A 4
[Subsidiary]
Form of security.
Security book.
Notice to principal of forfeiture of security.
Application to vary order for sureties.
Payment by defendant.
Discharge of prisoner on payment.
CAP. 227] Magistrates (Administrative) Rules
[1976 Ed.
7. Any security given under this Ordinance by an oral or written acknowledgment may be in the form of an undertaking.
8. (1) The magistrates' clerk shall keep a security book, and shall enter therein, with respect to each security given in relation to any proceeding, the name and address of each person bound, showing whether he is bound as principal or as surety, the sum in which each person is bound, the undertaking or condition by which he is bound, the date of the security, and the person before whom it is taken.
(2) Where any such security is not entered into before a magistrate or before the magistrates' clerk, the person before whom it is entered into shall make a return thereof, showing the above particulars, to the magistrates' clerk.
(3) The security book, and any certified extract therefrom, shall be evidence of the several matters hereby required to be entered in the security book in like manner as if the security book were the register.
9. (1) Not less than 2 clear days before a warrant of distress is issued for a sum due by a principal in pursuance of a forfeited security under the Ordinance, the magistrates' clerk issuing the warrant shall cause notice of the forfeiture to be served on the principal.
(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.
10. An application under section 62 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.
11. 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 endorsed 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.
12. (1) The sum endorsed on the order of commitment as that on payment of which the prisoner may be discharged may be paid to the magistrates' clerk.
(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.
A 4
[Subsidiary]
Form of security.
Security book.
Notice to
principal of forfeiture of security.
Application to vary order for sureties.
Payment by defendant.
Discharge of prisoner on payment.
CAP. 227] Magistrates (Administrative) Rules
[1976 Ed.
7. Any security given under this Ordinance by an oral or written acknowledgment may be in the form of an undertaking.
8. (1) The magistrates' clerk shall keep a security book, and shall enter therein, with respect to each security given in relation to any proceeding, the name and address of each person bound, showing whether he is bound as principal or as surety, the sum in which each person is bound, the undertaking or condition by which he is bound, the date of the security, and the person before whom it is taken.
(2) Where any such security is not entered into before a magistrate or before the magistrates' clerk, the person before whom it is entered into shall make a return thereof, showing the above particulars, to the magistrates' clerk.
(3) The security book, and any certified extract therefrom, shall be evidence of the several matters hereby required to be entered in the security book in like manner as if the security book were the register.
9. (1) Not less than 2 clear days before a warrant of distress is issued for a sum due by a principal in pursuance of a forfeited security under the Ordinance, the magistrates' clerk issuing the warrant shall cause notice of the forfeiture to be served on the principal.
(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.
10. An application under section 62 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.
11. 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 endorsed 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.
12. (1) The sum endorsed on the order of commitment as that on payment of which the prisoner may be discharged may be paid to the magistrates' clerk.
(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.
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