescribed by him with a remittance for the amount payable to him.
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