76
CAP. 227]
Magistrates
[1988 Ed.
incurred by the appellant in the proceedings before the magistrate, or such fixed sum as the judge may consider reasonable in respect of the costs so incurred by him;
(b) in any case, in which the appeal is from an order or determination in respect of or in connection with an offence, in lieu of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal,
and in fixing, for the purposes of this subsection, the amount of any costs to be paid to a party to an appeal shall have regard to his means.
(2) The payment of costs ordered by the judge to be paid on any such appeal as aforesaid may be enforced as a civil debt recoverable in the District Court by the party to whom they are ordered to be paid, and without prejudice to the provisions of section 121 shall not be enforced in any other manner: (Amended, 48 of 1949, s. 9 and 35 of 1969, Schedule)
Provided that the provisions of this subsection shall not apply to the payment of costs ordered by the judge to be paid by the Attorney General. (Added, 16 of 1960, s. 5)
(Replaced, 24 of 1949, s. 39) [cf. U.K. 1933 c. 38, s. 5]
Provisions as to forfeited recognizances
121. (1) The following provisions of this section shall have effect in any case where a recognizance entered into in connection with any appeal to which this Ordinance applies has become forfeited.
(2) (a) The Registrar shall, during or after the hearing of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so, state the cause why each such person has therein made default.
(b) The list or lists so made shall be examined, and, if necessary corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the court or his deputy, and thereupon payment of the sum due by the recognizance shall, save as hereinafter in this section provided, be enforced in the manner provided for the enforcing of recognizances by sections 110 to 113 of the Criminal Procedure Ordinance (Cap. 221).
(3) The judge may, in lieu of signing a list in accordance with subsection (2), make an order wholly discharging the recognizance.
(4) The judge, unless he makes an order wholly discharging the recognizance-
(a) shall, at the time when he signs as aforesaid, make an order fixing the term of imprisonment which the person bound by the recognizance is to undergo if any sum due in respect thereof is not duly paid and cannot be recovered by distress; and
(b) may at the same time make an order directing that the sum due in respect of the recognizance be paid on some future date specified in the order, or that the said sum be paid by instalments of such amount, on such dates respectively, as he may specify in such order.
76
CAP. 227]
Magistrates
[1988 Ed.
incurred by the appellant in the proceedings before the magistrate, or such fixed sum as the judge may consider reasonable in respect of the costs so incurred by him;
(b) in any case, in which the appeal is from an order or determination in respect of or in connection with an offence, in lieu of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal,
and in fixing, for the purposes of this subsection, the amount of any costs to be paid to a party to an appeal shall have regard to his means.
(2) The payment of costs ordered by the judge to be paid on any such appeal as aforesaid may be enforced as a civil debt recoverable in the District Court by the party to whom they are ordered to be paid, and without pre- judice to the provisions of section 121 shall not be enforced in any other manner: (Amended, 48 of 1949, s. 9 and 35 of 1969, Schedule)
Provided that the provisions of this subsection shall not apply to the payment of costs ordered by the judge to be paid by the Attorney General. (Added, 16 of 1960, s. 5)
(Replaced, 24 of 1949, s. 39) [cf. U.K. 1933 c. 38, s. 5]
Provisions as to forfeited recognizances
121. (1) The following provisions of this section shall have effect in any case where a recognizance entered into in connection with any appeal to which this Ordinance applies has become forfeited.
(2) (a) The Registrar shall, during or after the hearing of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so, state the cause why each such person has therein made default.
(b) The list or lists so made shall be examined, and, if necessary corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the court or his deputy, and thereupon payment of the sum due by the recognizance shall, save as hereinafter in this section provided, be enforced in the manner provided for the enforcing of recognizances by sections 110 to 113 of the Criminal Procedure Ordinance (Cap. 221).
(3) The judge may, in lieu of signing a list in accordance with subsec- tion (2), make an order wholly discharging the recognizance.
(4) The judge, unless he makes an order wholly discharging the recognizance-
(a) shall, at the time when he signs as aforesaid, make an order fixing the term of imprisonment which the person bound by the recognizance is to undergo if any sum due in respect thereof is not duly paid and cannot be recovered by distress; and
(b) may at the same time make an order directing that the sum due in respect of the recognizance be paid on some future date specified in the order, or that the said sum be paid by instalments of such amount, on such dates respectively, as he may specify in such order.
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