1950_MAGISTRATES_ORDINANCE — Page 41

HK Historical Laws 香港歷史法例 All AI Reviewed

Magistrates.

[CAP. 227

Form 28.

(2) Where a recognizance conditioned to keep the peace, or to be of good behaviour, or not to do or commit some act or thing has been entered into by any person as principal or surety before a magistrate, any magistrate, on proof of the conviction of the person bound as principal by the recognizance of any offence which is in law a breach of the condition of the same, may by conviction adjudge the recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respectively bound.

Forms

(3) All sums paid in respect of a recognizance declared or adjudged by a magistrate in pursuance of this section to be forfeited shall be paid to the magistrates' clerk, and shall be paid and applied by him in such manner as the Accountant General may direct.

[59

Civil debts.

Civil debts

42 & 43 Vict.

65. A civil debt may be recovered on summons and enforced in the manner hereinafter provided; and the payment of any costs ordered to be paid by the complainant or defendant in the case of any such complaint shall be enforced in like manner as such civil debt and not otherwise.

[60

Form 61.

Enforcing

42 & 43 Vict.

civil debt.

c. 49, s. 35.

Rules.

66. (1) Any sum of money recoverable summarily as a civil debt within the meaning of this or any other Ordinance, or in respect of the recovery of which jurisdiction is given by such Ordinance to a magistrate, shall be deemed to be a sum for payment of which a magistrate has authority by law to make an order on complaint under this Ordinance:

Provided as follows:

(a) a warrant shall not be issued for apprehending any person for failing to appear to answer any such complaint; and

(b) an order made by a magistrate for the payment of any such civil debt as aforesaid or of any instalment thereof or for the payment of the costs in the matter of any such complaint, whether ordered to be paid by the complainant or the defendant, shall not, in default of distress or otherwise, be enforced by imprisonment, unless it is proved, to

267

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Magistrates. [CAP. 227 Form 28. (2) Where a recognizance conditioned to keep the peace, or to be of good behaviour, or not to do or commit some act or thing has been entered into by any person as principal or surety before a magistrate, any magistrate, on proof of the conviction of the person bound as principal by the recognizance of any offence which is in law a breach of the condition of the same, may by conviction adjudge the recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respectively bound. Forms (3) All sums paid in respect of a recognizance declared or adjudged by a magistrate in pursuance of this section to be forfeited shall be paid to the magistrates' clerk, and shall be paid and applied by him in such manner as the Accountant General may direct. [59 Civil debts. Civil debts 42 & 43 Vict. 65. A civil debt may be recovered on summons and enforced in the manner hereinafter provided; and the payment of any costs ordered to be paid by the complainant or defendant in the case of any such complaint shall be enforced in like manner as such civil debt and not otherwise. [60 Form 61. Enforcing 42 & 43 Vict. civil debt. c. 49, s. 35. Rules. 66. (1) Any sum of money recoverable summarily as a civil debt within the meaning of this or any other Ordinance, or in respect of the recovery of which jurisdiction is given by such Ordinance to a magistrate, shall be deemed to be a sum for payment of which a magistrate has authority by law to make an order on complaint under this Ordinance: Provided as follows: (a) a warrant shall not be issued for apprehending any person for failing to appear to answer any such complaint; and (b) an order made by a magistrate for the payment of any such civil debt as aforesaid or of any instalment thereof or for the payment of the costs in the matter of any such complaint, whether ordered to be paid by the complainant or the defendant, shall not, in default of distress or otherwise, be enforced by imprisonment, unless it is proved, to 267
Baseline (Original)
Magistrates. [CAP. 227 Form 28. (2) Where a recognizance conditioned to keep the Rules. peace, or to be of good behaviour, or not to do or commit some act or thing has been entered into by any person as principal or surety before a magistrate, any magistrate, on proof of the conviction of the person bound as principal by the recognizance of any offence which is in law a breach of the condition of the same, may by conviction adjudge the recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respec- tively bound. Forms (3) All sums paid in respect of a recognizance declared Rules. or adjudged by a magistrate in pursuance of this section to 29, 30, 47. be forfeited shall be paid to the magistrates' clerk, and shall be paid and applied by him in such manner as the Accountant General may direct. [59 Civil debts. civil debts 42 & 43 Vict. 65. A civil debt may be recovered on summons and Recovery of enforced in the manner hereinafter provided; and the pay- and costs. ment of any costs ordered to be paid by the complainant c. 49, s. 6. or defendant in the case of any such complaint shall be Rules. enforced in like manner as such civil debt and not other- wise. [60 Form 61. Enforcing 42 & 43 Vict. civil debt. c. 49, s. 35. Rules. 66. (1) Any sum of money recoverable, summarily as a civil debt within the meaning of this or any other Ordin- ance, or in respect of the recovery of which jurisdiction is given by such Ordinance to a magistrate, shall be deemed Forms 62-69. to be a sum for payment of which a magistrate has authority by law to make an order on complaint under this Ordin- ance : Provided as follows- (a) a warrant shall not be issued for apprehending any person for failing to appear to answer any such complaint; and (b) an order made by a magistrate for the payment of any such civil debt as aforesaid or of any instal- ment thereof or for the payment of the costs in the matter of any such complaint, whether ordered to be paid by the complainant or the defendant, shall not, in default of distress or otherwise, be enforced by imprisonment, unless it is proved, to 267 : 1
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Magistrates.

[CAP. 227

Form 28.

(2) Where a recognizance conditioned to keep the Rules. peace, or to be of good behaviour, or not to do or commit some act or thing has been entered into by any person as principal or surety before a magistrate, any magistrate, on proof of the conviction of the person bound as principal by the recognizance of any offence which is in law a breach of the condition of the same, may by conviction adjudge the recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respec- tively bound.

Forms

(3) All sums paid in respect of a recognizance declared Rules. or adjudged by a magistrate in pursuance of this section to 29, 30, 47. be forfeited shall be paid to the magistrates' clerk, and shall be paid and applied by him in such manner as the Accountant General may direct.

[59

Civil debts.

civil debts

42 & 43 Vict.

65. A civil debt may be recovered on summons and Recovery of enforced in the manner hereinafter provided; and the pay- and costs. ment of any costs ordered to be paid by the complainant c. 49, s. 6. or defendant in the case of any such complaint shall be Rules. enforced in like manner as such civil debt and not other- wise.

[60

Form 61.

Enforcing 42 & 43 Vict.

civil debt.

c. 49, s. 35.

Rules.

66. (1) Any sum of money recoverable, summarily as a civil debt within the meaning of this or any other Ordin- ance, or in respect of the recovery of which jurisdiction is given by such Ordinance to a magistrate, shall be deemed Forms 62-69. to be a sum for payment of which a magistrate has authority by law to make an order on complaint under this Ordin-

ance :

Provided as follows-

(a) a warrant shall not be

issued for apprehending any person for failing to appear to answer any such complaint; and

(b) an order made by a magistrate for the payment of any such civil debt as aforesaid or of any instal- ment thereof or for the payment of the costs in the matter of any such complaint, whether ordered to be paid by the complainant or the defendant, shall not, in default of distress or otherwise, be enforced by imprisonment, unless it is proved, to

267

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1

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