PATENTS ORDINANCE, 1892

No. 2 of 1892.
To consolidate and amend the law relating to the grant in this
Colony of Letters Patent for Inventions.

1. The Patents Ordinance, 1892
[1st April, 192.]


2.-(1) It shall be lawful for the inventor, or for the owner by
assignment, tramsmission or other operation of law, 0f, any inven
tion or of the exclusive right thereto in this Colony to petition the
Governor-in-Council for letters patent for any Invention for which
letters patent have already been granted in the United Kingdom
and such petition may be in forrn 1 in the 1st schedule.

As amended by No. 19 of 1911, No. 50 oi 1911 and No. 21 of 1912
As ametided by No. 2 of 1912.
As amended by No. 22 of 1.909, No. 19 of 1911, No. 30 of 1911~
No. 50 of 11511, No. 2 of 1912 Lhild No. 43 of 1912 Su,,)~). Sched.





(2) Every such petition shall be accompanied by the original
letters patent granted for the said Invention in the United Kingdom
or by a certified copy of tbe same ard also by a certified copy of
the complete specification filed on the petition for letters patent for
the said invention in the United Kingdom.

(3) Every such petition shall be, further by a de..
claration which may be in form 2 in the Ist schedule or in such
other form not, being less specifie, as to the Governor may appear
proper.

Every such declaration shall be made before some person duly
authorised to administer an oath in the country where it is made;
and every person who knowingly makes any untrue or faIse state-
ment in any such declaration shall be liable to the penalties of per-
jury.

(4) Where an applicant other than the patentee to whom letters
patent have been granted in the United Kingdom claims to be
entitled by virtue of licence assignment, transmission, or other
operation of law to be entered on the register of patents as pro-
prietor in this Colony of such letters patent, lie shall furnish such
particulars as the Governor may require of the licence, assignment,
transmission, or other operation of in virtue of which his claim
is made.

3. Such petition, specification, and declaration shall be sent to
the office of the Colonial Secretary, and notice thereof and of any
intention to apply for such letters patent, and of the tinle of the
sitting of the Executive Council before which the matter of the
petition will conle for decision, together. with such other particulars
as the Governor may require, shall be inserted twice in the Gazette,
and shall be otherwise advertised as the Governor may direct.

4.-(1) Every petition for a grant of letters patent shall be con-
sidered by the Governor-in-Councll who may refuse the prayer of
the said petition or may grant it absolutely or subject to such con-
ditions, amendments, and modifications as he may think fit
Provided always that no grant of letters patent shall be made in
this Colony for a period exceeding the period of the duration of the
letters patent in the United Kingdom.

As amendecl by No..22 of 1909 and No. 22 of 1911.
As amended by No. 22 of 1(00, No. 22 of 1911 and 'No. GO of 1911,





(2) letters patent granted under the provisions of this Ordinance
shall be in such form as may be prescribed in the United Kingdom
Jor letters patent there granted or as near thereto as circumstances
will permit.

5.-(1) Subject to the, provisions of sub-section (2) letters patent
granted tinder this Ordinance shall confer all thd rights and
privileges and shall subject the grantees thereof to all the provisions
affecting letters patent in the United Kingdom as fully as if the
same had. been granted with all extension thereof to this Colony by
His Majesty under the provisions of such statutes as were in force
on 13th August, 1909, in the United Kingdom or as near thereto
as the circumstances of this Colony shall admit of.
(2) Revocation of letters patent granted in this Colony except
at the requat of the proprictor when the same may be
granted by the Governor shall be obtained only on petition to the
Supreme Court, and the plaintiff shall be required to satisfy the
Court that such revocation is justified in this Colony on grounds
similar to those on which the revocation of letters patent is justified
in the United Kingdom.

Provided that an order of revocation made tinder section 27 of
the Patents and Designs Act, 1907, shall not operate so as to
revoke or to consfitute a ground for revocation of any letters patent
granted in this Colony under this Ordinance, and provided also that
letters patent granted in this Colony shall not be revoked solely
on the ground that the patented article or process is manufactured
or carried on exclusively or mainly outside the Colony if it is manu-
factured or carried on exclusively or mainly in the United Ringdom
or in any British Possession.

6. In case His Majesty by the advice of the Privy Council,
extends the privileges of any letters patent in the United Kingdom
for any invention for any period it shall be lawful for the Governor-
in-Council, to extend in like manner such letters patent, if already
granted for this Colony, or otherwise to grant original letters patent
for a like extended period for the same Invention.

7.-(1) There shall be kept at such office and in the custody of
such officer as the Governor may, by. order to be published in the

Ar a - inenddl by No. 22 of 1009, No. 22 of 1911, No. 1, of 1912 and
No. 2 of 1912.
Asamended by No. 22 of 1909, '~o, 22 of 1911, 'No. 51 of 1911
aild No. 1 of 1912. .
As aineaded by No. 4a of 1912 Supp*. Sched.





Gazette, direct a book called ' The Register of' Patents,' in which
shall be. entered the names and addresses of all grantees of patents
under this Ordinance and notifications of assignments and of
transmissions of such patents and of extensions and revocations
thereof.
(2) The Register of Patents shall be prima facie evidence of all
matters directed or authorised by this Ordinance to be inserted
therein.
(3) The record or file of all patents granted before the com-
mencement of this Ordinance shall be deemed part of the Register
of Patents and kept therewith.

8.-(1) Where a person becomes entitled by assignment, trans-
mission, or other operation. of law to a patent for which letters Or
patent have been granted in this Colony and which letters patent
are valid and subsisting, the Governor-in-Council shall, on request
and on proof of title to his satisfaction, cause the name of such
person to be entered as the proprietor of the patent in the Register
of Patents.
(2) The person for the time being entered on the Register of
Patents as the proprietor of a patent shall, subject to any rights

appearing from such Register or to any prior title Duly recorded
prior to the commencement of this Ordinance, and subject to all
equities affecting the same, have power absolutely to assign, grant
licences as to, or otherwise deal with the same and to give effectual
receipts for any consideration for such assignment, licence, or
dealing.

9. The Register of Patents shall at convenient times be open to
the inspection of the public, and a certified copy under the hand
of such officer as may have the custody thereof, of any entry
in such Register or record shall be given to any person requiring
the same on payment of the fees hereinafter provided.
Is. 10, rep. No. 43 of 1912 Supp. Sebed.]

11.-(1) It shall be lawful for the owner of an invention to
petition the Governor-in- Council for provisional protection in
respect of the said invention pending the grant of letters patent

As amended by No. 22 of 1909 and Xo. 22 of 1911.
As. amended by No. 43 of 1912 Supp. Sched.
As amended by X~. 22 of 1909, No. 22 of 1911 and No. 8 of 1912.





therefor, and the Governor-in-Council may, if lie shall consider
it expedient so to do, direct that the invention may for such reason-
able period as lie shall think fit be used and published in the Colony
without prejudice to the letters patent to be granted for the
invention.
(2) Every such petition shall be accompanied by a specification
describing the nature of the invention, and by a declaration that
the petitioner has applied, or intends to apply within 3 months from
the date of such petitlion, for a grant of letters patent for the said
invention in the United Kingdom, and on obtaining the same, to
apply for a grant of letters patent in this Colony.

12.-(1) The Governor-in-Council may make regulations for the
better carrying out of this Ordinance and a table of fees to be
charged and paid thereunder.
(2) Until amended the fees mentioned in the 2nd schedule shall
be the fees payable under this Ordinance.

FIRST SCHEDULE.
Form No.1
Es. 2.'

Petition for Letters Patent
The Humble Petition of A.B. [or, as the case may be of C.D. as agent for A.B.]
etc.

That your Petitioner [or, as the case may be, that A.B. of whom your Petitioner
is the agent, assignee, executor, or adininistrator has obtained His Majesty's Letters
Patent, dated day of 19 for [state the title of
invention as granted and that such Letters Patent are to continue in force for
years from the day of 19

That your Petitioner believes that the said invention is not now and has not
hitherto been publicly used in this Colony.

That the following is the description of the said invention [here state the particulars
shortly, in accordance with the specification on which the Letters Patent in England
were granted].

Your Petitioner annexes hereto a specification of the said invention and a declara-
tion, pursuant, to the provisions of the Patents Ordinance, 1892, and prays for a grant
of Letters Patent, for the said invention.


And your Petitioner will ever pray, etc.

Foam No. 2,
Declaration.
[s. 2.]

1, [here insert name, condition, and place of residence] do solemnly and sincerely
declare that I am [or, if made by an agent, then that A.B. of is' in
possession absolutely for, if made in respect of a locally confined interest, then within

* ' RMPI'ded by NO. 50 of 1911, No. 1 of 1912 and No. 8 of 1912.
t As anicaded by No. 51 of 1911.
the Colony of Hongkong or according to the fact] of an invention for [state the vature
of the invention in term of the Eiglish Patent] and which invention, I believe, will
in all probability be of great public, utility in the said Colony; that the same is not
publicly used in the said Colony; and that to the best of my knowledge and belief,
the instrument in writing under my hand hereunto annexed particularly describes and
aseertains the nature of the said invention and in what manner the same is to be
performed

Dated this day of 19

(Signed.)

SECOND SCHEULE,
TABLE OF FEES.
1. On filing Petition of Inventor or of Owner by assignment,
transmission, etc., for which Letters Patent have not
theretofore been granted in the Colony .....................5.00
2. On Grant of Letters Patent ...25.00
3. On Application for Extension 5.00
4.

On Grant of Extension or original Letters Patent in lieu of
extension ...............................................25.00
5. On Application for registration of notification of assign-
rnent, transmission, etc . ..............................5.00
6. On registering, notification of assignment, transmission,
etc . ...2.50
7. For every inspection and search of Register, etc . .........1.00
8. For certified copies of entries under section 9, for every
extract not exceeding a folio of 72 words2.00
9. And for every folio or a portion of a folio exceedine, 72
words at the rate of per folio ..................................0.25
10. On Grant of provisional protection pending the grant of
Letters Patent ..................................................10.00
11. For notifying grant of Letters Patent in the Gazette ...5.00
12. For nodying registration of assignment or change of
interest in the Gazette ..........................................5.00

NOTE-An Applicant must, in addition,, pay the cost of
all requisite advertisements in the Gazettte and other
papers.
Short title. Owner or assignee of invention may petition for letters patent. Documents to accompany petition. Particulars of authority to apply to be furnished if required. Filing and advertisement of petition. Hearing of petition. Effect of grant. Procedure to obtain revocation. Limitation or revocation in Hongkong. 7 Edward VII c. 29. Extension of letters patent. Register of Patents. Registration of assignment, etc. Inspection of Register. Provisional protection. Petition to be accompanied by specification and declaration. Regulations and fees.

Short title. Owner or assignee of invention may petition for letters patent. Documents to accompany petition. Particulars of authority to apply to be furnished if required. Filing and advertisement of petition. Hearing of petition. Effect of grant. Procedure to obtain revocation. Limitation or revocation in Hongkong. 7 Edward VII c. 29. Extension of letters patent. Register of Patents. Registration of assignment, etc. Inspection of Register. Provisional protection. Petition to be accompanied by specification and declaration. Regulations and fees.

https://oelawhk.lib.hku.hk/items/show/862

SURVEYOR GENERAL'S (CHANGE OF NAME) ORDINANCE, 1891

No. 1 of 1892.
To give effect to the change in name and style of the Surveyor
General and Surveyor General's Departnient.

[lst April, 1892.]

WHEREAS the Governor has been pleased to direct that the Surveyor
General shall henceforth be known as and styled ' The Director
of Public Works,' and that the General's Department
shall be known as and styled 'The Public Works Departinent,-
and it is expedient to give effect thereto:-


1. The Surveyor General's (Change of Name) Ordinance, 1892.

2. Wherever in any Ordinance, order of the Governor-in-Council,
order of the Governor, rule, regulation, or by-law, or in any deed,
lease, or other document, the expression 'Surveyor General,-
'Surveyor Genera's Department or Surveyor General's Office,',
or any similar expression occurs and in order to give effect thereto
it is necessary to substilute the expression ' Director of Public
Work,-,,' ' Public Works Departinent, ' Public Works Office,-
or other similar expressioD, such Ordinance, or other document shall
be read and construed accordingly.
Short title. Construction of Ordinance, etc., where expression 'Surveyor General,' etc., is used.

Short title. Construction of Ordinance, etc., where expression 'Surveyor General,' etc., is used.

https://oelawhk.lib.hku.hk/items/show/861

BANKRUPTCY ORDINANCE, 1891

No. 7 of 1891.
To amend the law relatiag to bankruptcy.
[In force 1st Jan., 1891]

1. The Bankruptcy Ordinance, 1891,

2. In this Ordinance,
' Available act of bankruptcy ' means any act of bankruptcy
available for a bankruptcy petition at the date of the presentation of
the petition on which the receiving order is made:
'Gazetted' means published in the Gazette:
' Goods ' include all chattels personal :
' Ordinary resolution ' means a resolution decided by a majority
in value of the creditors present, personally or by proxy, at a meet-
ing of creditors and voting on the resolution :
'Property' includes money, goods, things in action, land, and
every description of property, real or personal, immovable or mov-
able, corporeal or incorporeal, and whether situate in this Colony
or elsewhere, and any interest therein whether at law or in equity,

As aniendecl by No. 1 of 1912 und No. 2 of 1912.
f As amelided by No. 51 of 1911 and No. 1 of 1912.
j As amended by No. 50 of 1911 caid No. 1 of 1912.
1





present or future, vested or contingent, arising out Of or, incident
to property as above defined :
'Provable debt' includes any debt or liability provable in bank-
ruptcy under this Ordinance:
'The Registrar' means the Registrar of the Supreme Court
'Secured creditor ' means a person holding a mortgage, charge,
or lion on the property of the debtor or any part thereof as a security
for a debt due to him from the debtor:
'Special resolution' means a resolution decided by a majority
in number and three-fourths in value of the creditors present,
personally or by proxy, at a meeting of creditors and voting on the
resolution
'Suit' and 'action' are synonymous terms
'The trustee' means the trustee in bankruptcy of the debtor's
estate.

PAEtT 1.

PROCEDINGS FROM ACT OF BANKRUPTCY DISCHARGE.
Acts of Bankruptcy.
3.-(1). A debtor commits an act of bankruptey in each of the
followillg cases:-
(a) if, in this Colony or elsewhere, he mades a conveyance or
assignment of his property to a trustee or trustees for the benefit of
his creditors generally; or
(b) if, in this Colony or elsewhere, he makes a fraudulent con-
veyance, gift, delivery, or transfer of his property or of any part
thereof; or
(c) if, in this Colony or elsewhere, he makes a conveyance or
transfer of his property or any part thereof or creates any charge
tbereon which would be void as a fraudulent preference if he were
adjudged bankrupt; or
(d) if, with intent to defeat or delay his creditors, he does any of
the following things, namely, departs out of this Colony, or being
out of this Colony, remains out of it, or departs from his dwelling
house, or otherwise absents himself, or begins to keep house,
or removes his property or any part thereof beyond the jurisdiction
of the Court ; or

As arnended by No. 6 of 1002 and No. 8 of 1912.





(e) if execution against him in proceedings in the Court has been
levied by seizure of his goods, and the goods have been sold or held
by the bailiff of the Court for 21 days; or
(f) if he files in the Court a declaration of his inability to pay his
debts or presents a bankruptcy petition against himself; or
(g) if a creditor has obtained a final judgment against him for any
amount and, execution thereon not having been stayed, has served
on him in this Colony, or by leave of the Court elsewhere, a bank-
ruptcy notice under this Ordinance requiring him to pay the Judg-
ment debt in accordance with the terms of the Judgment or to secure
or compound for it to the satisfaction of the creditor or the Court,
and he does not, within 8 days after service of the notice, in case
service is effected in the Colony, or, in case service 'is effected
elsewhere, within the time limited in that behalf by the order giving
leave to effect service elsewhere, either comply with the require-
ments of the notice or satisfy the Court that he has a Counter-claim,
set-off, or cross-demand which equals or exceeds the amount of the
judgment debt, and which he could not set up in the action in which
the judgment was obtained ; or
(h) if he gives notice to any of his creditors that he has suspended
or that he is about to supsend of his debts.

(2) A bankruptcy notice under this Ordinance shall be issued to
a judgment, creditor by the Relgistral, on the filing of a request for
that purpose.

(3) The word 'debtor' in this section includes a person who,
through not himself personally within the Colony, carries on busi-
ness by an agent within the Colony and possesses assets therein.

In the case of a person who is not, a British subject, the meaning
of the word 'debtor' is not confined to a person who is personally
present in the Colony when he commits the act, which is made an
act of bankruptcy.

Receiving Order and Official Receiver.

4. Subject to the conditions hereinafter specified, if a debtor
commits an act of bankruptcy the Court may, on a bankruptcy
petition being presented either by a creditor or by the debtor, make
an order, called a 'receiving order,' for the, protection of the
estate.





5.-(1) Subject to the provisions of the next section, a creditor
shall not be entitled to present a bankruptcy petition against a
debtor unless-
(a) the debt owing by the debtor to the petitioning creditor, or,
if two or more creditors join in the petition, the aggregate amount
of debts owing to the several petitioning creditors, aniounts to 300
dollars; and
(b) the debt is a liquidated sum payable, either immediately or at
some certain future time; and
(c) the act of bankruptcy on which the petition is grounded has
occurred within 4 months before the presentation of the petition
and
(d) the debtor is domiciled in the Colony or, within a year before
the date of the presentation of the petition, has ordinarily resided
or had a dwelling house or place of business in the Colony.
(12) If the petitioning creditor is a secured creditor, he must in
his petition either state that lie is willing to give up his security for
the benefit of the creditors in the event of the debtor being adjudged
bankrupt or give an estimate of the value, of his security. In the
latter case he may be admitted as a petitioning creditor to the
extent of the balance of the debt due to him, after deducting the
value so estimated, in the same manner is if he werean unsecured
creditor.

6. The following provisions shall have effect, in the case of a firm
carrying on business in the Colony; that is, to say,--
(1) a croditor of the firm shall be entitled to present a bankruptcy
petition against the firm, and a receiving order and an order
of adjudication may be made against the firm in respect of an act
of bankruptcy committed in reference to the business of the firm
by any partner of the firm or by any person having tbe control or
management of the business of the firm. An act of bankruptcy shall
be deemed to be committed in reference to the business of the firm
in all cases in which the act, relates to the property or creditors of
the firm and would be all act, of bankruptcy by such partner
or person as aforesaid if if, related to his property, or creditors ;
(2) it shall be sufficient that a receiving order against the firm
be made in the firm name, without mentioning the names of the

* As Pirnended by No. 50 of 1911.





partners, and such receiving order shall affect the joint and separate
property of all the partners, and the like provisions shall apply in
respect of an adjudication of bankruptcy ;
(3) the right of a creditor to present a bankruptcy petition
against the firm, and the jurisdiction of the Court to make a receiving
order or an adjudication of bankruptcy against the firm, shall not
be affected by the fact, if it is so, that all or any of the partners of
the firm are not British subjects or are not resident or domiciled
in the Colony; and
(4) the provisions of this section shall, so far as the nature of the
case will permit, apply to any person carrying on business in the
Colony in a name or style other than his own name.

7.-(1) A creditor's petition shall be verified by affidavit of the
creditor, or of some person his behalf having knowledgc, of the
facts, and served in the same manner as a writ of summons.
(2) It shall not be heard until the expiration of 8 days from the
service thereof, except by leave of the Court on good cause shown.
(3) At the bearing the Court shall require proof of the debt of
the petitioning creditor, of the service of the petition, and of the
act of bankruptcy, or, if more acts of bankruptcy than one are
alleged in the petition, of some one of the alleged acts of bankruptcy,
and, if satisfied with the proof, may make a receiving order
in pursuance of the petition.
(4) If the Court is not satisfied with the proof of the petitioning
creditor's debt, or of the service of the petition, or of the act
of bankruptcy, or is satisfied by the debtor that he is able to pay
his debts, or is satisfied that there are and will be no substantial
assets for division among the creditors, or that for other sufficient
cause no order ought to be made, the Court may dismiss the petition.
(5) A debtor intending to show cause against a petition shall file
with the Registrar a notice specifying the statements in the petition
he intends to dispute, and shall serve on ihe petitioning creditor
or his solicitor a copy of such notice 2 days before the day on which
the petition is to be heard.
(6) Where the debtor appears on the petition and denies that he
is indebted to the petitioner, or that he is indebted to such an
amount as would justify the petitioner in presenting a petition
against him, the Court, on such security, if any, being given as the
Court may require for payment to the petitioner of any debt which





may be established against him in due course of law and of the costs
of establishing the debt, may, instead of dismissing the petition,
stay all proceedings on the petition for such time as may be required
for trial of the question relating to the debt.
(7) Where proceedings are stayed, the Court may, if by reason
of the delay caused by the, stay of proceedings or for any other cause
it thinks just, make a receiving order on the petition of some other
creditor, and shall thereupon dismiss, on such terms as it thinks
just, the petition in which proceedings have been stayed as afore-
said.
(8) A creditor's petition shall not after presentment be withdrawn
without the leave of the Court.

8.-(1) A debtor's petition shall allege that the debtor is unable
to pay his debts, and the presentation thereof shall be deemed an
act of bankruptcy without the previous filling by the debtor of any
declaration of inability to pay his debts, and the Court shall there-
upon make a receiving order : Provided that it shall be lawful for
the Court, in its discretion, to refuse the order unless it is satisfied
that there are or will be substantial assets for division among the
creditors.
(2) A debtor's petition shall not after presentment be withdrawn
without the leave of the Court.

9.-(1) The Governor may appoint such person as he thinks fit
to be Official Receiver of debtors' estates under this Ordinance and
may remove such person from such office.
(2) The Official Receiver shall act under the general anthority
and direction of the Governor and shall also be an officer of
the Court.

10.-(1) On the making of a receiving order, the Official Receiver
shall be thereby constituted receiver of the property of the debtor,
and thereafter, except as directed by this Ordinance, no creditor to
whom the debtor is indebted in respect of any debt provable or
in bankruptcy shall have any remedy against the property or person
of the debtor in respect of the debt or shall commence or continue
any action or other legal proceedings, except with the leave of the
Court and on such terms as the Court may impose .On making the
receiving order, the Court may, if it thinks fit, direct that no







execution against the person of the debtor shall be stayed until the
debtor finds sufficient security to appear and abide by all orders of
the Court, in relation to the bankruptcy proceedings or until
order, and in such case any creditor may, in the meantime, proceed
to execution against the person of the debtor in the same way as
if no receiving order had been made.
(2) Nothing in sub-section (1) shall affect the power of any
secured creditor to realize or otherwise deal with his security in the
same manner as he would have been entitled to realize or deal with
it if this section bad not been passed.
(3) If, at the date of the receiving order, the debtor is a prisoner
under an execution for a civil debt, he shall not be entitled to his
release except by order of the Court, but the Court may, in its dis-
cretion, order his release either unconditionally or subject to such
conditions as it may deem fit to secure the debtor's presence at the
subsequent proceedings er otherwise.

11.-(1) The Court, if it is shown to be necessary for the protec-
tion of the estate,may,at any time after the presentation of
a bankruptcy petition and before a receiving order is made, appoint
the Official Receiver to be interim receiver of the property of the
debtor or of any part thereof, and direct him to take immediate pos-
session thereof or of any part thereof, including all books of account
and other papers and documents belonging to the debtor and
relating to his business.
(2) At any tinic after the presentation of a bankruptcy petition,
the Court way, in its discretion, stay any action, execution, or other
legal process against the property or person of the debtor or allow it
to continue on such terms as it may think just.

12.-(1) In any where it is desirable that the debtor's
business be temporarily carried on and it is inconvenient for the
Official Receiver to carry it on, the Court may appoint a special
manager for the purpose to act under the direction of the Official

Receiver until the appointment of the trustee.
(2) The Court may also, if necessary,appoint an interim receiver
for the protection of the estate, to act under the direction of the
Official Receiver.
(3) The special manager or interim receiver shall receive such
remuneration and give stich security as the Court may order.






13.Notice of every receiving order,stating the name,address,
and description of the debtor, the date of the order,and the date
of the petition, shall be gazetted and advertised in at least one local
newspaper by the Official Receiver.

14.-(1) As regards the estate of the debtor it shall be the duty
of the Official Receiver:-
(a) to act as interim receiver of the debtor's estate pending the,
appointment of a trustee, and, where a special manner has not been
appointed, to act as manager thereof;
(b) to raise money for the purposes of the estate in any case
where, in the interests of creditors, it appears necessary to do so
(c) to take possession of all the books, documents, and papers of
the debtor and of all or any of the properly of the debtor
(d) to summon and preside at the first meeting of creditors
(e) to issue forms of proxy for use at the meetings of creditors
(f)to report to the creditors as to any proposal which the debtor
may have made with respect to the mode of liquidating his affairs;
(g) to advertise the receiving order and the date of the creditors'
first meeting and of the debtor's public examination and such other

matters as it may be necessary to advertise;
(h) to act as trustee during any vacancy in the office of trustee
and
(i) to assist the debtor in preparing his statement of affairs, in
case the debtor has no solicitor for him and is unable properly
to prepare it himself.
(2) As regards the debtor it shall be the duty of the Official
Receiver-
(a) to investigate the conduct of the debtor and to report to the
Court stating whether there is reason to believe that the debtor has
committed any act which constitntes in offence under this Ordi-
nance or which would justify the Coart in refusing, suspending, or
qualifying an order for his discharge;
(b) to conduct the public examination of the debtor ; and
(c) to assist in the prosecution of any fraudident debtor.
(3) The Official Receiver shall, on the appointment of a trustee
other than himself, account to the Court for all his dealings with
the estate, and, on passing such accounts, shall be entitled to be
paid out of the estate such fee as the Court may order.





Proceedings consequent on Receiving Order.
15.-(1) As soon as may be after the making of a receiving order
against a debtor, the first general meeting of his creditors shall be
held for the purpose of considering whether a proposal for a com-
position or scheme of arrangement can be entertained or whether it
is expedient that the debtor shall be adjudged bankrupt, and
generally as to the mode of dealing with his property.
(2) Unless the Court otherwise orders, such meeting shall be held
within 28 days of the date of the receiving order, and not less than

3 days notice of the time and place thereof shall be given in the
Gazette and a local newspaper.
(3) The meeting shall be presided over by the Official Receiver
and the proceedings thereat shall be recorded by him in writing.
(4) A person shall not be entitled to vote at the first or
any subsequent meeting unless he has proved his debt.


(5) A creditor who has proved may vote either in person or by
proxy appointed wider his hand or by attorney duly authorised in
that behalf. A person claiming to vote for or on behalf of a creditor
shall satisfy the Official Receiver of his right to do so or be precluded
from voting.

(6) The meeting may be adjourned from time to time and from
place to place.

(7) Previous to the first meeting it shall be the duty of the Official
Receiver to give notice in writing, as he may think fit, to such per-
sons as are mentioned as creditors in the debtor's statement of affairs
or as he knows to be or has reason to believe are creditors of the
estate. The notice shall state-
(a) the time and place of meeting;
(b) that the creditor cannot vote unless he previously proves his
debt ;
(c) that forms of proof and proxy can be obtained at the office of
the Official Receiver during office hours; and
(d) that at such meeting the creditors will be asked to consider
whether the debtor shall be adjudged bankrupt or whether they will

entertain a proposal for a composition or scherne of arrangement.

(8) Any subsequent meeting shall be summoned by giving notice

in writing to such of the creditors as have proved, and such notice
shall state the object for which such meeting is summoned.





16-(1)Where a receiving order is made, the debtor shall make
out and submit to the Official Receiver a statement of and in relation
to his affairs, verified by affidavit, and showing particulars of his
assets, debts, and liabilities, the names, residences and occupations
of his creditors, whether in the Colony or elsewhere, the securities
held by them respectively, the dates when the securities were res-
pectively given, and the debtor's personal expenses and, if any,
business expenses for the last preceding 3 years.
(2) The statement shall be made and deposited with the Official
Receiver within 7 days of the making of the receiving order, unless
the time is extended by the Court.
(3) If the debtor fails, without reasonable excuse, to comply with
the requirements of this section, he may be punished for a contempt
of Court, and the Court, may, on the application of the Official
Receiver or of any creditor, adjudge him bankrupt forthwith.

Public Examination of Debtor.
17.-(1) As soon as may be after the time limited for filing the
statement of affairs, the Court shall hold a public sitting, on a day
to be appointed, for the examination of the debtor, and the debtor
shall attend thereat and shall be examined as to his conduct,
dealings, and property.

(2) The Official Receiver and any creditor may take part in the
examination of the debtor, and the Court may put such questions as
it may deem expedlent.
(3) The Official Receiver may, if specially authorised by the Court,
employ a solicitor, with or without counsel, to conduct such ex-
amination, but no solicitor or counsel shall be allowed to take part
in the examination on behalf of the debtor.
(4) The debtor shall be examined upon oath, and it shall be his
duty to answer all such questions the Court may put or allow to
be put to him, and it shall not be lawful for the debtor to refuse to
answer any question on the ground that the answer might tend
to criminate him under the provisions of this Ordinance.
(5) Such notes of the examination as the Court thinks proper
shall be taken down in writing, and shall he read over to and signed
by the debtor and may thereafter be used in evidence against him.
(6) The examination may be adjonmed from time to time, and
shall not be concluded until after the day appointed for the first
meeting of creditors.





(7) The examination may be held by a commissioner of the Court,
if the Court so orders, and in such case the commissioner appointed
shall have all the powers of the Court with respect to the examina-
tion.

Composition or Scheme of Arrangement.
18.-(1) The creditors may, at the first meeting or any adjourn-
ment thereof, by special resolution, resolve to entertain a proposal
for a composition in satisfaction of the debts due to them from the
debtor or a proposal for a scheme of arrangement of the debtor's
affairs.
(2) The composition or scheme shall not be binding on the
creditors unless it is confirmed by a resolution passed (by a majority
in numbers representing three-fourths in value of all the creditors
who have proved) at a subsequent meeting of the creditors and is
approved by the Court.
(3) The subsequent meeting shall be summoned by the Official
Receiver by not less than 7 days' notice,and shall not be held until
after the public examination of the debtor is concluded. The notice
shall state generally the terms of the proposal and shall be given by
posting a letter or by a notice, in writing to each creditor who has
proved and by advertising the subsequent meeting in the Gazette
and at least, in one local newspaper.
(4) The debtor or the Official Receiver may, after the composition
or scheme is accepted by the creditors, apply to the Court to approve
it.
(5) If the Court is of opinion that the terms of the composition
or scheme are not reasonable or are not calculated to benefit
the general body of creditors, or if the Court is dissatisfied with the
conduct of the debtor, the Court may, in its discretion, refuse to
approve the composition or scheme.
(6) If the Court approves the composition or sebeme, the approval
thereof may be testified by the seal of the Court being attached to
the instrument containing the terms of the composition or scheme

or by the terms being embodied in an order of the Court. A com-
position or scheme accepted and approved as aforesaid shall be
binding on all the creditors so far as relates to any debts due to them
from the debtor and provable in bankruptcy :Provided that if any






such debt was incurred by fraud or if forbearance of the payment
thereof before the date of the arrangement was obtained by fraud,
the debtor shall remain liable for the unpaid balance, unless the
defrauded creditor was in assenting party to the arrangement. As
regards any debt not provable in bankruptcy,it shall be binding on

the creditor if he acsents to the composition or scheme, but not
otherwise.
(7) The provisions of a composition or scheme under this section
may be enforced by the Court on application by any person inter-
ested, and any disobedience of an order of the Court made on
the application shall be deemed a contempt of Court.
(8) If default is made in payment of any instalment due in
pursuance of the composition or scheme, or if it appears to the Court
that the composition or scheme cannot, in consequence of legal
difficulties or for any other sufficient cause, proceed witliout injustice
or undue delay to the creditors or to the debtor, or that the approval
of the Court was obtained by fraud, the Court may, if it thinks fit,
on application by any creditor, adjudge the debtor bankruptcy and
annul the composition or scheme, but without prejudice to the
validity of any sale, disposition, or payment duly made or thing
duly done under or in pursuance of the composition or scheme.
Where a debtor is adjudged bankrupt under this sub-section, any
debt provable in other respects which has been contracted before
the date of the adjudication shall be provable in the bankruptcy.
(9) If, under or in pursuance of a composition or scheme,a
trustee is appointed by the creditors to administer the debtor's pro-
perty or manage his business, Part III shall apply to the trustee
and to the composition or scheme as if the trustee were a trustee in
a bankruptcy and as if the terms 'bankruptcy,' 'bankrupt,' and
'order of adjudication' included respectively a composition or
scheme of arrangement, a compounding or arranging debtor, and
an order approving the composition or scheme.
(10) Part II shall, so far as the nature of the case and the terms
of the composition or scheme admit,thereto, the same inter
pretation being given to the words 'trustee,' 'bankruptcy,'
'bankrupt,' and 'order of adjudication' as in the last sub-sec-
tion.
(11) No composition or scheme shall be approved by the Court
which does not provide for the payment in priority to other debts of
all debts directed to be so paid in the distribution of the property
of a bankrupt.





Adjudication of bankruptcy.
19.-(1) Where a receiving order is made against a debtor, then,
if the creditors, at the first meeting or any adjournment thereof, by
resolution resolve that the debtor be adjudged bankrupt or pass no
resolution, or if the creditors do not meet, or if a composition or
scheme is not accepted or approved within 14 days after the conclu-
sion of the examination of the debtor or such further time as the
Court may allow, the Court shall adjudge the debtor bankrupt ; and
thereupon the property of the bankrupt shall become divisible among
his creditors and shall vest in a trustee.
(2)Notice of every order adjudging a debtor bankrupt, stating
the name, address, and description of the bankrupt, the date of the
adjudication, and the name of the trustee, shall be gazetted
and advertised in at least one local paper.
(3) The date of the order shall, for the purposes of this Ordinance,
be the date of the adjudication.

20.-(1) At any time prior to adjudication the creditors may, by
ordinary resolution, nominate some fit person to be trustee in the
bankruptcy, and on making the adjudication the Court shall appoint
the creditor's nominee or, if dissatisfied with the nomination or if
there is no nomination, some other person to be trustee. The Official
Receiver may be appointed trustee, if the Court thinks fit.
(2) A trustee other than the Official Receiver shall give such
security as the Court may direct.

21-(1) At the first or any subsequent meeting the creditors
may, by ordinary resolution, appoint from among the creditors
qualified to vote or the holders of general proxies or general powers
of attorney a Committee of Inspection, consisting of three persons,
for the purpose of superintending the administration of the bank-
rupt's property by the trustee.
(2) Any two members of the Committee may act.
(3) On a vacancy occurring by death, resignation, incapacity, or
otherwise, the trustee shall summon a meeting of creditors for the
purpose of filling the vacancy, but the continuing members may act
notwithstanding the vacancy.
(4) If there is no Committee of Inspection, any act or thing or
any direction or permission by this Ordinance authorised or required
to be done or given by the Committee may be done or given by the
Court on the application of the trustee.





22.-(1) Where a debtor is adjudged bankrupt the creditors may,
if they think fit, at any time after the adjudication, by special re-
solution, resolve to entertain a proposal for a composition or scheme
of arrangement of the bankrupt's affairs ; and thereupon the same
proceedings shall be taken and the sanie consequences shall ensue
as in the case of a composition or scheme accepted before adjudica-
tion.

(2) When a composition or scheme is approved by the Court after
adjudication, or if the Court is satisfied, by fresh evidence or other
wise, that the debtor ought not to have been adjudged bankrupt, or

when the debts of the bankrupt are all Ivild in full, with interest,
the Court may annul the adjudication, but such annulment shall
not invalidate or affect acts theretofore (lone by the Official Receiver,
trustee, or manager, or any person acting under their authority or
under the authority of the Court.

Control over Person and Property of Debtor.
23-(1) Every debtor against whom a receiving order is made

shall, unless prevented by sickness or other sufficient cause, attend
the first meeting of his creditors and shall submit to such examina-
tion and give such information as the meeting may require.

(2) He shall give such inventory of bis property, such list of his
creditors and debtors and of the debts due to and from them respec-
tively, submit to such examination in respect of his property or his
creditors, attend such other meetings of his creditors, wait at such
times on the Official Receiver, special manager, or trustee, execute
such powers of attorney, conveyances, deeds, and instruments, and
generally do all such acts and things in relation to his property and
the distribution of the proceeds among his creditors as may be
reasonably required by the Official Receiver, special manager,
trustee, or any creditor or person interested.
(3) He shall, if adjudged bankrupt, aid to the utmost of his power
in the realization of his property and the distribution of the pro-
ceeds among his creditors.
(4) If a debtor wilfully fails to perform the duties imposed on him
by this section or to deliver up possession of any part of his property
which is divisible among his creditors under this Ordinance, and

which is for the time being in his possession or under his control,
to the Official Receiver, or to the trustee, or to any persod





authorised by the Court to take possesslon of it, he shall, in addition
to any other punishment to which he may be subject, be guilty of a
contempt of Couit and may be punished accordingly.


24.-(1) The Court may, by warrant, cause a debtor to be
arrested and any books,money, and goods in his possession
to be seized, and him and them safely kept until such time as the
Court may order, under the following circumstances:-
(a) if, after a bankruptcy notice has been issued under this Or-
dinance or after the presentation of a bankruptcy petition by or
against him, it appears to Ihe Court, that there is probable reason
for believing that he has absconded or is about to abscond with a
view of avoiding payment of the debt in, respect of which the bank-
ruptcy notice was issued, or of avolding service of a bankruptcy
petition, or of avoiding appearance to any petition, or of avoid-
ing examination in respect of his affairs, or of otherwise avoid-
ing, delaying, or embarrassing proceedings in bankruptcy against
him
(b) if, after presentation of a bankruptcy perition by or against
him, it appears to the Court that there is probable cause for believing
that he is about to remove, his goods with a view of preventing or
delaying possession being taken of them by the Official Receiver
or trustee, or that there is probable ground for believing that, he has
concealed or is abotit to conceal or dostroy any of his goods
or any books,documents,or writings which might be of use
to his creditors in the course of his bankruptcy;
(c) if, after service of a bankruptcy petition on him or after a
receiving order has been made against him, he removes any goods
in his possession above the value of 25 dollars, without the leave of
the Official Receiver or trustee;
(d) if, without good cause shown, he fails to attend any examina-
tion ordered by the Court ; and
(e) if there is probable reason for believing that the debtor has
committed an offence punishable under this Ordinance.

(2) When an order of committal is made agrainst a debtor or other
person for disobeying any order of the Court or of the Official
Receiver or trustee to do soine particular act or thing, the Court

that such debtor or person, as the case may be, obeys the previous
may direct that the order of committal shall not be issued provided
order within a specified time.





(3) No payment or composition made or security given after
arrest made under this section shall be exempt from the provisions
of this Ordinance relating to fradulent preferences.

(4)At any time after a receiving order has been made, the Court
may,if it thinks fit,issue a warrant for the seizure and detention
of any books, papers,money, or goods in the debtor's possession.

25. Where a receiving order is made against a debtor,the Court,
on the application of the Official Receiver or trustee, may from time
to time order that, for such time not exceeding 3 months as the
Court thinks fit, telegrams, post, letters, and parcels addressed to
the debtor at any specified place or places shall be re-directed, sent,
or delivered by the agent of the telegraph company, or the Colonial
Postmaster General or the officers acting under him, to the Official
Receiver or the trustee or otherwise as the Court may direct, and
the same shall be done accordingly.

26-(1) The Court may, at any time after a receiving order has
been made against a debtor, summon before it the debtor or his wife
or any person known or suspeected to have in his possession any of
the estate or effects belonging to the debtor or supposed to be
indebted to the debtor, or any person whom the Court may deem
capable of giving information respecting the debtor,his dealings,
or property ; and the Court may require any such person to produce
any documents in his custody or power relating to the debtor,his
dealings or property.

(2) If any person so summoned, after having been tendered a rea-
sonable sum, refuses to come before, the Court at the time appointed
or refuses to produce any such document,having no lawful impedi-
ment made known to the Court at the time of its sitting and allowed
by it, the Court may, by warrant, cause hini to be apprehended and
brought up for examination.

(3) The Court, by itself or by a commissioner appointed for the
purpose, may examine upon oath, either by word of mouth or by
written interrogatories, any person so brought before it concerning
the debtor, his dealings or property.

(4) If any person, on examination, admits that he is indebted to
the debtor, the Court way, on the applicatioa of the Official
Receiver or trustee, order him to pay to the Receiver or trustee, at
such time and in such manner as the Court may think proper, the





amount admitted or any part thereof, either in full discharge of the
whole amount in question or not, as the Court thinks fit, with or
without costs of the examination.
(5) If any person,on examination, admits that he has in
his possession any property belonging to the debtor, the Court may,
on the application of the Official Receiver or trustee, order him to
deliver to the Official Receiver or trustee such property or any part
thereof at such time, and in such manner, and on such terms as to
the Court may seem just.
(6) The Court may, if it thinks fit, order that any person who, if
in the Colony, would be liable to be brought before it under this
section shall be examined by a commissioner appointed for the
purpose in any place out of the Colony.
(7) In the case of the death of the debtor or his wife or
of a witness whose evidence has been duly taken under this Ordi-
nance, the deposition of the person so deceased, purporting to
be sealed with the seal of the Court, or a copy thereof purporting to
be so sealed, shall in all legal proceedings be adniAtted as evidence
of the matters therein deposed to, saving all just exceptions.

Discharge of Bankrupt.
27.-(1) A bankrupt may, at any time after being adjudged bank-
rupt, apply to the Court for an order of discharge, and the Court
shall appoint a day for hearing the application, but the application
shall not be heard until the public eminiination of the bankrupt is
concluded. The application shall be heard in open Court.
(2) Where the bankrupt does not of his own accord, within such
time as the Court may deem reasonable, apply for his discharge, the
Court may, of its own motion or on the application of tbe trustee or
of any creditor who has proved, make an order calling upon
the bankrupt to come up for his discharge on a day to be fixed by
the Court, and, on due service of the order, if the bankrupt does not
appear on the day fixed thereby, the Court may make such order as
it thinks fit, subject to the provisions of this section.
(3) On the hearing of the application or on the day fixed for the
bankrupt to come up for his discharge as aforesaid, the Court, sub-
ject to the provisions hereinafter contained, may either grant or
refuse an absolute order of discharge, or suspend the operation of







the order for a specified time, or grant, in order of discharge subject
to any conditions with respect to any earnings or income which may
afterwards become due to the bankrupt or with respect to his after-
acquired property: Provided that the Court shall refuse the dis-
charge in all cases where the bankrupt has committed any misde-
meanor under this Ordinance, and shall, on proof of any of the facts
hereinafter mentioned, either refuse the order, or suspend the
operation of the order for a specified time, or grant an order of dis-
charge subject to any such,conditions Ps aforesaid.

(4) The facis hereinafter referred to are-
(a) that the bankrupt, with intent to conceal the true state of his
affairs, has omitted to keep such books of account, as are usual and
proper in the business carried on by him and as sufficiently disclose
his business transactions and financial position within the 3 years
immediately preceding his bankruptcy;
(b) that the bankrupt has carried on trade by means of fictitious
capital ;
(c) that the bankrupt has continned to trade after knowing him-
self to be insolvent;
(d) that the bankrupt has contracted any debt provable in the
bankruptcy without having, at the time of contracting it, any
reasonable or probable ground of expectation (proof whereof shall
lie, on him) of being able to pay it;
(e) that the bankrupt has brought on his bankruptcy by rash and
hazardous speculation or unjustifiable extravagance in living;
(f) that the bafficrupt has put any of his creditors to unnecessary
expense by a frivolous or vexatious defence to any action properly

brought against him ;
(g) that the bankrupt has, within 4 months next preceding the
date of the receiving order, when unable to pay his debts as they
became due, given an undue preference to any of his creditors ;
(h) that the bankrupt has on any previous occasion been adjudged
bankrupt or made a statutory composition or arrangement with his

creditors;
(i) that the bankrupt has been guilty of any fraud or fraudulent
breach of trust ;
(j) that the bankrupt has, since the commencement of the bank-
ruptey proceedings,misconducted himself in connection with such
proceedings; and





(k) that a dividend or dividends of 50 per cent. has or have not
been paid or will not, lin the opinion of the trustee, be payable on
the debts proved.
(5) the Court may, on proof to its satisfaction of the facts men-
tioned in paragraphs (a), (b) , (c) , (d) , (e), or (f) of the
last sub-section, summarily sentence the bankrupt to imprisonment
for any term not exceeding one year.
(6) Notice of the appointment by the Court of the day for hearing
the application for discharge shall be gazetted and published in at
least one localnot less than 14 days at least before the
day so appointed.The Court may hear the Official Receiver, the
trustee, and any creditor. At the hearing the Court may put such
questions to the debtor and receive such evidence as it may think fit.
(7) The Court may, as one of the conditions referred to in this
section, allow Judgment to be entered against the bankrupt by the
trustee for any balance or part of any balance of the debts provable
under the bankruptcy which is not satisfied at the date of the dis-
charge, but in such case execution shall not be issued on the
judgment without leave of the Court, which leave may be given on
proof that the bankrupt has, since his discharge, acquired property or
income available for payinent of his debts.
(8) A discharged bankrupt shall, notwithstanding his discharge,
give such assistance as the trustee may require in the realisation and
distribution of such of his property as is vested in the trustee, and,
if he falls to do so, lie shall be guilty of a contempt of Court, and
the Court may also, if it thinks fit, revoke his discharge, but without
prejudice to the validity of any sale, disposition, or payment duly
made or thing duly done subsequent to the discharge but before its
revocation.

28.-(1) An order of discharge shall not release the bank-
rupt from any debt on a recognizance or bail-bond to the Crown or
to a public officer as such or from any debt with which the bankrupt
may be chargeable at the suit of any public officer on behalf of the
Crown, and the bankrupt shall not be discharged from such
excepted debts unless the Treasurer certifies in writing his consent
to his being discharged therefrom.
(2) An order of discharge shall not release, the bankrupt from any
debt or liability incurred by means of any fraud or fraudulent breach






of trust to which he was a party or from any debt, or liability whereof
he has obtained forbearance by any fraud to which he was a party.
(3) An order of discharge shall release the bankrupt from all
other debts provable in bankruptcy.
(4) An order of discharge shall not release any person who, at the
date of the receiving order, was a partner or co-trustee with the
bankrupt or was jointly bound or had inade any joint contract with
him or any person who was surety or in the nature of a surety for
him.

29-(1) Where, in the opinion of the Court, a debtor ought not
to have been adjudged bankrupt or where it is provd, to the

satisfaction of the Court, that the, debts of the bankrupt have been
paid in full or fully secured to the satisfaction of the Court,
the Court may, on the application of any person interested, by order
annul the adjudication.
(2) Notice of the order annulling an adjudication shall be forth-
with gazetted.
(3) Where an adjudication is annulled, all sales and dispositions
of property and payments duly made and acts theretofore done by
the Official Receiver, trustee, manager, or other person acting under

their authority or by the Court shall be valid, but the property of
the debtor who was adjudged bankrupt shall vest in such person
is the Court may appoint, or, in default of any such appointment,
revert to the debtor for all his estate or interest therein, on such
terms and subject to sneh conditions, if any, as the Court may, by
order, declare.

PART 11.
ADMINISTRATION OF PROPERTY.
Proof of debts.
30-(1) A debt may be proved, immediately after the making of
a receiving order, by delivering or sending through the post to the
Official Receiver or to the trustee an affidaxit verifying the debt
made by the creditor or by some person on his behalf having
knowledge of the necessary facts.
(2) The affidavit shall state whether the creditor is or is not a
secured creditor.
(3) If a secured creditor realizes his security, he may prove for
the balance due to him, after deducting the net amount realized,





(4) If a secured creditor surrenders his security for the, benefit of
the creditors, he may prove for his whole debt.

(5) If a secured creditor neither realizes nor surrenders his
security, he may in his proof set a value on it and prove for
the balance, but when it is so valued the trustee may, at any time
before it is realized, redeem it for the benefit of the estate on pay-
ment of the amount of the valuation, or the Court, on the applica-
tion of the trustee, may order the realization of the security by sale
by public auction or otherwise : Provided that the creditor may at
any time, by notice in writing,require the Official Receiver or
trustee to elect whether he will or will not exercise his power of
redeeming the security or requiring it to be realized, and if
the Official Receiver or trustee does not, within 6 months after
receiving notice as aforesaid, signify in writing to the creditor his
election to exercise the power, he shall not be entitled to exercise
it; and the equity of redemption or other interest in the property
comprised in the security which is vested in the Official Receiver or
trustee, shall vest in the creditor, and the amount of his debt shall be
reduced by the amount at which the security has been valued.

(6) By leave of the Court, a valuation as above provided for may
be amended on such terms as the Court may think just, on proof
that it was made bona fide on a mistaken estimate or that the secur-
ity has increased or diminished in value since the prior valuation.

(7) If a creditor's security is realized after valuation, the net
amount realized shall, for the purposes of proof, be substituted for
the amount of the valuation.

(8) Where a creditor seeks to prove in respect of a bill of ex-
change, promissory note, or other negotiable instrument or
security on which the debtor is liable, such bill of exchange, note,
instrument, or security must, subject to any special order of the
Court, be produced to the Official Receiver before the proof can be
admitted either for voting or for dividend, and the amount of any
dividend paid must be indorsed on the instrument.

(9) Subject to the power of the Court to extend the time, the
Official Receiver or trustee shall, within 14 days after receiving a
proof, either admit it, or reject it wholly or in part, or require further
evidence in support of it, and shall notify his decision to the
creditors at the next general meeting. An appeal to the Court from
the admission or rejection of a proof shall not lie after the expiration





of one month from the date of the decision, unless the Court allows
it for special reasons shown.

31-(1) Demands in the nature of unliquidated damages arising

otherwise than by reason of a contract, promise, or breach of trust
shall not be provable in bankruptcy.
(2) A person having notice of any act or bankruptcy avail-
able against the debtor shall not prove for any debt or liability con-
tracted by the debtor subsequently to the date of his so having
notice.
(3) Save as aforesaid, all debts and liabilities, present or future,
certa,in or contingent, to which the debtor is subject at the date of
the receiving order, or to which he may become subject before his
discharge by reason of any obligation incurred before the date of the
receiving order, shall be deemed to be debts provable in bankruptcy.
(4) The value of any debt or liability provable as aforesaid wbich,
by reason of its being subject to any contingency or contingencies
or for any other reason, does not bear a certain value may be
estimated by the Court, on the application of the trustee. The
amount so estimated shall be deemed a debt provable in bankruptcy,
but if the Court is of opinion that the debt or liability cannot be
fairly estimated, it shall not be deenled provable in banlauptcy.

(5) ' Liability ', shall, for the purposes of this Ordinance,
include any compensation for work or labour done, any obligation or
probability of in obligation to pay money or money's worth on the
breach of any express or implied covenant, contract, agreement,
or undertaking, whether the breach does or does not occur, or is or
is not likely to occur or capable of occurring, before, the discharge of
the debtor, and generally it shall include any express or implied en-
gagement, agreement, or undertaking to pay, or capable of resulting
in the payment of, money or money's worth,whether the payment
is, as respects amount, fixed or unliquidated ; as respects time,
present or future, certain or dependent on any one contingency or
on two or more contingencies ; or as to inode of valuation, capable
of being ascertained by fixed rules or as matter of opinion.

32. Where there have been mutual credits, mutual debts, or other
mutual dealings between the debtor against whom a receiving order
has been made and a creditor, the sum due from the one party shall
be set off against any sum due from the other party, and the
balance of the account and no more shall be claimed or paid





on either side respectively : Provided that a creditor shall have no
set-off in respect of any credit given to the debtor after the creditor
has had notice of an act of bankruptcy committed by the debtor and
available against him for adjudication.

Appropriation of Assets.
33.-(1) The assets remaining after payment of the actual ex-
penses incurred in realizing any of the assets of the debtor shall,
subject to any order of the Court, be liable to the following
payments, which shall be made in the following order of priority,
namely,-
(a) the actual expenses incurred by the Official Receiver in
protecting the property or assets of the debtor or any part thereof
and any expenses or outlay incurred by him or by his authority in
carrying on the business of the debtor;
(b) the fees, percentages, and charges payable to, or costs

charges, and expenses incurred or authorised the Official
Receiver;
(c) the remuneration of the special manager, if any ; and
(d) the taxed costs of the petitioner, so far as the same may not
have been disallowed by the Court.

(2) Whenever the Court is satisfied that property of a debtor in
respect of whose estate a receiving order has been made has been
preserved for the benefit of the creditors by means of legal proceed-
ings brought by a creditor against the debtor without notice of any
available act of bankruptcy committed by the debtor, the Court
may, in its discretion, order the payment of the costs of such legal
proceedings or any part of them (taxed as between puty and party)
out of the estate, with the same priority as to payinent as is herein
provided in respect of the taxed costs of the petitioner.

34.-(1) In the distribution of the. property of a bankrupt there
shall be paid in priority to all other debts-
(a) all local rates due from the bankrupt it the date of the
receiving order, having first become due and payable within 12
months next before such date:
(b) the wages or salary of any clerk or servant in respect of
services rendered to the bankrupt during the 4 months next preced
in the date of the receiving order and not exceeding 300 dollars.





(c) the wages of any labourer or workman not exceeding 100
dollars, whether payable for time or placework, in respect of ser
vices rendered to the bankrupt during the 4 months immediately
preceding the receiving order; and
(d) such part of any premium paid by or on behalf of any
apprentice or articled clerk under service to the bankrupt as the
Court may order.
(2) The foregoing debts shall rank equally between themselves and

shall be paid in full unless the property of the bankrupt is insuffi-
cient to meet them, in which case they shall abate in equal
proportions between themselves.
(3) The joint estate of partners shall be applicable in the first
instance in payment of their joint debts, and the separate estate of
each partner shall be applicable in the first instance in payment of
his separate debts. If there is a surplus of the separate estates, it
shall be dealt with as part of the joint estate. Tf there is a surplus
of the joint estate, it shall be dealt with as part of the respective,
separate estates in proportion to the right and interest of each part
ner in the joint estate.
(4) Subject to the provisions of this Ordinance, all debts proved
in the bankruptcy shall be paid pari passu.
(5) If there is any surplus affer payment of the debts, it shall
be applied in payrnent of interest from the date of the receiving
order at the rate of 8 dollars per centum per annum on all debts
proved in the bankruptcy.

35. The landlord or other person to whom any rent is due from 1he
bankrupt may, subject to the provisions of the Distress for Rent
Ordinance, 1888, at any tinie either before, or after the commence-
ment of the bankruptcy, distrain upon the goods and chattels of the
bankrupt for the rent due : Provided that, if such distress is levied
after the commencement of the bankruptcy, it shall be, avail-
able only for 6 months rent accrued due prior to the date of
the order of adjudication, but the landlord or other person to whom
the rent may be due may prove, under the bankruptcy for the
surplus due for which the distress may not have been available.

Property available for Payment of Debts.
36. The bankruptcy of a debtor shall be deemed to have relation
back to and to commence at the time of the act of bankruptcy being





committed on which the receiving order was made, or, if the bank-
rupt is proved to have committed more acts of bankruptcy than one,
to have relation back to and to commence at the time of the first
of the acts of bankruptcy proved to have been committed by the
bankrupt within 4 months next preceding the presentation of the
bankruptcy petition ; but no bankruptcy petition, receiving order, or
adJudication shall be rendered invalid by reason of any act of bank-
ruptcy anterior to the debt of the petitioning creditor.

37. The property of the bankrupt divisible aniong his creditors
(in this Ordinance referred to as the property of the bankrupt) shall
not comprise the following particulars :-
(1) property held by the bankrupt on trust for any other person

(2) the tools, if any of the bankrupt's trade and the necessary

wearing apparel and bedding of himself and his family dependent
on and residing with him, to a value, inclusive of tools, apparel,
and bedding, not exceeding in the whole 100 dollars;
but it shall comprise the following particulars:-
(1) all such property as may belong to or be vested in the
bankrupt at the commencement of the bankruptcy or may be
acquired by or devolve on him before his discharge;

(2) the capacity to exercise, and to take proceedings for exercis-
ing, all such powers in, over,or in respect of property as might
have been exercised by the bankrupt for his own benefit at
the commencenient of his bankruptcy or before his discharge; and
(3) all goods being, at the commencement of the bankruptcy, in
the possession, order , or disposition of the bankrupt in his trade or
business by the consent and permission of the true owner, under
Such cricumstances that he is the reputed owner thereof : Provided
that things in action, other than debts due or growing due to the
bankrupt in the course of his trade or business, shall not be deemed
goods within the meaning of this section.

Effect of Bankruptcy on Antecedent Transactions.
(1) Where a creditor has issued execution against the
property of a debtor, he shall not be entitled to retain the benefit
of the execution against the trustee in bankruptcy of the debtor,
unless he has completed the execution before the date of the
receiving order and before notice of the presentation of any bank-






ruptcy petition by or against the debtor or of the commission of
any available act of bankruptcy by the debtor.

(2) For the purposes of this Ordinance, an execution shall be
deemed to be completed-
(a) in the case of goods, chattels, or other movable property in
the possession of the debtor or of negotiable instruments, by seizure
and sale ;
(b) in the case of goods, chattels, or other movable property to
which the debtor is entitled subject to a lien or right of some person
to the immediate possession thereof, by attachment by prohibitory
order and sale;
(c) in the case of lands, houses, or other immovable property or
any interest therein, either at law or in equity, by attachment by
prohibitory order and diie registration thereof in the Land Office
(d) in the case of an attachment of a debt not being a negotiable
instrument, by receipt of the debt;
(e) in the case of shares in any public company or corporation, by
attachment by prohibitory order;
(f) in the case of property in the custody or under the control of
any public officer in his official or in custodia legis,
by attachment by prohibitory order duly obtained and served ; and
(g) in the case of any equitable interest in lands, houses, or other
immovable property, by the appointment of a receiver or manager.

39-(1) Where the goods of a debtor are taken in execution, and
before the sale thereof notice is served on the bailiff that a receivincs

order has been made against the debtor, the bailiff shall, on request,
deliver the goods to the Official Receiver or trustee under the order,
but the costs of the execution shall be a charge on the goods so de-
livered, and the Official Receiver or trustee may sell the goods or an
adequate part thereof for the purpose of satisfying the charge.

(2) Where, the goods of a debtor are sold under an execution in
respect of a judgment for a sum exceeding 100 dollars, the bailifF
shall deduct the costs of the execution from the proceeds of sale and
pay the balance into Court, and if, within 14 clear davs of such
sale, a bankruptcy petition is by or against the debtor,
the said balance shall remain in Court until after the hearing of the
petition, and if the debtor is adjudged bankrupt the balance shall be
paid out to the trustee in the bankruptcy, who shall be entitled to





retain the same as against the execution creditor, but otherwise it

shall be dealt with as if no bankruptcy petition had been presented.
(3) An execlution completed as aforesaid is not invalid by reason
only of its being an act of bankruptcy, and a person who purchases
the property of the debtor in good faith under a sale shall in all cases
acquire a good title to it as against the trustee in bankruptcy.


40.-(1) Any settlement of property, not being a settlement made
before and in consideration of marriage, or made in favour of a
purchaser or incumbrancer in good faith and for valuable con-
sideration, or made on or for the wife or children of the settlor of
property which has accrued to the settlor after marriage in right of
Ins wife, shall, if the settlor becomes bankrupt within 2 years after
the date of the settlement, be void against the trustee in the bank-
ruptey, and shall, if the settlor becomes bankrupt at any sub-
sequent time within 10 years after the date of the settlement, be
void against the trustee in the bankrupley, unless the parties claim-
ing under the settleifient can prove that the settlor was, at the time
of making the settlement,able to pay all his debts without the aid
of the property comprised in the settlement, and that the interest
of the settlor in such property has passed to the trustee of the
settlement on the execution thereof.
(2) Any covenant or contract made in consideration of marriage,
for the future settlement on or for the settlor's wife or children of
any money or property wherein he had not, at the date of his
marriage, any estate or interest, whether vested or contingent, in
possession or remainder, and not being money or property of or in
right of his wife, shall, on his becoming bankrupt before the pro-
perty or money has been actually transferred or paid pursuant to
the covenant or contract, be void against the trustee in the bank-
ruptcy.
(8)'Settlement' shall, for the purposes of this section, include
any conveyance or transfer of property.

41-(1) Every conveyance or transfer of property or charge
thereon made, every payment made, every obligation incurred, and
every judicial proceeding taken or suffered by any person unable
to pay his debts as they become due from his own money in favour
of any creditor or any person in trust for any creditor, with a view
of giving such creditor a preference over the other creditors, shall,
if the person making, taking, paying or suffering the same is





adjudged bankrupt on a bankruptcy petition presented within 4
months after the date of making, taking, paying, or suffering the
same, be deemed fraudulent, and void as against the trustee in the
bankruptcy.
(2) This section shall not affect the rights of any person making
title in good falth and for valuable considelation through or under
a creditor of the bankrupt.

42. Subject to the preceding provisions of this Ordinance with
respect to the effect of bankruptcy on an execution or athachment
and with respect to the avoidance of certain settlements and prefer-
ences, nothing in this Ordinance shall invalidale, in the case of a
bankruptcy,-
(1) any payment by the bankrupt to any of his creditors; or
(2) any payment or delivery to the bankrupt; or
(3) any conveyance or assignment by the bankrupt for valuable
consideration; or
(4) any contract, dealing, or transaction by or with the bank-
rupt for valuable consideration:
Provided that both the following conditions are complied with,
namely,-
(1) the payment, delivery, conveyance, assignment, contract,
dealing, or transaction, as the case may be, takes place before the
date of the receiving order; and
(2) the person (other than the debtor) to, by, or with whom the
payment, delivery, conveyance,assignment,contract, deaIing, or
transaction was made, executed, or entered into has not, at the
time of the payment, delivery,conveyance,assignment,contract,
dealing, or transaction, notice of any available act of bankruptcy
committed by the bankrupt before that time.

Realization of Property.
43.-(1) The trustee shall, as soon as may be, take possession of
the deeds, books, and documents of the bankrupt and all other parts
of his capable of manual delivery.

(2) The trustee sball, in relation to and for the purpose of acquir-
ing or retaining possession of the property of the bankrupt, be in the
same position as if he were a receiver of the property appointed by.





the Court, and the Court may, on his application, enforce such
acquisition or retention accordingly.
(3) When any part of the property of the bankrupt consists of
stock, shares in ships, shares, or any other property transferable in
the books of any company, office, or person, the trustee may
exercise the right to transfer the property to the same extent as
the bankrupt might have exercised it if he had not become
bankrupt.
(4)Where any part of the property of the bankrupt consists of
things in action, such things shall be deemed to have been duly
assigned to the trustee.
(5) Any officer, clerk, servant, compradore, employe, or person
acting as banker, attorney, or agent of a bankrupt shall pay and
deliver to the trustee all moneys and securities in his possession or
power which he is not by law entitled to retain as against the
bankrupt or the trustee. If he does not, he shall be guilty of a con-
tempt of Court and may be punished accordingly, on the applica-
tion of the trustee.

44. Any person acting under a warrant of the Court may seize
any part of the property of a bankrupt in the custody or possession
of the bankrupt or of any other person, and, with a view to such
seizure, may break open any house, building, or room of the
bankrupt where the bankrupt is supposed to be, or any building
or receptacle of the bankrupt wbere any of his property is supposed
to be; and when the Court is satisfied that there is reason to believe
that any property of the bankrupt is concealed in a house or place
not belonging to him, the Court may, if it thinks fit, grant a search
warrant to any constable or officer of the Court who may execute it
accordingly.

45. Where the bankrupt is possessed of any property out of the
Colony, the trustee shall require him to join in selling the same for

the benefit of the creditors and to sign all necessary authorities,
powers, deeds, and docunients for the purpose, and if and so often
as the bankrupt refuses to do so, he may be punished for a contempt
of Court.

46. When a bankrupt is an officer of the navy or army or an officer
or clerk otherwise employed or engaged in the Civil Service of the
Government, the trustee shall receive for distribution among the
creditors so much of the bankrupt's pay or salary as the Court, on





the application of the trustee, with the consent, of the Chief Officer
of the Department under which the pay or salary is enjoyed, may
direct,

47.-(1) Until a trustee is appointed, the Official Receiver shall
be the trustee for the purposes of this Ordinance, and immediately
on a debtor being adjudged bankrupt, the property of the bankrupt
shall vest in the trustee.
(2) On the appointment of a trustee, the property shall forthwith
pass to and vest in the trustee appointed.
(3) The property of the bankrupt shall pass from trustee to
trustee, including under that terni the Official Receiver when he
fills the office of trustee, and shall vest in the trustee for the time
being during his continuance in office, without any conveyance,
assignment, or transfer whatever.

48-(1)When any part of the property of the bankrupt consists
of land of any tenure burdened with onerous covenants or liabilities,
or of shares or stock in companies, or of unprofitable contracts, or
of any other property that is unsaleable or not readily saleable by
reason of its binding the possessor thereof to the performance of
any onerous act or to the payment of any sum of money, the
trustee, nothwithstanding that he has endeavoured to sell or has
taken possession of the property or exercised any act of ownership

in relation thereto, but subject to the provisions of this section,
may, by writing signed by him, at any time within 6 months after
the appointment of a trustee, disclaim the property: Provided that
where any such property has not come to the knowledge of
the trustee within 3 months after such appointment he may dis-
claim such property at any time within 3 months after he first be-
came aware thereof.
(2) The disclaimer shall operate to determine, as from the date of
disclaimer, the rights, interests, and liabilities of the bankrupt and
his property in or in respect of the property disclaimed, and shall
also discharge the trustee from all personal liability in respect of
the proplerty disclaimed as from the dale when the property vested
in him, but shall not, except so far as is necessary for the purpose of
releasing the bankrupt and his property and the trustee from
liability, affect the rights or liabilities of any other person.
(3) A trustee shall not be entitled to disclaim a lease without
leave of the Court, and the Court may, before or on granting such





leave, require such notices to be given to persons interested, and

impose such terms as a condition of granting leave, and make such
orders with respect to fixtures,tenants' improvements, and other
matters arising out of the tenancy as the Court may think just.
(4) The trustee shall not be entitled to disclaim any property in
pursuance of this section in any case where an application in writing
has been made to the trustee by any person interested in the pro-
perty requiring him to deelde whether he will disclaim or not, and
the trustee has, for a period of 28 days after the receipt of
the appIication or such extended period as may be allowed by the
Court, declined or neglected to give notice whether he disclaims
the property or not; and, in the case of a contract, if the trustee,
after such application as aforesaid, does not, within the said period
or extended period, disclaim the contract, he shall be deemed to
have adopted it.

(5) The Court may,on the application of any person who is, as
against the trustee, entitled to the benefit or subject to the burden
of a contract made with the bankrupt, make an order rescinding the
contract on such terms as to payment, by or to either party of
damages for the, non-performance of the contract or otherwise as to
the Court may seem equitable, and any damages payable under the
order to any such person may be proved by bim is a debt under the
bankruptcy.
(6) The Court may, on application by any person either claiming
any interest in any disclaimed properiy or under any liability not
discharged by this Ordinance in respect of any disclaimed property,
and on hearing such persons as it may think fit, make an order for

the vesting of the property in or delivery thereof to any person
entitle thereto or to whom it may seem just, that the same should

be delivered by way of compensation for such liability as aforesaid or
a trustee for him, and on such terms as the Court may think
just ; and, on such vesting order being made, the property comprised

therein shall vest accordingly in the person therein named in that
behalf, without any conveyance or assignment for the purpose:
Provided always that where the property disclaimed is of a leasehold
nature, the Court shall not make a vesting order in favour of any
person claiming under the bankrupt except on the terms of making
such person subject to the same liabilities and obligations as the
bankrupt was subject to under the lease in respect of the propeity
at the date when the bankruptcy petition was filed, and any





mortgagee or under-lessee declining to accept n vesting order on such

terms shall be excluded from all interest in and security upon the
property; and if there is no person clainimg under the bankrupt
who is willing to accept an order on such terms, the Court shall
have power to vest the bankrupt's estate and interest in the property
in any person liable, either personally or in a representitive
character and either alone or jointly with the bankrupt, to perform
the lessee's covenants in such lease,freed and discharged from all
estates, encumbrances, and interests created therein by the
bankrupt.

(7) Any person injured by the operation of a disclaimer under this
section shall be deemed to be a creditor of the bankrupt to the extent
of the injury, and may accordingly prove the same as a debt under
the bankruptcy.

49. Subject to the provisions of this Ordinance and to any general
or special order of the Court, the trustee may do all or any of the
following things :-

(1) sell all or any part of the property of the bankrupt (including
the good-will of the business, if any, and the book debts due
or growing due to the bankrupt) by public auction or private con-
tract, with power to transfer the whole thereof to any person
or company or to sell the same in parcels ;

(2) give receipts for any money received by him, which receipts
shall effectually discharge the person paying the money from all
responsibility in respect of the application thereof ;

(3) prove, rank, claim, and draw a dividend in respect of any debt
due to the bankrupt; and

(4) exercise any powers the capacity to exercise which is vested
in the trustee under this Ordinance,and execute any powers of
attorney, deeds, and otherfor the purpose of carrying
into effect the provisions of this Ordinance.

50.-(1)Thee trustee may,with the permission of the Committee
of Inspection, do all or any of the following things:-
(a) carry on the business, if any, of the bankrupt so far as may be
necessary for the beneficial winding-up of the same ;
(b) bring, institute, or defend any action or other legal proceeding
relating to the property of the bankrupt ;
(c) employ a solicitor or other agent to take any proceedings or

do any business sanctioned by the Committee;
(d) accept as the consideration for the sale of any property of the
bankrupt a sum of money payable at a future time, subject to such
stipulations as to security and otherwise as the Committee may think
fit ;

(e) mortgage or pledge any part of the property of the bankrupt

for the purpose of raising money for the payment of his debts;
(f) refer any dispute to arbitration and compromise all debts,
claims, and liabilities on such terms as may be agreed upon;
(g) make such compromise or other arrangement as may be

thought expedient with creditors or persons claiming to be creditors
in respect of any provable debts;
(h) make such compromise or other arrangement as may be

thought expedient with respect to any claim arising out of or
incidental to the property of the bankrupt made or capable of being
made on the trustee by any person or by the trustee on any person;.
and
(i) divide in its existing form among the creditors, according to its
estimated value, any property which, from its peculiar nature or
other special circumstances, cannot be readily or advantageously
sold.

(2) The permission given for the purposes of this section shall
not be a general permission to do all or any of the above mentioned
things, but shall only bc a permission to do the particular thing or
things for which permission is sought.

Distribution of Property.
51.-(1) Subject to the retention of such sums as may be neces-
sary for the costs of administration or otherwise, the trustee shall,
with all convenient speed, declare and distribute dividends among
the creditors who have proved their debts.
(2) The first dividend, if any, shall be declared within 4 months
after the conclusion of the first meeting of creditors, unless there is
a sufficient reason, approved by the Court, for postponing the
declaration to a later date, and subsequent dividends shall, in the

absence of sufficient reasons to the contrary, be declared and dis-
tributed at intervals of not more than 6 months.





(3) At least one month before declaring a dividend, the trusted

shall cause notice of his intention to do so to be gazetted, and shall
also post a notice in writing to each creditor mentioned in the bank-

rupt's statement who has not proved his debt.
(4) When the trustee has declared a dividend, he shall cause a
notice to be gazetted showing the amount of the dividend and when
and how it is payable.

52.Where one partner of a firm is adjudged bankrupt, a creditor
to whom the bankrupt is indebted jointly with the other partners of
the firm or any of them shall not receive any dividend out of the
separate property of the bankrupt until all the separate creditors have
received the full amount of their respective debts.


53.-(1) In the calculation and distribution of a dividend the trus-
tee shall make provision for debts provable in bankruptcy appearing
from the bankrupt' s statements or otherwise to be due to persons
resident in places so distant from the place where the trustee
is acting that, in the ordinary course of communication, they have.
not had sufficient time to tender their proofs or to establish them if
disputed, and also for debts provable in bankruptcy the subject of
claims not yet determined.
(2) He shall also make provision for any disputed proofs or claims
and for the expenses necessary for the administration of the estate
or otherwise, and, subject to the preceding provisions, he shall dis-
tribute as dividend all money in hand.

54. A creditor who has not proved his debt before the declaration
of any dividend or dividends shall be entitled to be paid, out of any
moncy for the time being in the hands of the trustee, any dividend
or dividends which he may have failed to receive before that money
is applied to the payment of any future dividend or dividends, but
he shall not be entitled to disturb the distribution of any dividend
declared before his debt was proved by reason that he has not
participated therein.

55. When the trustee has realised all the property of the bankrupt
or so much thereof as can be realised without needlessly protracting
the trusteeship, he shall declare a final dividend,which dividend
shall be so specified in the Gazette notice and in the notices to
creditors, and any creditor who has not proved shall be excluded
from such dividend unless he proves his debt before the dividend, or





any part thereof is pald : Provided that the Court may, on the
application of any such creditor, postpone the payment of such
dividend or part of it for such time as way be reasonably necessary
for such creditor to establish his claim.

56. No actJon for a dividend shall lie against a trustee, but if the
trustee refuses to pay any dividend the Court may, if it thinks fit,
order him to pay it, and also to pay oot of his own money interest
thereon for the time that it is withheld and tIne- costs of the applica-
tion.

57.-(1) The trustee, with the permission of the Committee of
Inspection or of the Court,may appoint the bankrupt hiniself to
superintend the management of the property of the bankrupt or any
part thereof or to carry on the trade,if any, of the bankrupt for the
benefit of his creditore, and in any other respect to aid in adininis-
tering the property in such manner and on such terms as the trustee
may direct.

58.The Court, on the application of the trustee, may,if it thinks
fit, make an allowance out of the estate to the bankrupt for the sup-
port of himself and his family or in consideration of his services in
assisting the trustee.

58. The bankrupt shall be entitled to any surplus remaining after
payment in full of his creditors, with interest, as by this Ordinance
provided, and of the costs, charges, and expenses of the proceedings
under the bankruptcy pefition.

PART III.
MATTERS INCIDENTAL TO TRUSTEE'S DUTIES.
Costs and Charges.
59.-(1) All costs of or incident to proceedings in bankruptcy
shall, subject to the provisions of this Ordinance, be in the discretion

of the Court.
(2) Where a trustee or manageger receives remuneration for this
services as such, no payment shall be allowed in his accounts in
respect of the performance by any other person of the ordinary duties
which are required to be performed by himself.
(3) No solicitor's bill of costs shall be allowed in the trustee's
accounts unless it has been taxed by the proper officer.





(4) The remuneration of any trustee, manager, or receiver or the
allowance to any bankrupt, or any part of such remuneration or
allowance, may,if the Court so orders, be forfeited for misconduct.

60-(1) The Official Receive shall open in his name as Official
Receiver an account at a bank approved by the Governor, and shall
pay to the credit thereof all sums received by him as such Official
Receiver or as trustee, and every trustee in a bankruptcy, other
than the Official Receiver, receiving money as such trustee shall
open an account at such bank in the name of the debtor's estate,
and shall pay to the credit of such account all sums which
may from time to time be received by him as such trustee.
(2) No trustee in a bankruptcy shall pay any money received by
him as trustee into his private banking account, or use it otherwise
than in the administration of the estate, on any pretence whatever.
(3) Any trustee paving money into his private banking account,
or using it otherwise than in the administration of the estate, or
retaining in his hands for more than a week,without the leave of the
Court previously obtained, a sum exceeding 100 dollars, or without
explaining such retention to the satisfaction of the Court, may,
without prejudice to any other liability, bc dismissed from office
without remuneration, and may be ordered by the Court to pay any
expenses to which the creditors may be put in consequence of his
dismissal.

61-(1) The trustee shall keep a record in writing in which he
shall enter a minute ef all proceedings had and resolutions passed at
any meeting of creditors or of the Committee of Inspection and a

statement of all negotiations and proceedings necessary to give a
correct view of the management of the bankrupt's property.
(2) He shall also keep an account, to be called 'The Estate
Account,' in the form of an ordinary debtor and creditor account,
in which he shall enter from day to day all his receipts and payments
as trustee.
(3) The trustee shall produce at every meeting of creditors and at
every meeting of the Committee of Inspection the record and
account above mentioned and also the pass-book of the estate's bank
account, and such document shall be open to the inspection of any
creditor at all reasonable times.

62.-(1) The trustee shall, at any time the Court may order and
not less than once in each year during his tenure of office, deposit





in the Registry of the Court an account of his receipts and payments
verified by affidavit.
(2) Such accounts shall be examined and audited by the Registrar,
or by any person named by the Court or the Court may itself
examine them, and it shall be the duty of the trustee to furnish all
such vouchers or information as may be necessary for such audit or
examination.
(3) The Court may, after hearing the explanation, if any, of the
trustee, make such order as it may think just for compelling the
trustee to make good any loss to the estate which, after such audit
or examination, may appear to the Court to have been occasioned
by any misfeasance, neglect, or improper omission of the trustee.

63. The fees and percentages to be charged in respect of proceed-

ings under this Ordinance and the remuneration of the Official
Receiver and the trustee shall be as mentioned in the 2nd schedule:
Provided that such schedule may be altered by rule of Court.

64.-(1) Where the joint estate of any co-debtors is insufficient
to defray any costs or charges properly incurred in respect thereof,

the Court, on the application of the trustee,may order such costs or
charges to be paid out of the separate estates of such co-debtors or
any one or more of them.
(2) The Court may also order any costs or charges properly
incurred for any separate estate to be paid out of the joint estate, if,
in the opinion of the Court, it is just to do so.

Release of Trustee.
65.-(1) When the trustee has realized all the properly of the
bankrupt or so much thereof as can, in his opinion, be realized
without needlessly protracting the trusteeship, and has distributed
a final dividend, if any, or has ceased to act by reason of a com-
position having been approved, or has resigned or been removed
from office, he may apply to the Court for his release, and if all
the requirements of the Court with respect to accounts and with
respect to any order of the Court against the trustee have been
fulfilled, the Court may make an order for the release accordingly.
(2) Where the release of the trustee is withheld, the Court may,
on the application of any creditor or person interested, make such






order as it may think just charging the trustee with the consequence
of any act or default which he may have committed or made con-
trary to his duty.
(3) An order of the Court releasing the trustee shall discharge him
from all liability in respect of any act done or default made by him
in the administration of the affairs of the bankrupt or otherwise in
relation to his conduct as trustee, but any such order may be re-
voked on proof that it was obtained by fraud or by suppression or
concealment of any material fact.
(4) Where the trustee has not previously resigned or been re-
moved, his release shall operate as a removal of him from his office,
and thereupon the Official Receiver shall be the trustee.

Official Name.
86. The trustee may sue and be sued by the official name of
The Trustee of the property of A.B., a bankrupt,'and in that-
name may hold property of every description, make contracts, enter
into any engagements binding on himself and his successors in
office, and do all other acts necessary or expedient to be done in the
execution of his office.

Miscellaneous Matters.
67. If the Court is of opinion that the trustee is guilty of
misconduct or neglect, or if the trustee is insolvent, or if the Court
is satisfied that the interest of the creditors require it, the Court
may remove the trustee from office and appoint some other person
in his place.

68-(1) The trustee may summon general meetings of the
creditors for the, purpose of ascertaining their wishes, and the
directions given at any such general meeting shall, subject to the
provisions of this Ordinance, be followed as far as possible, notwith-
standing that they may conflict with the directions of the Com-
mittee of Inspection.
(2) The trustee may apply to the Court for directions in relation
to any particular matter arising under the bankruptcy.


69-(1) If the bankrupt, or any creditor, or any other person is
aggrieved by any act or decision of the trustee, he may appeal to






the Court, and the, Court may confirm, reverse, or modify the act
or decision complained of and make such order in the premises as
it may think just.
(2) Any such appeal shall be brought witbin a week of the act or
decision complained of : Provided that the Court may, subject to
such conditions as it may think just, allow an appeal at any time
on good cause shown.

70. Where default is made by the trustee, the debtor, or any
other person in obeying any order or direction made or given by the
Court, the Court may make an immediate order for the committai
for contempt of Court of such trustee,debtor, or other person:
Provided that the power given by this section shall be deemed to
be in addition to and not subsititution for any other right, remedy,
or liability in respect of such default.

PART IV.
JURISDICTION AND PROCEDURE.
71-(1) The Court shall deal with bankruptcy petitions, and the
rules of the Court for the time being for regulating the civil pro-
cedure of the Court shall, so far as the same may he applicable and
not inconsistent with the pfovisions of this Ordinance, be applied
to bankruptcy proceedings ; and every order of the Court made in
connexion with bankruptcy proceedings may be enforced in the
same way as a judgment of the Court made in respect of any civil.
proceedings may be enforced,
(2) The Registrar shall,in cases of urgency,have power to make,
interim orders and to hear and determine unopposed or ex parte
applications, and any order so made shall, subject to appeal to the
Court, be deemed to be an order of the Court.
(3) Every order of the Court shall be subject to appeal to the Full
Court.
72.When two or more bankruptcy petitions are prosented
against the same debtor or against joint debtors, the Court may
consolidate the proceedings,on such terms as the Court may think
fit.

73. If a debtor by or against whom a bankruptcy petition has
been presented dies, the proceedings in the matter shall, unless the
Court otherwise orders, be continued as if he were alive.






74. The Court may at any time, for sufficient reason, stay the
proceedings under a bankruptcy petition, either altogether or for
a limited time, on such terms and subject to such conditions as the
Court may think Pist.

75. Where there are more respondents than one to a petition, the
Court may dismiss the petition as to one or more of them, without
prejudice to the effect of the petition as against the other or others
of them.

76. Where a member of a partnership is adjudged bankrupt, the
Court may authorise the trustee to commence and prosecute any
action in the names of the trustee and of the bankrupt's partner;
and any release by such partner of the debt or demand to which
such action relates shall be void ; but notice of the application to
commence the action shall be given to him and he may show cause
against it, and, on his application, the Court may, if it thinks fit,
direct that he shall receive his proper share of the proceeds of the
action, and if he does not claim any benefit therefrom he shall be
indemnified against costs in respect thereof in such manner as the
Court May direct.

77. Where a bankrupt is a contractor in respect of any contract
jointly with any other person such person may sue or be sued in
respect of the contract without the joinder of the bankrupt.

78.-(1) Any two or more persons, being partners, or any person
carrying on business under a partnership name, may take proceed-
ings or be proceeded against under this Ordinance in the name of
the firm, and in such case all nominal and dormant partners shall
be included in the adjudication, and all their joint estate and the
separate estate of each of thern shall vest in the trustee : Provided
that a receiving order shall not be, made against a corporation or
against a registered joint-stock company.
(2) The Conrt, on application by any person interested in any
bankruptcy proceedings by or against a partnership, may order the
names of the persons who are partners in such firm to be disclosed
in such manner and verified upon oath or otherwise as the Court
may direct ; and, in case of dispute, the Court shall settle who are
the partners in any firm liable to adjudication, and for this purpose
may order such notices to be given or such inquiries made or issues
tried as it may deem just and necessary.





79. The Chief Justice may make general rules and forms for
carrying into effect the objects of this Ordinance.

PART V.
SUPPLEMENTAL PROVISIONS.
Unclaimed Funds or Dividends.
80.-(1) When the trustee has under his control any unclaimed
dividend which has remained unclaimed for more than 6 months,
or when, after making a final dividend, the trustee has in his hands
or under his control any unclaimed or undistributed money arising
from the property of the debtor, he shall forthwith pay the same to
the Registrar of the Court, who shall carry the same to an account
to be termed 'The Bankruptcy Estates Account. ' The Re-
gistrar's receipt for the money so paid shall be a sufficient discharge
to the trustee in respect thereof.
(2) The trustee, whether he has obtained his release or not, may
be called upon by the Court to account for any unclaimed funds or
dividends, and any failure to comply with the requisitions of the
Court in this behalf may be dealt with as a contempt of Court.
(3) Any person claiming to be entitled to any moneys paid into
the Bankruptcy Estates Account may, within 5 years of the date
when the same was so paid in, apply to the Registrar for payment
to him of the satite, and the Registrar, if satisfied that the person
claiming is entitled, shall make an order for the payment to such
person of the sum due. Any person dissatisfied with the decision
of the Registrar may appeal to the Court.
(4) After any money has remained unclaimed in the Bankruptcy
Estates Account for a period of 5 years, the Registrar shall pay the
same over to the Treasurer for the use of the Crown, and all claims
thereon shall be thenceforth barred.

Administration of Estates according to the Law of Bankruptcy.
81.-(1) A creditor of a deceased debtor whose estate is shown
to be insufficient for the payment of the debts owing by the deceased
person may present a petition (the facts alleged in which shall be
verified by affidavit) to the Court praying for the administration of
the estate of the deceased person according to the law of bankruptcy,






and the Court, if satisfied that the estate is insufficient for the pay-
ment of the debts of the deceased person, shall make an order
accordingly.
(2) The petition shall be served on the personal representative of
such deceased person or, if there is none in the Colony, on the
Official Administrator of intestate estates.
(3) On an order being made for the administration in bankruptcy
of the deceased debtor's estate, the Court shall appoint a trustee
in whom all the debtor's property shall vest for the purpose of
distribution.
(4) Subject to the provisions of this section, the provisions of
Parts II and III shall ,so far as the same are applicable, apply to
the case of an order for administration this seetion in like
manner as to an adjudication of bankruptcy.
(5) In the administration of the estate of the deceased debtor
under an order for administration, funeral and testamentary ex-
penses shall be deemed a preferential debt.
(6) Notice of the presentation of a petition under this section
shall, in the event of an order for administration being made the there-
on, be deemed equivalent to notice of an act of bankruptcy, and any
transfer, disposition, charge, delivery, contract, or payment made,
relating to, or affecting the property to be administered under the
order, and any execution or attachment had against the said pro-
perty or any part thereof, after notice of the presentation of such
petition, shall be void as against the trustee. Save as aforesaid,
nothing in this section shall invalidate any payment made or any
act or thing done or stiffered in good faith before the making of the
order for administration.

Offences.
82.-(1) Any person against whom a receiving order has been
made, whether adjudged bankrupt or not, shall, in each of the cases
following, be guilty of a mesdemeanor, and shall be liable to im-
prisonment for any term not exceeding 2 years; that is to say,-
(a) if he does not, to the best of his knowledge and belief, fully
and truly discover to the trustee all his property, and how, and to
whom, and for what consideration, and nhen he disposed of any
part thereof, except such part as may have been disposed of in the






ordinary way of his trade or laid out in the ordinary expense of his
family, unless the jurly is satisfied that he had no intent to defraud;
(b) if he does not deliver up to the trustee or as he may direct all
such part of his property as is in his custody or under his control
and which he is required by law to deliver up, unless the jury is
satisfied that he had no intent to defraud;
(c) if he does not deliver up to the trustee or as he may direct all
books, documents,papers ,and writings in his custody or under his
control relating to his property or affairs, unless the jury is satisfied
that he had no intent to defraud;
(d) if, after the presentation of a bankruptcy petition by or
against him or within 4 months next before such presentation, he
conceals any part of his property to the value of 50 dollars or
upwards, unless the jury is satisfied that he had no intent to defraud
or to conceal any debt due to or from him ;
(e) if, after the presentation of a bankruptcy petition by or
against him or within 4 months next before such presentation, he
fraudulently removes any part of his property to the value of 50
dollars or upwards;
(f)if he makes any material omission or misstatement in any
statement relating to his affairs, unless the jury is satisfied that he
had no intent to defraud;
(g) if, knowing or believing that a false debt has been proved by

any person under the bankruptcy or composition or scheme of
arrangement, he fails for the period of one month to inform
the trustee thereof;
(h) if, after the presentation of a bankruptcy petition by or
against him, he prevents or is party to preventing the production
of any book, document, paper, or writing affecting or relating to
his property or affairs, unless the jury is satisfied that he had no
intent to conceal, the state of his affairs or to defeat the law ;
(i) if, after the presentation of a bankruptey petition by or
against him or within 4 months next before such presentation, he
conceals, destroys, mutilates, or falsifies, or is privy to the conceal-
ment, destruction, mutilation, or falsification of, any book or
document affecting or relating to his property or affairs,unless the
jury is satisfied that he had no intent to conceal the state of his
affairs or to defeat the law ;
(j) If, after the presentation of a bankruptcy petition by or
against him or within 4 months next before such presentation, he





makes or is privy to the making of any false entry in any book or
document affecting or relating to his property or affairs, unless the

jury is satisfied that he had no intent to conceal the state of his
affairs or to defeat the law;
(k) if, after the presentation of a bankruptcy petition by or
against him or within 4 months next before such presentation, he
fraudulently parts with, alters, or makes any omission, or is party
to the fraudulently parting with, altering, or making any omission,

in any document affecting or relating to his property or affairs;
(l) if, after the presentation of a bankruptcy petition by or
against him or at any meeting of his creditors within 4 months

next before such presentation, he attempts to account for any part
of his property by fictitions losses or expenses;
(m) if, while undischarged, he obtains credit to the extent of
100 dollars or upwards from any person without informing such
person that he is an undischarged bankrupt;
(n) if, within 4 months next before the presentation of a
bankruptcy petition by or against him, be, by any false representa-
tion or other fraud, has obtained any property on credit and has
not paid for the same;
(o) if, within 4 months next before the presentation of a bank-
ruptcy petition by or, against him, he obtains, under the false
pretence of carrying on business and dealing in the ordinary way
of his trade, any property, on credit and has not paid for the same,
unless the jury is satisfied that he had no intent to defraud;
(p) if, within 4 months next before the presentation of a bank-
ruptcy petition by or against him, he pawns, pledges, or disposes
of, otherwise than in the ordinary way of his trade, any property
which he has obtained on credit and has not paid for, unless the
jury is satisfied that he had no intent to defraud; and
(q) if he is guilty of any false representation or other fraud for
the purpose of obtaining the consent of his creditors or any of them
to any agreement with reference to his affairs or his bankruptcy.

(2) A person who has sent out of the Colony any property which
he had obtained on credit and not paid for shall, until the contrary
is proved, be deemed to have disposed of the same otherwise than
in the ordinary way of his trade, if, such property not having been
paid or accounted for at the date of the receiving order by the person
to whom the same was sent, such last-mentioned person cannot be





found or does not pay or account for the same within a reasonable
time after being called upon to do so by the trustee.
(3) If any person against whom a receiving order is made, after
the presentation of a bankruptcy petition by or against him or the
service of a debtor's summons or bankruptcy notice on him, or
within 4 months before such presentation or service, quits the
Colony and takes with him,or attempts to take with him, or makes
preparations for quitting the Colony and for taking with him, any
part of his property, to the amount of 100 dollars or upwards, which
ought by law to be divided among his creditors, he shall (unless
the jury is satisfied that he had no intent to defraud) be guilty of a
misdemeanor punishable with imprisonment for any term not
exceeding 2 years.
(4) If any person against whom a receiving order is made quits
the Colony, with intent to avoid service of any petition or other
process in bankruptcy, or to avoid examination in respect of his
affairs, or otherwise to defeat, embarrass, or delay any proceedings
against him in bankruptcy,he shall be, liable to imprisonment,
without hard labour, not exceeding one year, or to a fine not
exceeding 500 dollars. A person who, after the presentation of a
bankruptcy petition by or against him, or the service of a debtor's
summons on him, or within 3 months next before such presenta-
tion or service, quits the Colony shall (until the contrary is proved)
be deemed to have quitted the Colony with such intent as is
mentioned in this section.
(5) Any person shall, in each of the cases following, be deemed
guilty of a misdemeanor, and shall be liable to imprisonment for
any term not exceeding one year; that is to say-
(a) if, in incurring any debt or liability, he has obtained credit
under false pretences or by means of any other fraud;
(b) if he has,with intent to defraud his creditors or any of them,
made or caused to be made any gift, delivery, or transfer of or any
charge on his property;
(c) if he has, with intent to defraud his creditors, concealed or
removed any part of his property since or within 2 months before
the date of any unsatisfied judgment or order for payment of money

obtained against him; and
(d) if, after a receiving order has been made against him and
whether he has been adjudicated bankrupt or not, the assets avail






able for his unsecurred creditors and ror the costs of bankruptcy and
administration do not together amount to 25 per cent. on the

unsecured debts proved, unless the jury is satisfied that the extent
of his insolvency arose front his misfortune unaccompanied by
dishonesty or reckless speculatlion or extravigance on his part.


83. If any creditor in any bankruptcy or composition with
creditors under the provisions this Ordinance wilfully and with
intent to defraud makes any false claim,or any proof, declaration,
or statement of account which is untrue in any material particular,
he shall be guilty of a misdemeanor punishable with imprisonment
for any term not exceeding one year.

84.-(1) If, in the course of any proceedings taken under any
bankruptcy petition or on the representation of the trustee or of
any creditor, it appears to the Court that there is reason to suppose
that any person has been guilty of any offence under this Ordinance,
the Court may order the prosecution of such person accordingly,
and in any such case may order the person to be prosecuted into
custody, if present, or, if not present, may grant a warrant for his
arrest and detention until he, can be taken before a Magistrate to
be dealt with according to law.
(2) Where any person is liable under any other Ordinance, or
under any Act of Parliament, or at common law to any punishment
or penalty for any offence made punishable by this Ordinance, such
person may be proceeded against under such otber Ordinance, Act
of Parliament, or at common law, or under this Ordinance, so that
he be not punished twice for the same offence.

(3)Where a debtor has been guilty of any criminal offence, he
shall not be exempt from being proceeded against therefor by

reason that he has obtained his discharge or that a composition or
scheme of arrangement has been accepted or approved.

Schedules.
85. The forms in the Ist schedule with such variations and
additions as circumstances may require, may be used for proceed-
ings under this Ordinance and shall, as regards the form thereof,
be valid and sufficient.





86. The fees mentioned in the 2nd schedule shall,be charged in
respect of the various matters to which they relate:Provided that
the Court may, for good cause shown, dispense with the payment
of any particular fee or fees or any part thereof, on such terms as
it may think fit.

87. All fees and commissions received by or payable to the Official
Receiver on tihe appointment oY a trustee other than himself or for
acting as trustee, and any remuneration received by the Official
Receiver as an interim receiver or otherwise, shall be paid by such
officer forthwith into the Treasury.

FIRST SCHEDULE.
FORM No. 1. [s.85.]
General Title in Bankruptcy Proceedings.
In the Supreme Court of Hongkong.
In Bankruptcy. No. of 19 .

Re A. B. [Debtor's name].

Ex parte the Debtor [or C.D. a Creditor, or The Official Receiver, or The Trustee]

FORM No. 2. [s.3.]

Declaration of Inability to Pay Debts.
I, A.B., [name, address, and description of debtor] [and carrying on business at
] hereby declare that I am unable to pay my debts.

Dated this day of ,19 .
(Signed.) A.B.
Signed by the debtor in my presence
Signature of witness
Address
Description.
Filed the day of ,19 .

FORM No. 3. [ss.3, 8.]
Debtor's Petition.
(TITLE.)


I, A.B., [name, address, and description of debtor] [and carrying on business at
] being unable to pay my debts, hereby petition the Court that a receiving
order be made in respect of my estate [and that I may be adjudged bankrupt].

Dated this day of ,19 .
(Signed.) A.B.
Signed by the debtor in my presence
Signature of witness
Address
Description.

Filed the day of ,19 .





FORM No. 4. [s.3.]
Bankruptcy Notice.
(TITLE.)


To A.B. [or A.B. and Co.] of

Take notice that, within days after service of this notice on you, excluding
the day of such service, you must pay to C.D. of the sum of $
claimed by him as being the amount due on a final judgment obtained by him against
you in the Supreme Court dated the day of , 19 , whereon
execution has not been stayed, or you must secure or compound for the said sum to
his satisfaction or the satisfaction of the Court, or you must satisfy the Court that
you have a counter-claim, set-off, or cross-demand against C.D. which equals or
exceeds the sum claimed by him and which you could not set up in the action in
which the judgment svas obtained.

By the Court,
(Signed.) Registrar.

Dated this day of ,19 .
LS

Indorsement on Notice.


You are specially to note-

That the consequences of not complying with the requisitions of this notice are that
you will have committed an act of bankruptcy on which bankruptcy proceedings may
be taken against you.

If,however, you have a counter-claim, set-off, or cross-deniand which equals or
exceeds the amount claimed by C.D. in respect of the judgment and which you could
not set up in the action in which the said judgment was obtained, you must within
days apply to the Court to set aside this notice.
(Name and address of person taking out the notice.)
(a.) This notice is taken out by C.D. in person.

FORM No. 5. [S. 3.]
Request for Issue, of Bankruptcy Notice.
(TITLE.)
1. I, C.D., of hereby request that a bankruptcy notice be issued by this
Court against A.B. [here insert name, address, and description of judgment debtor.]
2. The said A.B., has, for the greater part of the past six months, resided at
[or carried on business at ].

3. Final judgment for $ was obtained by me against the said A.B. in the
Supreme Court on the day of ,19 .


4. Execution on the said judgment has not been stayed.

Dated this day of ,19 .


(Signed.) C.D., Judgment Creditor,
or
[E.F., Solicitor for C.D.]

FORM No. 6. [s. 7.]
Creditor's Petition.
(TITLE.)

1. I, C.D., of [or We, C.D., of and E.F., of
hereby petition the Court that a receiving order be made in respect of the estate of
A.B., [here insert name, address, and description of debtor].

2. The said A.B. is domiciled in this Colony [or, within a year before the date of
the presentation of this Petition, has ordinarily resided or had a dwelling house or
had a place of business in this Colony].





4. The said A.B. is justly indebted to me [or to us in the aggregate] in the sum
of $ [set cut amount of debt or debts and the consideration.

4. I [or We] do not nor does any person on my [or our] behalf hold any security
on the said debtor's estate or on any part thereof for the payment of the said sum.
or
4. I [or We] hold security for the payment of [or part of] the said sum [but I (or
we) will give up such security for the benefit of the creditors of A.B. in the event of
his being adjudged bankrupt] [or and I (or we) estimate the value of such security
at the sum of $
or

4. I, C.D., hold security for the payment of etc.
I, E.F., hold security for the payment of etc.

5.The said A.B. within four months before the date of the presentation of this
Petition has committed the following act [or acts] of bankruptcy, namely, [here act
out separatelg the act or acts of bankruptcy].

Dated this day of ,19 .
(Signed.) C.D.
E.F.

Signed by the Petitioner [or Petitioners]in my presence
witness
Address
Description.

N.B. -This Petition must be verified by nffdavit.


Indorsement.
This Petition having been presented to tho Court on the day of ,
19 ,at o'clock in the noon, it is ordered that this Petition shall be
heard at on day, the day of ,19 ,
at o'clock in the noon.


And you, the said A.B., are to take notice that if you intend to dispute the truth of
any of the statements contained in the Petition, you must file with the Registrar of
this Court a notice showing the grounds on which you intend to dispute the same and
serve a copy of the notice on the petitioner two days before the date fixed for the
hearing.

FORM No. 7. [S 81.]
Creditor's Petition for the Administration of an Estate according to the
Law of Bankruptcy made under Section 81.
(TITLE.)
1. I, C.D., of [or We, etc.]hereby petition the Court that an order be
made for the administration in bankruptcy of the estate of

2. [Describe the estate sought to be administered,and state the previous vesling of
the estate, so far as the same as material to the application].

3. The estate of the said A.B. is justly indebted to me [or to us in the aggregate]
in the sum of $ [set out amount of debt and consideration].

4. I [or We] do not nor does any person on my [or our] behalf hold any security
on the said estate or on any part thereof, [or as in form No. 6-Creditor's Petition].

5. The estate of the said A.B. is (according to my [or our] information and belief)
insufficient to pay the debts due therefrom.

Indorsement.
This Petition having been presented to the Court on the day of
19 ,it is ordered that this Petition shall be heard at on
day,the day of ,19 ,at o'clock in the noon. If you the said [party on whom servoce is required to be made] intend to dispute
the matter of any of the statements contained in the Petition,you must file with the
Registrar of this Court a notice showing the grounds on which you intend to dispute
the same and serve a copy of the notice on the petitioner two days before the day
fixed for hearing.

FORM No. 8. [s.4.]
Receiving Order.
(TITLE.)
On the Petition of the debtor himself [or of C.D., of a creditor]
filed the day of ,19 ,the Official Receiver,Mr.
is hereby constituted receiver of the estate of A.B. [name,address,and description of
debtor].
Dated this day of ,19 .
By the Court,
LS (Signed.) Registrar.

FORM No. 9. [s.81.]
Order for Administration of an Estate according to the Law of Bankruptcy.
(TITLE.)
On the Petition of C.D. and on reading and
hearing it is ordered that the estate of A.B. [name,address,
and description pof debtor] be administered in bankruptcy;and that the Official
Receiver,Mr. be the trustee;and that the costs of this
application be
Dated this day of ,19 .
By the Court,
LS (Signed.) Registrar.

FORM No. 10. [s.7.]
Notice by Debtor of Intention to oppose Petition.
(TITLE.)
In the Matter of a Bankruptcy Petition presented against
me on the day of ,19 ,by
C.D. of

I,the above A.B., do hereby give you notice taht I intend to dispute the petitioning
creditor's debtor [or the act of bankruptcy,or as the case may be].
Dated this day of ,19 .
(Signed.) A.B.
To C.D., of and to the Registrar of the said Court.
LAWS OF HONGKONG
1844-1900
P.656



LAWS OF HONGKONG
1844-1900
P.657




LiST F.
Liabilities of Debtor on Bills other than his own Acceptances.


LIST G.
Property.

LIST G.
Debts due to the Estate.

FORM No. 12. [s.19.]
Order of Adjudication.
(TITLE.)
Pursuant to a Petition dated the day of ,19 ,against
A.B. [name,address,and description of debtor] on which a receiving order was made
on the day of ,19 ,and on the application of
and on reading and hearing it is ordered that
the debtor be and the said debtor is hereby adjudged bankrupt.

Dated this day of ,19 .
By the Court,
LS (Signed.) Registrar.

FORM No. 13. [s.27.]
Order of Discharge.
(TITLE.)
On the application of A.B., adjudicated bankrupt on the day of ,
19 ,and on reading and hearing it is ordered that he be
and he is hereby discharged [or that his discharge be suspended for (insert period)and that he be discharged as from the day of ,19 ,or that
he be discharged subject to the following conditions,namely,(insert conditions),or
that his discharge be and it hereby is refused].
Dated this day of ,19 .
LS By the Court,
(Signed.) Registrar.

FORM No. 14. [s.18.]
Order sanctioning Composition or Scheme.
(TITLE.)
On teh application of and on reading and hearing and
the Court being satisfied that the creditors in the above matter have duly accepted
and approved a composition [or scheme of arrangement] in the following terms,
namely, [here insert terms,if short,if not,insert 'in the terms contained in Exhibit
A. annexed hereto']the said composition [or scheme] is hereby sanctioned.
Dated this day of ,19 .
LS By the Court,
(Signed.) Registrar.

FORM No. 15. [s.30.]
Affidavit for Proof of Debt with or without Security.
(TITLE.)
I, of make oath and say[if the affidavit is made by a clerk or agent
of the creditor,set out here the representative character of the deponent and the
authority to make the affidavit].
The said A.B. was,at the date of the receiving order,and still is,justly and truly
indebted to [me] in the sum of $ for [state consideration,insert a summary
of account ,and describe vouchers,if any] for which said sum or any part thereof I
say that [I have] not,nor has any person,to my knowledge or belief,to [my] use,
had or received any manner of satisfaction or security whatsoever [save and except
the following] [set out securities and where they are on the property of the debtor,
assess the value].
Sworn,etc.

FORM No. 16. [s.15.]
Proxy.
N.B.-This Form may be annexed to the Affidavit of Proof.
(TITLE.)
I, of do hereby appoint
of as my proxy in this matter excepting as to [or including] the receipt
of divident.
Dated this day of ,19 .
(Signed.)
Signed by the said [for self and partners.]
in the presence of
FORM No.17. [s.18.]
Notice to Creditors of Second General Meeting.
(TITLE.)
HONGKONG, ,19 .
Sir,
At the first meeting of the creditors in the above matter held at on the
day of ,19 ,it was resolved by special resolution of
the creditors present to entertain a proposal for a composition [or scheme of arrange-
ment]in the following terms [state terms of proposal]. The meeting for the purpose of deciding whether the above resolution shall be
confirmed will be held at on the day of ,19.
The proposal for a composition can be confirmed only by a majority in number,
representing three-fourths in value,of all the conditions who have proved,and is subject
to the approval of the Court.
I am,&c.,
(Signed.) Official Receiver.
To ,Esq., etc.
NOTE.-The advertisement in The Gazette and local newspaper can be in the
above form,omitting the address.
FORM No. 18.
Certificate of Appointment of Trustee.
(TITLE.)
This is to certify that of has been
duly appointed and approval as Trustee of the Estate of A.B., who was adjudicated
bankrupt on the dya of ,19
Dated this day of ,19 .
LS By the Court,
(Signed.) Registrar.
FORM No. 19. [s.51.]
'Gazette' Notice of Intention to declare Dividend.
(TITLE.)
Bankruptcy Notice.
A [final] dividend is intedned to be declared in the Matter of A.B., of
adjudicated bankrupt on the day of ,19 .
Creditors who have not proved their debts by the day of ,
19 ,will be excluded.
Dated this day of ,19
(Signed.) Trustee.
FORM No.20. [s.51.]
Notice to Creditors who have not proved.
(TITLE.)
In the Matter of A.B.,adjudicated bankrupt on the day of ,
19 ,a [final] dividend is intended to be declared.
You are mentioned in the debtor's statement of affairs,but you have not yet proved
your debt.
Creditors who have not proved by the day of ,19 ,
will be excluded from this dividend.
FORM No. 21. [ss.51 and 55.]
'Gazette' Notice of Dividend.
(TITLE.)
Bankruptcy Notice.
A [final] dividend of in the dollar has been declared in the Matter of A.B.,
of ,adjudicated bankrupt on the day of ,19 ,
and the same may be received at on the day of ,
19 ,or on any other subsequent [Monday] between the hours of and , Creditors applying for payment must produce any bills of exchange or other securities
held by them and must sign a receipt in the prescribed form.
Dated this day of ,19 .
(Signed.) Trustee.

FORM No. 22. [s.62.]
Affidavit verifying Trustee's Account.
(TITLE.)
I, of the Trustee of the above-named bankrupt,make oath and
say that the account hereunto annexed,marked A,contained a full and true account
of my receipts and payments on account of the bankrupt's estate from the
day of to the day of ,19 ,inclusive,and
that I have not,nor has any other persob by my order or for my use,during such
period received any money on account of the said estate other than and except the
items mentioned and specified in the said account.
Sworn ,etc
(Signed.) Trustee.
FORM No. 23. [s.24.]
Warrant for Arrest of Debtor.
(TITLE.)
To Officer of this Court and his Assistants and to
the Superintendent of the Gaol.
WHEREAS by evidence taken upon oath it has been made to appear,to the satisfac-
tion of the Court ,that [here insert the cause for the issue of the warrant]:This is,
therefore,to require you the saud and others,to take the said
and to deliver him to the Superintendent of the above-named Prison;and you,the
said Superintendent ,to receive the said and him safely to keep in the
said Prison until such time as this Court may order.
Dated this day of ,19 .
LS By the Court,
(Signed.) Registrar.
FORM No.24. [s.24.]
Warrant of Seizure.
(TITLE.)
To Officer of this Court and his Assistants.
WHEREAS on the day of ,19 ,a receiving order was
made against the said debtor:This is,therefore,to require you to enter into and
upon the house and houses and other the premises of the said debtor and there to
seize all goods ,money,and effects,and also all papers and books of account,and all
other things whatsoever belonging to the said debtor,except his necessary wearing
apparel,bedding,and tools as excepted by the Bankruptcy Ordinance,1801,and the
things so seized safely to detain and keep in your possession until you shall receive
orders for the disposal thereof from the Official Receiver or Trustee,and in case of
resistance or if not having the key of any door or lock of any premises as aforesaid,
you shall break open or cause the same to be broken open for the better execution of
this warrant.
Dated this day of ,19 .
LS By the Court,
(Signed.) Registrar. FORM No.25. [s.44.]
Search Warrant.
To Officer of this Court and his Assistants.
WHEREAS by evidence taken upon oath it has been made to appear to the Court that
there is reason to suspect and believe that property of the said debtor id concealed in
the house [or other pl;ace,describing it] of one of such
house [or place] not belonging to the said debtor:This is,therefore,to require you
to enter in the daytime into the house [or other place,decribing it] of the said
situate at aforesaid ,and there diligently to search for
the said property ,and if any property of the said debtor shall be there found by you
on such search,to seize the same to be disposed of the dealt with according to law.
Dated this day of ,19
LS By the Court,
(Signed.) Registrar.


FORM No.26. [s.26.]
Order to pay admitted Debt.
(TITLE.)
Whereas of ,in his examination taken this day and signed and
subscribed by him,has admitted that he is indebted to the said debtor in the sum of
$ it is ordered that the said do pay to the Trustee herein in full
discharge of the sum so admitted,the sum of $ forthwith [or,if otherwise,state
the time and manner of payment ]and do further pay to the said Trustee the sum of
$ for costs.
Dated this day of ,19
LS By the Court,
(Signed.) Registrar.

FORM No. 27. [s.25.]
Order to Postmaster General or Agent of Telegraph Company.
(TITLE.)
On the application of G.H., the Official Receiver[or the Trustee]of the property of
the above-named debtor,it is ordered that,for a period of three months from the
day of ,19 ,all post letters and parcels [or telegrams] directed
or addressed to the said debtor in the Colony shall be redirected,sent,or delivered by
the Postmaster General or officer acting under him[or by the Agent of the Telegraph
Company] to the Official receiver [or Trustee] at and that a sealed
duplicate of this order be forthwith transmitted by the Official Receiver [or Trustee]to
the Postmaster General or officers acting him[or to the Agent of the Telegraph
Company].
Dated this day of ,19 .
LS By the Court,
(Signed.) Registrar.
SECOND SHCEDULE. [ss.63 and 86.]
SCALE OF FEES AND PERCENTAGES.
TABLE A.
1.Every declaration by a debtor of inability to pay his
debts
2.Every bankruptcy notice
3.Every bankruptcy petition
4.Every bond with sureties




5. Every affidavit filed, other than proof of debts $ 1.00
6, Every subpoena or summons under Section 26 0.50
7. (a) For taking an affidavit, or an affirmation, or a de-
claration, or attestation upon honour in lieu of an
affidavit or a declaration, except for proof of debt,
for each person making the same 1.00
(b) And in addition thereto for each exhibit therein
referred to and required to be marked
8. On every proof of debt above $20
9. Every petition under Section 81 30.00
10. (a) Every application for an order of discharge, includ-
ing expense of gazetting. .
(b) And for each creditor to be notified
11. Every application for search other than by petitioner,
trustee, bankrupt, or any officer of the Court 1.00
12. Every application to the Court, except by the, Official
Receiver when acting either as Official Receiver or
Trustee . ............................................3.00
13. Every order of the Court ................
14. Every office copy, each folio of 72 words ............0.25
15. Every allocatur by the taxing officer of the Court for
any costs, charges, or disbursements:--
Where the amount allonod shall not exceed $100 3.00
Where the amount exceed,,,
For the first $_100 ................3.00
For every additional $100 or fraction thereof 1.00
16. Every application to the Court to appoint a special
manager or to carry on the business of a debtor 3.00
17. Every application under Section 80 to the Registrar of
the Supreme Court for payment of money out of the
Bankruptcy Estates Account .........1.50
18. Every application to the Court to approve composition,
a fee corrpided at the follnwing rates nii the gross
amount of the composition, viz., $10 on every $1,000
or fraction of $1,000 up to $50,000 and $5 on every
$1,000 or fraction of $1,000 beyond $50,000.
19. Every application to the Court to approve a scheme of
arrangement, a fee computed at the following rates
on the gross amount of the estimated assets (but not
exceeding the gross amount of the unsecured liabili-
ties), viz., '$10 or every $1,000 or fraction of $1,000
up to $50,000, and $5 on everY $1,000 or fraction of
$1,000 beyond $50,000.
Provided that where a fee, has been taken on a previous
application to the Court to approve a composition or
scheme, or where a fee lias been paid under this table
1.00

0.50
0.50
30.00

15.00
0.50

3.00
........................ 4.00
0.25





on the account submitted for audit, seven-eighths of
the amount thereof shall be deducted from the fee
payable on all application to approve a composition
or scheme.
20. On one copy of all account, showing assets realized,
forwarded by the Official Receiver or Trustee to the
Registrar of the Supreme Court, a fee according to
the following scale on the gross amount of the assets
realized and brought to credit, viz $10 on every
$1,000 or fraction of $1,000 up to $50,000 and
$5 on every $1,000 or fraction of $1,000 beyond
$50,000.
Provided that where a fee has been taken on an
application to approve a composition or scheme of
arrangement,seven-eights of the amount thereof
shall be deducted from the fee.
On every application for release by a trustee. a fee of
$1.25 on every $1,000 or fraction of $1,000 of assets'
realized and 1)i.otj,,lit to credit.

TALbLE B.
1. On the net assets realized or brought to credit by the Official
Receiver whether actinG as interim receiver, receiver, or trustee, after
deducting any sums paid to secured creditors in respect, of their
securities and not beinG assets realized by a special manager or moneys
received and spent ill carrying, on the business of the debtor, and oil
the net assets realized by an Official Receiver when acting as trustee
twadininister a debtor's property under a composition or scheme, after
deduction any sums paid to secured creditors in respect of their
securffies, and not being moneys received and spent in carrying on
the business of a debtor, a percentage according to the following
Scale:-
On the first $10,900 or fraction. thereof $5 per cent.
next $1,5,000
$25,000
450,000
On the further sums ........... 1'




2. On the amount distributed to creditors by the Official Receiver
when acting as trustee under a composition:-

On the first $ 5,000 or fraction thereof $2 per cent.
next $ 5,000
$10,000
On all futher sums ..............................


3. On the amount distributed in dividend by the Official Receiver,
when acting as trustee under adjudications, schemes, or orders of
administration of the propertv of a deceased insolvent, a percentage
according to the following scale:-

On the first $10,000 or fraction thereof $2,~
per cent.
next $15,000
825,000
$50,000
On all further sums ...........
4. For the Official Receiver acting as interim receiver of the
property of a debtor in addition to the percentage chargeable oil
realizations, on every order ...........$ 30. 00
And, in addition, where, tho order is in force for a
longer period than fourteen days, for every seven
days after the first fourteen, aid for every fraction
of seven days : ......................10.00
5. For each notice by an Official Receiver to a creditor of a first or
any other meeting, or sitting of the Court
Where the estimated value of the estate exceeds
$1,000-each notice ....................$ 0.50
Where the estimated value of the assets does not
exceed $1,000:-
On the first twenty notice each notice............0.50.
For each notice above twenty ..........................0.25
Each notice by all Official Receiver to a creditor of
an adjourned meeting or an adjourned sitting of the
Court ..................................................0.25

6. For the Official Receiver supervising a special manager or the
carrying on of a debtor's business, where the estimated assets exceed
$1,000, a fee according to the following scale


If the gross assets are estimated by the Official
Receiver not to exceod $5,000 $10000
Per week.
If to exceed $5,000 but. not flo $50,000 20.00
If to exceed 50,OM but not to exceed `,100,000 30.00
If to exceed $100,000 but not to exceed $200,000 ... 40.00
If to exceed $200,000 ..1 .......50.00
7. Travelling, keepin. possession, and other reasonable expenses of
Official Receiver-the amount disbursed.
8. For official stationery, printing forms, and postages, each
estate
For every ten applicatiom; to debtors to an estate, or
fraction of ten ......
For every ten creditors or fraction of ten where, the
estimated assets.......exceed $1,000 .................... 5.00
Where the estimated assets do not exceed $1,000:-
For every ton croditors or fraction of teii up to twenty. 5.00
For ever * v ten credifors or fraction of ten above twenty 2.50
9. On every Payment under Section 80 of money out of the Bank
ruptcy Account 10 on$10 or fractinn of S10 to be
charged as follows:-
When the money consists of. unclaimed dividends, on each
dividend paid out.
When the money consists of undistributed funds or balances, on
the amount paid out.
Short title. Interpretation of terms. [46 & 47 Vict.c. 52 s. 168.] Enumeration of acts of bankruptcy. [46 & 47 Vict.c. 52 s. 4.] [53 & 54 Vict.c. 71 s. 1.] form 2. Form 3. Form 4. Form 5. Meaning of the word 'debtor'. Jurisdiction to make receiving order. [46 & 47 Vict.c. 52 s. 5.] form 8. Conditions on which creditor may petition. [46 & 47 Vict.c. 52 s. 6.] Liability of firm carrying on business in the Colony to have receiving order or adjudication made against it. Creditor's petition. [46 & 47 Vict.c. 52 s. 7.] form 6. Form 10. Debtor's petition. [46 & 47 Vict.c. 52 s. 8.] form 3. Appointment of Official Receiver. Effect of receiving order. [ib.s.9.] Making of order for immediate possession of bankrupt's property after petition. [46 & 47 Vict.c. 52 s. 10.] Appointment of manager or interim receiver. [ib.s.12.] Advertisement of receiving order. [46 & 47 Vict.c. 52 s. 13.] Duties of Official Receiver. [ib.s.70.] [ib.s.69.] First and other meetings of creditors. [46 & 47 Vict.c. 52 s. 15 and 1st sch.] form 16. Debtor's statement of affairs. [46 & 47 Vict.c. 52 s. 16.] form 11. Proceedings at public examination of debtor. [ib.s.17.] Composition or scheme of arrangement. [53 & 54 Vict.c. 71 s. 3.] form 17. Cases in which adjudication of bankruptcy to be made. [40 & 47 Vict.c. 52 s. 20.] form 12. Nomination, appointment, etc., of trustee. [ib.s.21.] Committee of Inspection. [ib.s.22.] Power to accept composition or scheme after adjudication, etc. [46 & 47 Vict.c. 52 s. 23.] Duties of debtor as to discovery and realization or property. [ib.s.24.] Arrest of debtor and seizure of his property. [46 & 47 Vict.c. 52 s. 25.] form 23. form 24. Re-direction of debtor's letters, etc. [46 & 47 Vict.c. 52 s. 26.] form 27. Discovery of debtor's property. [ib.s.27.] form 26. Proceedings for an on discharge of bankrupt. [53 & 54 Vict.c. 71 s. 8.] form 13. [s. 27 contd.] Effect of order of discharge. [46 & 47 Vict.c. 52 s. 30.] Annulling of adjudication in certain cases. [46 & 47 Vict.c. 52 s. 35.] Mode of proving debt. Form 15. Description of debts provable. [46 & 47 Vict.c. 52 s. 37.] Mutual credit and set-off. [ib.s.38.] Payment of preliminary expenses. Priority of payment of debts. [46 & 47 Vict.c. 52 s. 40.] Distress for rent. [46 & 47 Vict.c . 52 s. 42.] No. 1 of 1883. Relation back of trustee's title. [ib.s.43.] Description of property divisible among creditors [46 & 47 Vict.c. 52 s. 44.] Restriction of rights of execution creditor. [ib.s.45.] Duty of bailiff. [46 & 47 Vict.c. 52 s. 46.] Avoidance of voluntary settlements. [46 & 47 Vict.c.52 s.47] Avoidance of preference in certain cases. [ib.s. 48.] Protection of bona fide transactions without notice. [46 & 47 Vict.c. 52 s. 49.] Possession of property by trustee. [ib.s.50.] Seizure of property of bankrupt. [46 & 47 Vict.c. 52 s. 51.] form 25. Sale of property out of the Colony. Appropriation of portion of pay or salary of officers. [ib.s.53.] Vesting and transfer of property. [46 & 47 Vict.c. 52 s. 54.] Disclaimer of onerous property. [ib.s.55.] [s. 48 contd.] [s. 48 contd.] Powers of trustee to deal with property. [46 & 47 Vict.c. 52 s. 56] Powers exercisable by trustee with permission of Committee of Inspection [ib.s.57.] Declaration and distribution of dividends. [46 & 47 Vict.c. 52 s. 58.] form 19; form 20; form 21. Joint and separate dividends. [46 & 47 Vict.c. 52 s. 59.] Provision for creditors residing at a distance, etc. [ib.s.60.] Right of creditor proving after dividend. [ib.s. 61.] Final dividend. [ib.s.62.] form 21. Barring of action for dividend. [46 & 47 Vict. C. 52 s. 63.] Employment of and allowance to bankrupt. [ib.s.64.] Right of bankrupt to surplus. [ib.s.65.] Costs and remuneration.[ib. ss. 72, 73.] Payment of moneys into bank. [46 & 47 Vict.c. 52 ss. 74, 75.] Record and account to be kept by trustee. [ib.s.80.] Audit of trustee's accounts and other therein. [46 & 47 Vict.c. 52 s. 78.] form 22. Fees and remuneration of Official Receiver and trustee. [ib.s.128.] Costs where joint estate insufficient. Conditions of trustee's release. [ib.s.82.] Official name and general powers of trustee. [46 & 47 Vict.c. 52 s. 83.] Removal of trustee. [ib.s.86.] Directions to trustee. [ib.s.89.] Appeal to the Court against trustee. [ib.s.90.] Disobedience to order of the Court. Jurisdiction to be exercised by the Court, etc. [46 & 47 Vict.c. 52 s. 92.] Consolidation of petitions. [ib.s.106.] Continuance on death of debtor. [ib.s.108.] Power to stay proceedings. [46 & 47 Vict.c. 52 s. 109.] Case of two or more respondents. [ib.s.111.] Action by trustee and partner of bankrupt. [ib s. 113.] Action on joint contract. [ib.s.114.] Proceedings in partnership name. [ib.ss.115, 123.] Making of rules and forms. [46 & 47 Vict.c. 52 s. 127.] Disposal of unclaimed funds and dividends. Administration in bankruptcy of estate of person dying insolvent. [ib.s.125.] form 7. Form 9. Punishment of fraudulent debtors. [32 & 33 Vict.c. 62 s. 11.] [s. 82 contd.] [s. 82 contd.] [s. 82 contd.][46 & 47 Vict.c. 52 s. 12.] [ib.s.13.] Punishment of creditor making false claim, etc. [32 & 33 Vict.c. 62 s. 14.] Prosecution of offences. Forms. Fees. Disposal of fees, etc., by Official Receiver.

Short title. Interpretation of terms. [46 & 47 Vict.c. 52 s. 168.] Enumeration of acts of bankruptcy. [46 & 47 Vict.c. 52 s. 4.] [53 & 54 Vict.c. 71 s. 1.] form 2. Form 3. Form 4. Form 5. Meaning of the word 'debtor'. Jurisdiction to make receiving order. [46 & 47 Vict.c. 52 s. 5.] form 8. Conditions on which creditor may petition. [46 & 47 Vict.c. 52 s. 6.] Liability of firm carrying on business in the Colony to have receiving order or adjudication made against it. Creditor's petition. [46 & 47 Vict.c. 52 s. 7.] form 6. Form 10. Debtor's petition. [46 & 47 Vict.c. 52 s. 8.] form 3. Appointment of Official Receiver. Effect of receiving order. [ib.s.9.] Making of order for immediate possession of bankrupt's property after petition. [46 & 47 Vict.c. 52 s. 10.] Appointment of manager or interim receiver. [ib.s.12.] Advertisement of receiving order. [46 & 47 Vict.c. 52 s. 13.] Duties of Official Receiver. [ib.s.70.] [ib.s.69.] First and other meetings of creditors. [46 & 47 Vict.c. 52 s. 15 and 1st sch.] form 16. Debtor's statement of affairs. [46 & 47 Vict.c. 52 s. 16.] form 11. Proceedings at public examination of debtor. [ib.s.17.] Composition or scheme of arrangement. [53 & 54 Vict.c. 71 s. 3.] form 17. Cases in which adjudication of bankruptcy to be made. [40 & 47 Vict.c. 52 s. 20.] form 12. Nomination, appointment, etc., of trustee. [ib.s.21.] Committee of Inspection. [ib.s.22.] Power to accept composition or scheme after adjudication, etc. [46 & 47 Vict.c. 52 s. 23.] Duties of debtor as to discovery and realization or property. [ib.s.24.] Arrest of debtor and seizure of his property. [46 & 47 Vict.c. 52 s. 25.] form 23. form 24. Re-direction of debtor's letters, etc. [46 & 47 Vict.c. 52 s. 26.] form 27. Discovery of debtor's property. [ib.s.27.] form 26. Proceedings for an on discharge of bankrupt. [53 & 54 Vict.c. 71 s. 8.] form 13. [s. 27 contd.] Effect of order of discharge. [46 & 47 Vict.c. 52 s. 30.] Annulling of adjudication in certain cases. [46 & 47 Vict.c. 52 s. 35.] Mode of proving debt. Form 15. Description of debts provable. [46 & 47 Vict.c. 52 s. 37.] Mutual credit and set-off. [ib.s.38.] Payment of preliminary expenses. Priority of payment of debts. [46 & 47 Vict.c. 52 s. 40.] Distress for rent. [46 & 47 Vict.c . 52 s. 42.] No. 1 of 1883. Relation back of trustee's title. [ib.s.43.] Description of property divisible among creditors [46 & 47 Vict.c. 52 s. 44.] Restriction of rights of execution creditor. [ib.s.45.] Duty of bailiff. [46 & 47 Vict.c. 52 s. 46.] Avoidance of voluntary settlements. [46 & 47 Vict.c.52 s.47] Avoidance of preference in certain cases. [ib.s. 48.] Protection of bona fide transactions without notice. [46 & 47 Vict.c. 52 s. 49.] Possession of property by trustee. [ib.s.50.] Seizure of property of bankrupt. [46 & 47 Vict.c. 52 s. 51.] form 25. Sale of property out of the Colony. Appropriation of portion of pay or salary of officers. [ib.s.53.] Vesting and transfer of property. [46 & 47 Vict.c. 52 s. 54.] Disclaimer of onerous property. [ib.s.55.] [s. 48 contd.] [s. 48 contd.] Powers of trustee to deal with property. [46 & 47 Vict.c. 52 s. 56] Powers exercisable by trustee with permission of Committee of Inspection [ib.s.57.] Declaration and distribution of dividends. [46 & 47 Vict.c. 52 s. 58.] form 19; form 20; form 21. Joint and separate dividends. [46 & 47 Vict.c. 52 s. 59.] Provision for creditors residing at a distance, etc. [ib.s.60.] Right of creditor proving after dividend. [ib.s. 61.] Final dividend. [ib.s.62.] form 21. Barring of action for dividend. [46 & 47 Vict. C. 52 s. 63.] Employment of and allowance to bankrupt. [ib.s.64.] Right of bankrupt to surplus. [ib.s.65.] Costs and remuneration.[ib. ss. 72, 73.] Payment of moneys into bank. [46 & 47 Vict.c. 52 ss. 74, 75.] Record and account to be kept by trustee. [ib.s.80.] Audit of trustee's accounts and other therein. [46 & 47 Vict.c. 52 s. 78.] form 22. Fees and remuneration of Official Receiver and trustee. [ib.s.128.] Costs where joint estate insufficient. Conditions of trustee's release. [ib.s.82.] Official name and general powers of trustee. [46 & 47 Vict.c. 52 s. 83.] Removal of trustee. [ib.s.86.] Directions to trustee. [ib.s.89.] Appeal to the Court against trustee. [ib.s.90.] Disobedience to order of the Court. Jurisdiction to be exercised by the Court, etc. [46 & 47 Vict.c. 52 s. 92.] Consolidation of petitions. [ib.s.106.] Continuance on death of debtor. [ib.s.108.] Power to stay proceedings. [46 & 47 Vict.c. 52 s. 109.] Case of two or more respondents. [ib.s.111.] Action by trustee and partner of bankrupt. [ib s. 113.] Action on joint contract. [ib.s.114.] Proceedings in partnership name. [ib.ss.115, 123.] Making of rules and forms. [46 & 47 Vict.c. 52 s. 127.] Disposal of unclaimed funds and dividends. Administration in bankruptcy of estate of person dying insolvent. [ib.s.125.] form 7. Form 9. Punishment of fraudulent debtors. [32 & 33 Vict.c. 62 s. 11.] [s. 82 contd.] [s. 82 contd.] [s. 82 contd.][46 & 47 Vict.c. 52 s. 12.] [ib.s.13.] Punishment of creditor making false claim, etc. [32 & 33 Vict.c. 62 s. 14.] Prosecution of offences. Forms. Fees. Disposal of fees, etc., by Official Receiver.

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LONDON MISSIONARY SOCIETY INCORPORATION ORDINANCE, 1891

No. 6 of 1891.

For the Incorporation of the Senior Allissioncury M this Colony of
the London Missionary Society. [31st October, 1891.]

1. The London Missionary Society Incorporation Ordinance,
1891.

2. The holder of the appointment of Senior Missionary in Hong-
kong of the London Missionary Society, ahving placed in the hands
of the Governor staisfactory proof of his appointment, shall be a body
corporate (hereinafter called the said corporation) and shall have
the name of 'The Senior Missionary in Hongkong of the London
Missionary Society,'' and by that name shall have perpetual succes-
sion, and shall and may sue and be sued in all Courts, and shall and
may have and use a common seal, and the said seal may break,
change, alter, and make anew as to the said corporation may seem
fit; and the said corporation shall have full power to acquire, accept
leases of, purchase, take, hold, and enjoy any lands, buildings,
messuages, or tenements of what nature or kind soever and where-
soever situate in this Colony and also to invest money on mortgage
of any lands, buildings, messuages, or tenements in this Colony
or upon the mortages or debentures, stocks, funds, shares, or
securities of any corporation or company carrying on business or
having an office in this Colony and also to purchase and acquire all
manner of goods an chattels whatsoever; and the said corporation
is hereby further empowered by deeds under its seal, to grant, sell,
convey, assign, surrender yield up, mortgage, demise, re-assign,
transfer, or otherwise dispose of any lands, buildings, messuages,

As amended by No. 50 of 1911, No. 1 of 1912 and No, 2 of 1912,
and tenements, mortgages, debentures, stocks, and securities, goods
and chattels, vested in the said corporation, on such terms as to the
said corporation may seem fit: Provided that due notice of appoint-
ment as such Senior Missionary in Hongkong, and of the proof
thereof having been placed in the hands of the Governor, shall be
given in the Gazette.
[s. 3, rep. No. 1 of 1912.]

4. All deeds docunients, and other instruments requiring the seal
of the said corporation shall he sealed with the seal of the
said corporation in the presence of the said Senior Missionary or his
attorney duly authorised, and shall also be signed by him or his
attorney, and such signing shall be and be taken as sufficient
evidence of the due sealing of such deeds, documents, and other
instruments.

5. Nothing in this Ordinance shall affect or be deemed to affect
the rights of His Majesty.
Short title. Incorporation of the Senior Missionary in the Colony of the London Missionary Society. Use of seal. Reservation of right of the Crown.

Short title. Incorporation of the Senior Missionary in the Colony of the London Missionary Society. Use of seal. Reservation of right of the Crown.

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COMPANIES (SALE OF SHARES) ORDINANCE, 1891

No. 5 of 1891.

To amend the Law in respect of the Sale of Shares in Joint Stock
Companies. [30th July, 1891.]
WHEREAS it is expedient to make provision for the prevention of
contracts for the sale and purchase of shares and stock in joint
stock companies of which the seller are not possessed or over
which they have no control:

1. The Companies (Sale of Shares) Ordinance, 1891.

2.-(1) Every contract, agreement, and token of sale and
purchase which shall, from and after the 1st October, 1891, be
made or entered into for the sale or or transfer, or purporting to be
for the sale or transfer, of any share or shares or of any stock or
other interest in any joint stock company constituted under or
regulated by the provisions of any Act of Parliament, local Ordi
nance, Royal Charter, or Letters Patent, issuing shares or stock
transferable by any deed or written instrument, shall be null and
void to all intents and purposes whatsoever, unless such contract,
agreement, or token shall set forth and designate in writing such
shares, stock or interest by the respective numbers by which the
same are distinguished at the making of such contract, agreement,
or token on the register or books of such joInt stock company as
aforesaid, or, where there is no such register of shares or stock by
distinguishing numbers, then unless such contract, agreement, or
token shall set forth the person or persons in whose name or names
such shares, stock or interest shall, at the time of making such

t
,~s amended 1) v No. 1 of 1912.
As by ~,c,. 1 o~ IM2 and No. 2 of 11312.
As ainwided by No. 4;3 of 1912 Supp. S(Incl.
As anierided b\ ' No. ~O of 1911, -\,o. 21 of 1912 and No. 43 of 1912
supp. selled.
contract, stand as the registered proprietor thereof in the books of
such joint stock company.
(21) Every person, whether principal, broker, or agent, who
wilfully inserts in any such contract, agreement or token any false
entry of such numbers, or any name or names other than that or
those of the person or persons in wbose name or names such shares,
stock or interest shall stand as aforesaid, shall be liable, on summary
conviction, to a fine not exceedig 200 dollars or to imprisonment
for any term not exceeding 6 months.
Short title. Avoidance of contract for sale and purchase of shares unless numbers of shares are set forth in contract. [cf. 30 & 31 Vict.c. 29 s. 1.]

Short title. Avoidance of contract for sale and purchase of shares unless numbers of shares are set forth in contract. [cf. 30 & 31 Vict.c. 29 s. 1.]

https://oelawhk.lib.hku.hk/items/show/858

CHURCH OF THE IMMACULATE CONCEPTION ORDINANCE, 1891

No. 4 of 1891.

To license the Church of the Immaculate Conception for the
Celebration of Marriages. [22nd July, 1891.]
[Preamble rep. No. 1 of 1912.]
1. The Church of the Immaculate Conception Ordinance, 1891.

2. The Church of the Immaculate Conception shall be deemed to
have been duly licensed for the celebration of marriages from the
date of its opening on 6th June, 1886.
Short title. Church licensed for marriages.

Short title. Church licensed for marriages.

https://oelawhk.lib.hku.hk/items/show/857

FORTS PROTECTION ORDINANCE, 1891

No. 3 of 1891.

To make provision for the protection of the Forts in the Colony.

[24th June, 1891.]

1. The Forts Protection Ordinance, 1891.

2. The word 'guard' in this ordinance includes any soldier of,
sentry belonging to His Majesty's regular troops who is employed
on mllitary duty in any battery, field-work, or fortification.

3. Any person who enters any battery, field-work, or fortification
unless he is the bearer of a written order for that purpose
duly granted to him by the Officer in command of His Majesty's-
regular forces in this Colony, or unless he is an officer or warrant
officer of the army, navy, or marine forces in uniform or a non-
commissioned officer of the army, navy, or marine forces on duty,
shall, on summary conviction, be, liable to a fine, not exceeding 500
dollars, or to imprisonment for any term not exceeding 3 months.

4. Any order granted to any contractor employed by, the Officer
Commanding the Royal Engineers shall cover all Chinese labourers
specifically mentioned in such order actually employed on work in
any such battery, field-work, or fortification.

5. If any person, not being an officer or warrant officer of
the army, navy, or marine forces in uniform or a non-commissioned
officer of the army, navy, or marine forces on duty, enters, or
attempts to enter, or is found in any such battery, field-work,
or fortification, any guard may require such person to show his order
for the purpose, and if such person, on being so required, does not
produce and show his order or if the said guard suspects that the
order produced and shown to him is not an order duly granted to
such person or not sufficient authority for such person to be in the
said battery, field-work, or fortification, he may arrest such person
forthwith and deliver him into the oc an officer of police.

As amended by No. 50 of 1911 and No. 51 of 1911.
As amended by No. 3U of 1911, No. 50 of 1911, No. 51 of 1911,
No. 1 of 1912, _No. 2 of 1912 and 'No, 21 of 1912.

As amended by No. 51 of 1911.
Short title. Interpretation. Prohibition of person not bearing order, or being officer or soldier from entering battery, etc. Order granted to contractor to include workmen. Arrest of person entering battery, etc.

Short title. Interpretation. Prohibition of person not bearing order, or being officer or soldier from entering battery, etc. Order granted to contractor to include workmen. Arrest of person entering battery, etc.

https://oelawhk.lib.hku.hk/items/show/856

GAMBLING ORDINANCE, 1891

No. 2 of 1891.

To consolidate and amend the laws realting to Gambling, Com-
mon Gaming Houses, and Lotteries [6th May, 1891.]
1. The Gambling Ordinance, 1891.

2. In this Ordinance--
'Street' shall be deemed to include and extend to any road,
lane, alley, passage, wharf, pier, park, recreation ground, or other
open space whatsoever.
'Place ' means and includes any house, room, office, agency,
boat, vehicle, or vessel, or any erection movable or otherwise, or
any spot on land or water:
'Gambling' applies to and includes lotteries:

Revenue Officers may arrest wothout warrant in respect of offences against the provisions of this Ordinance.
See No. 9 of 1911 s. 72.
As amended by No. 1 of 1909.



'Lottery' includes any game, method, or device whereby money
or money's worth is distributed or allotted in any nianner depending
upon or to be determined by chance or lot or the result of any race or
contest, whether the same is held, drawn, exercised, or managed
within or without the Colony'
Any place in which lottery tickets are sold, procured, or
distributed, or any place in which money or money's worth in
connexion with a loltery is paid or distributed, shall be deemed to
be 'kept for the purpose of a lottery':
'Implemenis or appliances of gambling' include, all articles
which are used in or for the purpose of gambling or a lottery
'Common gaining house' means and includes any place opened,
kept, or used-
(1) for playing therein at any game of chance or any mixed game
of chance and skill-
(a) in which a bank is kept by one or more of the play-
ers exclusively of the other or others; or
(b) in which the chances of the gaine are not alike favourable
to all the players, including among the players the banker or other
person by whom the game is managed or against whom the players
stake, play, or bet; or
(c) in which any commission or percentage is charged in connex-
ion with the ganie, the stakes, or the winnings; or
(2) for the purpose of a lottery or lotteries:
'Keeper' means and includes the occupier or person having the
use temporarily of any common gaming house, or any person having
or appearing to have the care or management of such place, and also
any person who acts in any manner assisting in conducting the busi-
ness of any such place or keeping watch in or about the same.

3. A place which is used as an ordinary social club to which the
public at large have not access shall nevertheless be deemed a
common gaming house if kept or used either for the playing of any
of the games mentioned in (1), or for the purpose mentioned in (2)
in the last section.

4. In case of any complaint made under this Ordinance, it shall
not be necessary to prove that any person found playing at any game
was playing for any money, wager, or stake.

* As amended by 1No. 50 of 1911.





5.-(1) Every person, being the owner of any place, who know-
ingly permits the same to be opened, kept, or used by another
person as a coininon gaining house shall, on summary conviction,
be liable to a fine not exceeding 1,000 dollars : Provided that no
prosecution under this section shall be commenced without the
fact of the Attorney General.
(2) The expression 'owner' as used in this section means and
includes the holder of any tenement direct from the Crown, whe-
ther under lease, licence, or otherwise, or the immediate landlord
of any tenement, or the agent of any such holder or landlord who
is absent or under disability.

G. The keeper of a common raining housc shall, on summary con-
viction, be liable to a fine not exceeding 1,000 dollars, and
imprisoninent: Provided that tlie aggregate term of imprisonment
imposed, whether for default in payinent of the penalty or otherwise,
shall in no case exceed the term of 9 months.
7.-(1) Every person who
(a) plays in a common gaining house, or
(b) buys any lottery ticket;
shall on summary conviction be liable to a fine not exceeding
25 dollars.
(2) Every person who sells or has in his possession with a view
to sale any lottery ticket shall be liable on summary conviction to a
fine not exceeding 1,000 dollars.
(3) Any person found in a common gaming house or found es-
caping therefrom on the occasion of its being entered under this
Ordinance shall be presumed, until the contrary is proved, to be or
to have been playing therein.
(4) Any person foond in possession of any lottery ticket shall be
presumed, utill the contrary is, proved, to have the said ticket in
his possession with a view to sale.

8. Every person who furnishes or advances money for the pur-
pose of gaining in any corninon gaining house or for the purpose
of establishing or conducting a common gaining house or a lottery
shall, on summary conviction, be liable to a fine not exceeding 1,000
dollars.

of 1911 and No. 1 of 1912.
+ As amended bv No. ~0 of 191.1.
As umended ~y No. 4 of 1912,
; As amended by No. 30 ot 1911.





9. Every person who-
(1) declares or exhibits, expressly or otherwise, the winner or
winning number, ticket, lot, figure, design, symbol, or other result
of any lottery; or
(2) writes, prints, or publishes, or cause to be written, printed,
or published, any lottery ticket or list of prizes, or any announce-
ment of the result of a lottery, or any announcement relating to a
lottery ; or
(3) announce's or publishes, or cause to be announced or
published, either orally or by means of any print, writing, design,
sign, or otherwise, that place is opened, kept, or used as
a common gaining hotise,
shall, on summary conviction, be liable to a fine not exceeding 100
dollars, or to imprisonment, without hard labour, for any term not
exceeding 3 months.

10. It shall be lawful for any Justice of the Peace or officer of
police duly authorised by warrant of any Justice of the Peace (which
shall be in the, form in the schedule) with such as may be
necessary, to enter and, if necessary, to break into any place which
such Justice of the Peace, from sworn information or of his own
knowledge, has reasonable grounds to suspect and believe to be a
common gaining house, and to arrest such persons as may be found
therein, and to seize all cards, dice, balls, counters, tables, lottery
tickets, or other implements of gambling or which may be used as
such, and also all moneys or securities for money which may be
either in actual use for the purpose, of gambling or he found upon
the persons of the keepers of such place, and the said implements
of gambling and moneys or securities for money, on conviction of
the offender, shall be forfeited.

11. Where any cards, dice, balls, counters, tables, lottery tickets,
books or other implements of gambling are found in any place
suspected of beirig a coinnion gaining house and entered under a
warrant issued under this Ordinance, or about the person of any of
those who may be found therein, it shall be evidence (until
the contrary is made to appear) that such place is used as a common
gaming house, and that the persons fonnd in the place where such
tables or implements of gambling have been found were playing

As ainencled by No. 30 of 1911.
As amended bY No. 50 of 1911, 'No. 51 of 1911 and No. 1 of l~12,

therein, although no play was actually going on in the presence of
the constable or officer entering the same under a warrant issued
under this Ordinance, or in the presence of any assistants by whom
he may be accompanied as aforesaid; and it shall be lawful for the
Magistrate before whom any person may be taken by virtue of the
warrant to direct all such implements of gambling to be forfeited or
destroyed.

12. Every person who-
(1) wilfully pervents any Justice of the Peace or officer authorised
by warrant under this Ordinance to enter any place from entering
the same or any part thereof ; or
(2) obstructs or delays any such Justice of the Peace or officer
in so entering ; or
(3) by any bolt, bar, chain, or othcr contrivance, secures any
external or internal door of or means of access to any place so
authorised to be entered; or
(4) uses any means or contrivance whatsoever for the purpose of
preventing, obstructing, or delaying the entry of any constable or
officer authorised as aforesaid into any such place or any part
thereof,
shall, on summary conviction, be liable to a fine not exceeding 500
dollars, or to imprisonment for any term not exceeding 6 months.

13. Where any officer of police atithorised under section 10 to
enter any place is wilfully prevented from or obstructed or delayed
in entering the same or any part thereof, or where any external or
internal door of or means of access to any such place so authorised to
be entered is found to be fitted or provided with any bolt, bar, chain,
or any means or contrivance for the purpose of preventing, delaying,
or obstructing the entry into the same or any part thereof of any
constable or officer authorised as aforesaid, or for giving an alarm
in case of such entry, or if any such place is found to be fitted or
provided with any means or contrivance for or with any
means or contrivance for concealing, removing, or destroying any
implements of gambling, it shall be evidence (until the contrary is
made to appear) that such place is a common gaming house within
the meaniny of this Ordinance, and that the persons found therein
wore unlawfully gaming therein.

As ainended bY Xo. 30 of 1911 i~nd No. 1 of 1912.
As aiiioiideel by No. 51 of 1911.





It shall be lawful for any Magistrafe before whom any
persons are bronglit who have. been found in any place entered in
pursuance of section 10 to requeire any of such peusons to be
examined upon oath and give evidence touching any gaming in any
such place or touching any act done for the purpose of preventing,
obstructing, or delaying the entry into such place or any part thereof
of any constable or officer authorised as aforesaid; and no person so
required to be examined as a witness shall bc excrised from being
so examined when brought before such Magistrite, or from being
at any subsequent time by or before the same or any other
Magistrate or any Court on any proceeding, or the trial of any
indictment, information, action or suit in anywise relating to such
unlawful gaming or any such acts as aforesaid, or from answering
any question put to him, touching the matters aforesaid, on the
ground that his evidencewill tend to criminate himself.

(2) Any such person so required to be examined as a witness who
refuses to make oath accordingly, or to answer any such question
as aforesaid, shall be, subJect to be dealt with in all respects as any
person appearing as a witness before any Magistrate or Court in
obedience to a summons or subpoena, and refusing, witbout, lawful
cause or exciise, to be sworn or to give evidence, may be dealt with
according to law.

15.-(1) Every person so required to be examined as a witness
as aforesaid who, on such examination, makes true and faithful
discovery to the best of his hnowledge of all things as to which he
is so examined shall, if the Magistrate or Judge by whom be is ex-
amined is satisfied that such true and faithful discovery has been
made, receive from such Magistrate or Judge a certificate in writing
under his hand to tbat effect, and shall be freed from all criminal
prosecutions and penal actions, and from all penalties, forfeitures,
and raillishnients tohe, iiia,y have beconic, liable for any-
thing done before that time in respect of the matters touching
which he has been so examined.
(2) If any action, indictment, or information is at any time
pending in any Court against any person so examined in respect of
any act of gambling touching which he was so examined, and if
any action, indictment, or information is at any time pending in
any Court against any person so examined as a witness in manner

As by No. 2 of 1912.
As amwided by No. 1 o~ 1912 and No. 2 of 1912.





before mentioned, for any such matter or thing, such Court shall,
on the production and proof of such certificate, stay the proceedings
in such action, indictment, or information, and may award to such
person such costs as he may have been put to by such action, indict-
ment, or information.

16. Any person found gambling in the street or acting as watch
man to streets gamblers shall, on summary conviction, be liable to
a fine not exceeding 25 dollars, or to imprisonment for any term not
exceeding 2 months.

17. Where any persons are found gambling in the street all
implements of gambling, and also all money in actual use, for the,
purpose of gambling or found in the possession of such persons, may
be forfeited by the Magistrate.

[s. 18, rep. No. 9 of 1912 s. 13.]

19. Any male person convicted of an offence under this Ordinance
who may appear to be of such tender years as to require punishment
rather in the way of school discipline than of ordinary criminial
justice may, in lieu of any other punishment hereby provided, be
sentenced to be whipped.

SCHEDULE. [s.10.]

FOUM OF WARRANT.
HONGKONG.
To each and all of the Constables the said Colony.

WHEREAS it appears to me A.B., one of the Justices of the Peace for the said Colony
of my own knowledge, [or by the information upon oath of C.D., of ] that
the Place [here insert description of the place] is kept or used us a common gaining
house, within the meaning of the Gambling Ordinance, 1891 : This is, tberefore, to
require you, with such assistance as may be necessary, to enter and, if necessary, to
break into the said place, and to arrest all such persons as may be found therein,
and to Seize all cards, dice, balls, counters, tables, lottery tickets, and other imple-
ments of gambling or which may be used as such and also all moneys or securities
for money which may be either in actual use for the purpose of gambling or be found
upon the persons of the keepers of such place, and the said implements of gambling
and moneys or securities for money to bring before a Magistrate, to be dealt with
according to the Ordinance; and for so doing this shall be your warrant.

Given under my hand and seal at Victoria, in the said Colony this day of
' 19 .

[L.S.] (Signed.) A.B., J.P.

As iiiiioii(led hy No. 30 of 1911.
As arnended bY No. 1 of 1912.

Short title. Interpretation of terms. Club used as gaming house. Proof of gaming for money not necessary. [8 & 9 Vict.c. 109 s. 5.] Penalty on owner of place permitting same to be used as common gaming house. [17 & 18 Vict c. 38 s. 4.] Keeping common gaming house. Playing in common gaming house, or dealing in lottery tickets. Advancing money for purpose of gaming. Declaring winner of lottery, etc. Power to enter or authorise entry of common gaming house and to seize implements and person. Evidence of gaming. [8 & 9 Vict.c. 109 s. 8.] Penalty on person obstructing entry of justice, etc. [17 & 18 Vict.c. 38 s.1.] Obstructing entry of constable to be evidence of house being used as common gaming house. [ib.s.2.] Power to Magistrate to require person apprehended to be sworn and give evidence. [17 & 18 Vict.c. 38 s. 5.] Person required to be examined as witness and making full discovery to be free from all penalties. [ib.s.6.] Street gambling. Forfeiture of implements of gambling and money. Boy convicted of offence may be whipped. [cf. No. 3 of 1903.]

Short title. Interpretation of terms. Club used as gaming house. Proof of gaming for money not necessary. [8 & 9 Vict.c. 109 s. 5.] Penalty on owner of place permitting same to be used as common gaming house. [17 & 18 Vict c. 38 s. 4.] Keeping common gaming house. Playing in common gaming house, or dealing in lottery tickets. Advancing money for purpose of gaming. Declaring winner of lottery, etc. Power to enter or authorise entry of common gaming house and to seize implements and person. Evidence of gaming. [8 & 9 Vict.c. 109 s. 8.] Penalty on person obstructing entry of justice, etc. [17 & 18 Vict.c. 38 s.1.] Obstructing entry of constable to be evidence of house being used as common gaming house. [ib.s.2.] Power to Magistrate to require person apprehended to be sworn and give evidence. [17 & 18 Vict.c. 38 s. 5.] Person required to be examined as witness and making full discovery to be free from all penalties. [ib.s.6.] Street gambling. Forfeiture of implements of gambling and money. Boy convicted of offence may be whipped. [cf. No. 3 of 1903.]

https://oelawhk.lib.hku.hk/items/show/855

SUNDAY CARGO WORKING ORDINANCE, 1891

No. 1 of 1891.

To restrict the loading and unloading of Cargo in Sunday.
[1st August, 1891.]
1. The Sunday Cargo Working Ordinance, 1891.

2. In this Ordinance-
'Vessel' includes all steamships and also all sailing ships of Eu-
ropean construction or design, except ships of war belonging to His
Majesty or to any foreign Government
'Cargo' does not include mails, personal luggage, live stock, ice,
or articles of food of a perishable nature required for immediate con-
sumption:

As amended by No. 50 of 1911.
As amended by No. 1 of 1912.
As amended by No. 51 of 1911.





'The Harbour Master' includes any person authorised or
deputed by him to perform any duty vested in or imposed upon him
by this Ordinance.

3. No cargo shall be, received on board, loaded, worked, or dis-
charged from any vessel within the waters of this Colony on Sunday,
without a permit (hereinafter called a Sunday Permit), in the form
in the 1st schedule, from the Harbour Master.

4. An application for a Sunday Permit may be made at the Har-
bour Master's office on any week day, and, if not made till
the Saturday preceding the Sunday for which the permit is required,
the application must be made not later than 5 p.m., unless some
other hour is fixed by regulations.

5. Unless such fees are altered by regulations, there, shall be
payable for Sunday Permits the fees rnentioned in the 2nd schedule.

6. It shall be lawful for the Governor-in-Gouncil to make regula-
tions as to the fees to be taken for Suday Permits, the hours
within which applications for such permits inay be made, and the
conditions on which such permits are granted, and the hours for
working under them.

7. Where any cargo is received on board any vessel or loaded,
worked, or discharged contrary to the provisions of section 3, the
master of such vessel, and, if he leaves the Colony before conviction,
then the agent and the consignee of such vessel, shall, on summary
conviction, be severally liable to a fine not exceeding 1,000 dollars,
or, in default of payment, to imprisonment for any term not
exceeding one month.

8. The person in charge of every steam-launch, sampan, junk, or
other boat assisting, by the carriage of cargo or otherwise, in any
contravention of section 3 shall, on sunimary conviction, be liable
to a fine not exceeding 50 dollars, or, in default of payment,
to imprisonment for any term not exceeding 14 days.

* As ainclided by No. 1 of 1912 and 1%o. 2 of 1912.
+ As arnended Gy No. 1 of E312.
No. 2 of ~912.
As amended by, No. 50 of 1911, No. 1 of 1912, No. 2 of 1912 and
No. 4b of 1912 supp. Sched.
As amended by No. 30 of 1911 piid No. 21 of 1912.
FIRST SCHEDULE. [s.3.]
FORM OF WARRANT.
The Sunday Cargo Working, 1891.
The sum of $ having been duly paid, permission is hereby granted to*
the Master, * the Agent, and* the Consignee to receive on board,
load, work, and dischargecargo on and from the + vesel name
within the waters of this Colony on Sunday, the day of , 19 ,
between the hours of and .
Dated the day of , 19 .
(Signed.) A.B.,
Harbour Master.

N.B- Cargo-working on Sunday without a permit is punishable by fine, or imprison-
ment in default of payment, under the Sunday Cargo Worhing Ordinance,
1891.

SECOND SCHEDULE. [s.5.]
SCALE OF FEES FOR SUNDAY PERMITS.
Registered tonnage-
400 or under..................... $75
Over 4OO but not exceeding 700 ...... 100
Over 700 ,, 1000 ..... 125
Over 1,000 ,, 1500...... 150
Over 1,500 ,, 2000...... 175
Over 2,000 ,, .......... 200
Short title. Interpretation of terms. Permit for working cargo on Sunday. Application for permit. Fees. Regulations. Penalty for infringement of section 3. Penalty for assisting in such infringement. * Insert names. + Insert 'steam' or 'sailing.'

Short title. Interpretation of terms. Permit for working cargo on Sunday. Application for permit. Fees. Regulations. Penalty for infringement of section 3. Penalty for assisting in such infringement. * Insert names. + Insert 'steam' or 'sailing.'

https://oelawhk.lib.hku.hk/items/show/854

SQUATTERS ORDINANCE, 1890

No. 5 of 1890.

To made provision with respect to Squatting on Crown Lands.
[1st May, 1891.]
WHEREAS, at the date of the establishment of this Colony certain per
sons were in the occupation of land therein, and they and their
descendants and representatives have continued to hold the same
without any grant of any lease or interest from the Crown; AND
WHEREAS certain other, persons have, since the establisbment of
the Colony, taken possession of land therein, and they and their
descendants and representatives have occupied the same without
any grant of any lease or interest from the Crown, AND WHEREAS
certain other persons have been and are in occupation of land with
in the Colony under licence from the Crown (known as Squatters
Licences) but without any other grant of any lease or interest from
the Crown; AND WHEREAS it is desirable that the irregular occupa-
tion of Crown land should be discontinued, but that such of the
above-mentioned occupiers (hereinafter referred to as squatters)
as may be deerned to have an equitable, claim thereto shall receive
leases from the Crown of their several holdings, on the terms and
subject to the conditions hereinafter mentioned:-
1. The Squatters Ordinance, 1890.

2. Claims by squatters to leases from the Crown shall, subject to
the provisions of this Ordinance, be heard and determined by a
Board, (hereinafter referred to as the Board) which shall consist
of one of the Judges, the Director of Public Works and the
Registrar General, and one other person to be from time to time
appointed by the Governor.

3-(1) The Judge, shall be the chairman of the Board, and three
members thereof shall form a quorum.
(2) In the case of an equal division of opinion the chairman shall
have a casting vote.
(3) There shall be a Secretary to the Board, to be appointed by
the Governor, whose duty it, shall be to keep a record of all
proceedings and decisions of the Board, to receive all claims and
communications to the Board, and to issue all orders and directions
of the Board.

4. The Board shall have the following powers:-
(1) to determine within what time claims to leases in any speci-
fied village or district shall be presented to the Board, and in what
form and manner such claims are to be presented;

As. uniended by ,,o. 1 of 1912 and No. 2 of 1912.
As ai-a~,n(l(~(1 by No, 1 of 19,12.





(2) to cause to be notified in any village or district in which land
is occupied by squatters, and in such manner as the Board may
direct, notice of the time within which claims to such land must
be made, and the form and manner of making such claims; and
(3) to fix the dates and times and places for the hearing of such
claims to leases, and to cause notice of such dates and times and
places to be notified to claimarits in such manner as the Board may
direct.

5. If in any case it appears to the Director of Public Works before
the hearing, that a lease can be granted to any claimant without
further investigation, he shall report the same to the Board accord-
ingly, and in such case it shall not be necessary for the claimant
or his witnesses to appear before the Board, unless the Board so
orders.

6.-(1) For the purpose, of the hearing of any claim to a
lease, the Board shall have powers similar to those vested in
the Supreme Court on the occasion of any action in respect
of the following matters; namely,
(a) enforcing the attendance of witnesses and examining them
upon oath or otherwise;
(b) compelling the production of documents
(c) punishing persons guilty of contempt of the Board or of any
order of the Board;
(d) ordering inspection of property; and
(e) making and enforcing any order which may be necessary to
the proper hearing and deterination of any question before the
Board.
(2) the Board may exercise all or any of such powers for
the purposes of any claim before the Board to the same extent as the
Supreme Court mlight exercise them or any of them for the purposes
of any action.

7. Any member of the board shall, for the purposes of any in-
quiry made by the Board, have power to enter and view any
premises or property, and the Board shall have power to authorise
any person nominated by the Board to enter and view any premises
or property for the like ptirpose.

* As aniended by No. 51 of 1911.





8. If in any claim to a lease it appears to the Board that
any witness has committed wilful and corrupt perjuiry, the Board
may, for the purpose of punishing such perjury, exercise powers
similar to and to the same extent as those conferred on the Supreme
Court by section 31 of the Supreme Court Ordinance, 1873, for the
punishment of perjury in any cause, action, or suit.

9. Any summons, order, warrant or direction of the Board shall
be deemed to be duly made with the authority of the Board if it is
signed by the chairman of the Board and issued by the secretary,
and any such summons, order, or warrant so signed and issued in
connexion with and for the purposes of any claim to a lease shall
be equivalent to any form of summons, order, or warrant issued in
any action in the Supreme Court for enforcing the attendance of
witnesses, or compelling the production of documents, or otherwise
for the purposes of any action.

10. The Board may allow or disallow any claim to a, lease or allow
the same as to part of the clalm or subject to such conditions as it
may think fit.

11. The Director of Public Works shall, before the hearing of the
claims relating to land in any village or district, fix the several rents
to be charged in any leases which may be granted, and the amount
of the rent so fixed shall be cornmunicated in the notice for claims
referred to in section 4 (2); but the Governor may, on the recom-
mendation of the Board or ol his own motion, grant the lease in any
particulax case with a rent lower than that previously fixed by the
Director of Public Works.

12.-(1) In any case where the Board allows the claim a lease
shall be granted unless the Governor in this discretion deelines, to
grant a lease, in which case the claim shall be referred to the
Director of Public Works who may negotiate with the claimant In
respect of the grant of a lease of other lands in lieu of the holding in
relation to which the claim is made.
(2) In the event of a failure to effect such negotiation the Board
shall decide what compensation shall be paid to the claimant
in respect of such holding and of any brulding or fixture, the
removal of which is in the opinion of the Director of Public Works

* As tlIfiCtL~l(~(1 by NO. 51. Of 1911.
f As amended bv No. 8 of 1910 and No. 1 of 1012.
necessary or desirable in the public interest, and in such case the
amount awarded by the, Board shall be paid by the Government to
such person as the Board may direct.
Provided always that in estimating any claim for compensation
the Board shall take into consideration the condition of a building as
regards the security of its structure and its sanitary condition.

13. After the commencement of this Ordinance, occupation
by any person as a squatter, or without licence, or without any
grant of any estate or interest from the Crown, of land a lease for
which has been disallowed by the Board, or in respect of which com-
pensation as above, mentioned has been paid, or for which no lease
has been claimed under this Ordinance shall be deemed to be
a trespass, and the peron so occupying without having a grant as
aforesaid may be dealt with as a trespasser accordingly.

14. No appeal shall lie from any decision of the Board, nor shall
its proceedings be liable to revision by or removal to the Supreme
Court by writ of certiorari or other legal process.

15. Leases to be granted to squatters under this Ordinance shall
be in such form as may be submitted by the Board and approved by
the Governor-in-Council.
Short title. Board for determination of claims by squatters to leases. Chairman and quorum of Board. Powers of Board. Report in favour of claim by Director of Public Works before hearing. Further powers of Board for hearing of claims. Powers of entry and view. Power of Board with respect to witness committing perjury. No. 3 of 1873. Issue of process. Power to allow or disallow claim. Fixing rent before hearing of claim. Granting of lese where claim allowed unless Governor declines. Squatter without lease etc. to be deemed trespasser. No appeal from decision of Board. Form of lease.

Short title. Board for determination of claims by squatters to leases. Chairman and quorum of Board. Powers of Board. Report in favour of claim by Director of Public Works before hearing. Further powers of Board for hearing of claims. Powers of entry and view. Power of Board with respect to witness committing perjury. No. 3 of 1873. Issue of process. Power to allow or disallow claim. Fixing rent before hearing of claim. Granting of lese where claim allowed unless Governor declines. Squatter without lease etc. to be deemed trespasser. No appeal from decision of Board. Form of lease.

https://oelawhk.lib.hku.hk/items/show/853

MERCHANDISE MARKS ORDINANCE, 1890

No. 4 of 1890.

To amend the law relating to Fraudulent Marks on Merchandise.

[1st January, 1891.]

1. The Merchandise Marks Oridinance, 1890.

2.-(1) For the purposes of this Ordinance,-

'Trade mark' means a trade mark registered in the Register
of Trade marks kept under any Ordinance, or kept under or preserved
by the Trade Marks Act, 1905, and includes any trade mark
which, either with or without registrate, is protected by law in
any British possession or Foreign State to which the provisions of
section 91 and the proviso to section 98 (1) of the Patents and
Designs Act, 1907, are, under Order in Council, for the time being
applicable:

'Trade description' means any description, statement, or
other indication, direct or indirect,-

(a) as to the number, quantity, measure, gauge, or weight of
any goods; or

(b) as to the place or country in which any goods were made or
produced; or

(c) as to the mode of manufacturing or producing any goods; or

(d) as to the material of which any goods are composed; or

(e) as to any goods being the subject of an existing patent,
privilege, or copyright;

and the use of any figuree, word, or mark which, according to the
custom of the trade, is commonly taken to be an indication of any
of the above matters, shall be deemed to be a trade description within
the meaning of this Ordinance:

'False trade description' means a trade description which is
false in a material respect as regards the goods to which it is
applied, and includes every alteration of a trade description, whether
by way of addition, effacement, or otherwise, where that alteration
make the description false in a material respect; and the
fact that a trade description is a trade mark, or part of a trade
mark, shall not prevent such trade description being a false trade
description within the meaning of this Ordinance:

'Goods' means anything which is the subject of trade,
manufacture, or merchandise:
'Person', 'manufacturer', 'dealer', or 'trader', and
'proprietor', include any body of persons, corporate or unincorporate:

'Name' includes any abbreviation of a name.

(2) The provisions of this Ordinance respecting the application of
a false trade description to goods shall extend to the application to
goods of any such figures, words, or marks, or arrangement or combination
thereof, whether including a trade mark or not, as are
reasonably calculate to lead persons to believe that the goods are
the manufacture or merchandise of some person other than the person
whose manufacture or merchandise they really are.

(3) The provisions of this Ordinance respecting the application of
a false trade description to goods, or respecting goods to which a
false trade description is applied, shall extend to the application
to goods of any false name or initials of a person, and to goods with
the false name or initials of a person applied, in like manner as if
such name or initials were a trade description, and for the purposes
of this enactment the expression 'false name' or 'initials' means,
as applied to any goods, any name or initials of a person which-

(a) are not a trade mark or part of trade mark; and

(b) are identical with or a colourable imitation of the name or
initials of a person carrying on business in connexion with goods
of the same description, and not having authorised the use of such
name or initials; and

(c) are either of a fictitious person or of some person not
bona fide carrying on business in connection with such goods.

3.-(1) Every person who-

(a) forges any trade mark; or

(b) falsely applies to goods any trade mark or any mark so nearly
resembling a trade mark as to be calculated to deceive; or

(c) makes any die, block, machine, or other instrument for the
purpose of forging, or of being used for forging, a trade mark; or

(d) applies any false trade description to goods; or

(e) disposes of or has in his possession any die, block, machine,
or other instrument for the purpose of forging a trade mark; or

(f) causes any of the things above in this section mentioned to be
done.
shall, subject to the provisions of this Ordinance and unless
he proves that he acted without intent to defraud, be guilty of an
offence.

(2) Every person who sells, or exposes for, or has in his
possession for sale, or any purposes of trade or manufacture, any
goods or things to which any forged trade mark or false trade description
is applied, or to which any trade mark or mark so nearly
resembling a trade mark as to be calculated to deceive is falsely
applied, as the case may be, shall, unless he proves-

(a) that, having taken all reasonable precautions against committing
an offence against this Ordinance, he had, at the time
of the commission of the alleged offence, no reason to suspect the
genuineness of the trade mark, mark, or trade description; and

(b) that, on demand made by or on behalf of the prosecutor, he
gave all the information in his power with respect to the persons
from whom he obtained such goods or things; or

(c) that otherwise he had acted innocently,
be guilty of an offence.

(3) Every person who is guilty of an offence against this Ordinance
shall be liable,-

(a) on conviction before the Supreme Court, to imprisonment
for any term not exceeding 2 years, and to a fine not exceeding
2,000 dollars; and

(b) on summary conviction, to imprisonment for any term not
exceeding 4 months, or to a fine not exceeding 100 dollars, and, in
the case of a second or subsequent conviction, to imprisonment for
any term not exceeding 6 months, or to a fine not exceeding 250
dollars; and,

(c) in any case, to forfeit every chattel, article, instrument, or
thing by means of or in relation to which the offences has been committed.

(4) The Court or Magistrate before which or whom any person
is convicted under this section may order any forfeited articles to
be destroyed or otherwise disposed of as the Court or Magistrate
thinks fit.

(5) A person charged with an offence under this section before a
Magistrate shall, on appearing before such Magistrate and before
the charge is gone into, be informated of his right to be tried
on indictment before the Supreme Court, and, if he requires to be
so tried, be committed for trial and be so tried accordingly.

4. A person shall be deemed to forge a trade mark who either,-

(1) without the assent of the proprietor of the trade mark, make
that trade mark or a mark so nearly resembling that trade mark as
to be calculated to deceive; or

(2) falsifies any genuine trade mark, whether by alteration,
addition, effacement, or otherwise;
and any trade mark or mark so made or falsified is in this Ordinance
referred to as a forged trade mark: Provided that, in any prosecution
for forging a trade mark, the burden or proving the assent
of the proprietor shall lie on the defendant.

5.-(1) A person shall be deemed to apply a trade mark or mark
or trade description to goods who-

(a) applies it to the goods themselves; or

(b) applies it to any covering, label, reel, or other thing in or
with which the goods are sold or exposed or had in possession for
any purpose of sale, trade, or manufacture; or

(c) places, encloses, or annexes any goods which are sold or exposed
or had in possession for any purpose of sale, trade, or manufacture,
in, with, or to any covering, label, reel, or other thing to
which a trade mark or trade description has been applied; or

(d) uses a trade mark or mark or trade description in any manner
calculated to lead to the belief that the goods in connexion with
whcih it is used are designated or described by that trade mark or
mark or trade description.

(2) The expression 'covering' includes any stopper, cask,
bottle, vessel, box, cover, capsule, case, frame, or wrapper; and
the expression 'lable' includes any band or ticket.

(3) A trade mark, or mark, or trade description shall be deemed
to be applied whether it is woven, impressed, or otherwise worked
into, or annexed, or affixed to the goods, or to any covering, label,
reel, or other thing.

(4) A person shall be deemed to falsely apply to goods a trade
mark or mark who, without the assent of the proprietor of a trade
mark, applies such trade mark or a mark so nearly resembling it as
to be calculated to deceive, but in any prosecution for falsely
applying a trade mark or mark to goods the burden of proving the
assent of the proprietor shall lie on the defendant.




6. Where a defendant is charged with making any die, block,
machinc, or other instrument for the purpose of forging, or being
used for forging, a trade mark, or with falsely applying to goods any
trade mark or any mark so nearly resembling a trade mark as to be
calculated to deceive, or with applying to goods any false trade
description, or causing any of the things mentioned in this section
to be done, and proves-

(1) that, in the ordinary course of his business, he is employed,
on behalf of other persons, to make dies, blocks, machines, or other
instruments for making, or being used in making, trade marks, or,
as the case may be, to apply marks or descriptions to goods, and
that in the case which is the subject of the charge he was so
employed by some person resident in the Colony, and was not
interested in the goods by way of profit or commission dependent on
the sale of the goods ; and

(2) that he took reasonable precautions against committing the
offence charged; and

(3) that he had, at the time of the commission of the alleged
offence, no reason to suspect the genuineness of the trade mark,
mark, or trade description ; and

(4) that he gave to the prosecutor all the information in his
power with respect to the persons on whose behalf the trade mark,
mark, or trade description was applied,
he shall be discharged from the prosecution, but shall be liable to
pay the costs incurred by the prosecutor, unless he has given due
notice to him that he will rely on the above defence.

7.-(1) Where a watch ease has thereon any words or marks
which constitute,,or are by coinmon repute considered as constitut-
ing, a description of the country in which the watch was made, and
the watch bears no descripbon of the cotintry where it was made,
those words or marks shall prima facie be deemed to be a description
of that country within the meaning of this Ordinance, and the pro-
visions of this Ordinance with respect to goods to which a false trade
description has been applied, and with respect to selling or exposing
for or having in possession for sale or any purpose, of trade or manu-
facture, goods with a false trade description shall apply accordingly.

(2) For the purposes of this section the expression 'watch'
weans all that portion of a watch which is not the watch case.





8. In any information, indictment, pleading proceeding, or docit-
ment, in which any trade mark or forged trade mark is intended to
be mentioned, it shall be sufficient, without further description and
without any copy or facsimile, to state that frade mark or forged
trade mark to be a trade mark or forged trade mark.

9. In any prosecution for an offence against this Ordinance,-

(1) a defendant and his wife or her husband, as the case may be,
may, if the defendant thinks fit, be called as a witness, and, if
called, shall be sworn and examined, and may be cross-examined
and re-examined, in like manner as any other witness; and,

(2) in the case of imported goods, evidence of the port of ship-
ment shall be prima facie evidence of the place or country in which
the goods were made or produced.

10. Every person who, being within the Colony, procures,
counsels, aids, abets, or is accessory to the commission, without
the Colony, of any act, which, if committed in the Colony, would
under this Ordinance be a misdemeanor, shall be guilty of that
mlsdenieanor as a principal, and be liable to be proceeded against,
tried and convicted in the Colony as if the misdemeanor had been
there committed.

11L-(1) Where, on any information or complaint laid for an
offence against this Ordinance, a Magistrate has issued either a
summons requiring the defendant charged by such information or
complaint to appear to answer to the same, or has issued a warrant
for the arrest of such defendant, and either the said Magistrate or
any other Magistrate, on or after issuing the summons or Warrant,
is satisfied by information upon oath that there is reasonable, cause
to suspect that any goods or things by means of or in relation to
which such offerice has been committed are in any house or premises
of the defendant, or otherwise in his possession or tinder his control
in any place, such Magistrate may issue a warrant, by virtue of
which it shall be lawful for any constable named or referred to in
the warrant to enter such house, premises, or place at any reason
able time by day, and to search therefor and seize and take away
those goods or things; and any goods or things seized under any
such warrant shall be brought before a Magistrate for the purpose

* As amencled by 'il;o. 1 of 1912,





of its being determined whether the: same are or are not liable to
forfeiture under this Ordinance.
(2) If the owner of any goods or things which, if the owner
thereof had been convicted, would be, liable to forfeiture under this
Ordinance is unknown or cannot be found, an information or com-
plaint may be laid or made for the purpose only of enforcing such
forfeittire, and a Magistrate may cause notice to be advertised
stating that, unless cause is shown to the contrary at the time and
place named in the notice, such goods or things will be forfeited;
and at such time and place the Magistrate, unless the owner or
any person on his behalf, or other person interested in the goods
or things, shows cause to the contrary, may order such goods or
things or any of them to be forfeited.
(3) Any goods or things forfeited under this section, or under any
other provision of this Ordinance, may be destroyed or otherwise
disposed of in such manner as the Court or Magistrate by which
or whom the same are forfeited may direct; and the Court or
Magistrate may, out of any proceeds which may be realized by the
disposition of such goods or thingfs (all trade Marks and trade
descriptions being first obliterated), award to any innocent party any
loss which lie may have innocently sustained in dealing with such
groods.

12. On any prosecution under this Ordinance, the Court or
Magistrate may order costs to be paid to the defendant by the
prosecutor or to the prosecutor by the defendant, having regard to
the information given by and the conduct of the defendant and pro-
secutor respectively.

13. No prosecution for an offence against, this Ordinance shall be
commenced after the expiration of 3 years next after the commission
of the offence, or one year next after the first discovery thereof by
the prosecutor, whichever expiration first happens.

14. Whereas it is expedient to make provision for prohib-
iting the importation of goods which, if sold, wofild be liable to
forfeiture under this Ordinance :-
(1) all such goods, and also all goods of foreign manufacture
bearing any name or trade mark being or purporting to be the name
or trade mark of any manufacturer, dealer, or trader in the United

* As amended by No. 50 of 1911, No. 1 of 1912 and Ne. 2 of 1912.





Kingdom, unless such name or trade mark is accompanied by a
definite indication of the country in which the goods were inade oi
produced are hereby prohibited to be imported into the Colony, and
if any such goods are imported or brought into the Colony contrary
to the prohibition herein contained, such goods shall be forfeited
and may be destroyed or otherwise, disposed of as the Superinten-
dent of Imports and Exports may direct
(2) before detaining any such goods, or taking any further
proceedings with a view to the forreiture thereof under this Ordi-
nance, the Superintendent of Imports and Exports may require the
regulations under this scelion, whether as to information, security,
conditions, or other matters, to be complied with, and may satisly
himself in accordance with those regulations that the goods' are such
as are prohibited by this section to be imported;
(3) the Governor-in-Council may make regulations, either general
or special, respecting the detention and forfeiture of goods the im-
portation of which is prohibited by this section, and the conditions,
if any, to be fulfilled before such detention and forfeiture, and inay
by such regulations determine the information, notices, and security
to be given, and the evidence requisite for any of the purposes of
this section, and the mode of verification of such evidence;
(4) where there is on any goods a name which is identical with
or a colourable imitation of the name of a place in the United
Kingdom, that name, unless accompanied by the name of the
country in which such place, is situate, shall be treated for the pur-
poses of this section as if it were the naine of a place in the United
Kingdom ;
(5) the regulations may apply to all goods the importation
of which is prohibited by this section, or different regulations may
be made respecting different classes of such goods or of offences in
relation to such goods;
(6) the regulations may provide for the informant reimbursing
the Superintendent of Imports and Exports all expenses and
damages incurred in respect of any detention made on his informa-
tion, and any proceedings consequent on such detention.

15. On the sale or in the contract for the sale of any goods
to which a trade mark, or mark, or trade description has been
applied, the vendor shall be, deemed to warrant that the mark is a
genuine trade mark and not forged or falsely applied, or that the





trade description is not a false trade description within the meaning
of this Ordinance, unless the contrary is expressed in some writing
signed by or on behalf of the vendor and delivered at the time of
the sale or contract to and accepted by the vendee.
16. Where, at the commencement of this ordinance, a trade des-
cription is lawfully and generally applied to goods of a particular
class, or manufactured by a particular method, to indictate the
particualr class metod of manufacture of such goods, the pro-
visions of this Ordinance with respect to false descriptions shall not
apply to such trade description when so applied: Provided that
where such trade description includes the name of a place or
country, and is calculated to mislead as to the place or country
where the goods to which it is applied were actually made or pro-
duced, and the goods are, not actually made or produced in that
place or country, this section shall not apply unless there is added
to the trade description, immediately before or after the name of
that place or country, in an equally conspicuous manner with that
name, the name of the place or country in which the goods were
actually made or produced, with a statement that they were made
or produced there.
17-(1) This Ordinance shallt not exempt any person from any
action or other proceeding which might, but for the provisions of
this Ordinance, be brought against him.
(2) Nothing in this Ordinance shall entitle any person to refuse
to make a complete discovery or to answer any question or inter-
rogatory in any action, but such discovery any answer shall not be
admissible in evidence agalnst such in any prsecution for an
offence against this Ordinance.
(3) Nothing in this Ordinance shall be construed so as to render
liable, to any prosecution or punishment any servant of a master
resident in the Colony who bona fide acts in obedience to the
instructions of such master, and who, on deniand made by or
on behalf of the prosecutor, has given full information as to his
master.
18. Every person who falsely represents that any goods are made
by a person holding a Royal Warrant, or for the service of His
Majesty, or any of the Royal Family, or any Government depart-
ment, colonial or otherwise, shall, on summary conviction, be liable
to a fine not exceeding 100 dollars.

* AS amended by No. 80 of 1911 and No. 51 of 1911.
Short title. Interpretation of terms. [50 & 51 Vict.c. 28 s. 3.] [5 Edw. VII.c. 15.] [7 Edw. VII.c. 29.] Offences as to trade marks and trade descriptions. [50 & 51 Vict.c. 28 s. 2.] Forging trade mark. [50 & 51 Vict.c. 28 s.4.] Applying mark or description. [ib.s.5.] Exemption of certain person employed in ordinary course of business. [50 & 51 Vict.c. 28 s. 6.] Application of the Ordinance to watches. [ib.s.7.] Description of trade mark in pleading. [50 & 51 Vict.c. 28 s. 9.] Rules as to evidence. [ib.s.10.] Punishment of accessory. [ib.s.11.] Issue of and proceedings on search warrant. [ib.s.12.] Costs of defence or prosecution. [50 & 51 Vict.c. 28 s. 14.] Limitation of prosecution. [ib.s.15.] Prohibition of importation of goods liable to forfeiture. [ib.s.16.] Implied warranty on sale of marked goods. [50 & 51 Vict.c. 28 s. 17.] Provisions of the Ordinance as to false description not to apply in certain cases. [50 & 51 Vict.c. 28 s. 18.] Savings. [ib.s.19.] False representation as to Royal Warrant, etc. [ib.s.20.]

Short title. Interpretation of terms. [50 & 51 Vict.c. 28 s. 3.] [5 Edw. VII.c. 15.] [7 Edw. VII.c. 29.] Offences as to trade marks and trade descriptions. [50 & 51 Vict.c. 28 s. 2.] Forging trade mark. [50 & 51 Vict.c. 28 s.4.] Applying mark or description. [ib.s.5.] Exemption of certain person employed in ordinary course of business. [50 & 51 Vict.c. 28 s. 6.] Application of the Ordinance to watches. [ib.s.7.] Description of trade mark in pleading. [50 & 51 Vict.c. 28 s. 9.] Rules as to evidence. [ib.s.10.] Punishment of accessory. [ib.s.11.] Issue of and proceedings on search warrant. [ib.s.12.] Costs of defence or prosecution. [50 & 51 Vict.c. 28 s. 14.] Limitation of prosecution. [ib.s.15.] Prohibition of importation of goods liable to forfeiture. [ib.s.16.] Implied warranty on sale of marked goods. [50 & 51 Vict.c. 28 s. 17.] Provisions of the Ordinance as to false description not to apply in certain cases. [50 & 51 Vict.c. 28 s. 18.] Savings. [ib.s.19.] False representation as to Royal Warrant, etc. [ib.s.20.]

https://oelawhk.lib.hku.hk/items/show/852

MAGISTRATES ORDINANCE, 1890

No. 3 of 1890.

to consolidate and amend the laws relating to the jurisdiction
of magistrates and the procedure and practice on sum-
mary conviction and to indictable offences and for other
purposes . [in force 1st January, 1891.]
preliminary provisions.
1. the Magistrates ordinance , 1890.
2. in this ordinance,-
' the court ' means the supreme court :
' the registrar ' means the registrar of the supreme court:




' Magistrate ' includes two magistrates where two magistrates
sit together:
' Indictable offence ' means any crime or offence for which a
Magistrate is authorised or empowered to commit the accused per-
son to prison for trial before the Court:
'Indictment ' includes an information in the court:
' Civil debt ' means any sum of money claimed to be due which
is recoverable before a Magistmte on complaint and not on inform-
ation:
'Counsel' means any barrister, advocate, or solicitor having
the right of audience before any Court in the Colony:
'The Magistrate's clerk' includes (where there is more than
one) either or any of such clerks or such other person as a Magis-
trate directs to be anything required by this Ordinance to be done
by the Magistrate's clerk:
' Prescribed ' means prescribed or provided by any enactment.
which relates to any offences, penalties, fines, costs,sums of
money, orders, proceedings, or matters to the punishment, re-
covery, making, or conduct of which this Ordinance expressly or
impliedly applies or may be applied:
''Fine' includes any plecuniary penalty, or pecuniary forfeiture
or pecuniary compensation payable under a conviction or order:
'Sum adjudged to be paid by a conviction' and 'sum adjudged
to be paid by an order ', respectively, include any costs
to be paid by the conviction or order, as the case may be, of which
the amount is ascertained by such conviction or order:
' Appellant ' means the party appealing under Part VI from a
decision of a Magistrate:
'Party' includes the Crown and also any person aggrieved
within the meaning of sections 98 and 103:
'Respondent' means the opposite party whose interest conflicts
with the interest of any person appealing within the meaning of the
said last-mentioned section :
' Prison ' means the Gaol .
[ss. 3, 4, rep. No. 30 of 1911]

5. nothing in this Ordinance shall affect any special procedure
provided in any Ordinance not hereby repealed,





6.-(1) The forms in the Ist schedule or forms to the like effect,
with such variations or additions as circunistances may require,
shall be deemed good, valid,and sufficient in law.
(2) Reference to the forms in the said schedule, is made in con-
nexion with the subjects to which they respectively relate by the,
insertion in the margin of references to the said forms,

PART I.
CONSTITUTION OF MAGISTRATES.

7.-(1) There shall be either one or more magistrates, who shall
be Justices of the Peace by virtue of their office, and shall have and
exercise all such powers and jurisdiction as were vested in Police
Magistrates before the commencement of this Ordinance, except as
altered or repealed by this or any other Ordinance; and whenever
by any past Ordinance or statute in force in the Colony any pro-
ceeding, act, or thing is authorised to be taken or done by a Justice
or Justices of the Peace, the same may be taken or done by one
Magistrate.
(2) The Governor may appoint Magistrates as vacancies occur.

8. There shall be as heretofore a Marine magistrate, who, with-
out prejudice to any other jurisdiction, power, or authority possess-
ed by him, shall have the power and authority of a Magistrate to
hear and determine cases of assault and assault and battery where
there is no intent to conimit a felony; and the provisions of
this Ordinance in relation to the procedure before a Magistrate in
such cases shall apply mutatis to casees before the Marine
Magistrate.

9.-(1) In every case where a Magistrate may issue a warrant for
the apprehension of any person, it shall be lawful for a Justice of
the Peace, on the application of a police officer and on oath being
made before him substantiating the matter of the information to his
satisfaction, to issue such warrant in order that such person may be
brought before a Magistrate to be dealt with according to law.
(2) It shall be lawful for the Governor as occasion may require to
direct that any two Justices of the Peace, sitting to other, shall
have the powers and jurisdiction that a Magistrate has by this Ordin-
ance, and thereupon all the provisions of this or any other Ordin-





ance relating to proceedings before a Magistrate shall apply mutatis
mutandis to the proceedings before such Justices. Such direction
shall name a place where the said Justices are to sit.

PART II.
PROCEDURE IN RESPECT OF SUMMARY OFFENCES,
10.-(1) In every case where a complaint is made to or an
information laid before a Magistrate in respect of wbich the Magis-
trate has power to convict summarily or to make an order for the
payment of money or otherwise, it shall be lawful for the
Magistrate to issue his summons to the person against whom the
complaint has been made or information laid, stating shortly the
matter of the complaint or information and requiring him to appear
at a certain time and place before a Magistrate to answer to
the complaint or information, and to be further dealt with accord-
ing to law.
(2) Every such summons shall be served by a constable,
usher, or other officer in a Magistrate's Court on the person
to whom it is so directed by delivering the same to him personally
or by leaving the same with some person for him at his last or most
usual place of abode ; and the constable or other officer who serves
the same shall attend at the time and place before the Magistrate
mentioned in the summons to depose, if necessary, to the service of
the summons: Provided always that nothing herein contained shall
oblige a magistrate to issue a summons in any case where the
defendant appears voluntarily or upon his recognizance or is in the
custody of the police or charged on the charge sheet.

11.-(1) If the person so served with a summons does not appear
before the Magistrate at the time and place mentioned in the sum
mons, and it is made to appear to the Magistrate, by oath, that the
summons was so served within what is deemed by the Magistrate
to be a reasonable time before the time therein appointed for
appearing to the same, then it shall be lawful for the Magistrate,
on oath being made before him substantiating the matter of the com-
plaint or information to his satisfaction, to issue his warrant
to apprehend the person so summoned, and to bring such person
before him or another Magistrate to answer the said complaint
or information, and to be further dealt with according to law; or,
on such information being laid as aforesaid, the Magistrate before





whom the information has been laid may, on oath being made be-
fore him substantiating the matter of the information to
his satisfaction, instead of issuing such summons as aforesaid, issue
in the first instance his warrant for apprehending the person against
whom the information has been laid, and for bringing him before
a Magistrate to answer to the said information, and to be further
dealf with according to law.

(2) In any case Where a Magistrate is empowered to make an
order for the payment of money or otherwise where a summons is
so issued as aforesaid, if, on the day and at the place appointed in
and by the summons for the appearance of the party so summoned,
such party fails to appear accordingly in obedience to the summons,
then and in every such case, if it is proved upon oath to a
Magistrate that the summons was duly served on such party
a reasonable time before the time so appointed for his appearance
as aforesaid, it shall be lawful for the maagistrate to proceed ex parte
to the hearing of the complaint or information, and to adjudicate
thereon as fully and effectually to all intents and purposes as
if such party had personally appeared before him in obedience to
the summons.

12.-(1) Every complaint and every information unnder this Part,
unless some Ordinance or statute otherwise requires, may res-
pectively be,made or laid without anly oath being made of the truth
thereof; except in case of an information where the Magistrate
receiving the same thereunpon issues his warrant in the first instance
to apprehend the defendant as aforesaid ; and in every such case
where the Magistrate issues his warrant in the first instance the
matter of the information shall be substantiated by the oath of the
informant, or of some witness on his behalf, before any such war-
rant shall be issued.
-(2) Every such complaint shall be for one matter of complaint
only, and not for two or more matters of complaint; and every such
information shall be for one offence only, and not for two or more
offences.

(3) Every such coniplaint or information may be made or laid by
the complainant or informant in person or by his counsel or other
person authorised in tbat behalf.





13-(1) The room or place in which a Magistrate sits to hear
and try any complaint or information shall be deemed an open and
public Court, to which the public generally may have access, so far
as the same can conveniently contain them, unless the Magistrate
otherwise directs where the evidence is of an indecent character, in
which case he shall make a note on the depositions of the direction
which he has given.
(2) The party against whom the complaint is made or in-
formation laid shall be admitted to make his full answer and
defence thereto, and to have the witnesses examined and cross-ex-
amined, by counsel on his behalf; and every complainant or
informant in any soch case shall be at liberty to conduct the com-
plaint or information respectively, and to have the witnesses ex-
amined and cross-examined, by counsel on his behalf.

14.-(1) If, at the time and place appointed in and by the sum-
mons aforesaid for hearing and determining the complaint or
information as aforesaid, the defendant against whom the same has
been made or laid does not appear when called, the constable or
officer who has served him with the summons in that behalf shall
then declare upon oath in what manner he served the summons,
and if it appears, to the satisfaction of the Magistrate, that he duly
served the summons, the Magistrate may, in any case where he is
empowered to make an order for the payment of money or other-
wise, proceed to hear and determine the case in the absence of the
defendant or the Magistrate, on the non-appearance of the de-
fendant as aforesaid, may issue his warrant in manner hereinbefore
directed, and shall adjourn the hearing of the complaint or inform-
ation until the defondant is apprehended; and when the defend-
ant is afterwards apprehended under the warrant, he shall be
brought before a Magistrate, who shall thereupon either by his
warrant commit the defendant to prison or to some other place of
security or, if he thinks fit, verbally to the custody of the police
officer who has apprehended him or to such other safe custody as he
may deem fit, and order the defendant to be brought up at a certain
time and place before a Magistrate, of which said order the com-
plainant or informant shall have due notice.
(2) If, at the time, and place so appointed, the defendant attends
voluntarily in obedience to the summons in that behalf served on
him or is brought before the Magistrate by virtue of any warrant,





then, if the complainant or informant, having had such notice as
aforesaid, does not appear by himself or his counsel, the Magistrate
shall dismiss the complaint or information, unless for some reason
he thinks, proper to adjourn the hearing of the same unto some other
day, on such terms as he may think fit, in which case he may
commit the defendant in the meantime to prison or some other
place of security or to such custody as the Magistrate may think fit,
or may discharge him on his entering into a recognizance, with or
without a surety or sureties, at the discretion of the Magistrate,
conditioned for his appearance at the time and place to which tbe
hearing is so adjourned.
(3) If the defendant does not afterwards appear at the time and
place mentioned in the recognizance, the Magistrate then present
shall certify on the back of the recognizance the non-appearance
of the defendant, and may declare the same to be forfeited in
manner hereinafter provided, and may also issue his warrant for the
apprehension of the defendant.
(4) If both parties appear, either personally or by their res-
pective counsel, before the Magistrate who is to hear and determine
the complaint or information, then the magistrate shall proceed to
hear and determine the same.

15.-M Where the defendant is Present at the hearing, the sub-
stance of the complaint or information shall be stated to him,and
he shall be asked if he has any cause to show why he should not
be convicted or why an order should not be made against him, as
the case may be, and if he thereupon admits the truth of the
complaint or information and shows no cause or no sufficient cause
why he should not be convicted or why an order should not be made
against him, as the ease may be, then the magistrate shall convict
him or make an order against him accordingly; but if he does not
admit the truth of the complaint or information as aforesaid, then
the Magistrate shall proceed to bear upon oath the complainant or
informant and such witnesses as may be produced in support of
the complaint or information, and also to hear the defendant and
such evidence as may be adduced in defence ; and also to hear and
examine such other witnesses as the complainant or informant
may examine in reply, if the defendant or his counsel has examined
any witnesses or given any evidence other than as to the de-
fendant's general character.





(2), The Magistrate, having heard what each party has to say,
and the witnesses and evidence so adduced, shall consider the whole
matter and determine the same , and shall convict or make an order
against the defendant or dismiss the complaint or information, as
the case may be.
(3) If the Magistrate convicts the defendant or makes an order
against him, a minute or memorandum thereof shall then be made,
(for which no fee shall be paid), and the conviction or order shall
afterwards be drawn up by the Magistrate in proper form under his
hand and seal, and he shall cause the same to be lodged with the
Magistrate's Clerk, who shall register the same as hereinafter pro-
vided.
(4) If the Magistrate dismisses the complaint or information, it
shall be lawful for him, if he thinks fit, on being required to do so,
to make an order of dismissal of (he complaint or information, and
he shall give the defendant in that behalf a certificate thereof,
which said certificate shall be a bar to any subsequent complaint or
information for the same matters respectively against the same
party.

16-(1) before or during the hearing of any complaint or
information as aforesaid,it shall be lawful for a magistrate in his
discretion to adjourn the hearing of the sanie to a certain time and
place to be then appointed and stated in the presence and hearing
of the party or parties, or their respective counsel, and in the mean-
time the Magistrate granting and making such adjournment may
suffer the defendant to go at large, or may commit him to prison or
some other place of sectirity or to such other safe custody as
the Magistrate may think fit, or may discharge, the defendant on his
entering into a recognizance, with or without a surety or sureties,
at the discretion of the magistrate, conditiooed for his appearance
at the time and place to which the hearing or further hearing
is adjourned : Provided always that in every case where a defendant
is discharged on recognizance, is aforesaid, and does not afterwards
appear at the time and place mentioned in the recognizance,
the magistrate then present shall certify on the back of the recog-
nizance the non-appearalice of the defendant, and may declare the
same to be forfeited in manner hereinafter provided, and may forth
with issue his warrant for the apprehension of the defendant
(2) If, at the time and place to whitch the hearing or further
hearing is so adjourned the complainant or informant does not





appear, either personally or by counsel, the Magistrate then present
may dismiss the complaint, or information, with or without costs, as
to the magistrate may seem fit; and if, at the time and place afore-
said, the defendant does not appear, either personally or by counsel,
the Magistrate, may issue his warrant for the apprehension of the
defendant, and may adjourn the proceedings for such time as
he may think requisite.

General Provisions.
17.-(1) If it is made to appear to a Magistrate, by the oath of
any credible person, that any parson within the Colony is likely to
give material evidence on behalf of the complainant or informant
or defendant, and will not, voluntarily appear for the purpose
of being examined as a witness at the time and place. appointed for
the hearing of the complaint or information as aforesaid, the Magis-
trate shall issue his summons to such person, under his hand and
seal, requiring hini to be and appear at time and place mentioned
in the summons before a Magistrate to testify what he knows
concerning the matter of the complaint or information.
(2) If any person so summoned refuses or neglects to appear at
the time and place appointed by the summons, and no just excuse is
offered for such refusal or neglect, then , after proof upon oath that
the summons was served on such person,either personally or
by leaving the same for him with some person at his last or most
usual place of abode, and that a reasonable sum (where, in the
opinion of the Magistrate, necessary) was paid or tendered to him
or his costs or expenses in that behalf, it shall be lawful for
the Magistrate before whom such person should have appeared to
issue a warrant, under his hand and seal, to bring and have such
person, at a time and place to be therein mentioned, before the
to testify as aforesaid.
(3) If the Magistrate is satisfied, by evidence upon oath, that it is
probable that such person will not attend to evidence without
being compelled to do so, then instead of issuing a summons,
it shall be lawful for him to issue his warrant in first Instance.
(4) If any person Laving come before any Magistrate
whether voluntarily ou in obedience, to a summons or having
been brought before him by warrant or otherwise shall refuse to be
sworn or having been sworn shall without just excuse refuse to an-





swer such questions as shall be put to him concerning the premises,
the Magistrate may, by warrant under his hand and seal, order him
to be imprisoned, without hard labour, for any time not exceeding 2
months unless he in the meantime shall consent to be sworn and to
answer concerning the premises, or he may impose upon such per-
son a fine not exceeding 20 dollars.

18.-(1) In every case of an information for any offence punish-
able on sumniary conviction any variance between the information
and the evidence adduced in support thereof as to the time at which
the offence or act is alleged to have been committed shall not
be deemed material, if it is proved that such information was in fact
laid within the time limited by law for laying the same; and any
variance between the information and the evidence adduced in sup-
port thereof as to the place in which the offence or act is alleged to
have been committed shall not be deemed material, provided that
the offence or act is proved to have been committed within the
jurisdiction of the Magistrate by whom the information is heard and
determined.
(2) If any such variance, or any variance in any other respect be-
tween the information and the evidence adduced in support thereof,
appears to the Magistrate present and acting at the hearing Ao
be such that the party charged by the information has been thereby,
deceived or misled, it shall be lawful for the Magistrate, on
such terms as he may think fit, to adjourn the hearing of the case to
some future day, and In the meantime to commit the defendant to
prison or some place of sceurity or to such other, custody as
the Magistrate may think fit, or to discharge him on his entering
into a recognizance, with or without a surety or sureties, at the dis-
cretion of the against rate, conditioned for his appearance at the,
time and place to which the hearing is so adjourned: Provided
always that in every case in which a defendant is so discharged on
recognizance as aforesaid, and does not afterwards appear at the
time and place mentioued therein the migistrate then present shall
certify on the, back thereof the non-appearance of the defendant, and
may declare the same to be forfeited in the manner hereinafter pro-
vided, and may also forthwith issue a warrant for the apprehension
of the defendant,

19.-(1) In any complaint or information or the proceedings
thereon in which it is necessary to state the ownership of any pro-







perty belonging to or in the possession of partners, joint tenants,
parceners, or tenants in common, it shall be sufficient to name one
of such persons and to state the property to belong to the person
so named and another or others, as the case may be; and whenever
in any complaint or information or the proceedings thereon it is
necessary to mention for any purpose whatsoever any partners,
joint tenants, parceners, or tenants in common, it shall be sufficient
to describe them in manner aforesaid.
(2) whenever in any complaint or information or the proceed-
ings thelreon it is necessary to state the ownership of any public
work or building maintained or repaired at the public expense or
any materials or tools provided for the repair of public highways,
roads, buildings, gates, bridges, lamps, boards, stones, posts,
fences, or other things erected or provided for stich highways, roads,
buildings, gates, bridges, lamps, boards,stones, posts, and fences,
or of any reservoirs, condnits, sewers, drains, or other public works
or property of whatsoever description, it shall he sufficient to des-
cribe such property as the property of the Crown.

20. In any case of a complaint upon which a Magistrate may
make an order for payment of money or otherwise, it shall not bo,
necessary that such complaint shall be in writing unless it is
required to be so by. the Ordinance or statute. upon which such com-
plaint is framed.

21. In any case of an offence other than an indictable offence
where no time is limited by any Ordinance or statute for making
any complaint or laying any information in respect of such offence,
such complaint shall be made or such information laid within
6 months from the time when the matter of such complaint or in-
formation respectively arose.

22. No objection shall be taken or allowed to any complaint, in-
formation, or summons for alleged defect therein in substance
or in form, or for any variance, between such complaint, in-
formation, or summons and the evidence adduced in support
thereof, and the adjudicating magistrate shall in all cases give
judgment upon the substantial merits and facts of the case as proved
before him, and convict the defendant of the offence of which he
may appear to have been guilty ; but if any such variance appears to





the Magistrate to be such that the party so summoned and appear-
ing has been thereby deceived or misled, it shall be lawful for the
Magistrate, on such terms as he may think fit, to adjourn the bear-
ing of the case to some future day.

23.-(1) In every case of a conviction where no particular form
of such conviction is given by the Ordinance or statute creating the
offence or regulating the prosecution for the same, and in every case
of a conviction upon any past Ordinance or statute, whether any
particular form of conviction is therein given or not, it shall be law-
ful for the Magistrate who so convicts to draw up his conviction in,
such one of the forms of convictions in the Ist schedule as may be
applicable to such case or to the like effect.
(2) Where an order is made, and no particular form of order is
given by the Ordinance or statute giving authority to make such
order, and in every case of an order to be made under the authority
of any past ordinance or statute, whether any particular form of
order is therein given or not, it shall be lawful for the Magistrate
by whom such order is to be made to draw up the same in such
one of the forms of orders in the said Ist schedule as may be applic-
able to such case or to the like effect.

24.-(1) In a proceeding before a Magistrate, Without prejudice
to any other mode of proof, service on a person of any summons,
notice, process, or document required or authorised to be served, and
the handwriting and seal of a Magistrate or other officer or person
on any warrant , summons, notice, process, or document, may be
proved by a solemn declaration taken before a Justice of the Peace;
and any declaration purporting to be so taken shall, until the con-
trary is shown, be sufficient proof of the statements contained
therein, and shall be received in evidence in any Court or legal
proceeding, without proof of the signature or official character of
the person or persons taking or signing the same.
(2) If any declaration made under this section is untrue in any
material particular ,the person wilfully making such false declar-
ation shall be guilly of wilful and corrupt perjury.

25.-(1) Every warrant to apprehend a defendant in order that
he may answer to any complaint or information shall be under the





hand and seal of the magistrate issuing the same and may be dir-
ected either to any constable by name or generally to all the con-
stables within the Colony.

(2) It shall state shortly the matter of the complaint or informa-
tion on which it is founded, and shall name or otherwise describe
as far as practicable the person against whom it has been issued,
and it shall order the person to whom it directed to apprehend
the defendant and to bring him before a Magistrate to answer to
the complaint or information, and to be further dealt with accord-
ing to law.

(3) It shall not he necessary to make the warrant returnable at
any particular time, but the same may remain in full force until it
is executed.
(4) The warrant may be executed by apprehending the defendant
at any place within the Colony or the waters thereof ;in every case
where the warrant is directed to all constables within the Colony,
it shall be lawful for any constable to execute the warrant in like
manner as if it were directed specially to such constable by name:
Provided always that no objection shall be taken or allowed to any
warrant to apprehend a defendant so issued on any such complaint
or information as aforesaid under or by virtue of this Ordinance for
any alleged defect therein in substance or in form, or for any
variance between it and the evidence addneed on the part of the
complainant or informant; but if any such variance appears to the
Magistrale at the hearing to be such that the party apprehended
has been thereby deceived or misled, if shall be lawful for the
Magistrate, on such terms as he may think fit, to adjourn the bear-
ing of the case to some future day, and in the meantime to commit
the defendant to prison or some place of security or to such other
custody as the Magistrate may think fit, or to discharge him on
his entering into a recognizance, with or without a surety or
sureties, at the discretion of the magistrate, conditioned for bis
appearance at the time and place to which the hearing is so
adjourned: Provided, also,that in every, case whcre a defendant is
discharged on recognizance as aforesaid, and does not afterwards
appear at the time and place mentioned therein the Magistrate then
present shall certify on the back thereof the non-appearance of the
defendant and may declare the same to be forfeited, and may also
forthwith issu. a warrant for the apprehension of the defendant.





26. Any warrant or summons issued by a Magistrate under this
or any other Ordinance or statute, shall not be avoided by reason
of the Magistrate who signed the same dying or ceasing to hold
office.

27. A person taken into custody for an offence without a warrant
shall be brought before a Magistrate as soon as practicable after he
is so taken into custody, and if it is not or will not be practicable
to bring hini before a Magistrate within 48 hours after he is so
taken into custody,a superintendent or Inspector of Police or other
officer in charge of any police station shall inquire into the case,
and, except where the offence appears to such Superintendent,
Inspector, or officer, to be of a serious nature, shall discharge the
prisoner, on his entering into a recognizance, with or without
sureties, for a reasonable amount, to appear before a Magistrate at
the day, time, and place mentioned therein.

28. The following provisions shall apply to proceedings before
Magistrates:-
(1) the description of any offence in the words of the Ordinance
or statute or any order, by-law, regulation, or other document creat-
ing the offence, or in similar words, shall be sufficient in law;
(2) any exception, exemption, proviso, excuse, or qualification,
whether it does or does not accompany in the same section the
description of the offence in the Ordinance or statute, order, by-law,
regulation, or other document creating the offence, may be proved
by the defendant, but need not be specified or negatived in the,
complaint or information, and if so specified or negatived no proof
in relation to the matter so specified or negatived shall be required
on the part of the complainant or informant;
(3) a warrant of commitment shall not be held void by reason of
any defect therein, if it is therein alleged that the offender has been
convicted or ordered to do or to abstain from doing any act or
thing required to be done or left undone, and there is a good and
valid conviction or order to sustain the same;
(4) a warrant of distress shall not be deemed void by reason only
of any defect therein, if it is therein alleged that a conviction or





order has been made, and there is a good and valid conviction or
order to sustain the same, and a person acting under a warrant of
distress shall not be deemed a trespasser ab initio by reason only of
any defect in the warrant or of any irregularity in the execution of
the warrant ; but this on enactment shall not prejudice the right of
any person to satisfaction for any special damage caused by any
defect in or irregularity in the execution of a warrant of distress;
(5) all goods forfeited by order of a Magistrate may be sold in
such manner as the Magistrate may direct.

29.-(1) In all proceedings under this Part the Magistrate at the
hearing shall take or cause to be taken in writing a full minute, so
far as circumstances permit, of the following matters : namely,--
(a) the nature of the complaint or information;
(b) the names of the complainant, informant, or prosecutor, and
of the defendant, and of the respective witnesses on either side
(c) the evidence or depositions of the witnesses;
(d) objections to the admissibility of evidence and whether the
same have been allowed or disallowed, and
(c) the fines, if any, paid into Court.
(2) The minute shall, immediately after the close of the case, be
handed to the Magistrate's clerk for safe custody.

30.-(1) The Magistrate's clerk shall keep a register of the
minutes or memoranda of all the convictions and orders of the
Magistrate and of such other proceedings as are directed by the
rules in the 2nd schedule to be registered, and shall keep the same
in the form 60 in the Ist schedule, and with the particulars pre-
scribed in the said rules or form.
(2)The register, and also any extract from the register certified
by the clerk keeping the same to be a true extract, shall be prima
facic evidence of the matters entered therein for the purpose of
informing a Magistrate, but nothing in this section shall dispense
with the legal proof of a previous conviction for an offence when
required to be proved against a person charged with another offence.
(3) The entries relating to each minute, memorandum, or pro-
ceeding shall contain the name of the Magistrate before whom the
conviction, order, or procceding referred to therein was made or
had.





(4) Every sum paid to the Magistrate's clerk in accordance with
this Ordinance, and the appropriation of such sum, shall be entered
and authenticated in tho manner directed by the rules in the said
2nd schedule.
(5). Every sach register shall be open for inspection, without fee
or reward, by a Magistrate, or by any person authorised in that
behalf by a Magistrate, or by the Governor or Colonial Secretary.

Special Provisions,
31. If, on the hearing of a charge for any offence punishable
on summary conviction the Magistrate thinks that, though
the charge is proved, the offence was in the particular case of so
triffing a nature that it is inexpedient to inflict any punishment,
or any other than a noiminal punishment,-
(1) he may, Without proceeding to conviction, dismiss the con-
plaint or,information, and may order the defendant to pay such
damages, not exceeding 10 dollars, and such costs of the proceed-
ing, or either of them, as he may think reasonable; or
(2) he may, on convicting the defendant, discharge him con-
ditionally on his giving security, with or without suretis, to apear
for sentence when called upon or to be of good behavior, and
cither without payment of damages and costs or subject to the
payment of such damages and costs, or either of them,as he may
think reasonable.

32. Where a defendant is fined a sun not exceeding 5 dollars
and the same is not forthvith paid, the Magistrate may order the
defendant to be searched, and if on being searched, he is found to
have on his person money equal to the amount of his fine, it shall
be lawful for the Magistrate, upon oath made to him of the fact
by any person who was present when the defendant was searched,
to order that so much or the money as may be, sufficient to satisfy
the fine be forfeited, and that the defendant be thereupon discharged
from custody.

33. Where in the case either of imprisonment or a fine there
is prescribed a requirement for the offerider to enter into his re-
cognizance and to find for keeping the peace and observing





some other condition, or to do any of such things, the Magistrate
may dispense with any such requirement or any part thereof.

34.-(1) Where a power is given by any future enactment to a
Magistrate of requiring any person to do or to abstain from doing
any act or thing, other than the payment of money, or of requiring
any act or thing to be done or left undone, other than the payment
of money, and no mode is prescribed of enforcing such requisition,
a Magistrate may exercise such power by an order and may annex
thereto any conditions as to time or mode of action which he may
think just, and may suspend or rescind any such order on such
undertaking being given or condition being performed as he may
think just, and generally may make such arrangements for carrying
into effect such power as to him may seem meet.
(2) A person making default in complying with any such order
shall be punished in the prescribed manner, or, if no punishment
is prescribed, may be ordered to pay a sum not exceeding 5 dollars
for every day during which he is in default, or to be imprisoned,
without hard labour, until he has remedled his default : Provided
that a person shall not, for non-compliance with the requisition of a
Magistrate, whether made by one or more orders, to do or to abstain
from doing any act or thing, be liable under this section to im-
prisonment for a period or periods amounting in the aggregate to
more tban 3 months, or to the payment of any sums exceeding in
the aggregate 100 dollars.

35.-(1) The Magistrate by whose conviction or order any sum
is adjudged to be paid may do all or any of the following things;
namely,-
(a) allow time for the payment of the sum;
(b) direct payment to be made of the sum by installments ; and
(c) direct that the person liable to pay the sum shall be at liberty
to give, to the satisfaction of a Magistrate or such person as may
be specified by the Magistrate adjudging the money to be paid,
security, with or without a surety or snreties, for the payment of
the sum or of any instalment thereof, and such security may be
given and enforced in manner provided by this Ordinance.
(2) Where a sum is directed to be paid by instahnents and de-
fault is made in the payment of any one instalment, the same





proceedings may be taken as if default had been made in payment
of all the instalments then remaining unpaid.
(3) A Magistrate directing the payment of a sum or of an instal.
ment of a sum may direct such payment to be made at such time
and in such place and to such person as may be specified by the
Magistrate, and every person, not being the Magistrate's clerk, to
whom any such sum or instalment is paid shall as soon as may be
account for and pay over the same to such clerk.

36. Where any property has been taken from a person charged
before a Magistrate with an offence punishable either on indictment
or on sumnary conviction, a report shall be made by the police on
the charge sheet to the magistrate of the fact of such property
having been taken irom the accused or defendant and of the parti-
culars thereof, and the magistrate, may, if he is of opinion that the
property or any portion thereof can be returned consistently with
the interests of justice and with the safe custody of the accused or de-
fendant, direct such property or any portion thereof to be returned
to the accused or defendant or such other person as he may direct.

37. Every person who aids, abets, counsels, or procures the com-
mission of any offence punishable by a Magistrate on summary
conviction shall be liable to be proceeded against and convicted for
the same, either together with the principal offender or before or
after his conviction, and shall be liable, to the same punishment and
penalties as such principal may by law be liable.

38. A Magistrate shall not by cumulative sentences of imprison-
ment (other than for default of finding sureties) to take effect in
succession in respect of several assaults committed on the same
occasion, impose, on any person imprisonment for the whole exceed-,
ing 6 months, but nothing in this section shall be deemed to affect
the provisions contained in section.82.

Distress and committal warrants.
39. Where a conviction adjudges a fine to be paid or where an
order requires the payment of a sum of money and by the enact-
ment authorising such conviction or order such fine or sum of
money is to be levied on the goods and chattels of the defendant
by distress and sale thereof, and also in cases where by the enact-





ment in that behalf no mode of raising or levying such fine or sum
of money or of enforcing the payment of the same is stated or
provided, it shall be lawfLil for a Magistrate to issue his warrant
of distress for the purpose of Ievying the same, which shall be in
writing under his hand and seal : Provided always that whenever
it appears to the Magistrate to whom application is made for any
such warrant that the issuing thereof would be ruinous to the
defendant and his family, or whenever it appears to the Magistrate
by the confession of the defendant or othenvise, that he has no
goods or chattels whereon to levy tbe, distress or whenever in the
opinion of the Magistrate it is inexpedient to issue such warrant,
then and in every such case it shall be lawful for the Magistrate,
instead of issuing, the warrant of distress, to commit the defendant
to prison, with or without hard labour, for such time, and in such
manner as by law the defendant might be so committed in case
such warrant had issued and no goods or chattels could be found
whereon to levy such fine or sum and costs aforesaid.

40. Where a Magistrate issues any such warrant of distress it
shall be lawful for him to suffer the defendant to go at large, or, by
a written warrant in that behalf or verbally, to order the defendant
to be kept and detained in safe custody until return is made to the
warrant, unless the defendant gives sufficient security, by recogniz-
ance or otherwise, to the satisfaction of the Magistrate, for his
appearance before, a Magistrate at the time and place appointed
for the return of the warrant: Provided always that in any cage,
where a defendant gives security by recognizance as aforesaid, and
does not afterwards appear at the time and place mentioned therein,
the Magistrate then present may forthwith declare the same to be
estreated in manner hereinafter provided.

41. If, at the time and place appointed for the return of any
such warrant of distress, the constable or other officer who has
had the execution of the same returns that he, could find no goods
or chattels or no sufficient goods or chattels whereon he could levy
the sum or sums therein mentioned, together with the costs of or
occasioned by the levying or the, it shall be lawful for the
Magistrate before whom the same is returned to issue his warrant
of commitment under his hand and seal, directed to the name or
any other constable or other officer,reciting the conviction or order





shortly, the issuing of the warrant of distress, and the return
thereto, and requiring such constable or other officer to convey the
defendant to prison, and there to deliver him to the Superintendent
thereof, and requiring such Superintendent to receive the defendant
and to imprison him, or to imprison him and keep him to hard
labour, in such manner and for such time as the enactment on
which the conviction or order mentioned in the warrant of distress
is founded directs, unless the sum or sums adjudged to be paid,
and all costs and charges of the distress, (the amount thereof being
ascertained and stated in the commitment), shall be sooner paid.

42. Whenever it is returned to a warrant of distress issued for
the recovery of a fine or sum of money ordered to be paid under
a conviction or order that no sufficient goods of the party against
whom such warrant has been issued cun be found, and by the
enactment under the provisions of which such conviction or order
was made no further remedy or punishment is provided for the
non-payment of such fine or surn of money, it shall nevertheless be
lawful for a magistrate, if he thinks fit, by his warrant as aforesaid,
to commit the defendant to prison, with or without hard labour,
for such period as may be in accordance with the scale provided by
section 57, unless the fine or sum adjudged to be paid, and all costs
and charges of the distress, (the amount thereof being ascertained
and stated in the commitment), shall be sooner paid.

43. Wbere the enactment by virtue of which a conviction
for a find or an order for the payment of money is made
makes no provision or such fme or sum being levied by distress,
but directs that if the same be not paid forthwith or within a certain
time therein mentioned or to be mentioned in the conviction or
order, the defendant shall be imprisoned, or imprisoned and kept
to hard labour, for a certain time, unless such fine or sum shall be
sooner paid, in every Such case such fine or sum shall not be levied
by distress, but if the delendant does not pay the same, together
with costs, if awarded, forthwith, or at the time specified in the
conviction or order for the payment of the same, it shall be lawful
for a Magistrate to issue his warrant of commitment under his
hand and seal, requiring tbe constable to whom the same is directed
to take and convey the defendant to prison and there to deliver him
to the Superintendent thereof, and requiring such Superintendent
to receive the defendant and to imprison him, or to imprison him
and keep him to hard labour, as the case may be, for such time as
the enactment on which the conviction or order is founded as aforesaid
directs, unless the fine or sum adjudged to be paid shall be
sooner paid.

44.-(1) Where a conviction does not order the payment of any
fine but that the defendant be imprisoned, or imprisoned and kept
to hard labour, or where an order is not for the payment of money
but for the doing of some other act, and directs that, in case of the
defendant's refusal or neglect to do such act, he shall be imprisoned
or imprisoned and kept to hard labour, and the defendant refuses or
neglects to do such act, in every such case it shall be lawful for a Magistrate
to issue his warrant of commitment under his hand and seal,
requiring the constable to whom the same is directed to take and
convey the defendant to prison and there to deliver him to the
Superintendent thereof,and requiring such Superintendent to
receive the defendant and to imprison him,or to imprison him and
keep him to hard labour,as the case may be,for such time as the
Ordinance or statute on which the conviction or order is found as
aforesaid directs.
(2)In any such case,where by the conviction or order any sum
for costs is adjudged to be paid by the defendant to the complainant
or informant,such sum may,if the Magistrate thinks fit,be levied by
warrant of distress in manner aforesaid,and,in default of distress,
the defendant may be also committed to prison there to be kept for
any time not exceeding one month,with or without hard labour,
to commence at the termination of the imprisonment which he is
then undergoing,unless such sum for costs and all costs and charges
of the distress shall be sooner paid.
45.Where a Magistrate,on any complaint or information as
aforesaid,adjudges the defendant to be imprisoned,and the
defendant is then in prison undergoing imprisonment on a con-
viction for any other offence,the warrant of commitment for such
subsequent offence shall in every such case be forthwith delivered
to the gaoler to whom the same is directed;and it shall be lawful
for the Magistrate issuing the same to award and order therein and
thereby that the imprisonment for such subsequent offence shall





.





commence at the expiration of the imprisonment to which the
defendant has been previously adjudged or sentenced.


46. In any case where any person against whom a warrant
of distress issues as aforesaid pays or tenders to the constable or
other officer having the execution of the same the sum mentioned
in the warrant, together with the amount of the expenses of the
distress up to the time of such payment or tender, he shall
cease to execute the same; and in any case where any person is im-
prisoned as aforesaid for non-payment of any fine or other sum, he
may pay or cause to be paid to the Superintendent of the prison the
summentioned in the the Warrant of commitment together with the
amount of the costs therein mentioned, and the Superintendent
shall receive the same, and shall thereupon discharge such person,
if he is in his custody for no other matter.

47. The following provisions shall apply with respect to warrants
of distress issued by a Magistrate under this Ordinance :-
(1) a warrant of distress shall be executed by or under the
direction of a constable or other officer;
(2) save in so far as the person against whom the distress
is levied otherwise, consents, the distress shall be sold by public
auction, and 5 clear days at the least shall intervene between the
making of the distress and the sale, unless the goods distrained are
perishable, and when consent is so given as aforesaid the sale may
be made in accordance with such consent;
(3) subject as aforesaid, the distress shall be sold within the
period fixed by the warrant, and if no period is so fixed,, then
within the period of 14 days from the date of the making of
the distress, unless the sum for which the warrant was issued, and
also the charges of taking and keeping the distress , are sooner paid;
(4) subject to any directions to the contrary given by the warrant
of distress, when the distress is levied on household goods, the
goods shall not, except with the consent in writing of the person
against whom the distress is levied, be removed from ' the house until
the day of sale, but so much of the goods shall be impounded as are,
in the opinion of the person executing the warrant, sufficient to

As ainended Ly No. 550 of 1911, No. 1 of 1912 and No. 2 of 1912.
As arnended by No. 2 of 1912.By No. 8 of 1912 the pi.o~,isioils
of parl, of No. '28 oF 1910 fo 11avo beell as
(9) of Giki~.but Llic lash natried Ordinance
was repealed by No. 42 of 1912 before No. 8 of 1912 carne
into foree,





satisfy the distress by affixing to the articles impounded a con-
spicious mark; and any person removing any goods so marked or
defacing or removing the said mark shall, on summary conviction,
be liable to a fine not exceeding 2.5 dollars;
(5) where a person charged with the execution of a warrant of
distress wilfully retains from the produce of any goods sold to
satisfy the distress or otherwise exacts any greater costs and charges
than. those to which he is for the time being entitled by law
or makes any improper charge, he shall on summary conviction, be
liable to a fine not exceeding 25 dollars;
(6) a written account of the costs and charges incurred in respect
Of the execution of any warrant of distress shall be sent by the con-
stable or other officer charged with the execution of the warrant as
soon as practicable to the Magistrate's clerk; and it shall be lawful
for the person on whose goods the distress was levied, within one
month after the levy of the distress, to inspect such account without
fee or reward, at any reasonable time to be appointed by a Magis-
trate, and to take a copy of such account;
(7) a constable or other officer charged with the execution of a
warrant of distress shall cause the, distress to be sold, and
may deduct out of the amount realised by the sale all costs
and charges actually incurred in efFecting the sale, and shall render
to. the owner the surplus, if any, after retaining the amount
for which the warrant was issued and the proper costs and charges
of the execution of the warrant; and
(8) where a person pays or tenders to the constable or other
officer charged with the execution of a warrant of distress the sum
mentioned in the warrant or produces the receipt for the same of
the Magistrate's clerk, and also pays the amount of the costs and
charges of thedistress up to the time of such payment or tender,
the constable or other officer shall not execute the warrant.

48.-(1) A Magistrate to whom application is made either to issue
a warrant of distress for any sum adjudged to be paid by a convic-
tion or order, or to issue a warrant for conimitting a person
to prison for non-payment of a sum of money adjudged to be paid
by a conviction or, in the case of a sum not a eivil debt, by ,in order,
or for default of sufficient distress to satisfy any such sum, may, if
he deems it expedient to do so, postpone the of such warrant
until such time and on such conditions, if any, as to him may seem
just.





(2) The wearing apparel, and bedding of a person and his family,
and, to the value of 25 dollars, the tools and implements of his
trade, shall not be Laken under a distress issued by a Magistrate.

(3) Where, on application made to a Magistrate to issue a warrant
for committing a person to prison for non-paynient of a sum
adjudged to be paid by a conviction or, in the case of a sum not a
Civil debt, by an order, or for default of sufficient distress to satisfy
any such sum, it appears to the Magistrate to whom the application
is made that, either by payment of part of the said sum, whether
in the shape of instalments or otherwise, or by the net proceeds of the
distress, the amount of the sum so adjudged has been reduced to
such an extent that the unsatisfied balance, if. it had constituted the
original amount adjudged to bc paid by the conviction or order,
would have subjected the defendant to a maximum term of
imprisonment less than the term of imprisonment to which he
Is liable under such conviction or order, the Magsistrate shall, by
his warrant of commitment, revoke the term of imprisonment, and
order the defendant to be imprisoned for a term not exceeding such
less maximum term instead of the term originally mentioned in the
conviction or order.

Recognizances, etc,
In every casc punishable on summary conviction the
Magistrate may, if lie so thinks proper and whether the defendant
is convicted or not, order the defendant to enter into a recognizance,-
with two sufficient sureties, for his good behaviour and in such sum
and for such term as the Magistnate may think fit, so that such sum
does not exceed 200 dollars and such term does not exceed 12
months.

(2) The Magistrate, may order the defendant, in default of com-
pliance with such last-mentioned order, to be imprisoned, without
hard labour, for any term not exceeding 6 months,

50.-M The power of a Migistrate, on complaint of any person,
to adjudge a person to enter into a recognizance and find sureties
to keep the peace or to be of good 'behaviour towards such first-men-
tioned person shall be exercised by an order upon complaint, and
the provisions of this Ordinance shall apply accordingly, and the

As ainended loy No. 1 of 1909 and No. 80 of 1011.
As arnended by No. 80 of 1911.





complainant, and defendant and witnesses may be called and
examined and cross-examined , and the complainant and defendant
shall be subject to costs, as in the case of any other complaint.
(2) The Magistrate may order the defendant, in default oil com-
pliance with such last-mentioned order, to be imprisoned, without
hard labour for any term not exceeding 6 months.
51. Where a person has been committed to prison by a Magistrate
for default in finding sureties, a Magistrate may, on application
made to him in manner directed by the rules in the 2.nd schedule
by such person or by some one acting on his behalf, inquire. into the
case of the person so committed, and if on new evidence produced
to the Magistrate or proof of a change.of circumstances, the Magis-
trate thinks having regard to all the circumstances of the case,
that it is just to do so,.lie may reduce the aniount for which it is
proposed the sureties or surety should be bound, or dispense with
the sureties or surety, or otherwise deal with the case as he may
think just,

52. When a Magistrate has fixed as respects any recognizance,
the amount in which the principal and the Sureties, if any, are to be
bound, the recognizance, notwithstanding anything in this or any
past enactment, need not be entered into before such Magistrated,
but may, subject to the rules in the 2nd schedule, be entered into
by the parties before another Magistrate, or befor. the Magistrate's
clerk, or before a'Superintendent or Inspector of Police or, where
any of the parties is in prison, before the Superintendent thereof ;
and thereupon all the consequences of shall ensue and the pro-
visions of this Ordinance with respect to recognizances taken
before a Magistrate shall apply as if the recognizance had been en-
tered into before a Magistrate as heretofore by law required.

53.-(1) A person shall give security under this Part, whether
as principal or surety, either by the deposit of money with the Ma-
gislrale's clerk or by an oral or written acknowlegment of the un-
dertaking or condition by which and of the sum for which he is
bound, and evidence of such security may be provided by the entry
thereof in the register of the proceedings of the Magistrates.
(2) Any sum which may become due in pursuance of a security
under this Part fron, a shall be recoerable summarily
As amended by No. 50 of 1911.
As amended by 1No. 50 of 1911, No. 1 of 11312 and No. 22 of 1912,
AF, amunded by No. n of 1911 and No. 1 of 1912.





in manner directed by this Ordinance with respect to a civil debt
on complaint by a constable, or by the Majistrate's clerk, or by
some other person authorised for the purpose by a Magistrate,
(3) A Magistrate may enforce payment of any sum due by a prin-
cipal in Pursuance of a security under this Part which appears to
him to be forfeited, in like as if that sum were adjudged
to be paid as a fine, if the security was given for a sum adjudged by
conviction, and in any other case In the manner as if it were a
sum adjudged to be paid is a civil debt : Priovided that, before a
warrant of distress for the sum is issued notice of the forfeiture shall
be served oil the said principal, in manner prescribed by the rules
in the 2nd schedule.
(4) Any sum paid by a surety on behalf of his principal in res-
pect of a security under this Part, together with all costs, charges,
and expenses incurred by such surety In respect of that security,
shall be deemed a civil debt due to him from the principal, and may
be recovered before a Magistrate in manner directed by this Ordin-
ance with respect to the recovery of a civil debt which is recoverable
summarily.
(5) Where security is given under this Part for payment of a
sum of money, the payment of such sum shall be enforced by
means of such security in substitution for otlier means of enforcing
such payment.

54-M Where a recongnizance is coditioned for the appearance
of a person before a Magistrate or for his doing some other matter
or thing to be done bofore, or by order of Migistrate or in
a proceeding before a Maistrate, such Magistrate, if the recogniz
ance. appears to him to be forfeited, may declare the recognizance
to be, forfeited and enforce payment of the sum due under it in the
same manner as if the sum were a fine adjudged by a Magistrate
to be paid and the amount of the same were ascertained by
a conviction:Provioded that, at any time before the sale of goods
under a warrant of distress for the said sum, a Magistrate may cancel
or mitigate the forfeiture on the person liable applying and giving
security, to the satisfaction of the Magistrate, for the future per-
formance of the condition of the recongnizance, and paying,or giving
security for payment of the costs incurred in respect of the forfeiture,
or on such other conditions as 'the Magistrate may think just.
(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 per-
son 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 bound.
(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 Magistrate's clerk, and shall be paid and applied
by him in the manner in which fines.imposed by such Magistrate, in
respect of which fines no special appropriation is made, are payable,
and applicable.
Civil Debts.
55. 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.

56(1) Any sum of money recoverable summarily as a civil
debt within the meaning of this or any future Ordinance, or
in respect of the recovery of which jurisdiction is given by
such Ordinance to a Magistrate, shall be, decined 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:-
(1) a, warrant shall not be issued for apprehending any person for
failing to appear to answer any such complaint ; and
(2) an order made by aMajistrate for the. payment, of any such
civil debt as aforesaid or of any instalment thereof or for the pay
ment 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 irnprisonment,
unless it is proved, to the satisfaction of a Magistrate, that
the person making default in payment of such Civil debt, instal
inent, or costs either has, or has had since the date of the order, the
means to pay the surn in respect of which lie, has rnade default and
has refused or neglected or refinses or neglects to pay the same, and
in any such case the shall have power to imprison the

defendant for any period not exceeding 3 weeks, unless the same
shall be sooner paid.





(2) Proof of the means of the person making default may
be given in such manner as the Magistrate to whom application is
made for commitment to prison may think just.

Scale of imprisoinment for non-payment of money, etc.
57. Unless in any enactment it is otherwise provided, the period
of imprisonment, with or without hard labour, which may be impos-
ed by a Magistrate exercising summary jurisdiction, in respect of the
non-payment of any sum of money adjudged to be paid by a convic-
tion, whether it be a fine or in respect of the property the subject of
the offence, or in respect of the injury done by the offender, or in
respect of the default of a sufficient distress to satisfy any such sum,
shall be such period is in the opinion of the Magistrate, will satisfy
the justice of the case, but shall not exceed in any case the
maximum fixed by the following scale:-
Where the amount- the period of imprisonment
shall not exceed--

does not exceed $1- - - - - - - - - - - - - - - - 7 days,
exceeds $ 1 but does not exceed $5- - - - - - - 14 ,,
,, $ 5 ,, $10- - - - - - - 1 month,
,, $ 10 ,, $50- - - - - - - 2 months,
,, $ 50 ,, $150- - - - - - - 3 ,,
,, $150- - - - - - - - - - - - - - - - - - - 6 ,,


Where the fine or other sum adjuged to be paid is imposed by a
sentence in addition to a term of imprisonment, the imprisonment
imposed under this section or any other enactment shall commence
from the expiration of the term of imprisonment imposed by the
sentence.
This section shall apply to fines imposed by a Stipendiary Magis-
trate under the Merchant Shipping Ordinance, 1899.

Costs.
58.-(1) In every case of summary conviction or of an order
made by aexcept, as provideld in section 60, it shall be
lawful for themaking the same to award and order in
and 1by the conviction or order that the defendant shall pay to the
complainant or inforinant respectively such costs as to him inay
seem just and reasonable in that beha[-', but not in any case ex-







ceeding 5 dollars; and in any case where the, Magistrate, instead
of convicting or making an order as aforesaid, dismisses the
complaint or information, it shall be lawful for him, in and by his
order of dismissal, to award and order that the complainant or
informant respectively shall pay to the defendant such costs as to
him may seem just and reasonable, but not in any case exceeding
5 dollars.

(2) The sum so allowed for costs shall in every case be specified
in the conviction or order or order of dismissal as aforesaid, and the
same shall be recoverable in the same manner and under the same
warrants as a fine or a sum of money adjudged to be paid in
and by such conviction or order is to be recoverable, and in any case
where thereis no such fine or sum to be thoreby recovered, then
such costs shall be recoverable by distress and sale of the goods and
chattels of the party or by imprisonment for any term not exceed-
ing 14 days; unless such costs shall be sooner paid.

59. Where a complaint or information is dismissed with costs,
the sum awarded for costs in the order for disimssal may be levied by
distress on the goods and chattels of the complainant or informant,
and, in default of distress or payment, the complainant or inform-
ant may be, committed to prison, without hard labour, for any then
not exceeding 14 days, unless such sum, and all costs and charges of
the distress, (the amount thereof being ascertained and stated in
the commitment), shall be sooner pald.

Where a fine adjudged by a conviction by a Magistrate
to be paid does not exceed 2 dollars, except so far as the Ma-
gistrate may think fit to expressly order otherwise an order shall
not be made for payment by the defendant to the complainant or
informant of any costs : and the Magistrate shall, except so far as
he think fit to expressly order otherwise directed all fees payable or
paid by the complainant or informant to bc remitted or repaid to
him.
(2) The Magistrate may also order the fine or any part thereof to
be paid to the complainant or informant in or towards the payment
of his costs.
0

Is. 61, rep. No. 43 of 1-912.]

* As amended by No. 2 of 1912.





PART III.
INDICTABLE OFFENCES.
62.-(1) In every case where a charge or complaint is -made to
a Magistrate that any person has committed or is suspected to have
committed any treason, felony, or indictable misdemeanor or other
indictable offence. over which the Magistrate has jurisdiction, then,
if the accused is not then in custody, it shall be lawful for
the Magistrate to issue his warrant to apprehend the accused and
to cause him to be brought before a Magistrate to answer to the
charge or complaint, and to be further dealt with according to law:
but in any case it shall be lawful for the Maaistrate to whom the
charge or complaint is preferred if he so thinks fit, instead
of issuing his warrant in the first instance to apprehend the accused,
to issue his summon,is directed to the accused requiring him
to appear before at a time and place to be therein
mentioned : and if, after being served with the summons in manner
hereinafter mentioned, lie fails to appear at such time and place
in obedience to such summons, then and in every such case any
Magistrate may issue his warrant, to apprehend the accused and
cause him to be brought before a Magistrate to answer to the charge
or complaint,, and to be further dealt with according to law.
(2) Nothing in this section shall prevent a Magistrate 'from
issuing the warrant hereinbefore first mentioned at any time before
or after the time mentioned in the summon, for the appearance of
the accused.

63. In every case, of felony or misdemeanor committed on the
high seas, or in foreign parts, or in any creek, harbour, haven, or
other place within the Jurisdiction of the Admiralty for-which an.
indictment may be preferred by the Attorney General, it. shall be
lawful for any Magistrate, if the accused resides or is supposed to
reside or be within the Colony or the waters thereof, to issue his
warrant to apprehend the accused and to cause him to be brought
before a Magistrate to answer to the charge, and to be further dealt
with according to law.

64--(4) Where an indictment is filled by the Attorney General
against any person who is then at large,and whether such person
has been bound by recognizance to appear to answer to the same
or not, the Registrar, oil the application of the prosecutor or of any
person on his behalf (if the person against whom the indictment





has been filed has not already appeared and pleaded to the indict-
ment) , shall grant to him a certificate of such indictment having
been filed.
(2) On the production of such certificatc, to a Magidtrate, it shall
be, lawful for him, and he is hereby required, to issae his warrant to
apprehend the accused and to cause him to be brought before him
to be dealt with according to law; and if such person
is apprehended and brought before a Magistrate, the Magistrate,
on its being proved upon oath before him that the person so
apprehended is the same person who is charged and named in the
indictment, shall, without further inquiry or examination, commit
him for trial or admit him to bail in manner hereinafter mentioned.
(3) If the person against whom an indictment is so filed by the
Attorney Clencral as aforesLid is confined in prison for any other
offence than that.charged in the indietnient at the time of such
application and production of the said certificate. to a Magistrate, it
shall be lawful for the Magistrate, and be is hereby required, on its
being proved before him upon oath that the accused and the person
so confined in prison are the same person, to issue his warrant
directed to the Superintendent of the prison commanding him to
detain the accused in his custody until by a writ of habeas corpus
he shall be, removed therefrom for the purpose of being tried upon
the indictinent, or until lie, shall otherwise be removed therefrom or
discharged out of his custody by due course of law.

65.In every case where a charge or complaint for any indictable
offence is made before a Magistrate, if it is intended to issue a war-
rant in the first instance against the accused, an informnation and
complaint thereof in writing upon the oath of the informant or of
some witness in that behalf shall be laid before the Magistrate:
Provided always. that in every case where it is intended to issue a
summons instead. of a warrant in the first instance, it shall not be
necessary that such information and complaint, shall be in writing
or be sworn to in manner aforesaid, but in every such case such in-
formation and complaint may be by parol merely and without any
oath whatever to support or substantiate the sarne: Provided, also,
that no objection shall be taken or allowed to any information or
complaint for any alleged defect therein in substance or in form
or for any variance between it and the evidence adduced on the

* As amended by No. 50 of 1911,





part of the prosecution before the Magistrate who takes the ex-
mination of the witnesses in that behaIf as hereinafter mentioned.

66. The provisions with reference, to summomnes contained in
Part 11 in relation to offences punishable on summary conviction
shall apply equally, mutatis mutandis, to summonses under this
Part.

67. The Provisions with reference to the form, of warrants, the
directions to be contained therein, and the execution thereof con-
tained in Part II in relation to offences punishable on summary
conviction shall apply equally mutatis mutandis, to warrants under
this Part.

68. A warrant to apprehend any person charged with an indict-
able offence and a search warrant in respect of any similar offence
may be granted, issue, and executed on Sunday or any may
declared by law to be a dies non as well as any other day, and at
any hour by day or night.

69.-(1) If it is made to appear to a Majistrate, by the oath of
any credible witness, that any person is likely to give material
evidence on the part of the prosecution and will not voluntarily
appear at the time and place appointed for the examination of the
witnesses against the, accused, the Magistrate may enforce the at-
tendance of such witness in the manner provided in Part II for the
enforcing the attendance of a witness under the summary juris-
diction of such Magistrate.
(2) If on the appearance of such witness, he refuses to be ex-
amined upon oath concerning the matter of the information or
complaint, or refuses to take such oath, or, having taken such oath,
refuses to answer such questions concerning the premisses as may
then be put to him, the Magistrate may by warrant under his hand
and seal, commit such person to prison there to remain and
be imprisoned for any term not exceeditig 12 months, unless he shall
in the meantinle consent to be examined and to answer concerning
the premises.

70.-(1) If, on the hearing of an information or charge for an
indictable offence, from the absence of witnesses or from any other
reasonable cause, it beconies necessary or advisable to defer the ex-

As amended by NQ, 1 of 1012.





amination or further examination of the witnesses for any time, it
shall be lawful for the Majistrate before the accused appears
or is brought up by his warrant from time to time to remand the
used for such time as by the Magistrate, in his discretion, may
be deemed reasonable, not exceeding 8 clear days, to prison or some.
place of security ; or, if the remand is for a time not exceeding 3
clear days, it shall be lawful for the Magistrate verbally.to order the
constable, or other person in whose custody the accused may then
be, or any other constable or person to be nairied by the -i~la('istrate
in that behalf, to continue and keep the accused in his custody and
to bring him before the same Magistrate at the time appointed for
continuing the examination : Provided always that the Magistrate
may order the accused to be brought before himself or another Ma-
gistrate at any time before the expiration of the time for which the
accused is so remanded, and the gaoler or officer in whose custody
lie then is shall duly obey such order: Provided, also, that, instead
of detaining the accused in custody during the period for which he
is so remanded, a Majistrate before whom the accused so appears
or is brought as aforesaid may discharge him, on his entering into
a recognizance with or without a surety or sureties, at the discre-
tion of the Magistrate, conditioned for his at the time
and place appointed for the continuance of the examination.
(2) If the accused does not afterwards appear at the, time and
place mentioned in the recognizance, the Majistrate then present
may on certifying the non-appearance of the accused on the re-
cognizance, declare the same forfeited, and proceed to enforce the
same in the manner hereinbefore provided for enforcing recogniz-
ances in the cases of offences punishable on summary conviction
and may forthwith issue his warrant for the apprehension of the
accused.

71. The room or building in which a Magistrate hears an infor-
mation or charge for an indictable offence shall not be deemed an
open Court for that purpose ; and it shall be, lawful for the
Magistrate hearing the case, in his discretion, to order that no
person shall have access to or be or remain in such room or building
without, the consent. or permission of the Magistrale, if it appears
to him that the ends of justice will be best answered by so doing.

72-(1) On the hearing of an information or charge for an
indictable offence where the accused is present at the hearing, the

* As amended by No. 8 of 1912.





Magistrate shall, before committing the accused to prison for trial
or before admitting him to bail to take his trial, in the presence of
the accused proceed to take evidence for and on behalf of the
prosecutor and his witnesses in the same manner as is hereinbefore
provided for the taking of the evidence, of the complainant or infor-
inant and his willnesses oil a complaint or information for all offence
punishable on summary conviction.
(2) The accused or his counsel shall be at liberty to put questions
to any witnesses produced against him and further the depositions
or evidence of the prosecutor and his witnesses shall, in the presence
of the accused, be read over to and signed respectively by the
witnesses who have been so examined, and shall also be signed by
the Magistrate taking the same.

73.-(1) After the examination of all the witnesses on the part
of the prosecution has been completed the Magistrate hearing the
case shall, it desired by the accused, without requiring the attend-
ance of the witnesses, read or cause to be read to the accused, or
when necessary, cause to be interpreted, the depositions takeing
against him, and shall say to him these words or words to
the like effect or cause the same to be interpreted to him
Having heard the evidence, do you wish to say anything in,
'answer to the charge ? You are not obliged to say anything unless
'you desire to do so, but whatever you say will be taken down in
writing and may be given in evidence aganist you upon your
trial.
(2) Whatever the accused then says in answer thereto shall be
taken down in writilig and read over to him, and shall be signed by
The Magistrate and kept with the depositions of the witnesses, and
shall be transmitted with thein as hereinafter mentioned: Provided
always that the Magistrate, before the accused makes any
ment shall state or cause to be interpreted to him and give him or
cause him clearly to understand that lie, has nothing to hope from
any promise of favour and nothing to fear from any threat which
may have been holden out to him to induce him to make any
admission or confession of his guilt, but that whatever lie shall then
say may be given in evidence against him on his trial notwithstand-
ing such promise or threat.
(3) Any statement which purports to have been taken down and
signed as provided in subsection (2) shall be admissible in evidence

* As americled by No. 8 of 1912.





against the accused in any Court if it is produced out of the proper
custody without further proof of the matters above mentioned,
unless it is proved that such statement was not duly taken down
or was not in fact signed by the Magistnite or officer aforesaid pur-
porting to sign the same.

(4) Provided, nevertheless, that nothing herein contained shall
prevent the prosecutor in any case from giving in evidence any
admission or confession or other statement of the accused made at
any time which by law would be admissible is evidence against him.

74. If the accused makes any such statement or is unwilling to do
so, the Magistrate hearing the ease shall then demand and require
of the accused or his counsel whether lie desires to call any witness
or evidence, and if he so calls or desires to call any witness
or evidence, the Magistrate shall, in the presence of the accused
take. such, evidence upon oath, both examination and cross-examin-
ation, of the witnesses who may bc called by the accused or
his counsel and who know anything relating to the facts or circum_
stance of the case or anything tending to prove the innocence of the
accused, and shall put the same into writing and the depositions
of such witnesses shall be read over to and signed respectively by the
witnesses so examined and shall also be signed by the Magistrate
taking the same.

75.-(1) On the hearing of an indictable offence as aforesaid, it
shall be lawful for the Magistrate. to bind by recognizance the
prosecutor and his witnesses or any of them to appear at the
Criminal Session of the Court at which the accused is to be tried
then and there to prosecute, or to prosecute and give evidence, or
to give evidence alone, as the case may be, against the accused; and
the recognizance shall particularly specify the profession, art, or
trade of every such person entering into or acknowledging the same,
together with his Christian or other name and surname.
(2) Such witnesses for the accused as may be called and
examined as aforesaid, not being witnesses as to the character of
the accused merely, who, in the opinion of the Magistrate, give
evidence in any way material to the case, or lending to prove the
innocence of the accused shall be bound by recognizance to appear

As amended by No. 50 of 1911.
As amended by No. 7 01 1910,





and give evidence at the Criminal Session of the Court at which the
accused is to be tried in the same manner as the prosecutor and his
witnesses.
(3) The said recognizance, being duly acknowledged by the
person entering into the same, shall be subscribed by the Magistrate
before whom the same is acknowledged, and a notice thereof, sign-
ed by the said Magistrate, shall at the same time be given to the
person bound Provided always that if any such witness for
the prosecution or defence refuses to enter into or acknowledge such
recognizance as aforesaid,it shall be lawful for the Magistrate, by
his warrant, to commit him to prison there to be safely kept until
after the trial of the accused, unless in the meantime such witness
duly enters into such recognizance as aforesaid before a Magistrate
Provided, nevertheless, that if afterwards, from want of sufficient
evidence in that behalf or other cause, the Magistrate before whom
the accused has been brought does not commit him or hold him to
bail for the offence with which he is charged, it shall be lawful for
a Magistrate, by his order in that behalf, to order and direct the.
Superintendent of the prison where such witness is so in custody
to discharge him from the same, and the Superintendent shall
thereupon forthwith discharged him accordingly: Provided, further,
that all such recognizances so taken, together with the written in-
formation, if any, or summons, the depositiond on either side, and
the statement of the accused, if any, shall be kept together until the
close of the case before the Magistrate, and if the accused is then
committed for trial shall be transmitted by the Magistrate, or he
shall cause the same to be transmitted, to the Crown Solicitor
for the use of the Attorney General.

76. When all the evidence offered on the part of the prosecution
against the accused has been heard, if the Magistrate is of opinion
that it is not sufficient to put the accused upon his trial for any
indictable offence, the Magistrate shall forthwith order the accused,
if in custody, to be discharged as to the information then under in-
quiry; but if, in the opinion of the Magistrate, such evidence is
sufficient to put the accused upon his triaL for an indictable offence,
oif the evidence given raises a strong or probable presumption of
the guilt of the accused, then the Magistrate shall, by his warrant,
commit him to prison to be there safely kept until he shall be thence
delivered by due course, of law or admit Lim to ball as hereinbefore
mentioned.





77.-(1) If the Magistrate commits the accused to prison for
trial between the 10th and 18th days both inclusive of any month
save the months of December and June he shall inform or cause,
the accused to be informed thereof in the words or to the
effect following:-
A.B., you stand committed to Gaol until the Criminal
Sessions of the Supreme Court which will be holden next
month there, to take your trial.'
(2) If the Magistrate commits the accused to prison for trial on
any other day of the month except between the 10th and 18th days
both inclusive of any month save the months of December and June
or if such Magistrate commits the accused to prison for trial on any
day in the months of December or June he shall inform or cause the
accused to be informed thereof in the words or to the effect follow-
ing :-,
'A.B., you stand committed to Gaol until the next
Criminal Sessions of the Supreme Court there to take your
trial.'
Provided always that the Court may of its own motion or on the
application either of the Crown or of the accused order the accused
to be tried on such date as the Court may fix.

78. When the depositions in any case sent for trial to the Court
have been completed, a copy thereof, including all exhibits and any
statement, shall as soon as practicable by forwarded from the
'Magistrate's office to the Registrar for the use of the Court; and at
any time before the first day of the Criminal Session of the Court
at which any accused committed to prison or admitted to bail is to
be tried the accused or his counsel may require and shall be entitled
to have of and from the officer or person having the custody of the
depositions copies thereof, together with copies of any such state-
ment as aforesaid or of any questions and answers put and taken
in pursuance of section 97, on which the accused has been commit-
ted or bailed, on payment of 15 cents for each folio of 72 words.

PART IV.
SUMMARY TRIAL OF INDICTABLE, OFFENCES.
79. Nothing in this Part Shall affect the powers conferred upon
Magistrates by any Ordinance to the protection of women
and girls.

As amended by No. 33 of 1912.
As aniended by No, 1 of 1912.





80.-(1) Whenever any person is accused before a Magistrate
of any indictable offence, except an offence specified in the 3rd
schedule, the Magistrate, instead of committing the accused for
trial before the Court, may deal with the case and convict the
accused summarily, and on conviction may sentence the accused to-
imprisonment for any term not exceeding 6 months, or to a fine
not exceeding 100 dollars : Provided that nothing in this section
shall affect any greater punishment specifically provided in any
other Ordinance.
(2) A Magistrate may nevertheless deal summarily under this
section with the ease of a person accused, under section 82 (5) (a)
of the Bankruptcy Ordinance, 1891, of the offence'of obtaining
credit under false pretences or by means of any other fraud. .
(3) The Magistrate may also direct that the accused be kept in
solitary confinement for any portion of his term of imprisonment,
not exceeding 14 days at any one time and not exceeding one month
in the whole.
(4) The Magistrate may nevertheless, if he thinks fit, commit
any such accused for trial before the Court.
(5) Nothing in this section shall affect the provisions of section
82. Where an indictable offence is triable summarily,-
(1) the procedure shall, until the Magistrate assumes the power
to deal with the odence summarily, be the same in all respects as
if the offence were to be dealt with throughout as an indictable
offence, but when and so soon as the Magistrate assumes the power
to deal with the offence sunmmarily, the procedure shall be the same
from and after that period as if the offence were an offence punish-
able on summary conviction and not on indictment and the
provisions of this Ordinance relating to offences punishable on
summary conviction shall apply accordingly;
(2) the evidence of any witness taken before the Magistrate has
assumed the said power need not be taken again, but every
such witness shall, if the defendant so requires, be recalled for the
purpose of cross-examination ;
(3) the conviction for any such offence shall be of the same effect
as a conviction for the offence on indictment before the Court, and

As amonded by No. 2 of 1906, No. 80 of 191 ' 1, No. 50 of 1911,
No. 1 of 1912, No. 2 of 1912 and No. 8 of 1912.





the Magistrate may make the like order for the restitution of
property as might have been made by the Court before whom the
person convicted would have been tried if he had been tried on an
indictment; and
(4) the order of dismissal shall be filed by the Magistrate's clerk
in like manner as the conviction is herelby required to be filed, and
together with the order of dismissal or the conviction, as the case
may be, there shall be filed by such clerk in each case the written
charge, the depositions of the witnesses, and the statement, if any,
of the accused.

82. Where any person is accused of stealing from the person or
of any offence within the meaning of either of sections 44 and 4.5
of the Offences against the Person Ordinance, 1865, it shall be
lawful for a Magistrate to hear the case and convict the accused
summarily and to sentence him to imprisonment for any term not
exceeding one year, or to commit the accused for trial before, the
Court; and it shall also be lawful for two Magistrates to sit together
to hear the case, and they may, if they think fit, summarily convict
the accused and sentence him to imprisonment for any term not
exceeding 2 years, or they may commit the accused for trial before
the Court.

PART V.
SPECIAL POWERS.
Miscellaneous JUatters.
83. In all proceedings before two Majistrate sitting together
Upon any complaint or information, it shall be lawful for one
Magistrate to receive such complaint or information, and to grant
a summons or warrant to compel the attendance of any witnesses,
and to do all other necessary acts and matters preliminary to the
hearing, even in cases where by the Ordinance or statute in that
behalf such complaint or information must be heard and deter-
mined by two Magistrates sitting together, and after the case has
been so heard and determined one Magistrate may issue all warrants
of distress or commitment thereon : Provided always that in any
case where any such complaint or information is heard and deter-
mined by two Magistrates, or a conviction or order is made by two
Magistrates, such Magistrates must be present and acting together
during the whole of the hearing and determination of the case.

* As amended by No. 30 ol 1911 and No. 2 of 1912.





84. If in any case where two Magistrates sit together they
are unable to agree, in their decision whether the defendant or
accused is guilty or not guilty, he shall be committed for trial before
the Court.

85. Whenever any male offender is convicted by a Magistrate
under section 29 of the Larceny Ordinance, 1865, of stealing any
ornament or other chattel from the person of any woman or child,
or under section 52 of the Offences against the Person Ordinance,
1865, of committing an act of gross indecency with another male
person under the, age of 13, or under section 7 of the Protection of
Women and Girls Ordinance, 1897, of committing an indecent
assault the Magistrate may, in addition to the punishment awarded
for such offence, direct that the offender be flogged,

86, Whenever any offender whose, age appears to the Magistrate
lot to exceed 16 years is convicted of any offence other than the
offences specified in the 3rd schedule the Magistrate may in lieu
of any other punishment to which the offender is liable, and not-
withstanding anything to the contrary in the'Flogging Ordinance,
1903, or in the Peace Preservation Ordinance,
(a) order such offender to be discharged after due admonition ; or
(b) order such offender to be delivered to his parent or to his
guardian or nearest adult relative or in the case of the offender being
an apprentice or servant to his master or mistress or in the case of
the offender being a school boy or school girl to the person in charge
of the school at which the offender is attending on such parent,
guardian, relative, master, mistress or person in charge of a school,
executing a bond with or without a surety or sureties that lie or she
will be responsible for the good behaviour and also, if the Magistrate
thinks it necessary, for the proper education of the offender, for any
period not exceeding twelve months; or
(c) order such offender if a male to be whipped with not more
than 12 strokes of a light cane or rattan within the court pre-
mises and in the presence. if they desire to be present of the parent,
guardian, relative, master, mistress or person in charge of such
offender.
Provided that if the offender is convicted of larceny, or of
any offence which now or at any time, hereafter is by law deemed

As amendud by No. 2 of 1912 and No. 30 of 1912.
As amended by No. 15 of 1912 and No, 43 of 1012 Supp. Sched.





or declared to be simple larceny or punishable as simple larceny, or
of any assault occasioning actual bodily harm, or of any indecent
assault the Magistrate may make the order specified in paragraph
(c) of this section in addition to any other purhishment to which the
offender is liable.

87. A Magistrate may sentence any offender convivted of a felony
or any offence declared to be a misdemeanor to be publicly exposed
in the stocks for any period not oxeceding 6 hours in lien of the
whole or any part of any punishment to which the offender is liable.
Provided that this power shall not be exercised in relation to the
offences specified in section 16 of Ordinance :No. 1 of 1884, see-
iion 5 of Ordinance No. 8 of 1893 or sub-sections (2), (3), or (4) of
section 23 of Ordinance No. 8 of 1896.

88. On the conviction of any person of any offence by which
injury or loss to person or property has accrued, the convicting
Magistrate may order the offender to pay to the person aggreieved
reasonable compensation, not exceeding 50 dollars, in addition to
any fine or punishment to which he is sentenced.

89. If any person behaves in an insulting manner or uses any
threatening or insultirig expression to, or concerning, or in the
presence of a Magistrate, when acting In the discharge of any
magisterial duty, the Magistrate may summarily sentence the
offender to imprisonment for any term not exceeding 2 months, or
to a fine not exceeding 50 dollars.

90. If it appears to a Magistrate-
(1) that any charge or complaint was maliciously preferred with-
out reasonable or probable cause, the Magistrale may on the
application of the person against whom the charge or complaint
was made, order the complainant to pay to such person reasonable
compensation not exceeding 50 dollars: Provided that the award
of any such compensation shall be a bar to any civil proceeding for
damages by reason of such charge or complaint having been made
or

As ainended by No. 1 01 1909, No. 1 of 1912, No. 8 of 1912 and
No. 43 of E)12.
As amended by No. 30 or 11)11, No, 1 of 1912 and No. 2. of 1912.
As Rinended by No. 1 of l~)o~), No. 1 of 1912, No. 2 of 1912 and
No. 43 of 1912 Supp. Selled.





(2) that any witness, (which shall include a defendant who gives
evidence on his own behalf), has wilfully given false testimony, the
Magistrate may order him to pay a fine not exceeding 50 dollars.
Provided always, that-
(a) Before making any order under sub-section (1) the Magis-
trate shall first give the complainant an opportunity of showing
cause why the order should not be made, and shall, if so requested
by the complainant, adjourn the proceedings in order to enable him
to instruct counsel on his behalf.
(b) Before making any order under sub-section (2) the Magis-
trate shall first clearly inform the witness of the specific words
which appear to the said Magistrate to constitute the false testimony
and shall give the witness an opportunity of showing cause why
the order should not be made, and shall, if so requested by the said
witness, adjourn the proceedings in order to enable him to instruct
counsel on his behalf.
(c) If the compensation or fine is not forthwith paid, the
Magistrate may commit the person against whom the order is made
to prison in accordance with the provisions of section 57.

91. Whenever a Magistrate awards a pecuniary penalty or amends
for any offence under the Summary Offences Ordinance, 1845, and
the same is not paid forthwith, the Magistrate may commit the
offender to prison, with or without hard labour, in accordance with
the scale iii secton 57.

92. Whenever any penson is found by the police hawking without
a licence, or committing any offence against any Ordinance relating
to markets, or causing any obstruction by hawking in a public
thoroughfare, the police are hereby empowered to convey or cause
to be conveyed all the articles being hawked and sold before
a Magistrate, who shall thereupon have power, on conviction of the
offender, to order the forfeiture of the said articles or any of them,
in addition to or substitution for any other fine or punishment
which lie may by impose.

93.-(1) Whenever any offender is convicted of being found
drunk in any public road, street, or other public place, whether a
building or not, or on any premises licensed under any Ordinance

As arnended by No. 1 o~ 1912 alld No. 2 of 1912.
As aniendecl by No. 1 of 1912.
As arnended by No. 80 of 19.11, No. 1 of 191~9 and NIo. 2 of 1912





relating to spirit licences, a Magistrate may sentence him to a fine
not exceeding 5 dollars, and, on a second conviction for a similar
offence within a period of 12 months, to a fine not exceeding 10
dollars, and, on a third or subsequent conviction within such period
of 12 months, to a fine not exceeding 15 dollars.
(2) Whenever any offender is convicted of riotous or disorderly
behaviour, while drunk, in any public road, street, or other public
place, whether a building or not, or of being drunk while in charge
of any carriage, chair, vehicle, horse, or cattle in any public road,
street, or other public place, or of being drunk when in possession
of any loaded firearms, a Magistrate may sentence him to a fine not
exceeding 25 dollars, or to imprisonment for any term not exceeding
2 months.

93a. If any person assaults or resists any forest officer or aids or
incites any person so to assault or resist, or refuses to assist any
such forest officer in the, execution of his duty when called upon to
do so, every such offender shall bc liable, on summary conviction,
to a fine, not exceeding 200 dollars, together with costs, to be re-
covered in a summary manner as the Magistrate may order, and in
default of payment, shall be liable, if no sufficent distress can be
found, to imprisonment, for any term not exceeding 6 months.

[S. 93.b. rep. No. 42 of 1912.]

Bail.
94(1) No Magistrate or Justice of the Peace shall admit any
person to bail for treason or murder, nor shall such person be
admitted to bail, except by order of a Judge.
(2) Where a person is charged with felony, or with assault with
intent to commit a felony, or with an attempt to commit a felony,
or with obtaining or attempting to obtain property by false
pretences, or with a misdemeanor in receiving stolen property or
property obtained by false pretences, or wilth perjury or subornation
of perjury, or with concealing the birth of a child by secret burying

As aniended by No. 1, of 1909, No. 30 of 1911, No. 1 of 1912, No. 8
of 1912 and No. 21. of 1912.
By No. 8 of 1912 the of part of No. 19 of 1903 and No.
28 of 1910 were to have been incorporated as section 93b of
No. 3 of 1890; but, No. 19 of 1903 and No. 28 of 1910 were
both repealed by No. 42 of 1912 before No. 8 of 1912 caine
into force.
As aniended by No. 51 of 1911 and No. 1 of 1912.





or otherwise, or with wilful or indecent exposure of the person, or
with riot or assault upon a police officer in the execution of his duty
or upon any person. acting in his aid, or with an assault in pur-
suance of a conspiracy to raise the rate of wages, a Magistrate may,
in his discretion, admit the accused to bail, on his procuring or
producing sneh surety or sureties as, in the opinion of the, Magis-
trate, will be sufficent to ensure the appearance of the accused at
the time and place whon and where lie is to be tried for such offence;
and thereupon the Magistrate shall take, the recognizance of the
accused and his surety or sureties conditioned for the appearance
of the accused at the time and phace of trial and that he will then
surrender and take his trial and will not depart the Court without
leave.
(3) Where a person is charged with an indictable misdemeanor
other than those mentioned in sub-section (2), he shall be entitled
to be admitted to ball in. the manner mentioned in the said sub-
section.
(4) It shall be lawful for a Magistrate, on issuing a warrant for
the apprehension of any person charged with a bailable offence, to
certify on the warrant his consent to the accused being bailed, and
thereupon it shall be lawfid for an Inspector of Police, to admit
the accused to bail, taking his recognizance and that of his surety
or sureties, if any, conditioned for the appearance of the accused at
the time and place of hearing and that he will then surrender and
take his trial and will not depart the Court without leave.
(5) In every case where a person charged with any bailable,
indietable offence, is committed to prison to take his trial for the
same before the Court, it shall be lawful, at any time afterwards
and before the first day of thei Criminal Session at whichhe, is to
bp tried or before the clay to which such Session. is adjourned, for
the Magistrate who has signed the warrant for his commitment, in
his discretion, to admit the accused to bail in manner aforesaid;
or if the committing Magistrate is of opinion that for any. of the
offences mentioned in sub-section (2) the accused ought to ,be
admitted to bail, such Magistrate shall, in such case and in every
other case of a iiiisdemeanor committed for trial before the Court,
certify on the warrant of cominitment his consent to the accused
being bailed, stating, also the amount of bail which ought to be re
quired andwith a surety or sureties ; and it shall be
lawful for a Magilstrate or his first clerk, Or for a Justice of the





Peace attending at or visiting the prison wbere, the accused is in
custody, on production of such certificate, to admit the accused to
bail in manner aforesaid.

(6) In every case where the accused in custody is admitted to bail
by a Magistrate, other than the cmmitting Magistrate or by
a Justice of the Peace as aforesaid, such Magistrate or Justice of
the Peace shall forthwith transmit the recognizance of ball to the
committing Magistrate, to be transmitted with the depositions.

(7) Where two Magistrates sit together either of them may exer-
cise the powers hereinbefore mentioned.

95.-(1)In every case where a Magistrate admits to bail any
person who is then in prison charged with the offence for which he
is so admitted to bail, the Magistrate shall send to or cause to be
lodged with the Superintendent of such prison a warrant of
deliverance, under his hand and seal, requiring the Superintendent
to discharge the person so admitted to ball, if he is detained for no
other offence, and on such warrant of deliverance, being delivered to
or lodged with the Superintendent, lie shall forthwith obey the
same.


(21) Where, however, the bail of the. person in prison is taken by
the Magistrate's clerk or a Justice of the Peace, in pursuance of
sub-section (5) of,the last section, a written certificate, signed by
such Magistrate's clerk or Justice, that bail has been duly given
shall be a good authority to the Superintendent to discliarge the
person so bailed frorn custody forthwith, unless lie, is also in custody
for some other cause.

Re-hearing.
96.-(1) It shall be lawful for a Magistrate, on such grounds as he
inay deem sufficient, to review his decision or adjudication within
7 clear days from the date thereof, (unless in the meantime an
application has been made to state and sign a case under section
98 and such application is notand, on such review, to
re-open and re-hear the case wholly or in part, and to take fresh
evidence and to reverse, vary, or confirm the previous decision or
adjudication.

As myiended by No. 50 of 1911.
As amended by Nio, 1 of 1912.





(2) Whenever any accused person has been committed for trial
and the Attorney General has, in pursuance of any Ordinance,
remitted the case for further investigation or to be dealt with sum
marily, the Magistrate shall re-open the case and deal
with it in all respects as the accused had not been committed
for trial, and if the Case is such that it may be dealt with summarily
by such Magistrate, lie shall so deal with it.
[s. 97, rep. No. 8 of 1912 s. 19.]

PART VI.
APPEALS.
Appeal on question of Law.
98. Within 7 clear days after the hearing and determination by
a Magistrate complaint, information, charge, or other pro-
ceeding which he has power to determine in a summary way, either
party thereto or any person aggrieved thereby who desires to
question by way of appeal any conviction, order, determination, or
other proceeding as aforesaid on the ground that it is erroneous in
point of law, or that it is in excess of jurisdiction may apply in
writing to the Magistrate to state and sign a case setting forth the
facts and the grounds on which the conviction, order, or deterinin-
atioll was granted and the grounds on which the proceeding is
questioned, for the opinion of the Full Court.

99. The appellant shall, within 14 days after the delivery of the
case to him as hereinafter mentioned, transmit the case to the Re-
gistrar, first giving notice in writing of such appeal and sending
with it a copy of the case to the other party or parties to the
proceeding before the Magistrate, hereinafter referred to as the
respondent or respondents.

100. After the delivery of a case to the appellant as aforesaid but
before the case has been set down for argument before the Full
Court, it shall be lawful for the Magistrate, on application by either
party and on notice of such application to the other party previously
given,to amend the case stated and signed by him in any way he
may think fit.

101. When the case has been transmitted to the Registrar as
aforesaid, it shall be set down for arguinent on the request of either

As aLnended by No. 1 of 1912.





party 4 clear days at least before the day appointed for argument,
and shall be heard, save as hereinafter provided, by the Full Court :
Provided always that the party setting down the case for argument
shall give to the opposite party 4 clear days notice of the day
appointed therefor. .

102. The Full Court shall have power, if it thinks fit, to cause
the case stated for its opinion to be sent bach to the Magistrate for
amendment, and thereupon the same shall be amended accordingly,
and judgment shall be delivered after the same has been amended.

Appeal on question of Fact.
103. Within 7 clear clays after the hearing and determination by
a Magistrate of any complaint, information, charge, or other pro-
ceeding which he has power to determine in a summary way, either
party thereto or any person aggrieved thereby who desires to ques-
tion any conviction, order, determination, or other proceeding as
aforesaid on the ground that it is erroneous in point of fact may
apply to the Magistrate for leave to appeal to the Full Court by way
of a re-hearing; and, if such leave is granted the Magistrate's clerk
shall; subject to the provisions of section 106, deliver, to tl-ie
appellant a certificate to that effect, and shall forward the original
depositions in the case to the Registrar, or, if the party or person
desiring to appeal consents thereto, the Magistrate may order the
case to be re-heard before him.

104. Within 10 days after the reccipt of such certificate, the
appellant shall file the sarne with the Registrar, together with a
motion for a,re-hearing before the Full Court, setting forth shortly
the grounds therefor, and such motion shall be served on the
respondent, and the Full Court, on the hearing thereof, may dismiss
the appeal, with or without costs, or may grant a re-hearing subject
to such terms as to costs or otherwise as it may think fit.

105. On such re-hearing, unless the Full Court otherwise orders,
the case shall be heard and the evidence taken de novo, and the
Full Court may, in its discretion, allow fresh evidence to be given
on such re-hearing: Provided that in a case where the evidence is
taken de novo, if it is proved that a witness who was examined
before the Magistrate is dead or unable to be present on such

As aniended bv No. 1 al 1912.
v





re-hearing, the Court may, in its discretion, admit the deposition
of such witness signed by the Magistrate, saving all just exceptions.

Appeals generally.
106.-(1) Within 3 weeks from the making of an application
under section 98 or section 103 the appellant shall enter into
a recognizance before a Magistrate, with or without sureties and
in such sum as to the Magistrate may seem meet, conditioned to
prosecute the appeal without delay and to pay such costs as may
be awarded by the Full Court : Provided always that, in the case
of an appeal touching any fine, the amount of the recognizance
shall not be less than the amount of the fine and a sum to cover
costs.

(2) The appellant, if in custody, may, by order of a Magistrate,
be brought up for the purpose of entering into the recognizance.


(3) The appellant shall not be. entitled to have the case or
certificate delivered to him unless he completes the recognizance
within the prescribed time, and if he makes default in so doing the
appeal shall be decined to be abandoned.
(4) The appellant, sliall at the same time, and before he shall
be entitled to have the case or certificate delivered.to him, pay to
the Magistrate's clerk or other proper officer, in respect of the said
case, certificate, and recognizance, the fees following:-
$
1 For the recognizance ......................... 0.
........... ... ....... 2.00
2 For drawing the case and copy thereof for appellant, if
not exceeding 5 folios of 72 words each 3.00
3 Or if the case exceeds 5 folios, for every additional folio. 0.30
4 For the certificate for leave to appeal ............
(5) The appellant, if then in custody, shall be liberated on the
recognizance being further conditioned for his submission to the
judgment of the Full Court and for his appearance before a Magis-
trate within 10 days after the judgment of the Full Court has been
given, to abide such judgment, wiless the conviction, order, or
determination appealed against is quashed, set aside, or reversed.
(6) This section shall not apply where the application is made
by or under the direction of the Attorney General.

* As amended by No. 50 of 1911 and No. 8 of 1912.

107. If the Magistrate is of opinion that the application to state
or amend a case or for leave to appeal on a question of fact is merely
frivolous, but not otherwise, he may refuse to state or amend a case
or to grant a certificate for leave to appeal, and shall, on the request
of the party or person applying therefor, sign and deliver to him a
certificate of such refusal, on payment of the sum of 50 cents:
Provided always that the Magistrate shall not refuse to state a case
or to grant a certificate for leave to appeal where the application
therefor is made to him by or under the direction of the Attorney
General.

108.-(1) Subject as aforesaid, if the Magistrate refuses to state
a cease, or neglects to state a case within 3 weeks from the time
when the application therefor was granted, or refuses to amend a
case, when state and delivered, on the application of either party
within the time limited for such amendment, or refuses a certificate
for leave to appeal, it shall be lawful for the party aggrieved by such
refusal or neglect to apply to the Full Court, by notice of motion
served on the Magistrate and on the other party, supported by an
affidavit of the facts, for a rule calling upon the Magistrate to show
cause why such case should not be stated or amended or such leave
to appeal granted: and the Full Court may make the same absolute
or discharge the same with or without payment of costs by the
Magistrate or either party, as may seem just.

(2) The Magistrate, on being served with such rule absolute,
shall state a case, or amend the case stated, or grant a certificate
for leave to appeal accordingly.

109. The Full Court, on the argument of any case stated or on
any re-hearing, may reverse or affirm the deceision of the Magistrate,
or may amend or alter such decision by making any order which the
Magistrate would have had power to make in the matter, or may
remit the matter to the Mgiastrate with the opinion of the Court,
thereon, or may make such other order in relation to the matter,
and make such orders as to costs, as to the Court may seem fit:
Provided always that no Magistrate who states and delivers a case
pursuant to this Ordinance or grants leave to appeal shall be liable
to any costs in respect of or by reason of such appeal against his
determination.
110.-(1) After the decision of the Full Court in relation to any
appeal under this Ordinance, the Magistrate shall have authority
to enforce any conviction or order which may have been affirmed,
amended, or made by such Court as fully and in the same manner
as though it were the original decision of the Magistrate.

(2) No action, suit, or proceeding whatsoever shall be commenced
or had against the Magistrate for enforcing such conviction
or order.

111.-(1) After an appeal has been decided, if the same
has been decided in favour of the respondent, any Magistrate may
issue his warrant of distress or commitment for the execution of
such conviction or order as if no such appeal has been brought.

(2) If, on any such appeal, the Full Court, order either party
to pay costs, such order shall direct such costs to be paid to the
Registrar to be by him paid over to the party entitled to the same,
and shall state within what time such costs shall be paid, and if
the same are not paid within the time so limited, and the party
order to pay the same is not bound by any recognizance conditioned
to pay such costs, the Registrar, on the application of the
party entitled to such costs or any person on his behalf, and on
payment of a fee of 25 cents, shall grant to the party so applying a
certificate that such costs have not been paid.

(3) On the production of such certificate to any Magistrate, it
shall be lawful for him to enforce the payment of such costs by
warrant of distress in manner hereinbefore provided for enforcing
the payment of costs, and, in default of distress, the Magistrate
may commit the party against whom such warrant has issued in
manner hereinbefore mentioned for any time not exceeding 3
months, unless the amount of such costs of the commitment, if the
Magistrate thinks fit so to order, (the amount thereof being ascertained
and stated in the commitment), shall be sooner paid.

112. Any Judge shall have power to liberate, on such terms and
conditions as to recognizances or otherwise as he may think fit,
any party or person on whose application a case has been stated,
or who has obtained leave to appeal as aforesaid, who is in custody,
ro such Judge may order him to be brought up to the Court in the
custody of a police officer for the purpose of attending the appeal
and any application or proceedings thereon.

113. In the absence or illness of one of the Judges, the powers
of the Full Court contained in this Part may be exercised by one
Judge, if he thinks fit.

PART VII.

PROTECTION OF MAGISTRATES.

114. In every action brought against any Magistrate for any
act done by him in the execution of his duty as such Magistrate,
with respect to any matter within his jurisdiction as such Magistrate,
it shall be expressly alleged that such act was done
maliciously and without reasonable and probable cause; and if, at
the trial of any such action, the plaintiff fails to prove such allegation,
he shall be nonsuit or the judgment or verdict, as the case
may be, shall be for the defendant.

115. For any act done by a Magistrate in a matter over which
by law he has no jurisdiction or in which he has exceeded his
jurisdiction, any person injured thereby, or by any act done under
any conviction or order made or warrant issued by the Magistrate
in the same form and in the same case as he might have
done before the commencement of this Ordinance, without making
any allegation in his pleadings that the act complained of was done
maliciously and iwthout reasonable and probable cause: Provided,
nevertheless, that no such action shall be brought for anything
done under such conviction or order until after such conviction or
order has been quashed, either on appeal to the Full Court or on
application to the Court, nor shall any such action be brought for
anything done under any such warrant which has been issued by the
Magistrate to procure the appearance of such party, any which has
been followed by a conviction or order in the same matter, until
after such conviction or order has been so quashed as aforesaid;
of if such last-mentioned warrant has not been followed by any
such conviction or order, or if it is a warrant on an information for
an alleged indictable offence, nevertheless if a summons was issued
previously to the warrant, and such summons was served on such
person, either personally or by leaving the same for him with some
person at his last or most usual place or abode, and he did
not appear according to the exigency of the summons, in such case
no such action shall be maintained against the Magistrate for anything
done udner warrant.

116. Where a conviction or order is made by one Magistrate and
a warrant of distress or of commitment is granted thereon by another
Magistrate bond fide and without collusion, no action shall
be brought against the Magistrate who so granted the warrant by
reason of any defect in the conviction or order, or for any want of
jurisdiction in the Magistrate who made the same, but the action,
if any, shall be brought against the Magistrate who made the conviction
or order.

117.-(1) In any case where a Magistrate refuses to do any act
relating to the duties of the office as such Magistrate, it shall be
lawful for the party requiring such act to be done to apply to the
Full Court, on an affidavit of the facts, for a rule calling upon such
Magistrate, and also the party to be affected by such act, to show
cause why such act should not be done; and if, after due service
of such rule, good cause is not shown against it, the Full Court
may make the same absolute, with or without costs, as may seem
meet.

(2) The Magistrate, on being served with such rule absolute,
shall obey the same, and shall do the act required; and no action
or proceeding whatsoever, shall be commenced or prosecuted
against the Magistrate for having obeyed such rule and done such
act so thereby required as aforesaid.


118. In any case where a warrant of distress or warrant of commitment
is granted by a Magistrate on any conviction or order,
which, either before or after the granting of such warrant, has been
or is confirmed on appeal, no action shall be brought against the
Magistrate who so granted the warrant for anything which may
have been done under the same by reason of any defect in the conviction
or order.

119. In any case where by this Ordinance it is enacted that no
action shall be brought under particular circumstances, if any




such action is brought, it shall be lawful for a Judge, on summons
taken out by the defendant and on an affidavit of facts, to set aside
the proceedings in the action, with or without costs, as to him may
seem meet.

120. No action shall be brought against any Magistrate for
anything done by him in the execution of his office, unless the same
is commenced within 6 months next after the act complained of
has been committed.

121. No such, action shall be commenced against any Magistrate
until one month at least after a notice in writing of such intended
action has been delivered to him or left for him at his usual place of
abode by the party intending to commence such action or by his
solicitor, in which said notice the cause of action shall be clearly and
explicitly stated ; and on the back thereof shall be indorsed the
nanie and place of abode of the party so intending to sue, and also
the name and place of abode or of business of the said solicitor, if
such notice has been served by such solicitor.

122.-(1) In every such case, after notice of action has been so
given as aforesaid, and before the action is commenced, the
Magistrate to whom the notice is given may tender to the party
complaining or to his solicitor such sum of money as he may think
fit as amends for the injury complained of in. the notice; and after
the action has been commenced, and at any time before it is placed
in the general hearing list, the defendant, if he has not made such
tender or in addition to such tender, shall be at liberty to pay into
Court such sum of money as he may think fit.
(2) The said tender and payment of money into Court or either
of them may afterwards be given in evidence by the defendant at
the trial ; and if the Judge or jury at the trial, as the case may be,
is or are of opinion that the plaintiff is not entitled to damages be-
yond the sum so tendered or paid into Court, then be or they shall
give judgment or a verdict for the defendant, and the plaintiff shall
not be at liberty to elect to be nonsuit, and the sum of money, if
any, so paid into Court, or so much thereof as may be sufficient to
pay or satisfy the defendant's costs in that behalf, shall thereupon
be paid out of Court to him, and the residue, if any, to the plain-
tiff.





(3) If, where money is so paid into Court in any such action,
the plaintiff elects to accept the same in satisfaction of his damages
in the action, he, may obtain from a Judge an order that such
money shall be paid out of Court to him, with or without costs, in
the discretion of the Judge, and thereupon the action shall be
determined, and such order shall be a bar to any other action for
the same cause.

123. If, at the trial of any such action, the plaintiff does not prove
that the action was brought within the time hereinbefore limited
in that behalf, or that such notice as aforesaid was given one
month before. the action was commenced, or if he does not prove
the cause of action stated in such notice, then and in every such
case the plaintiff shall be nonsuit or there shall be a verdict and
judgment for the defendant.

124. In any case where the plaintiff in any such action is entitled
to recover, and he proves the levying or payment of any fine or
sum of money under any conviction or order as part of the damages
which he seeks to recover, or if he proves that he was imprisoned
under such conviction or order, and seeks to recover damages for
such imprisonment, he shall not be entitled to recover the amount
of such fine or sum so levied or paid, or any sum beyond the sum
of 5 cents as damages for such imprisonment, or any costs of suit
whatsoever, if it is proved that he was actually guilty of the offence
of which lie was so convicted, or that he was liable by law to pay
the sum which he was so ordered to pay, and (with respect to such
imprisonment) that he, had undergone no greater punishment than
that assigned by law for the offence of which he was so convicted
or for non-payment of the sum which he was so ordered to pay.

PART VIII.

MISCELLANEOUS PROVISIONS.
125. The rules in the 2nd schedule shall be observed in carrying
into effect this Ordinance.

126.-(1) It shall be lawful for the Governor-in-Council to make
regulations as to the fees to be taken, if any, at the Magistratas'
Court in respect of any proceedings or of the issuing, service, or
execution of any process or otherwise, and as to the costs, if any,

As amended by No. 60 of 1911.
As amended by No. 1 of 1912 and No. 2 of 1912.





to be allowed for the attendance of witnesses or for legal assistance
or otherwise, and to fix a scale of such fees and costs, and by re-
gulation to exempt in any particular class of cases from the pay-
ment of such fees and costs or either of them.
(2) A table of the fees and costs in force shall be hung up
in some conspicuous part of the Magistrates' Court.
(3) It shall be lawful for any Magistrate to refuse to do any act
for which any fee is payable unless such fee has been paid; and if
any such act is done and the fee due thereon is not paid, it shall be
lawful for any Magistrate to summon the person from whom such
fee may be due and to recover the same by warrant and distress in
manner hereinbefore provided for the recovery of fines.

FIRST SCHEDULE,
FORMS.

NOTE-These Forms inay be varied or added to as circumstances may
require, provided such variations are not inconsistent with
the requirements of this Ordinance.

PART I.

FORMS FOR SUMMARY OFFENCES.

Form No. 1.
Summons to the Defendant on an Information or Complaint.
IN THE POLICE COURT AT

[ss. 10 and 62,1

HONGKONG. IN THE POLICE COURT AT
To C. D., of
Information having this day been laid [or complaint having this day been made,
or whereas you have this day been charged] before the a Magistrate of
the said Colony, for that you [here state shortly the matter of the information, com
plaint, or charge] :These are, therefore, to command you, in, His Majesty's name to
be and appear on day, the day of 19 at
o'clock in the noon, at the said Police Court, before such. Magistrate
as may then he there, to answer to the said information [or complaint or charge],
and to be further dealt with according to law.

Dated this day of




[L.B.1
' 19

(Si,~,ried.) Alog~strate.

Fonm No. 2.[ss. 11 and 62.1
Warrant when Sninnions is disobeyed.
IN TI1F POLICE CounT AT
To each and all Of the CW281abU8 of the said Colony.

On the day of 1 19 , iiifoi.rri.,itioii was laid, [or com.
plaint was inade, or C.D. was charged] before the uii(lersj,-ned, a Magistrate of the
said Colony, that C.D. [or he, the said C.D.] C(ia in the. suinino)ia] ; nild a surninons

As anicnded by No. 61 of 1911.





was then issued by me to the said C.D., commanding him, in His Majesty's name,
to be and appear on day, the day of , 19 ,
at o'clock in the noon, at the said Police Court, before such
Magistrate as might then be there, to answer to the said information [or complaint,
or charge], and to be further dealt with. according to law; and the said C.D. having.,
neglected to be or appear at the time and place go appointed in and by the said
summons, although it has been proved to me upon oath [or declaration] that the said
summons has been duly served on the said C.D. : These are, therefore, to command
you, in His Majesty's name, forthwith to apprehend the said C.D. and to bring him
before me or such Magistrate as may then be sitting to answer to the said inlormation
[or complaint or charge, and to be further dealt with according to law.

Dated this day of , 19 .

[L.S.] (Signed.) Magistrate.

Form No. 3. [ss. 11, 62, and 64.]

Warrant in the first instance.
HONGKONG. IN THE POLICE COURT AT
To each and all of the Constables of the said Colony.

Information have this day been laid [or C.D. having this day been charged] before
the undersigned, a Maigstrate of the said Colony, for that C.D. [or he, the C.D.]
[here state shortly the matter of the information or charge]; and oath [or declaration]
being now made before me substantiating the matter of such information [or charge]:
These are, therefore, to command you, in His Majesty's name, forthwith to apprehend
the said C.D. and to bring him before a Magistrate of the said Colony to answer to the
said information [or charge], and to be further dealt with according to law.

Dated this day of , 19 .

[L.S.] (Signed.) Magistrate.

NOTE.-When the offence is committed on the high Seas [or in Foreign Parts] the
warrant should describe the party injured to have been at the time of the offence 'in
the peace of the King'.

FORM NO. 4. [S. 16.]

Warrant of Committed for the Safe Custody during an Adjournment of the Hearing.

HONGKONG. IN THE POLICE COURT AT

To each and all of the Constable of the said Colony and to the Superintendent of
the Gaol.

On the day of , 19 , information was laid [or
complaint was made or C.D. was charged] before the undersigned, a Magistrate of the
said Colony for that [or as in summons], and the hearing of the same having been
adjourned to day, the day of , 19, at
o'clock in the forenoon, it is necessary that the said C.D. should in the meantime
he kept in safe custody: These are, therefore, to command you, the said Constables,
in His Majesty's name, forthwith to convey the said C.D. to the said
Gaol, and there to deliver him to the Superintendent thereof, with this precept; and
you, the said Superintendent, to receive the said C.D. into your custody in the said
Gaol, and there safely keep him until day, the day of
, 19 , when you are hereby required to convey and have him at the time
and place to which the said hearing is so adjourned as aforesaid, at o'clock
in the noon of the same day, before me or such Magistrate as may then be
there, to answer further to the said information [or complaint or charge], and to be
further dealt with according to law, unless you shall be otherwise ordered in the
meantime.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.
FORM NO. 5. [ss. 14, 16, 18, 25, 27, 31, 53, and 54.]

Recognizance conditioned for Appearance or for doing some other thing.

HONGKONG. IN THE POLICE COURT AT

The day of , 19 .
We, the undersigned C.D., of , E.F., of , and G.H.,
of , severally acknowledge ourselves to owe to Our Sovereign
Lord the King the several sums following, namely, the said C.D. as principal the sum
of , and the said E.F. and G.H. as sureties the sum of
each, to be leived on our serval goods, lands, and tenements if the said C.D. fails in
the condition hereon indorsed.

Signed (where not taken orally). C.D.
E.F.;G.H.
Taken [orally] before me the day of , 19 ,
[L.S.] (Signed.) Magistrate.

[or Superintendent of Police,
or as the case may be.]

CONDITION INDORSED.

The condition of the within-written recognizance is such that if the within-bounden
C.D. appears before such Magistrate as may then be sitting at the said Police Court on
day, the day of , 19 , at o'clock in the
noon, to answer [further] to the charge made against him by
and to be [further] dealt with according to law [or appears before such Magistrate as
may then be sitting at for sentence when called upon, or as the case may
be] then the said recognizance shall be void, but otherwise shall remai in full force.

NOTE. - Where the recognizance is taken orally omit the words 'the undersigned'
and insert the word 'orally' after 'taken'.

FORM NO. 6. [s.53.]

Notice of such Recognizance to be given to the Defendant and his Surety.

HONGKONG. IN THE POLICE COURT AT

Take notice that you C.D. have undertaken in the sum of and you E.F.
in the sum of that you C.D. appear personally on day, the
day of , 19 , at o'clock in the noon, at the
said Police Court, before such Magistrate as may then be there, to answer further to
a certain information [or complaint] of A.B., the further hearing of which was
adjourned to the said time and place [or as the case may be], and unless you C.D.
appear accordingly, the recogniznace entered into by you C.D. and by E.F. as your
surety will be forthwith enforced against you both.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 7. [SS. 14, 16, 18, and 25.]

Certificate of Forfeiture to be indorsed on Recognizance.

The within-named C.D. not having appeared [or as the case may be] at the time
and place in the said condition mentioned, it is hereby certified that the within-written
recognizance is forfeited.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.





FORM No. 8. [s.17.]

Summons to a Witness.

HONGKONG, IN ME POLICE COURT AT


To E,F. [address and description.]

Information having been laid [or complaint having been made or C.D. having been
charged] before the undersigned, a of the said Colony, for that [as in the
summons to defendant]; and it having been made to appear to me upon oath [or
declaration] that you are likely to give material evidence on behalf of the informant [or
complainant, or defendant, or accused] in this behalf: These are, therefore, to require
you to be and apppar on day, the day of 19
at o'clock in the noon, at the said Police Court, before such Magistrate
as may then be there, to testify what you shall know concerning the matter of the said
information [or complaint, or charge].

Dated this day of 19
[L.S.] (Signed.) Magistrate.

NOTE.-The time of service of the Summons is to be indorsed thereon.

FORM No. 9. [s.17.]

Warrant where a Witness has not obeyed a Summons.
HONGKONG. IN THE POLICE COUNT AT
To each and all of the Constables of the said Colony.
Information having been laid [or complaint having been made or C.D. having been
charged] before, the undersigned, a Magistrate of the said Colony, for that [as in the
summons to defendant] ; and it having been made to appear to me upon oath [or do-
claration] that E.F. of [address and description] was likely to give material evidence
on behalf of the informant [or complainant, or defendant, or accused] a summons was
duly issued by me to the said E.F. requiring him to be and appear on day,
the day of , 19 , at o'clock in the
noon, at the said Police Court before such Magistrate as might then be there, to testify
what he should know concerning the said C.D. or the matter of the said information
[or complaint, or charge]; and proof having this day been made before me upon oath
[or declaration] of such summons having been duly served on the said. E.F. and of a
reasonable sum having been tendered to him for his costs and expenses in that behalf;
and the said E.F. having neglected to appear at the time and place appointed by the
said surnmons, and no just excuse having been offered for such neglect : These are,
therefore, to command you to take the said E.F. and to bring and have him on
day, the day of ' 19 , at o'clock in the
noon, at the said Police Court before such Magistrate as may then be here,
to testify what he shall know concerning the matter of the said information [or
complaint or charge.]

Dated this day of 19

[L.S.] (Signed.) Magistrate.


FORM No. 10. [s. 17.]

Warrant of a Witness in the first instance.
HONGKONG. IN THE POLICIE COURT AT
To each and all of the Constables of the said Colony.
Information having been laid [or complaint having been made or C.D. having been
charged] before the undersigned, a Magistrate of the said Colony, for that [as in the
summons to defendant] ; and it being made to appear before me upon oath [or de-
claration] that E.F., of [labourer]is likely to give material evidence on behalf of the
informant For complainant, or defendant, or accused] in this matter, and it is probable
that the said E.F. will not attend to give evidence without being compelled to do so:


These are, therefore, to command you to bring and have the said E.F. on day,
the day of , 19 , at o'clock in the
noon, at the said Police Court, before such Magistrate as may then be here, to testify
what he shall know concerning the matter of the said information [or complaint or
charge].

Dated this day of , 19 .

[L.S.] (Signed.) Magistrate.

FORM NO. 11. [ss. 17 and 69.]

Commitment of a Witness refusing to be sworn or to give Evidence.

HONGKONG. IN THE POLICE COURT AT

To each and all of the Constables of the said Colony and to be
Superintendent of the Gaol.

Information having been laid [or complaint having been made or A.B. having been
charged] before the undersigned, a Magistrate of the said Colony, for that [as in the
summons to defendant]; and one E.F. now appearing before me as such Magistrate
as aforesaid on day, the day of , 19 , at the
said Police Court, and being required by me to make oath [or declaration] as a witness
in that behalf now refuses so to do [or being sworn as a witness in the matter of the
said information or complaint or charge] refuses to answer certain questions, without
offering any Constables to take the said E.F. and him safely to convey to the said
Gaol, and there to deliver him to the Superintendent thereof, together with this precept,
and you, the said Superintendent, to receive the said E.F. into your custody in the
said Gaol, and there imprison him for such his contempt for the space of days,
unless he shall in the meantime consent to be examined and to answer concerning the
premises; and for your so doing this shall be your sufficient warrant.

Dated this day of , 19.
[L.S.] (Signed.) Magistrate.

FORM NO. 12. [ss. 14 and 70.]

Warrant to remand a Defendant when apprehended.

HONGKONG. IN THE POLICE COURT AT
To each and all of the Constables of the said Colony and to the
Superintendent of the Gaol.

Information having been laid [or complaint having been made or C.D. having been
charged] before the undersigned, a Magistrate of the said Colony, for that [as in the
summons or warrant]; and the said C.D. being now brought before me as such
Magistrate as aforesaid under and by virtue of a warrant upon such information [or
complaint or charge]: These are, therefore to command you, the said Constables in
His Majesty's name, forthwith to convey the said C.D. to the said Gaol and there to
deliver him to the Superintendent thereof, together with this precept and you, the
said Superintendent, to receive the said C.D. into your custody in the said Gaol, and
there safely to keep him until day, the day of
, 19 , when you are hereby commanded to convey and have him at the said
Police Court at o'clock in the noon of the same day, before such
Magistrate as may then be there, to answer to the said information [or complaint or
charge], and to be further dealt with according to law.

Dated this day of , 19 .

[L.S.] (Signed.) Magistrate.




FORM No. 13. [ss. 29 and 72.]
Minute and Depositions of Witnesses.
HONGKONG IN THE POLICE COURT AT

Rex, on the information [or complaint] of A.B., versua C.D., &C.

Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said Police
Court.

The examination of E.F., of [merchant], and G.H., of
[coolie], taken upon oath [or declaration] this day of ,19 ,
at the sald Court before the undersigned, a Magistrate of the said Colony, in the
presence and hearing of C.D. against whom information is laid [or complaint is made
or who is charged] by A.B. this day before for that he, the said C.D., on the
day of ,19 ,at [describing the offence as in the
information, summons, or warrant of committment].

This deponent E.F. upon his oath [or declaration] saith as follows : [stating the
deposition of the witness ae nearly as possible in the words he uses. When his de.
position is complete, if the offence is an indictable one, let him sign it].

And this deponent G.H. upon his oath [or declaration saith as follows: (etc.).

The above depositions of E.F. and G.H. were taken [and sworn] before me at
on the day and year first above mentioned.

[L.S.] (Signed.) Magistrate.

NOTE---Where a fine is inflicted a memorandum of penalties paid into Court shalI be
added.

Form No. 14.

Conviction for Finc, etc., to be levied by Distress, and, in Default of
sufficient Distress,Imprisonment.
HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said Police
Court.

The day of ,19 .

C.D. (hereinafter called the defendant) is this day convicted before the said Court
for that he, oil the day of ,19 ,at
[state offence]; and it is adjudged that the defendant for his said offence do forfeit
and pay the sum of [state the fine, and also tho compensation, if any] to be paid and
applied according to law and also do pay to the said A.B. the sum of
for his costs in this behalf; and if the said several sums be not paid forthwith [or on
or before the day of ,,19 ,]* it is further ordered that
the same be levied by distress and sale of the defendant's goods and chattels, and, in
default of sufficient distress,it is adjudged that the defendant be imprisoned in
the Gaol in the said Colony, [and there kept to hard labovr] for the space of
, unless the said several sums and all costs and charges of the said distress
[and of the commtitment and conveying of the defendant to the said Gaol] ,shall be
sooner paid.
[L.S.] (Signed.) Magistrate.


* Or, where the issuing of a distress warrant would be ruinous to the defendant or
his family, or it appears thal he has no goods whercon to levy a distress, or where,
in the opinion of the Magistrate,it is inexpedient to issue such warrant of distress,
then instead of the words between the asterisks * * say,'then,inasmuch as it has
now been made to appear to me that the issuing of a warrant of distress in this
behalf would be ruinous to the defendant and his family, [or ' that the defendant has
no goods or chattels whereon to levy the said sums by distress ' or ' then inasmuch
as I deem it inexpedient to issue such warrant of distress'].






FORM No. 15. [ss. 23 and 35.]

Conviction for Fine, to be levied by Distress, and, in Default of sufficient Distress,
imprisonment. Payment forthwith or by a given day or by Instalments.

HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire,a Magistrate of the said Colony,sitting at the said Police
Court.
The day of ,19 .
C.D. (hereinafter called the defendant) is this day convicted before the said Court
for that he, on the day of ,19 ,at
[state offence] ; and it is adjudged that the defendant do for his said offence forfeit
and pay to the Magistrate's Clerk [or other the person to whom payment is to be
made] at the sum of [amount of fine] and do also pay to the said
A.B. the sum of for compensation [if awarded] and
for costs [or without costs. ]
And it is ordered that the said sums be paid forthwith [or on the day of
,19 , or by instalments of for every
days, the first instalment to be paid forthwith or on the day of
19 ,] and if delault is made in payment accorcling to this adjudication and order,
it is ordered that the sums due thereunder be levied by distress and sale of the
defendant's goods; and, in default of sufficient distress, it is adjudged that the de-
fendant, be imprisoned in the Gaol in the said Colony [and there kept to hard
labour]for the space of ,unless the said sum,and all costs and charges
of the said distress, shall be soorer paid.

[L.S.] (Signed.) Magistrate.

* Where the fine does not exceed $2 omit the direction to pay costs, and insert the
words ' without costs,' unless costs are expressly ordered.

FORM No. 16. [ss. 23, 35 and 39 ]
Conviction for Fine and,in default of Payment,Imprisonment.
HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said Police
Court.
The day of ,19 .
O.D. (hereinafter called the defendant) is this day convicted before the said Court
for that he, on the day of ,19 ,at
[state offence] : and it is adjudged that the defendant for his said offence do forfeit and
pay the sum of [state the fine and the compensation, if any], to be paid and applied
according to law, and also do pay to the said A.B. the sum of to be
pail for his costs in this behalf; and if the said several sums are not paid forthwith
[or on or before the day of ,19 ] it is further
adjudged, that the defendant be imprisoned in the Gaol in the said Colony and
there kept to hard labour [if so adjudged] for the space of unless the said
several sums shall be sooner paid.

[L.S.] (Signed.) Magistrate.

FORM No. 17. [ss. 23 and 35.]
Conviction for Fine, and, in Default of Payment, Imprisonment.
Payment forthwith, or by a given day, or by Instalments.
HONGKONG IN THE POLICE COURT AT
Before Esquire, a Magistrate of the said Colony, sitting at the said Police
Court.
The day of ,19 .
G.D. (hereinafter called the defendant) is this day convicted before the said Court
for that he, on the day of ,19 ,at





[state offence] ; and it is adjudged that the defendant do for his said offence forfeit
and pay to the Magistrate's Clerk [or other the person to whom payinent is to be
made] at the sum of [amount of fine], and do also pay to the said A.B.
the sum of for compensation [if awarded] and for costs [or
without costs.*]
And it is ordered that the said sums be paid forthwith [or on the day of
,19 , or by instalments of for every
days, the first instalment to be paid forthwith ar on the
day of ,19 ] ; and if default is made in payment accord-
ing to this adjudication and order, it is adjudged that the defendant be imprisoned in
the Gaol in the said Colony and there kept to hard labour] for the space of
unless the said sums shall be sooner paid,

[L.S.] (Signed.) Magistrate.

Where the fine does not exceed $2, omit the direction to pay costs, and insert the
words 'without costs' unless costs are expressly ordered.

FORM No. 18. [ss.23 and 35.]
Conviction when the Punishment is by Imprisonment.Costs.
HONGKONG. IN THE POLICE COURT AT



Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said Police
Court.
The day of ,19 .
C.D. (hereinafter called the defendant) is this day convicted before the said Court
for that he, on the day of ,19 ,at
[state offence] ; and it is adjudged that the defendant for his said offence be imprisoned
in the Gaol in the said Colony [and there kept to hard labour], for the space of
; and it is also adjudged that the defendant dolpay to
the said A.B. the sum of for his costs in this behalf, and if the
said sum for costs be not paid forthwitli [or on or before the day Of
,19 ,]* then it is ordered that the said sum be levied by distress and sale
of the goods and chattels of the defendant and, in default of sufficient distress in that
behalf, it is adjudged that the defendant be imprisoned in the said Gaol [and there
kept to hard labour] for the space ofto commence at and
from the termination of his imprisomnent aforesaid, unless the said sum for costs
shall be sooner paid.
[L.S.] (Signed.) Magistrate.

* Or, where the issuing of a distress warrant would be, ruinous to the defendant or
his family, or it appears that he has no goods whereon to levy a distress, then, instead
of the words between the asterisks * * say, 'inasmuch as it has now been made to
appear to me that the issuing of a warrant of distress in this behalf would be ruinous
to the defendant and his family,' [or 'that the defendant has no goods or chattels
whereon to levy the said sum for costs by distress.']

FORM No. 19. [ss. 23 and 35.]
Conviction where Punishment is by Imprisonment.-No Costs.
HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said Police
Court.
The day of ,19 .
C.D. (hereinafter called the defendant) is this day convicted before the said Court
for that he, on the day of ,19 ,at
[state offence] ; and it is adjudged that the defendant for his said offence be imprison-
ed in the Gaol in the said Colony [and there kept to hard labour] for the space of

[L.S.] (Signed.) Magistrate.






FORM No. 20. [ss. 23 and 35.]
Conviction or Order where Security is to be given for Payment.
HONGKONG. IN THE POLICE COURT AT
[Proceed as in ordinary conviction or order down to direction as to time of payment
inclusive, and then, instead of inserting any direction as to distress or imprisonment,
proceed as follows]- ' and it is ordered thM be at
liberty to give, to the satisfaclion of a [or such person as may be
security in the sum of with two suretics [or one surety] in
the sum of [each]for the payment of the said sum as above directed.

(Signed.) Magisitrate.

Form No. 21. [ss. 21, 23 and 85]
Conviction where Defendant is discharged conditionally on giving Security
to appear or to be of Good Behaviour.
IN THE POLICE COULT AT
Before J.P Esquire, a Magistrate of the said Colony, sitting at the said Police
Court.
The day of 19
;C.D. (hereinafter called the defendant) is this day convicted before the said Court
.for that,he, on the day of ' 19 ' at
[state offence but being of opinion that the said offence mas of so trifling a nature
that it is inexpendient to infliet any punishment [or any other than. a nominal punish-
ment , and the defendant having given security, to my satisfication [or to the satisfac-

tion of J.P., Esquire, a Magistrate, &c.] to appenr for sentence when called upon [or
to be of good behaviour , lie is discharged; and it is ordered that the defendant do
pay, to the said A.B. for damages and for costs [if so ordered]
forthwith [or on or before the day of' 19 1 or by
instalments of for everydays, the first instalment to be paid on
or before the day of
made [proceed as in conviction to be levied by distress.]

(Signed.) Magistrate.

Form No. 22. [s. 23.]
Order for Payment Of Money, and, in Default of
IN THE POLICE COURT AT
Before J.P., Esquire, a Magistrate OF the said Colony, ah tho said Police
Court.
The day of
A.B. having made complaint that C.D. (hereinafter called the defendant) [state the
facts entitling the complainant to the order with the time and place when and where
they occurred], and the parties aforesaid having appeared for the said A.B. having,
appeared but the defendant, although duly called, not having appeared by himself or
his counsel, and it being now satisfactory- proved to me upon oath [or declaration]
that the defendant has been duly served with the summon,; in this behalf, which
required him to be and appear here on this day before such Magistrate as might now
be here, to answer to the said Complaint and to be. further dealt with according to
law] ; and now, having heard the matter of the said complaint, it is adjudged and
ordered that the defendant do pay to the soid A.B. the sum of forthwith,
[or on or before the day of ' 19 or as the
Ordinance or statute may require~, and also do pay to the said A.B. the sum of
for his costs in bil behalf; and if the said several sums are not paid
folthwith [or on or before the day of ' 19 ] it
is adjudged that the defendant be imprisoned in the Gaol in the said Colony [and
there kept to hard labour] for the space of unless the said,






several sun-is shall be sooner paid.

As amended by No. 50 of 1911.
(Signed.) Magf81ratc.





Fown No. 23.

Order for Payment of Money to be levied by Distress, and, in
Defalut of Distress, Imprisonment.
HONGKONG. IN The POLICE COURT 41

Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said Police
court.
[s. 23.1

The day of ' 19
A.B. having made a complaint that C.D. (hereafter called the defendant) [stale
the facts entitling the complainant to the order, with the time and place when and
where they occurred]; and the parties aforesaid having appeared [or the said A.B.
haviuS appeared, but the defendant, although duly called, not having appeared by
himself or his counsel, and it being now satisfactorily proved to me upon oath [or
declaration] that the defendant has been duly served with the summons in this behalf,
which requireld him to be and appear here on this day before such Magistrate as might
now be here, to answel. to the said and to be further dealt with according
to law] ; aud now, having heard the matter of the said complaint, it is adjudged and
ordered that the defendant do pay to the said A.B. the sum of forthwith, [or
on or before the day of ' 19 or as the
Ordinance or statute may require] , and also do pay to the said AB, the sum of
for his costs in this behalf; and if the said several sums are not paid forthwith
[or on or before the day of ' 19 ] * it is ordered
that the same be levied by distross and sale, of the defendant's -goods and chattels,'
and, in default of sufficient distress in that behalf * it is adjudged that the defendant
be imprisoned in the Gaol in the said Colony [and there, kept to hard labour] for
the space of , unless the said several sums, and all costs and
charges of the said distress, shall be sooner paid.

[L.S,l
(,Signed.) Magistrate.'

Or, whore the issuing of a distress warrant would be ruinous to the defendant or
his family, or it appears that no has no goods whereon to levy a distress, then, instead
of the words between the aslerishs, *' * say, ' then, inasmush as it has now been
made to appear to me that the issuing of a warrant of distress would be ruinous to
the defendant and his family ' [or 11 that the defendant has no goods or chattels
whereon to levy the said sums by distress'].

_No. 24.

HONGKONG.
.[ss. 23 and 4S.]

Order for any matter (other than the Payment of a Civil Debt) where
Disobedienco, to the Order is punishmnet by Imprisonment

. IN TUE POLICE COURT AT

Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said Police
Court.
The day of
' 19

A.B., having made a complaint, that C.D. (hereinafter called the defendant) [state,
the facts entitling the complainant to the order, with the time and place when and
where they occurred] ; and the parLies aforesaid having appeared [or the said A.B.
having appeared but theduly called, not having appeared by
himself or his counsel and it being, now satisfactorily proved to me upon oath [or
declarationj that the defendant has been duly served ivith the summons in this behalf
which required him to be and appear here on this, day before such Magistrate as might
now be here, to answer to the said complaint, and to be further dealt with according
to lawl and now, having heard the matter of the said coniplaint, it is adjudged and
ordered that the defendent do [state the matter required to be donel; and if, on a
copy of a minute of this order being- served on the defendant, either personally or by
leaving it for him at his, last or mosh usual place of abode, he refuse or neglects to
obey this order, then it is adjudged that the defendant for such his disobedience be

f Aa amended by No. 50 of 1911.





imprisoned in the Gaol in the said Colony [and there kept to hard labour] for the
space of unless the said order shall be sooner obeyed [if the Ordinance
or statute authorises this] : and it is also adjudged and ordered that the defendant
do pay to the complainant the sum of for his costs in this behalf forth-
with [or on the day of ' 19 , or. by instalments,
etc.] ; and if default is made in payment according to this adjudication and order,
it is ordered that the sum due thereunder be levied by distress and sale of the de-
fendant's goods; and, in default of sufficient distress, it is adjudged that the defendant
be imprisoned in the said Gaol [and there kept to hard labour] for the space of
to commence at and from the termination of his imprisonment aforesaid,
unless the said sum, and all costs and charges of the said distress, shall be sooner
paid.

(Signed.) Magilltrate.

Fonm No. 25. [ss. 15 and 23.1

Order of Dismissal of an Information or Complaint.

HONGKONG . IN THE POLICE COURT AT

Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said Police
Court.

The day of

Information was laid [or complaint was made] before the undersigned for that, etc.
[as in the summomns to the defendant] and both the said parties having appeared before
me in order that I should hear and determine the said information [or complaint], [or
the defendant having appeared before me, but the said A.B., although duly called, not
having appeared] ; and the matter of the said information [or complaint] being by me
duly considered, it manifestly appears to me that the said information [or complaint]
is not proved, and, it is therefore dismissed; and it is adjudcd that the said A.B.
do pay to the defendant the sum for his costs incurred by
him in his defence in this behalf; and if the said sum for costs is not, paid forthwith
[or on or- before the day of' 19 1 it is ordered
that the same be levied by distress and sale of the goods and chattels of the said
A.B., and in default of sufficient that behalf it is adjudged tbat the said
A.B. be imprisoned in the Gaol in the said Colony [and there kept to hard labour]
for the space of 1
charges of the said distress, shall be sooner paid

Form No. 26. [ss.23 and 31.1

Order dismissing Information or Complaint and directing
Person charged to Pay Damags.

IN THE POLICE COURT AT

Before J.P.' Esquire, a Magistrate of the said Colony, sitting' at the said Police
Court.

The day of ' I ~)

C.D. (hereinafter called the defendant) has been charged on the information [or
complaint] of A.B. for that lie, on the day of ' 19 1
at [state offence]; and being of opition that: though the said charge is
proved, the offence was of so triffing a nature that it is inexpedient to inflict any
puridshment, I do therefore hereby dismiss the said information [or complaint].

[If payment of damagcs or costs is ordered procced as follows :-- and
it is ordered that the do pay to the A.B. for damages and
for costs; and it is ordered that the said sums be paid forthiwith for







* As amended by No. 50 of 1911.






on or before the day 10 or by instalment~5
of for every days, the first histalinent to be paid forthwith,
or on or before 19 ] : and if default
is made [proceed as in form of conciction for fine to be levied by distress]

(Signed.)

Foun No. '27. [S S.23 and 50.1
Order to enter into Recognizance to keep the Peace or to be of Good Behaviour.'
HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said police
Court
The day of
A,B. having made complaint that C.D. (hereinafter called the defendant) [state
the facts entitling the complainant to the order, with the time and place-when and
where they occured; and the defendant having appeared, and on hearing the matter
of the complaint, it is this day and ordered that. the defendant do forthwith
duly outer into a 121 the sum of with suret ' in
the sum of [each to keep the peace and be of good behaviour towards his
Majesty and all his liege people, and especially towards the complainant,for the term
of now next ensuing : and, if the defendant fails to comply with thhs
oi.der it is adjudged that he be imprisoned in the Gaol in the said Colony for the space
of , unless he shall sooner comply with this order.

[If costs are ordered procecd as following] :-
and it is also adjudged and ordered that the defendant do pay to the said A.B sum
of for costs forthwith [or on or before the day of
' 10 ' or by instalement etc] ;
and if default is made in payment according to this adjudication and order, it is
ordered [proceed as in form of conviction for fine to be louied by distress.]

(Sigiled.) Magistrate.

Foinn No. 28. [ss. 23, 50 and 64.]Recognizance conditioned to lecep the Peace or to be of Good Behavgour.
or not to do or commit some Act or Thing.
We the undersigned C.D., of , E.F., of , ' ', and G.H.' of
severally acknowledge ourselves to owe to Our Sovereign Lord the; King
the several sums following, namely, the said C.D. as principal the sum of .. , -
and,the.said E.F. and G.H. as sureties the sum of each, to be levied on our
several goods, lands, and tenements. it ~he said C.D. fails in the condition hereon
indorsed.
(where not taken orall111).

Taken (orally) before me the 01

. [L..S.1C D., Defendant.
F.; Sureties.
0. H., 1
' 1,9

CONDITION INDORSED.


The condition of the within-written recomgnizance is such that if the within-bounden
C.D. keeps the peace and is of good behavour toi.auds His Majesty and all his liege
people, aud especially towards ' of ' for the term of
now next ensuning [or abstainds from doing the thi g forbidden or as the case may be]
then the said recognizance shall be vold, but otherivise shall remain in full force.

N 0TE-Where the recognizance is talcen orally, omit the words ' the uiiclersigILG(I,'
and insert the word ' orally ' after ' taken. '

As amended by No. 50 of 1911 and No. 51 of 19111





From No. 29. [ss. 23 and 54.]
summons to Person bound by Recognizance which is alleged to have
been forfeited by Conviction of Principal.
IN THE POLICE COURT AT

To 0. D. of
You are hereby summoned to appear before me, the undersigned, a Magistrate Of
the said Colony sitting at , on the day of, 19
at o'clock in the noon or before such Magistrate as may then be
there, to show cause why the recognizance entered into on the day of
19 , whereby you are bound to pay the sum of
should not be adjudged to be forfeited, and why you should not be adjudged to pay
that sum.
Dated this day of
19

[L.S]


(Signed.) Magistrate.

FORM NO. 30. [ss. 23 and 54.]
Adjudication of Forfeitare recognizance where Person bound as Principal
has been convicted of an Offenceis a Breach of the Condition.
HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said Police
Court..
The day of
C.D. (hereinafter called the defendent) was by his recognizance entered into the
day of
condition of the recognizance being that of

19 , bound in the sum of
the
condition on of recognizance ; should [state
condition of recognizance]and proof having been given that the said has
been convicted of the offence of having [state offence] , being an offence which is in
law a breach of the condition of the recognizance; Therefore it is adjudged that
the said recognizance is forfeited, and that the defendant do pay to the Magistrate's
Clerk [or other person specified] the said sum of and do also pay to
the sum of costs; and it is ordered that the said sums
be paid forthwith [or on or before the day of ' 19 ]
or by instalments of for everydays, the first instalment to be
paid forthwith or on or before the day of ' 19 '] ;
and if default is made in payment according to this adjudication and order, it is
ordered [procerd as in conviction for time to be leved by distress.]
IL.S.1
(Signed.)
Magistirate.

[ss. 23 and 54.1
Form No. 31. 1
Order cancelling or Magisting Forfeiture of Recognizance-
(TO be indorsed on Recognizance).
HONGKONG. IN THE POLICE COURT AT


Before J.P., Esquire, a Magistrate of the said Colony. sitting aL the said Police
Court.
A warrant of distress was, on the day of19 issued
for levying the sum of declared to be forfeited under the within-written






recogunizauce, but no goods have been sold thereunder; and the said has
applied to me, the undersigned, to cancel [or mitigate]. the forfeiture of the said
recognizince, and has given security to my satisfaction for the future performance of
thp condition of the said recognizance, all has paid [or given security for payment
of] the Costs incurred in respect of the forfeiture thereof [or insert such other condition
as theMagistrare may think just] : Therefore the said forfeiture is hereby cancelled
or Mitigated to the sum Of

Dated this day of
[L. S. 1.
' 19

(Signed.) Magistrate.


Form No. 32 [ss.23 and 51.]
Summons to attend an application for carying or dispensing with suretics.
HongKong. In the police court at
to A.B. of
You are hereby summoned to appear before Magistrate of the said colony sitting
at on day the day of , 19 , at
o'cloce in the noon, to show cause why the amount for
which it is porposed that the suret of should be bound
should not be reduced or why the obligation of to find a surety or
sureties should not be dispensed with.
FORM No. 33
Order varying order for Suretics.
HONGKONG. IN THE POLICE COURT AT
Before JP Esquire, a Magistrate of the said Colony, sitting at the said Police
Count,
The day of , 19.
CD has been, under a warrant of commitment dated the day of
19, and issued by this by this Court committed to prison for default in finding sureties
[or a surety] in the sum of, and, on new evidence having been produced
to me or on proof of a change of circumstances having been given to me, it seems
to me just to vary, in manner hereinafter appearing, the order under which the said
warrant was issued: Therefore it is ordered that the amount for which it is proposed
that the surety or sureties of the said CD should be bound be reduced to
or that the obligation of the said CD to find a surety or sureties be dispendsed with
or as may be directed.
Form No 34
Oral or written Acknowledgment of Undertaking to pay a
sum adjudged by a Conviction.
HONGKONG. IN THE POLICE COUNT AT
CD hereinafter called the defendant was this day or was on the day of
19, convicted before the said Court for that he, on
the day of , 19 , at
and it was adjudged by the said conviction that the defendant should pay
as in the conviction ; and it was thereby ordered that the defendant should be at
liberty to give, to the satisfaction of a Magistrate of the said Colony, or as in the
conviction security in the sum of with suret in the sum of
each for the payment of the said sum at the time and in the manner by the said
conviction directed: Now therefore I, the said defendant, as principal, and we, EF
of , and GH of, as sureties or IEF of
as surety hereby undertake that the defendant will pay the sum adjudged by the said
conviction at the time and in the manner thereby directed; and I, the said defendant,
and we or I, the said sureties or surety, hereby severally acknowledge ourselves
bound to forfeit and pay to the Magistrate's Clerk or other person specified the sum
of in case the defendant fails to perform this undertaking
(Signed.) (where not taken orally)
taken (orally) before me the day of, 19.
(signed.) Magistrate.



FORM NO. 35
Oral or written Acknowledgment of Underlaking to perform
Condition of Forfeited Recognizance.
HONGKONG. IN THE POLICE COURT AT
CD was by his recognizance entered into the day of, 19
bound in the sume of , the condition of the recognizance being that
should state condition of recognizance; and , default having been made in
the performance of this condition, the recogniznace was on the day of
19, declared to be forfeited, and the said CD not having paid the said sum, a
warrant of distress was on the day of, 19, issued for
recovery thereof, but no goods have been sold under the warrant, and the said CD
has applied to the undersigned Magistrate of the said Colony to cancel or mitiigate the
forfeiture: Now therefore I, the said CD as principal, and we EF of ,and
GH of or I, EF, of as sureties or surety, hereby undertake
that the condition of the said recognizance shall be duly performed, and that the said
shall, on or before the day of, 19, pay the sum of
for costs incurred in respect of the said forfietyre; and I, the said
principal, and we or I the said sureties or surety, hereby severally acknowledge
ourselves bound to forfeit and pay to the Magistrate's Clerk or other person specified
the sume of in case the said principal fails to perfor the condition of the said
recognizance.
(signed.) (where not taken orally)
Taken (orally) before me the day of
FORM No. 36
Declaration of Service of Summons or other Document.
i , of, hereby solemnly declare that I did, on day, the
day of, 19, serve, of with the
warrant, summons, notice, process, or other document now shown to me, marked A,
by delivering a true copy thereof at being his last or most
usual place of abode.
Taken the day of, 19, before me.
(signed.) Magistratc. or Juatice of the Peace.
FORM No. 37
Declaration as to Handwriting and Scal.
I, of, hereby solemnly deciare that the signature to the
document now produced and shown to me, and marked A is in the proper hand-
writing of, of, and that the seal on the said
document is the proper seal of
Taken the day of, 19, before me.
(signed.) Magistrate. or Justice of the peace
FORM No. 38
Order for Restitution of Property
HONGKONG IN THE POLICE COUNT AT
Before JP Esquire, a Magistrate of the said Colony, sitting at the said Police
Court.
the day of , 19.
C.d. was charged before me, a Magistrate of the said Colony, for that he, on the
day of , 19, at




describe goods as in conviction], and having dealt with the case summarily, the said
C.D. has been this day convicted before me of the offence with which he was so
charged; and it is proved to me that the said goods are now in the possession of
, of :Therefore it is hereby ordered that the said
do forthwith restore Oic said goods to the said ,the
owner thereof.

[L. S.] (Signed.) Magistrate.
FORM No. 39. [s.15.]
I hereby certify that an information [or complaint] preferred by A.B. against C.D.,
for that [etc., as in the summons to defendant],was this day considered by me,a
Magistrate of the said Colony,and was by me dismissed [with costs.]
Dated this day of ,19 .
[L.S.] (Signed.) Magistrate.

FORM No.40. [s.39.]
Warrant of Dismiss on Conviction for Fine,with or without Costs
or Damages,or for Costs or Damages without Fine.
HONGKONG. IN THE POLICE COURT AT
To [insert name,etc.,of Officer where the person execution is not a Constable]and
to each and all of the Constables of the said Colony.
C.D. (hereinafter called the defendant)was on the day of ,
19 ,convicted before the said Court for that he,onb the day of ,
19 mat [state offence];and it was adjudged that the defendant should
for his said offence forfeit and pay [amount of fine],and should also pay to the said
the sum of for compensation and for costs and it
was ordered that the said sums shpuld be paid [etc., as in the conviction];and that
it default should be made in payment according to the said adjudication and order.
the sum due thereunder should be levied by distress the sale of the defendant's goods;
and default has been made in payment according to the said adjudication and order:
Therefore you are hereby commanded to make forthwith distress of the goods of the
defendant (except the wearing apparel and bedding of him and his family,and to the
value of $25,the tolls and implements of his trade); and if,within the spacr of
days next after the making of such distress,the sum of
being the sum stated at the foot of this warrant to be due under the said adjudication
and order,together with the reasonable costs and charges of the making and keeping
of the said distress be not paid,then to sell the said goods by you distrained,and pay
the money arising therefrom to the Magistrate's Clerk,in order that it may be applied
according to law,and that the overplus,if any,may be rendered on demand to the
defendant;and if no such distress can be found,to certify the same to the said Court,
in order that further proceedings may be had according to law.
Dated this day of ,19 .
[L.S.] (Signed.) Magistrate.



FORM No.41. [s.39.]
Warrant of Distress on an Order for the Payment of any Sum of Money.
HONGKONG. IN THE POLICE COURT AT
To [Insert name,etc., of Officer where the person executing is not a Constable]and
to each and all of the Constables of the said Colony.
On the day of ,19 ,it was adjudged and ordered by the
undersigned [or J.P., Esquire,] a Magistrate of the said Colony,that C.D. (hereinafter
called the defendant)should pay to the sum of and the sum of
for costs [or as the case may be],on or before the day of
,19 ,[or as ordered];and that,if default should be
made in payment according to the said adjudication and order,the sum sue thereunder
should be levied by distress and sale of the defendant's goods;and default has been
made in payment according to the said adjudication and order:Therefore you are
hereby commanded [proceed as in warrant of distress on conviction for fine.]

FORM No. 42. [s.44.]
Warrant of Distress for Costs on a Conviction where the
Offence is punishable by Imprisonment.
HONGKONG. IN THE POLICE COURT AT
To [Insert name,etc., of Officer where the person executing is not a Constable] and
to each and all of the Constables of the said Colony.
C.D., of ,labourer (hereinafter called the defendant)was,on the
day of ,19 ,convicted before the said Court for
that [state the offence as in the conviction],and it was adjudged that the defendant
for his said offence should be imprisoned in the Gaol in the said Colony [and there
kept to hard labour] for the space of ;and it was also adjudged that the
defendant should pay to the said A.B. the sum of for his costs in
that behalf;and it was ordered that if the said sum of for costs
should not be paid [forthwith],the same should be levied by distress and sale of the
defendant's goods and chattels;and it was adjudged that,in default of sufficient
distress in that behalf,the defendant should be imprisoned in the said Gaol[and there
kept to hard labour] for the space of ,to commence at and from
the termination of his imprisonment aforesaid,unless the said sum for costs,and all
costs and charges of the said distress,should be sooner paid;but the defendant having
made default in the payment of the said sum of for costs:
These are,therefore,to command you,in His Majesty's name,that you forthwith make
distress of the defendant's goods and chattels,and if,within the apace of
days next after the making of such distress the said last-mentioned sum,together with
the reasonable charges of taking and keeping the said distress,shall not be paid,that
then you sell the said goods and chattels so by you distrained,and pay the same as by law
directed,and may render the overplus,if any,on demand,to the defendant,and,if
no such distress can be found,that then you certify the same to the said Court,in
order that further proceedings may be had according to law.
Dated this day of ,19
[L.S.] (Signed.) Magistrate.
FORM No. 43. [s.44.]
Warrant of Distress for Costs on an Order where the Disobeying
of the Order is punishable with Imprisonment.
HONGKONG. IN THE POLICE COURT AT
To [Insert name,etc., of Officer where the person executing is not a Constable] and
to each and all of the Constables of the said Colony.
On the day of ,19 ,complaint was made before
the undersigned [or J.P.,Esquire,] a Magistrate of the said Colony,for that [etc.,as
in the order] and on the day of ,19 ,at ,
the said parties having appeared before me,[or the said J.P., Esquire,or as it may




be in the order] upon consideration of the matter of the said complaint, it was adjudged
that the defendant should [etc., as in the order] ; and that if, upon a copy of the
minute of that order being served on the defendant either personally or by leaving
the same for him at his last or most usual place of abode he should refuse or neglect
to obey the same, the defendent for such his disobedience should be imprisoned in
the Gaol in the said Colony [and were kept to hard labour] for the space of
unless the said order should be sooner obeyed; and also that the defendant
should pay to the said A.B. the sum for his costs in that behalf ; and it was ordered that if the said snin for cosL.,., not he paid L'Io?.tlttcith' the sanie
it was ordered that if the said sum for costs should not be paid [forthwith],the same
should be levied by distress and sale of the defendant's goods and chattels; and, it
was adjudged that, in default of sufficient distress in that behalf the defendant should
be imprisoned in the said Gaol [and there kept to hard labour] for the space of
, to commence at and from the termination of his imprisonment aforesaid
unless the said sum for costs,and all cost and charges of the said distress, should
be sooner paid; and whereas after the making of the said order a copy of the minute
thereof was duly served on the defendant,but he did not then pay, nor has he pail],
the said sum of for costs but therein has made default : These are,
therefore, to command you, in His Majesty's name, that you forthwith make distress
of the defendant's goods and chattels, and if, within the space of
days next after theof such distress, the said last-mentioned sum, together with
the reasonable charges of taking and keeping the said distress shall not be paid, that
then you sell the said goods and chattels so by you distrained, and pay the money
arising from such sale to the Magistrate' s Clerk,that he may pay the same as by law
directed, and may render the overplus, if any, on demand, to the defendant, and, if
no such distress can be found, then that you certify the same to the said Court, in
order that further proceedings may be had according to law.
Dated this day of ,19
[L.S.] (Signed.) Magistrate.

FORM No. 44. [s.59.]
Warrant of Distress for Costs on an Order for Dismissal
of an Information or Complaint.
HONGKONG. IN THE POLICE COURT AT
To [Insert name,etc., of Officer where the person executing is not a Constable] and
to each and all of the Constables of the said Colony.
On the day of ,19 ,information was laid [or
complaint was made] before the undersigned [or J.P., Esquire,] a Magistrate of the
said Colony,for that [etc., as in the order of dismissal];and afterwards,on the
day of ,19 ,both parties having appeared before me [or
the said J.P.,Esquire,] and the case having been duly heard and considered,and the
said information [or complaint]not having been proved,it was therefore dismissed;
and it was adjudged that the said A.B. should pay to the defendant the sum of
for his costs incurred by him in his defence in that behalf;and it was ordered that if
the said sum for costs shouold not be paid [forthwith],the same should be levied by
distress and sale of the goods and chattels of the said A.B., and it was adjudged that,
in default of sufficient distress in that behalf,the said A.B. should be imprisoned in
the Gaol in the said Colony [and there kept to hard labour] for the space of
,unless the said sum for costs,and all costs and charges of the said
distress,should be sooner paid;and the said A.B. having now made default in the
payment of the said sum for costs:These are,therefore,to command you,in His
Majesty's name,that you forthwith make distress of the goods and chattels of the
said A.B., and if,within the space of days next after the making of
such distress the said last-mentioned sum,together with the reasonable charges of
taking and keeping the said distress,shall not be paid,that then you sell the said
goods and chattels so by you distrained,and pay the money arising from such sale to
the Mgaistrate's Clerk,that he may pay the same as by law directed,and may render
the overplus,if any,on demand to the said A.B., and if no such distress can be found,
then that you certify the same to the said Court,in order that further proceedings may
be had according to law.
Dated this day of ,19
[L.S.] (Signed.) Magistrate. FORM No. 45. [s.31.]
Warrant of Distress where the Charge is dismissed,but the person
charged is ordered to pay Damages,or Costs,or both.
HONGKONG. IN THE POLICE COURT AT
The day of ,19
C.D.(hereinafter called the defendant)was charged for that he,on the day
of ,19 ,at ,[state offence];and on the
hearing of the said charge,on the day of ,19 ,
before the undersigned [or J.P., Esquire,]a Magsitrate of the said Colony,the Magis-
trate being of opinion that,though the charge was proved,the offence was in the
particular case of so trifling a nature that it was inexpedient should pay to
*for damages and* for costs;and it was ordered that the said
sums should be paid [as in order];[Proceed as in warrant of distress on conviction
for fine.]
Where no order to pay damages,omit words between asterisks.
Where no order to pay costs,omit words between daggers.
In either case substitute 'sum' for 'sum.'

FORM No. 46. [ s.54.]
Warrant of Distress for Sum due under Recognizance declared to be forfeited.
HONGKONG. IN THE POLICE COURT AT
To [Insert name,etc., of Officer where the person executing is not a Constable] and
to each and all of the Constables of the said Colony.
C.D. was,by his recognizance entered into on the day of ,
19 ,bound in the sum of ,the condition of the recognizance being
that should [state condition of recognizance],and ,default having been
made in compliance with the said condition,the said recognizance was,on the
day of ,19 ,declared by the undersigned [or J.P.Esquire,]
a Magistrate of the said Colony to be forfeited;and the said has made
default in payment of the sum due under the said recognizance:Therefore you are
hereby commanded to forthwith make distress of the goods of the said ,
except the wearing apparel and bedding of him and his family,and,to the value of
25 dollars,the tools and implements of his trade,and if,within the space of
days next after the making of such distress,the sum of ,being the sum
stated at the foot of this warrant to be due under the said recognizance,together with
the reasonable costs and charges of the making and keeping of the said distress,be
not paid,then to sell the said goods by you distrained and pay the money arising
therefrom that the overplus,if any,may be rendered on demand to the said ,
and if no such distress is found,to certify the same to the said Court,in order that
further proceedings may be had according to law.
Dated this day of ,19 .
[L.S.] (Signed.) Magistrate.




Form No. 47. [s.54]

Warrant of Distress for Sum due under Recognizance adjudged to
be forfeited by Conviction of Principal.

HONGKONG. IN THE POLICE COUICT AT
To [Insert name, etc., of Officer where the Person executing is not a Constable] and
to each and all of the Consables of the said Colony.
C.D. (hereinafter called the defendant) was, by his recognizance entered into on the
day of , 19 , bound in the sum of ,
the condition of the recognizance being that should [state condition of
recognizance]; and the said having been convicted of the offence of
having [state offence], being an offerice, which is in law a breach of the said condition,
it was, on the day of , 19 , adjudged by the under-
signed [or J.P., Esquire,] a Magistrate of the said Colony, that the said recognizance
should be forfeited, and that the delendant should pay to the Magistrate's Clerk the
said sum of , and should also pay the sum of for costs;
and it was ordered that the Paid sum should be paid [as in order], and that, if default
should be made in payment according to the said adjudication and order, the sum due
thereunder should be levied by distress and sale of the defendant's goods; and default
has been made in payment according to the said adjudication and order : Therefore
you are hereby commanded [procced as in warrant of distress for fine].

Form No. 48. [S. 53]
Warrant of Distress for Sum due by a Principal in pursuance of a forfeited
Security for Payment of a Sum adjudged by a Conviction.

HONGKONG. IN THE POLICE COURT AT

To [Insert name, etc., of Officer where the Person executing is not a Constable] and
to each and all of the Consables of the said Colony.

C.D. (hereinafter called the defendant) was, on the day of ,
19 , convicted before the said Court for that he, on the day of
19 , at [state offence]; and it it was adjudged by the said conviction
that the defendant should pay [as in the conviction]; and it was ordered that the
defendant should be at liberty to give to the satisfaction of a Magistrate of the said
Colony [or as in the conviction], security with suret for the pay-
ment of the said sum at the time and in the manner by the said conviction directed;
and the defendant and and his surcties [or surety] undertook
that the defendant would pay the said sum at the time and in the manner so diricted,
and [serverally] acknowledged theniselves [or himself] bound to forfeit and pay to
the sum of in case the defendant failed to make payment
as so directed; and it appears to me that the sum of due by the defendant
in pursuance of the said undertaking has not been paid and has been forfeited ; and
notice of the said forfeiture bas been duly served on the defendant . Therefore you
are hereby commanded [procced as in warrant of distress on conviction for fine, sub-
for the words 'being the sum stated at the foot of this warrant to be due
mider the said adjudication and other, 'the words' being the sum stated at the foot
of this warrant, to be due in pursuance of the said udnertaking,' and stating the
amount at the foot as 'amount due in pursuance of the said undertaking.']

FORM No. 49. [s.41.]
Return to a Warrant of Distress.
HONGKONG. IN THE POLICE COURT AT

I, W.T., do lleveby Pertify to the said Court that by virtue of this Warrant I have
made diligent search for the goods and chattels of the within-mentioned defendant,
and that I can find no sufficient goods or chattels of the defendant whereon to levy
the sums within-mentioned.

Dated this day of , 19 .

(Signed.)






FORM NO. 50. [s. 47,]
Account of Costs and Charges incurred in respectof the
Execution of a Warrant of Distress.



In the Matter of an Information [or a Complaint] by

I, , of , the constable charged with the execution of the warrant
of distress upon the goods of , dated the day of ,
19 , hereby declare that the following, is a true account of the costs and charges
incurred in respect of the execution of the said warrant.
$ C.

Total .............

Form No. 51. [s. 43.]

Warrant of Commitment in the first Instance.
HONGKONG. IN THE POLICE COURT AT
To each and all of the Constables of the said Colony and to the Superintendent of
the Gaol in the said Colony.
C.D., late of , labourer, (hereinafter called the defendant) was on this day
duly convicted before the said Court for that [state the offence as in the conviction];
and it was thereby adjudged that the defendant for his said offence should forfeit and
pay the sum of , [etc., as in the conviction], and should pay to the said
A.B. the sum of for costs; and it wns thereby adjudged that, if the said
several sums should not be paid [forthwith], the defendant should be imprisoned in
the said Gaol [and there kept to hard labour] for the space of , unless
the said several sums should be sooner paid; and whereas the time in and by the
said conviction appointed for the payment of the said several sums has elapsed, but
the defendant has not paid the same or any part, thereof but therein has made default:
These are, therefore, to command you, the said Constables, to take the defendant
and convey him to the said Gaol, and there to deliver him to the said Superintendent,
together with this warrant; and you, the said Superintendent, to receive the do
fendant into your custody in the said Gaol and there to imprison him [and keep him
to hard labour] for the space of ,unless the Said several sums shall be
sooner paid; and for your so doing this shall be your sufficient warrant.
Dated the day of , 19 .

[L. 5,] (Signed.) Magistrate.


Form No. 52. [s 43.]
Warrant of Commitment on an Order in the first Instance.
HONGKONG. IN THE POLICE COURT AT
To each and all of the Constables of the said Colony and to the Superintendent of
the Gaol in the said Colony.
On the day of , 19 , complaint was made before the
undersigned, [or J.P., Esquire,] a Magistrate of the said Colony, for that [etc., as in
the order], and afterwards, to wit, on the day of ' 19
the parties appeared before me, [or J.P., Esquire] the said Magistrate, and there-
upon, having considered the matter of the said complaint, it was adjudged that the
defendant should pay to the said A.B. the sum of , on or before the
day of ' 19, and also should pay to the said A.B. the sum of
for costs,; and it was also thereby also thereby adjudged that, if the said several sums
should not be paid on or before the, day of ' 19 , the
defendant should be imprisoned in the said Gaol [and there kept to hard labour] for







As amended by No. 50 of 1911.
As amended by No. 50 of 191l and No. 1 of 1912.





the space of, unless the said several sums should be sooner paid; and where
as the time in and by the said order appointed for the payment of the said several
sums of money bas clapsed, but the defendant has not paid the same but therein has
made default: These are, therefore, to command you, the said Constables, to take
the defendant and convey him to the said Gaol, and there to deliver him to the said
Superintendent, together with this warrant; and you, the said Superintendent, to
receive the delendant into your custody in the said Gaol and there to imprison him
[and keep him to hard labour] for the space of , unless the said several
sums shall be sooner paid; and for your so doing this shall be your sufficient warrant.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.


Form No. 53. [ss. 41 and 42.]
Warrant of Commitment for Want of Distress.
HONGKONG. IN THE POLICE COURT AT
To each and all of the Constables of the said colony and the superintendent of
the Gaol in the said Colony.

[Proceed as in warrant of distress down to commanding part, and close thus]:
and on the day of 19 , a warrant of distress
was handed for execution to , a constable of the said Colony, com-
manding him to levy the sum of [state sum directed to be levied] by distress and
sale of the defendant's goods; and it now appears, as well by the return of the said
Constable to the said warrant of distres as otherwise, that he has made diligent
search for the defendant's goods but that no sufficient distress whereon to levy the
said sum could be found: These are, therefore, to command you, the said Con-
stables, to take the defendant and convey him to the said gaol, and there to deliver
him to the said superintendent, together with this warrant; and you, tho said
Superintendent, to receive the defendant into your custody in the said Gaol and
there to imprison him [and keep him to hard labourl for the space of
unless the said sum, and all the cost and charges of the said distress, shall be sooner
paid; and for your so doing this shall be your sufficient warrant.

Dated this day of ' 19

[L.S,] (Signed) Magistrate.

Fonm No. 54. [s. 40.]

Warrant of Commitment pending return to Warrant of Distress.
HONGKONG. IN THE POLICE COURT AT

To each and all of the Constables of the said colony and the superintendent of
the Gaol in the said Colony.

C.D. (hereinafter called the defendant) was, on the day of
19 , [or this, day] convicted before the said Court for that he [state the offence
as in the conviction] and default has been made in payment according to the said
adjudication and order; and a warrant of distress has been issued against the de-
fendant in pursuance of the said conviction, but no return has been made thereto;
and the defendant has not given sufficient security, to the satisfaction of this Court,
for his appearance at the time and place appointed for the return of the said warrant :
There are, therefore, to command you the said Constables, to take the defendant and
convey him to the said Gaol, and there to deliver hint to the said Superintendent
together with this warrant; and you the said Superintendent, to receive the defendant
into your custody in the said gaol, and there to keep and defain him until the
day of 19 . being the day appointed for the return of the
said warrant, unless he previously enters into a recognizance in the sum of $
with suret in the sum of $ [cach] conditioned for his

4: AS amended by No. ~O of 1911,
1





appearance on that day; and on that day, if such recognizance has not been entered
into, to convey and have him before a Magistrate of the Colony at the said
Police Court, at o'clock in the noon, to be further
dealt with according to law; and for your so doing this shall be your sufficient
warrant.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

Form No. 55. [s. 44.]
Warrant of Commitment on a Conviction where Disobedience tothe
Order is punishable by Imprisonment.
IN THE POLICE COURT AT
HONGKONG.
To each and all of the Constables of ihe said Colony and to the Superintendent of
the Gaol in the said Colony.

C.D. (hereinafter called the defendant) has been this day convicted before the said
Court for that be [state the offence as in the coviction]; and it has been adjudged
that the defendant be for his said offence imprisoned in the said Gaol [and there kept
to hard labour] for the space of : These ale,, therefore, to command you the
said Constables, to take the defendant and convey him to the said Gaol, and there
to deliver him to the said Superintendent, together with this warrant; and you, the
said Superintendent, to receive the defendant into your custody in the said Gaol and
there to imprison him [and keep hint to hard labour] for the space of
and for your so doing this shall be your sufficient warrant.

Dated this day of
[L.S.] (Signed.) Magistrate.




Form No. 56. [s. 44.]
Warrant of Commitment on an Order where Disobedience to the
Order is punishable by
HONGKONG. IN THE POLICE COURT AT
To each and all of the Constables of ihe said Colony and to the Superintendent of
the Gaol in the said Colony.

On the day of ' 19 , complaint was made before the
undersigned, [or J.P., Esquire,] a Magisirate of the said Colony, for that as in
the order]; and afterwards, to wit, on the day of ' 19
at, the said Parties appeared before me [or as in the order]; and
thereupon, having considered the matter of the said complaint, it was ordered that
the defendant should [as in the folder]; and it was adjudged that if, upon a copy of
the minute of that order being duly served on the defendant, either personally or by
leaving the same for him at his last or most usual place of abode, he should refuse
or negelect to obey the same, in such case the defendant for such his disobedience
should be imprisoned in the said Gaol [and there kept to hard labour] for the space of
unless the said order should be sooner obeyed: and it having been now
proved to me that, after the making of the said order, a copy of the minute thereof
was duly served on the defendant, but he then refused [or neglected] to obey the
same, and has, not as yet obeyed the same: These are, therefore, to command you,
the said Constables, to take the defendant and convey him to the said Gaol, and
there to deliver him to the snid Superintendent, fogether with this warrant; and
you, the said Superintendent, to receive the defendant into your custody in the said
Gaol and there to imprison him [and kept him hard labour for the space of ;
and for your so doing this shall be your sufficient, warrant.

Dated this day of ' 19 .

[L.S.] (Signed.) Magistrate.

* As amended by No, 50 of 1911. '
Form No. 57.
Warrant of Commitment for Want of Distress in either of the Cases
mentioned in Forms Nos.41 and 42.
IN THE POLICE COURT AT
HONGKONG.
To each and all of the Constables of ihe said Colony and to the Superintendent of
the Gaol in the said Colony.
[recite the conviction or order and then procced thus]: and whereas afterwards,
on the day of , 19 , a warrant of distress was issued
been made to appear to me, as well by the return to the said warrant of distress as
otherwise, that diligent search for the defendant's goods and chattels has been made,
but that no sufficient distress whereon to levy the sum above mentioned could be
found: these are, therefore, to command you, the said Constables, to take the defendant
and convey him to the said Gaol, and there to deliver him to the said
superintendent, together with this warrant: and you, the said superintendent, to
receive the defendant into your custody in the said Gaol and there to imprison him
[and keep him to hard labour], for the space of unless the said sum, and all
costs and charges of the said distress, amounting to the further sum of
shall be sooner paid; and for your so doing this shall be your sufficient warrant.
dated this day of , 19 .
[L.S.] (signed) Magistrate.

Form No.58.
Warrant of Commitment for Want of Distress in the Cases
in Forms No.40
[recite the order of dismissal and then procced thus]: and whereas afterwards, on
the day of , 19 , a warrant of distress was issued
against the said A.B. in pursuance of the said order; and it having been made to
apear on the day of , 19 , to me as well by the return
to the said warrant of distress as otherwise, that diligent search for the goods and
chattels of the said A.B. has been made, but that no sufficient distress whereon to
levy the sum above mentioned could be found: these are, therefore, to command
you, the said constables, to take the said A.B. and convey him to the said Gaol, and
there to deliver him to the said superintendent, together with this warrant; and you,
and there imprison him [and keep him to hard labour] for the space of ,
unless the said sum, and all costs and charges of the said distress, amounting to the
further sum of , shall be sooner paid; and for your so doing this shall be
your sufficient warrant.
Dated this day of , 19 .
[L.S.] (signed) Magistrate.

FORM NO. 59. [s.48]
warrant of commitment reducing term of imprisonment on part payment.
[adopt the ordinary form of warrant of commitment but before the commanding
part insert the following]: and on application to the said court to issue a warrant
to commit the defendant to prison for non-payment of the sum adjudged to be paid
by the said conviction[or order or for default of sufficient distress], it apperars to the
said court that, by payment of part of the said sum[or by the net proceeds of the
said distress] the amount of the sum so adjudged has been reduced to such an extent
that the unsatisfied balance, if it had constituted the orignal amount so adjudged
to be paid, would have subjected the defendant to a maximum term of imprisonment
less than the term of imprisonment to which he is liable under the said conviction
[or order]; therefore the said term of imprisonment is hereby revoked; and it is




hereby ordered that the defendant be imprisoned in the said, Gaol [and there kept to
hard laboar] for the space of [the reduced term], unless the said sum, and all costs
and charges of the said distress, if any, shall be sooner paid, and you are hereby
cominanded [proceed as in ordinary warrant of commitment, inserting reduced term of
imprisonment.



Form no. 60 [s.30.]
register of Convictions and Orders
HONGKONG. IN THE POLICE COURT AT
the day of , 19 .

PART II.
FORMS FOR RECOVERY OF CIVIL DEBTS.
FORM NO. 61. [s.55]
HONGKONG. IN THE POLICE COURT AT
Between(Adress Description) Plaintiff,
and
(Adress description). Defendant.

to , of
You are hereby summoned to apperar before such magistrate of the said colony as
may be sitting at the said court on day, the day of
19 , at o'clock in the noon, to answer the plaintiff's
claim, the particulars of which are hereto annexed.
dated this day of , 19 .
[L.s.] (signed.) magistrate.

FORM NO. 62.[s.56]
Summons to witness.
HONGKONG. IN THE POLICE COURT AT
Between(Adress Description) Plaintiff,
and
(Adress description). Defendant.

to , of
You are hereby summoned to apperar before such magistrate of the said colony as may be sitting at the said court on day, the day of
19 , at o'clock in the noon, to give evidence in the above cause on
behalf of the plaintiff[or defendant].
dated this day of , 19 .
[L.s.] (signed.) magistrate.


FORM NO. 63. [s.56]
Judgment for Plaintiff.
HONGKONG. IN THE POLICE COURT AT
before J.P., Esquire, a Magistrate of the said colony.
Between(Adress Description) Plaintiff,
and
(Adress description). Defendant.

The day of , 19 .
It is this day adjudged that the plaintiff recover against the defendant the sum of
for debt [or damages] and for costs, amounting together to the sum of
; and it is ordered that bbe defendant pay the same to the plaintiff forth.
with [or on or before the day of ' 19, or by instalments
of for everydays, the first instalment to be paid forthwith or on or
before the day of ' 19];* and if default is made in
payment according, to this adjudication and order, it is ordered that the sum due
thereunder be levied by distresH and sale of the defendant's goods. *

[L.s.] (signed.) magistrate.


If security is accepted, substitute for words between asterisks.. ' and it is ordered
that the defendant be at liberly to give, to the satisfaction of a Magistrate[or of
] security in the sum of , with one surety[or two sureties] in the
sum of [each] for payment of the said sum as above directed.'


FORM NO. 64. [s.56]
Judgment for Plaintiff.
HONGKONG. IN THE POLICE COURT AT
before J.P., Esquire, a Magistrate of the said colony.
Between(Adress Description) Plaintiff,
and
(Adress description). Defendant.

The day of , 19
Upon hearing this cause this day, it is adjudged that judginent be entered for the
defendant, and that the plaintiff pay the sum of for the defendant's costs forth
with [or on or before the day of , 19 , or by instalments
of for every days, the first instalment to be paid forthwith or on
or before the day of , 19 ];* and if default is made
in payment according to this adjudication and order, it is ordered that the sum due
thereunder be levied by distress and sale of Lhe plaintiff's goods. *
[L.s.] (signed.) magistrate.
If security is accepted, substitute for words between asterisks: ' and it is ordered
that the plaintiff be at liberty to give, to the satisfaction of a Maffistrate [or of
]security in the sum of[each] for payment of the said sum as above
directed.'
FORM NO. 65. [s.56]
Judgment summons.
HONGKONG. IN THE POLICE COURT AT
Between(Adress Description) Plaintiff,
and
(Adress description). Defendant.

The day of , 19 .
TO the above-named Defendant [or Plaintiff].

The plaintiff [or defendant] obtained an order against you, the above-named de-
fendant [or plaintiff], before the undersigned, [or J.P., Esquirej a Magistrate of the
said Colony, on the day of , 19 , for the payment of
, and you have made default in payment of the sum payable in pursuance
of the said order : Therefore you are hereby summon to appear personally before
such Magistrate of the said Colony as may be sitting at the said Court on. day
the day of , 19 ' at o'Clock in the noon, to he examined
upon oath [or declaration] by the said Court touching the means; you have or have
had since the date of the order tosatisfy the sum payable in pursuance of the said
order; and also to show cause why you should not be committed to prison for such
default.

[L.S.] (Signed.) Magistrate.

Amount of order, and costs.................. $

Paid into the Magistracy ......
Instalments not'required to
Deduct have been paid before the
date of the Summons ...........

Sum payable .....................$
Costs of this summons .................
Amount, upon payment of which no further proceedings will be
had uutil default in payment of next instalments.

FORM NO. 66. [s.56]
Order of Commitment.
HONGKONG. IN THE POLICE COURT AT
Between(Adress Description) Plaintiff,
and
(Adress description). Defendant.

To each and all of the Constables of ihe said Colony and to the Superintendent of
the Gaol in the said Colony.



The plaintiff[or defendant] obtained an order aginst the defendant [or plaintiff]
before the undersigned, [or before J.P., Equire], a Magistrate of the said Colony
on the day of , 19 , for the payment of
, and the defendant [or plaintiff] has made default in
the instance of the plaintiff[or defendant], duly issued, by which the defendant[or
plaintiff] was required to appear personaily before such magistrate of the said colony
as might to sitting at the said court on the day of , 19 ,
to be exained upon oath [or declaration] touching the means he had then or had
since the date of the order to satisfy the sum then due and payable in pursuance of
the said order, and to show cause why he should not be committed to prison for such
default; and tat the hearing of the said summons the defendant[or plaintiff] pperared
[or the summons was proved to have been duly served], and it has now been proved
that the defendant [or plaintiff] now has [or has had since the date of the said
order] the means to pay the sum then due and payable in pursuance of the said
order, and has refused [or neglected or then refused or neglected] to pay the same,
and the defendant [or plaintiff] has shown no cause why he should not becommitted
to prison; Now, therefore, it is ordered that, for such default, the defendant [or
plaintiff] be committed to prison for dayus, unless he shall sooner
pay the sum stated below as that on the paymetn of which he is to be discharged:
and you are hereby required, you the said constables, to take the defendatn [or
plaintiff] and convey him to the said gaol, and there to deliver him to said superin-
tendent, together with this order; and you, the said superintendent, to receive the
defendant [or plaintiff] and keep him safely in the said gaol for days
from the arrest under this order, or until he is sooner discharged by due course of
law.
Dated this day of ,19 .

[L.S.] (signed.) Magistrate.

Total suill payable at the time of hearing of the judguient summon.......$ c.
Hearing of summons, and costs of order ..................................

Total sum oil payment of which the prisoner will be discharged

FORM NO. 67. [s.56]
Certificate for Discharge of a Prisoner from Custody.
HONGKONG. IN THE POLICE COURT AT
Between(Adress Description) Plaintiff,
and
(Adress description). Defendant.

To the Superintendent of the gaol in the said colony.
I hereby certify that the defendant[or plaintiff], who was committed to your
custody by virtue of an order of commitment dated the day of
19 , has paid and satisfied the sum of money for the non-payment whereof he
was so committed, together with ail costs due and payable by him in respech thereof,
and may in respect of that order be forthwith discharged out of your custody.

Dated this day of , 19 .
[L.S.] (signed.) Magistrate.


* As arnended by No, 50 of 1911,

FORM NO. 68. [s.56]Distress Warrant
HONGKONG. IN THE POLICE COURT AT
Between(Adress Description) Plaintiff,
and
(Adress description). Defendant.

To each and all of the constables the said colony.

On the day of , 19 , it was adjudged and ordered by
the undeisigned, [or J.P., Esquire,] a Magistrate of the said Colony, that the de-
fendant [or plaintiff] should pay to the plaintiff [or defendant] for debt
[or damages] and for costs, amounting together to the sum of :
and it was ordered that the said sum should be paid on the day of
19 [or as in the judgment], and that, if default, should be, made in payment
according to the said adjudication and order, the sum due thereunder should be levied
be and sale of the defendant's [or plaintiff's] goods; and default has been
made in payment according to the said adjudication and order: Therefore you are
hereby commanded forthwith to make distress of the goods of the said defendant For
plaintiff], except the wearing apparel and bedding of him and his family, and, to the
value of $25 the tools and implements of his trade, and if, within the space of*
days next after the making of such distress, the sum of being
the sum stated at the foot of this warrant to be due under the said adjudication and
order: together with the reasonable charges of the mildng and keeping of the said
distress, be not paid, then to sell the said goods by you distrained, and pay, the
monev arising thereby to theClerk, in order tbat it may be applied
according to law, and tbat the overplus, if any, may be rendered on demand to the
defendant [or plainfiff] : and, if no such distress Can be found, to certify the same
to the said Court, in order that further proceedings may be had according to law.

Dated this day of , 19 .
[L.S.] (signed.) Magistrate.

Amount adjudged .......................................$ c.
Paid..................................................
Remaining due ........................................
Costs of issuing this warrant ..........................

Total amount to be levied .........................

N.B-The goods are not to be sold until after the end of 5 clear days next
following the day on which they were seized, unless the defendant otherwise consents
or unless the goods are perishable.

FORM NO. 68. [s.56]Distress Warrant
HONGKONG. IN THE POLICE COURT AT
Between(Adress Description) Plaintiff,
and
(Adress description). Defendant.
It was this day [or on the day of ' 19, ] adjudged
by the undersigned, [or J.P., Esquire,] a Magistrate of the said Colony, that the




plaintiff should recover against the defendant the sum of for debt[or
damages] and for costs, amounting together to the sum of
and it was ordered that the defendant should pay the same to the plaintiff forthwith
for every days, the first instalment, to be paid on the
day'of , 19, ] and that the defendant should be at liberty
to give, to the satisfaction of a Magistrate [or as in the judgment], Security in the
sum of , with suret in the sum of [each], for the
payment of the sum so ordered to he paid as thereby directed: Now, therefore, I,
the defendant, as principal, and we E.F., of , and G.H., of , as
sureties [or I, E.F., of as surety,] hereby undertake that the defendant
will pay the sum so ordered to be paid as thereby directed; and I, the said defendant,
and we [or I] the said sureties [or surety], hereby severally acknowledge ourselves
bound to forfeit and pay to the sum of in case the defendant fails to
perform this undedaking.

(Signed.)(where not taken orally)
C.D. Delendant.
E.F. Suretics.
G.H.
Taken [orally]before me the day of , 19 .

(Signed.) Magistrate.

PART III.
FORMS FOR INDICTABLE OFFENCES.
Form No. 70. [s. 73.]
Caution to and Statement by Accused.
HONGKONG. IN THE POLICE COURT AT


Before J.P., Esquire, a Magistrate of tile said Goiony.

C.D, (hereinafter called the accused) stands charged before the undersigned, a
Magistrate of the said Colony, for that he, on the day of ,
19 ,at [etc, as in the heading to the depositions] and the said charge
being, read to the accused and the witnesses for tile prosecution E.F. and G.H. being
severally examined in his presence, the accused is now addressed by me as follows ;
'Having heard the evidence, do you wish to say anything in answer to the charge?
You are not obliged to say anything unless you desire to do so; but whatever you say
will be taken down in writing, and may be given in evidence against you upon your
trial'; whereupon the said C.D. saith as follows

[Here state whatever the prisoner may say, and in his very words as nearly as
possible. Get him to sign it, if he will.]

The day of , 19 .
(Signed.) C.D.
Taken before me at the day and year last above written.

(Signed.) Magistrate.

[Form No. 71, rep. No. 8 of 1912 s. 19.]

Form No. 72. [s.75]
Recognizance to prosecute or give Evidence.
HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a Magistrate of the said Colony,
the day of , 19 .




A.B., of , personally came before me, the undersigned, and acknowledged him-
self to owe to Our Sovereign Lord the King the sum of , to be made and
levied on his goods and chattels, and tenements, to the use of Our Sovereign
Lord the King, his heirs and successors, if he, the said A.B., shall fall in the con-
dition indorsed.

Taken cmd ackilowledged before me at the day and year first above
mentioned.

[L.S.] (Signed.) Magistrate.

If therefore he, the said A.B., shall appear at the nextor as may be] Criminal
Sesision of the Supreme Corut, and there prefer or cause to be preferred against the
said C.D., an indictment for the offence aforesaid, and there also duly prosecute such
indictment, then the said recognizance to be void, or else to stand in full force and
virtue.

[Where the condilion is to prosceute and give evidence, add
after the words 'Supreme Court']
'And there prefer or cause to be preferred an indictment against the said C.D.,
for the offence aforesaid, and duly prosectue such indictment, and give evidence
thereon to the Suprerme Court and Jurors on the trial of the said C.D., then the said
recognizance to be void, or else to stand in full force and virtue.'

[Where the condilion is to give evidence only, add after the
words 'Supreme Court']

'and there give such evidence as he knoweth on an indictment to be then and
there preferred against the said C.D. for the offence aforsaid to the Supreme Court
and Jurors on the trial of the C.D., then the sald recognizance to be void, or
else to stand in full foree and

Form No. 78.
Notice of the said Recognizance to be given to the Prosecutor
and his Witnesses

HONGKONG. IN THE POLICE COURT AT

Take notice that. you, A.B., of , are bound in the sum of
to appeal at the next Criminal Session Of the Supreme Court[Or is the case may be],
and then and there prosecute and give evidence [according to the condition]against
C.D., and unless; you then appeal there and prosecute and give evidence accordingly,
the recognizance entered into by you will be forthwith levied on you.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.


Form No. 74. [s. 75.]

Commitment of Witness for refusing to enter into the Recognizance.
HONGKONG. IN THE POLICE COURT AT
To eachand all of the Constables of the said Colony and to the Superintendent of
Gaol in the said Colony.
Whereas C.D. was lately charged before the undersigned, a Magistrate of the said
Colony, for that [etc., as in the summuns to the witness]; and if, having been made
to appear to me upon oath that E.F., of , was likely to give material
evidence for the prosecution, I duly issued my summons to the said E.F., requiring
him to be and appear before me on the day of ,19 , at , or



* As amended by No. 51 of 1911.





before such other Magistrate as should then be there, to testify what he should know
concerning the said charge so made against the said C.D. as aforesaid; and the said
E.F. now appearing before me [or being brought before me by virtue of a warrant in
that behalf] to tetify as aforesaid has bcen now exantined by ine touching the pre-
mises, but being by me required to enter into a recognizance conditioned to give
evidence, against the said C.D., has now refused so to do : These are, therefore, to
command you the said Constables, to take the said E.F. and him safely to convey to
the gaol and there deliver him to the said superintendent, together with this pre-
cept : and you the said superintendent, to receive the said E.F. into Your Custody
in the said Gaol and there to imprison and safely keep him until after the trail of
the said C.D. for the offence aforesaid, unless in the meantime the said E.F. shall
duly enter into such recognizance as aforesaid in the sum of before a Magis-
trate of the said colony, conditioned in the usual form, to appear at the next Criminal
Session of the Supreme Court [or as the case may be] and there to give evidence on
the trial of the said C.D. for the said offence, if an indictment should be filed against
him for the same.

Dated this day of ' 19
[L.S.] (Signed.) Magistrate.
Form No. 75. [s. 75.]
subsequeat Order to discharge the Witness,
HONGKONG. IN THE POLICE COURT AT
To the Superintendent of Gaol in the said Colony.

Whereas by any order, dated the day of , 19 , reciting
that C.D. was lately charged before me for a certain offence mentioned, and E.F.,
having appeared before me and being examined as a witness for the prosecution in
that behalf, refused to ender into a recognizance to give evidence, against the said
C.D. and I therefore thereby committed the said
enter into such recognizance als aforesaid; and
whereas, for want of sufficient evidence aganist the said C.D., the said C.D. has not
been committed or holden to bail for the said offence but on the contrary has bean
since discharge and it is therefore not neccessary that the said E.F. should be de-
tained longer, in your custody These are, to order and direct you the
said Superintendent to discharge the said E.F. out of your custody its to the said
commitment, and suffer him to go at large.

Dated this day of
19

(Signed.) Magistrate.

Form No, 76. Is. 70.]

Warrant remanding Accused
HONGKONG IN TUE POLICE COURT AT
To each and all of the Constables o! the said Colony and to the Superintendent of
Gaol in the said Colony,

Whereas C.D. was this day charged before the undersigned, a Magistrate of the said
Colony, for that [etc, as in the warrant to apprehend] ; and it appears to me to be
necessary to remand the said C.D. : These are, therefore, to command you the said
Constables, in His Majesty's name., forthwith to convey the said C.D. to the Gaol
and there deliver him to the said Superintendent together with this precept; and
you, the said to receive the said C.D. into Your custody in the said
Gaol and there safely keep him until day the day of
19 when I hereby command you to have him at the Said Police Court, at






' whell 1 hereby corrilliall

As arnended by No. 50 of 191As gmendel by No. ~O of 1911 gncl No. 61 of 1911.
v
1





o'clock in the noon of the same day, before such Magistrate of the said
Colony as may be sitting at the said Court, to answer further to the said charge, and
to be further dealt with according to law, unless you shall be otherwise ordered in the
meantime.

Dated this day of ,19 .

[L.S.] (Signed.) Magistrate.

FORM No. 77. [s. 70.]

Recognizance of Bail instead of Remand, on an Adjournment of Examination.
HONGKONG. IN THE POLICE COURT AT

On the day of ,19 ,C.D., of ,E.F., of
,and G.H., of ,personally came before me,a Magistrate of
the King the several sums following:that is to say,the said C.D.the sum of ,
and the said E.F. and G.H. the sum of each to be made and levied on
their several goods and chattels,lands and tenements,respectively,to the use of Our
Sovereign Lord the King,his heirs and successors if he,the said C.D., shall fail in
the condition hereon indorsed.
Taken and acknowledged the day of ,19 ,at ,
before me.
[L.S.] (Signed.) Magistrate.
Condition.
The condition of the within-written recognizance is such that whereas the within
bounden C.D. was this day [or on the day of ,19 ,]
charged before me,for that he [etc., as in the warrant];and whereas the examination
of the witnesses for the prosecution in this behalf is adjourned until the day of
,19 ;if therefore the said C.D. shall appear before me on the
said day of ,19 ,at o'clock in the noon,
at ,or before such other Magistrate as may then be there,to answer
[further]to the said charge and to be further dealt with according to law,then the
said recognizance to be void,or else to stand in full force and virtue.
FORM No. 78. [s.70.]
Notice of the said Recognizance to be given to Accused and his Sureties.
HONGKONG. IN THE POLICE COURT AT
Take notice that you C.D., of ,are bound in the sum of ,and
your sureties,E.F. and G.H.,in the sum of each,that you,C.D., appear
before me a Magistrate of the said Colony,on day ,the day of
,19 ,at o'clock in the noon,at to answer
further to the charge made against you by A.B. and to be further dealt with accord-
ing to law;and unless you,C.D., personally appear accordingly,the recognizance
entered into by yourself and your sureties will be forthwith levied on you and them.
Dated this day of ,19
[L.S.] (Signed.) Magistrate.
FORM No. 79. [s.95.]
Recognizance of Bail.
HONGKONG. IN THE POLICE COURT AT
On teh day of ,19 , and personally
came before me the undersigned ,a Magistrate of the said Colony,and severally
acknowledged themselves to owe to Our Sovereign Lord the King the several sums





following : (that is to say), thc said the sum of and the said
and the sum of each, to be made and levied oil their Several goods
and chattels, lands and respectively, to the use of our said Lord the King,
his heirs and sucesors if the said shall fail in the condition following.

' 19 ' at
Taken and acknowledge the day of
before me.

Explaind by Sworn Interpreter.

Condition in Ordinary Cased.
Magistrate.

The condition of,the, above written recognizance is such, that whereas the said
was this day charged before me the above mentioned Magistrate for that

If therefore the, said will appear at the Criminal Sessions of the Supreme
Court to be holdell on the day of 19 1 and at every
adjournment thereof and there surrender himself (if so required) into the custody of
the Superintendent of the Gaol, in the said Colony, and plead to such indictment
as may be filed aganist him by the Attorney General and take his trial upon the
same, and not depad the said Court without leave, then the said recognizance to be
void, or else to stand ill full force and virtue.

Form No. 80.
Notice of the said Recognizance to be given to Acussed and his Surctics
HONGKONG In the Police Court
Take notice that you, C.D., of are bound in the sum of and
your sureties, E.F. and G.H in the sum of each, that you C.D. appear
Notice of the said to be giveit to Accu6ed, and This Sureties.

IN THE POLICE COURT AT

each, that you C.D., appear
[etc,as in the condition of the rencognizance not depart the said Court without
leave; and unless you, C.D., personally appear and plead, and take your trial accord-
ingly, the recognizance entered into by yourself and your sureties will be forthwith
levied oil you and them.

Dated the day of


I hereby certify that I consent to the With-named C.D being bailed by recog-
nizance, himself in the sum of and [two] sureties ill the sum of
[each]

Dated this Day Of
19

No. 81.

Ceitificale of to Bail by the, Committing Magistrate
on the
IN THE POLICE COURT AT
(Signed.) Magistrate.

1 [s. 94.]

[L.S.]
(Signed.) Magistrate.







Form No. 82.
Warrant of Delivernace on Bail being given for Prisoner
already comnlitted.

IN THE POLICE COURT AT

To the Superintendent of the Gaol in the said Coloy.

C.D., late of , coolie, has before me, a Magistrate of the said Colony,
entered into his own recognizance, and found sufficient sureties for his appearance
at the next Criminal Session of the Supreme Court [or as the case may be] to answer
[S. 95.]

* As amended by No. 50 of 1911 and No. 51 of 1911,
Our Sovereign Lord the king for that the [etc., as in the commitment],for which he
was taken and comitted to the said Gaol:These are,therefore,to command you,
in His Majesty's name,that if the said C.D. do remain in your custody in the said
Gaol for the said cause,and for no other,you shall forthwith suffer him to go at
large.
Dated this day of ,19
[L.S.] (Signed.) Magistrate.

PART IV.
FORMS FOR INDICTABLE OFFENCES TRIABLE SUMMARY.
FORM No. 83. [ss.80 and 81.]
Summary Conviction of Indictable Offence.
HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a Magistrate of the said Colony.
The day of ,19 .
C.D.(hereinafter called the defendant)having been charged for that he,on the
day of ,19 ,at ,[state offence];and
the Magistrate having determined to try the case summarily;the defendant is this
day convicted of the said offence,and it si adjudged that he pay [or that he be
imprisoned,insert pariculars] for his said offence [proceed as in ordinary forms of
summary conviction.]
Dated this day of ,19
[L.S.] (Signed.) Magistrate.

FORM No. 84. [s.81.]
Order of Dismissal where an Indictable Offence has been tried summarily.
HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire,a Magistrate of the said Colony.
The day of ,19 .
C.D. (hereinafter called the defendant) having been charged on the information of
for that he,on the day of ,19 ,at
[state offence];and the Magistrate having determined to try the case summarily;
and the matter of the said charge having been duly considered by the said Magistrate,
it manifestly appears to him that the said charge is not proved:Therefore the said
information is hereby dismissed;and it is ordered that the informant pay to the
defendant the sum of for costs forthwith [or on or before the day of
,19 ];and if default is made [proceed as in a conviction for
fine to be levied by distress.]
[L.S.] (Signed.) Magistrate.

FORM No. 85. [s.98.]
Application to Magistrate to state a Case.
HONGKONG. IN THE POLICE COURT AT
To J.P., Esquire,Magistrate of the said Colony.
In the matter of an information [or complaint] wherein I,the undersigned A.B.,
was informant [or prosecutor or complainant] and C.D. was defendant,heard and
determined before you at the said Police Court on the day of ,
19 ,being dissatisfied with your determination,upon the hearing of the above
information [or complaint] and being aggrieved thereby as being erroneous in point of law or as the case may be, i hereby, pursuant to section 98 of the Magistrates
Ordinance, 1890, make application ot you to state and sign a case setting forth the
facts and ground of such your determination, in order that I may appeal therefrom
to the Full Court.
Dated this day of, 19
(signed.)
FORM No. 86
magistrate's Cerificate for Leave to Appeal by way of Re-hearing
HONGKONG. IN THE POLICE COURT AT
Whereas on the day of, 19, an information or
complaint perferred by AB against CD of, hereinafter called
the defendant for that he[etc, as in the information, complaint, or summons]
was heard and determined by me, the undersigned, a Magistrate of the said
Colony, and the defendant was duly convicted of the said offence and was adjudged
[or the defendant was ordered to pay the said AB the sum of
here state the adjudication of fine, sum, or imprisoument and costs as in a conviction
or order, or, if dismissed: and thereupon the said information [or complaint] was
dismissed, [and the said AB was ordered to pay to the defendant the sum of
for his costs incurred by him in his defence in that behalf][conclude as in the order
of dismissal] and whereas the defendant[ or AB}, being dissatisfied with the said
determination and alleging that he is aggrieved thereby as being erroneous in point
of fact, has applied to me, pursuant to section 103 of the Magistrates Ordinance,
1890, for leave to appeal to the Full Court by way of re-hearing: Now I do hereby
certify that I have granted such leave accordingly.
Dated this day of, 19
(Signed.) Magistrate.
FORM NO 87
Magistrate's Certificate of Refusal to state or amond Case or to grant
Leave to Appeal.
HONGKONG. IN THE POLICE COURT AT
Commence as in the last Form down to the end of the first recital and then
continue as follow:]
and whereas the defendant [or AB] being dissatisfied with the said determination
and alleging that he is aggrieved thereby as being erroneous in point of law [of fact]
has applied to me pursuant to section 98 [or section 103] of the Magistrates Ordi
nance, 1890, to state and sign a case setting forth the facts and gound of such
determination in order that he may appeal therefrom to the Full Court [or to grant
leave of appeal to the Full Court by way of re-hearing]; [and whereas on
the day of, 19, I stated and signed a case accordingly,
but the defendant[ or AB], is dissatisfied with the way in which I have so stated
such case and has, pursuant to section 100 of the said Ordinance, duly applied to me
to amend the same by [here state what amendment is dcsired]: has requested me to
sign and deliver to him a certificate: Now therefor I , the said Magistrate, pursuant
to section 107 of the said Ordinance do hereby certify that I am of opinion that the
application of the defendant [or AB] as aforesaid is merely frivolous, and that I
have refused to state such case accordingly [or that I ahve refused to grant such
leave to appeal or to amend such case.]
dated this day of, 19.
(signed.) Magistrate. FORM No. 88. [s.98.]
Case stated by a Magistrate.
IN THE SUPREME COURT OF HONGKONG.
APPELLATE JURISDICTION.
Between A.B., Appellant,
and
C.D., Respondent.
This is a case stated by the undersigned,a Magistrate of the Colony of Hongkong,
under the Magistrates Ordinance,1890,for the purpose of appeal to the Supreme
Court on questions of law which arose before me as hereinafter stated.
1.At the Police Court in the said Colony,at ,on the day of
,19 ,an information [or a complaint] preferred by A.B. (hereinafter
called the Respondent) against C.D. (hereinafter called the Appellant) [or as the case
may be],under section of the [state the Ordinance or Statute as the case may
be]charging,for that he,the Appellant [etc., state the offence or cause of complaint],
was heard and determined by me,the said parties respectively being then present;
and upon such hearing the Appellant was duly convicted before me of the said offence,
and it was adjudged that he should pay [or and upon such hearing the Appellant was
by me ordered to pay] the Respondent the sum of [here state the adjudication
of fine,sum,or imprisonment and costs,as in a conviction or an order].
[Or,if dismissed;ande upon such hearing the said information [or complaint] was
dismissed by me,[and,if so,the Appellant was ordered to pay to the Respondent
the sum of for his costs incurred by him in his defence in that behalf,
[conclude as in an order of dismissal].
2.And whereas the Appellant,being dissatisfied with my determination upon the
hearing of the said information [or complaint] and alleging himself to be aggrieved
by such determination as being erroneous in point of law has,pursuant to section 98
of the Magistrates Ordinance,1890,duly applied to me in writing to state and sign
a case setting forth the facts and the grounds of such determination as aforesaid,in
order that he may appeal therefrom to the Full Court,and has duly entered into a
recognizance as required by the said Ordinance in that behalf.
[If the case is stated in obedience to a rule under section 108,resite the refusal
and the granting of such rule as follows:-but I,being of opinion that the application
of the Appellant was merely frivolous,refused to state and sign such case,and at his
request signed and delivered to him a certificate of such refusal;and whereas the Full
Court has since granted a rule calling upon me to state such case.]
3.Now therefore I,the said Magistrate,in compliance with the said application[or
in obedience to the said rule and order of the Full Court] and the provisions of the
said Ordinance[if more facts are introduced than proved and by consent of the said
parties],do hereby state and sign the following case.
4.Upon the hearing of the information [or complaint] it was proved on the part of
the Respondent,and found as a fact,that[here state so much of the evidence given
and of the facts as are necessary to raise the point of law in question].
5.[State here any of the following paragraphs according to circumstances].It was
admitted by the Appellant that the said proceedings had before me were legal and
regular,and that if [according to circumstances] the said conviction [or order] was
properly made.
6.It is also an admitted fact that
7.It was further stated on behalf of the Respondent,and admitted by the
Appellant,that
8.For the purposes of enabling the said Court to determine the questions raised
between the parties,the following further facts were stated and agreed upon between
them,viz:
9.[If it is desired to refer to a portion of the evidence by consent,insert the follow-
ing paragraph:It is agreed that if either [party shall wish to refer to
[a documenty or book] not set out in the body of this case,such party shall be at
liberty to do so,and that for this purpose the said [document or book] shall be taken,
so far as it relates to the said ,to form part of this case.




10. It was contended on the part of the Appellant that [here state the legal objection
or objections] to the fundings on the facts taken by the defendant or his counsel.]

11. I,. however, being of opinion that [here state the grounds upon which the
Magistrate came to his determination, as], the evidence given before me brought the
case within the operation of the said section of the Ordinance [or Statute, or
as the case may be, the dismissal of the information or complaint, rejection of evideice
offered, etc.] gave my determination against the Appellant in the manner before stated.

[If it is desired to refer to a portion of the evidence by consent, insert the following
paragraph] :-----

12. The questions of law arising, on the above statement for the opinion of this
Court therefore are, 1st whether, etc, 2nd whether, etc.

Dated this day of ,19
[L.S.] (Signed) Magistrate
Form No. 89. [s. 106.]
Recognizance of Appeal.
HONGNONG. IN THE POLICE COURT AT

[The form of recognizance will be the same as in Form No. 28 supra, but the
condition indorsed will be as follows] :-

The condition of the within-written recognizance is such that if the within bounden
shall without delay prosecute a certain appeal to the Full Court
from a conviction [or order] of J.P., Esquire, a Magistrate of the said Colony, bear-
ing date the day of ,19 , whereby [here state effect of
conviction or order], and further shall abide by and duly perform the order of the
said Court to be made upon the hearing of sucl) appeal, iind shall pay such costs
as may ho by Lilo G)1111 il, isfrom ellstody
and ftl).blbk,l, if the Allidshail subirlit to the judgment
of the said Court., and qllftli, Within ten days f!~otit ihe, (late illereof, appear before a
Magistrate of' the said Colony to abide by tbo Said judgincrit ill case SUC11 colivictioll
[or orclerj is not (junsfied, set aside, or reversedi ! tlicii tile ivitljin-svritten recognizance
shall bp void, but otliersv'.~c,, shall reinain in full force and vii,tije.

HONGKONG.
F011A1 1NO. 90.
Order to bring up Appellant in Custody to enter
into I?CC6gliiza?we of Appeal.
11, 1HL POLICE COX311T AT
Is. 106.]

To the Supcri)~te)itle)~t of 1;w Gool in the 3aid Colony.
You are hereby ordered to bring C.D., now in ~-oiir custody, before the undersi, ed
a Magistrate of'the said Coloily,'or RLIC11as illay then be Ating Jrth.
said Court, oil day, the Clay of 19 at
V cloch ill the noon, that lie nlay enter jilto a recognizatice with
suret1 coiiclit~oiircl to appear and try ill appeal froin the conviction For
order], dabed tile (lay of ' 19, of the undersigned [or
J.P., Esquire,', a Magistrate of the said Collony, and inay be thereupon, if the
.Mtt,-istrate thinlis fit, released from your custody.

Dated this day of
' 19

(Signell.) Magistrate.

Ccillfl(,(11c of Registial. of 11tx Court 17Lat the Costa of
an Appeal have not bc(.,iz. paid.

(Title of the







1 licreby Certify tlint at the of tAm F11311 Colld, on the day of
all appeal by C.D. tigtiii,.~b a Conviction [or order]

* 4s amended by No. 50 of 1911.





of J.P., Esquire, a Magistrate of the said Colony, came on to be tried, and
was then heard and determined, the Full Court, thorcupon ordered that the said
conviction [or order] should be confirmed [or quashed] and that the said [Appellant]
should pay to tbe said [Respondent] the sum of , for his costs incurred
by him on the said appeal, and which sum was thereby ordered to be paid to me,
the undersigned, on or before the day of 19 to be
by me handed over to the said [Respondent] ; and I further certify that the said
sum for costs has not, nor has any part thereof, been paid in obedience to the said
order.

Dated this day of
[L. S.] (Signed)

THE SECOND SCHEDULE.
(Signed.)

RULES. [ss.30, 51 and 125.]

Summary Proceedings.
1. Where in pursuance of any Ordinance or Statute, a Magis-
trate specially directs the appropriation of a fine, (including a penalty),
the Ordinance or Statute under which the appropriation is made shall
be set forth in the register required to be kept in pursuance of the
Magistrates Ordinance, 1890, (which is hereinafter in these Rules
referred to as the Ordinance) and authenticated by the signature of one
of the Magistrates.
2.-(1) The return referred to in section 30 (4) of the Ordinance shall
contain the particulars required to be entered in the register.
(2) The Magistrate signing any such return shall cause it to be
delivered to the Magistrate's Clerk, and he shall enter the return in
the register.
3. The account to be rendered by the Magistrate's Clerk of fines,
fees, and other sums received by him under the Ordinance shall
be rendered quarterly or at any less interval as may be directed
by the Treasurer, and shall be in form 1 in the Appendix to these
Rules.
4.-(1) All fines imposed by a Magistrate shall appear in the last-
mentioned account in chronological order, and where payment is
deferred or to be made by instalments, the fact shall be shown in the
column headed 'Remarks '.
(2) When the whole of the sum has heen paid or received by dis-
tress, or the term of imprisonment imposed in default of payment or
of sufficient distress has expired, the, Magistrate's Clerk shall then
enter the sum in the account: Provided that, though the whole of
the sum may not have been paid or recovered, the instalments
received shall be accounted for at such times and in such manner as
the Treasurer may direct.
5. Where a Magistrate's Clerk renders an account in the required
or authorised form to the authority to whom he is required to render
it he shall not be required to render any other account, relating to the
sarne particulars.

* As amended by No. 50 of 1911.

6.-(1) The Magistrate's Clerk shall enter on the day of its receipt
each sum of money received by him on any account whatever.

(2) Each instalment so received shall be entered in a book called
the Instalment Ledger, to an account to be opened in respect of the
proceeding in which the sum is paid.

7.-(1) The Magistrate's Clerk shall send, on 10th January, April,
July, and October in each year, to the Colonial Secretary a certified
statement, in form 2 in the Appendix to these Rules, of all fines which
have been imposed by the Magistrate during the previous 3 months
and which are payable wholly or in part to the Treasurer.

(2) If no such fine have been imposed, the statement shall be certified
in blank.

8. Where a Magistrate has enforced payment of any sum due by a
principal in pursuance of a security under the Ordinance which
appears to the Magistrate to be forfeited, the sum shall be paid to the
Magistrate's Clerk, and shall be paid and applied by him in the
manner in which fines imposed by a Magistrate in respect of which
fines no special appropriation is made are payable and applicable.

9. Any security given under the Ordinance by an oral or written
acknowledgment may be in the form of an undertaking.

10.-(1) The Magistrate's 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 Magistrate's Clerk, the person before whom it is entered into
shall make a return of it, showing the above particulars, to the
Magistrate's 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.

11.-(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 Magistrate's 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.

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.


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 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 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, without
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 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 ougth to have been delivered by the party making
default; and the party making default shall not 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 speciallyy so directs. HKU 058 P. 592
THE THIRD SCHEUDLE. [s. 80].

LIST OF OFFENCE EXCLUDED FROM SUMMARY JURISDICTION.

1. Any offence which is punishable with death.

2. Any offence (except burglary) which is punishable with imprisonment
with hard labour for life.

3. Any felony mentioned in the Suppression of Priacy Ordinance,
1868.

4. Misprison of treason.

5. Any offence against the King's title, prerogative, person or
government.

6. Blasphemy and offences against religion.

7. Perjury and subornation of perjury.

8. Making or suborning any other perosn to make a false oath
punishable as perjury or as a misdemeanor.

9. Any offence against any provision of the laws relating to
bankrupts.

10. Composing, printing, or publishing blasphemous, seditious, or
defamatory libels.

11. Defamation.

12. Bigamy.

13. Bribery, except in cases punishable under section 3 or section 4
of the Misdemeanors Punishment Ordinance, 1898, where the amount
or value of the bribe does not exceed 10 dollars.

14. Arson.

15. Forgery, (except cases, under section 25 of the Forgery Ordinance,
1865, of forging, altering, offering, uttering, disposing of, or
putting off, knowing the same to be forged or altered, any undertaking,
warrant, order, authority, or request for the payment of
money or for the delivery or transafer of any goods or chattels, where
the amount of such money, or the value of such goods or chattels,
does not exceed 50 dollars.)

16. Stealing, or faudulently taking, or injuring or destroying records
or documents belonging to any Court of Record or relating to any
proceeding therein.

17. Stealing, or fraudulently destroying, or concealing wills or
testamentary papers or any document or written instrument being or
containing evidence of the title to any lands, or any interest in lands,
tenements, or hereditaments.

18. Any offence committed by trustees created by deed or will,
bankers, or factors, and mentioned in any of sections 62 to 73 of the
Larceny Ordinance, 1865. Short title. Interpretation of terms. [42 & 43 Vict.c. 49 s. 48.] [ib.s.49.] Saving of special procedure. Use of forms. Police Magistrates. Marine Magistrate. Powers of Justices of the Peace, etc. Issue of summons to defendant and mode of service thereof. [11 & 12 Vict.c. 43 s. 1.] 1st schedule; form 1. Issue of warrant in case of disobedience of summons or in first instance. 1st schedule; form 2. 1st schedule; form 3. Manner of making complaint or laying information. [11 & 12 Vict.c. 43 s. 10.] Place and manner of hearing. [11 & 12 Vict.c. 43 s. 12.] Non-appearance and appearance of parties, and procedure thereon. [ib.s.13.] 1st schedule form 12. 1st schedule; form 5. Form 7. Proceedings at hearing. [11 & 12 Vict.c. 43 s. 14; 18 & 19 Vict.c. 126 s. 4.] 1st schedule; form 25. Form 39. Adjournment of hearing and procedure thereon. [11 & 12 Vict.c. 43 s. 16.] form 4. Form 5. Form 7. Provisions as to witnesses [11 & 12 Vict.c. 43 s. 7.] 1st schedule; form 8. Form 9. Form 10. Provision as to witness refusing to be sworn or answer. 1st schedule; form 11. Variance between information and evidence. [11 & 12 Vict.c. 43 s. 9.] form 5. Form 7. Description of property of partners in complaint or information. [ib.s.4.] Complaint for order to pay money need not be in writing. [11 & 12 Vict.c. 43 s. 8.] Limit of time for complaint or information. [ib.s.11.] Prohibition of objection for want of form. [ib.s.1.] Form of conviction and order. [11 & 12 Vict.c. 43 s. 17.] 1st schedule; form 14-21. Forms 22-32. Proof by declaration of service of process and of handwriting, etc. [42 & 43 Vict. C. 49 s. 41.] form 36-37. Form and execution of warrant, etc. [11 & 12 Vict.c. 43 s. 3.] 1st schedule; form 5. Form 7. Non-avoidance of summons or warrant by death of Magistrate. [42 & 43 Vict.c. 49 s. 37.] Bail of person arrested without warrant. [ib.s.38.] 1st schedule; form 5. Provisions as to proceedings, etc. [11 & 12 Vict.c. 43 s. 14; 42 & 43 Vict.c. 49 s. 39.] Minute of proceedings. 1st schedule; form 13. Register of cases. [42 & 43 Vict. C. 49 s. 29.] form 60. Power to discharge defendant without punishment if offence trifling. [42 & 43 Vict.c. 49 s. 16.] 1st schedule; forms 26, 45. Form 21. Form 5. Appropriation of money found on defendant for payment of fine not exceeding $5. Recognizance may be dispensed with. Summary order. [42 & 43 Vict.c. 49 s. 34.] Provision as to mode of payment of sum adjudged to be paid. [ib.s.7.] 1st schedule; forms 15-21. Return by Magistrate's order of property taken from defendant. [42 & 43 Vict.c. 49 s. 44.] Prosecution and punishment of aider or abettor. [11 & 12 Vict.c. 43 s. 5.] Rule as to cumulative sentences for assault. [42 & 43 Vict.c. 49 s. 18.] form 40-59. Warrants of distress [11 & 12 Vict.c. 43 s. 19.] form 16. 1st schedule; forms 40-41. Allowing defendant to go at large until return made to warrant, etc. [11 & 12 Vict.c. 43 s. 20.] form 51. Commitment default of sufficient distress. [ib.s.21.] form 49. Form 53. Commitment of defendant where no remedy or punishment in default of sufficient distress [11 & 12 Vict.c. 43 s. 22.] 1st schedule; form 53. Commitment of defendant in first instance. [ib.s.23.] forms 51-52. Commitment for disobedience of order to do some act, etc., not being payment of money. [11 & 12 Vict.c. 43 s. 24.] 1st schedule; forms 55-56. Form 42-43. Form 58. Commitment for subsequent offence. [ib.s.25.] One payment of fine and expenses distress not to be levied, or party, if imprisoned, to be discharged. [11 & 12 Vict.c. 43 s. 28.] Provisions as to warrants of distress. [42 & 43 Vict.c. 49 s. 43.] 1st schedule; form 50. Special provisions as to warrant of commitment for non-payment of money and as to warrant of distress. [42 & 43 Vict.c. 49 s. 21.] 1st schedule; forms 24, 59. Security for good behaviour. Exercise on complaint of power to bind over to keep the peace. [42 & 43 Vict.c. 49 s. 25.] 1st schedule; form 28. Form 27. Power to reduce or vary security [42 & 43 Vict.c. 49 s. 26.] form 32. Form 33. Recognizance taken out of Court. [ib.s.42.] mode of giving security and enforcement thereof. [ib.s.23.] forms 5, 34. 1st schedule; form 48. Form 6. Enforcing recognizance for appearance. [42 & 43 Vict.c. 49 s. 9.] form 5. Form 46. Form 31. Form 35. Form 28. 1st schedule; forms 29, 30, 47. Recovery of civil debts and costs. [42 & 43 Vict.c. 49 s. 6.] form 61. Enforcing civil debt. [ib.s.35.] form 62-69. Scale of imprisonment for non-payment of money adjudged to be paid, etc. [42 & 43 Vict.c. 49 s. 5.] [cf. No. 10 of 1899.] Power to award costs, and recovery thereof by distress. [11 & 12 Vict.c. 43 s. 18.] Procedure for compelling prosecutor to pay costs. [11 & 12 Vict.c. 43 s. 26.] 1st schedule; forms 44, 58. Costs where fine does not exceed $2. [42 & 43 Vict.c. 49 s. 8.] Procedure on information being laid. [11 & 12 Vict.c. 42 s. 1.] 1st schedule; form 3. Form 1. Form 2. Warrant to apprehend for offence committed on high seas, etc. [ib.s.2.] Warrant to apprehend where indictment is filed by Attorney General and accused is at large. [ib.s.3.] 1st schedule; form 3. Information to lead warrant in first instance to be in writing and upon oath. [11 & 12 Vict.c. 42 s. 8.] Service of summonses. [11 & 12 Vict.c. 42 s. 9.] Form, etc., of warrants. [ib.s.10.] Warrant to apprehend and search issuable on Sunday, etc. [21 & 22 Vict.c. 42 s. 4.] Summons or warrant for witness, etc. [11 & 12 Vict.c. 42 s. 16.] 1st schedule; form 11. Power to remand accused. [ib.s.21.] 1st schedule; forms 12, 76. Forms 77, 78. Place where examination taken not an open Court. [11 & 12 Vict. C. 42 s. 19.] Taking of evidence at hearing. [ib.s.17.] 1st schedule; form 13. Reading over depositions, and caution to accused. [11 & 12 Vict.c. 42 s. 18.] form 70. Examination of witnesses for accused. [30 & 31 Vict.c. 35 s. 3.] Binding over of prosecutor and witnesses. [11 & 12 Vict.c. 42 s. 20; 30 & 31 Vict.c. 35 s. 3.] 1st schedule; form 72. 1st schedule; form 73. Form 74. Form 75. [cf. No. 9 of 1899 s. 11.] Discharge or committal of accused. [11 & 12 Vict.c. 42 s. 25.] Informing accused of committal. Right of accused to copy of depositions, etc. [11 & 12 Vict.c. 42 s. 27.cf. No. 9 of 1899 s. 11.] Saving as to Ordinances relating to women and girls. [cf. No. 4 of 1897.] Indictable offences which may be dealt with. 1st schedule; form 83. No. 7 of 1891. Procedure as to indictable offences triable summarily. [42 & 43 Vict.c. 49 s. 27.] form 83. Form 38. 1st schedule; form 84. Special powers for summary trial of certain indictable offences. [No. 2 of 1865.] Issue of process by one Magistrate though hearing before two Magistrates. [11 & 12 Vict.c. 43 s. 29.] Procedure where two Magistrates disagree. Flogging in certain cases. No. 5 of 1865. No. 2 of 1865. No. 4 of 1897. Power to sentence juvenile thief to be whipped for certain offences. [No. 3 of 1903; No. 10 of 1886.] Punishment of the stocks. Power to award compensation in addition to punishment. Power to sentence person using insulting language to or concerning Magistrate. Power to award compensation or penalty for malicious prosecution or false testimony. Imprisonment for non payment of fine under No. 1 of 1845. Forfeiture of articles in certain cases. Penalty on person found drunk, etc., in public place. [35 & 36 Vict.c. 94 s. 12.] Penalty on persons assaulting, etc., forest officer acting in the execution of his duty. Provisions relating to bail. 1st schedule; forms 79-80. Form 81. Warrant of deliverance where accused is in prison when bail granted. [11 & 12 Vict.c. 42 s. 24.] 1st schedule; form 82. Review of decision and re-hearing by Magistrate. [cf. No. 9 of 1890 ss. 12-14.] Application to state case on point of law. [20 & 21 Vict.c. 43 s. 2; 42 & 43 Vict.c. 49 s. 33.] 1st schedule; form 85; form 88. Transmission of case to Registrar, and notice to respondent. [20 & 21 Vict.c. 43 s. 3.] Amendment of case by Magistrate. Setting down case for argument. Full Court may send case back for amendment. [20 & 21 Vict.c. 43 s. 7.] Application for leave to appeal on question of fact by way of re-hearing. 1st schedule; form 86. Filing of motion in the Full Court. Procedure on re-hearing. Giving of security by appellant and fees. 1st schedule; form 89. Form 90. Refusal to state case or to grant certificate for leave to appeal. [20 & 21 Vict.c. 43 s. 4.] 1st schedule; form 87. Compelling Magistrate to state or amend case or to grant certificate. [ib.s.5.] Power to the Full Court to determine question on case or rehearing. [20 & 21 Vict.c. 43 s. 6.] Enforcing determination after appeal. [20 & 21 Vict.c. 43 s. 9.] Issue of warrant of distress or commitment for execution of conviction or order after appeal. [11 & 12 Vict.c. 43 s. 27.] 1st schedule; form 91. Power to Judge to liberate appellant when in custody. Provision for absence or illness of one of the Judges. Action against Magistrate for act within his jurisdiction. [11 & 12 Vict.c. 44 s. 1.] Action for act done without or in excess or jurisdiction. [ib.s.2.] Action to be against convicting Magistrate. [11 & 12 Vict.c. 44 s. 3.] Compelling Magistrate to do act, and immunity for doing it. [ib.s.4.] After appeal no action for anything done under warrant upon it. [ib.s.6.] Setting aside of action prohibited by the Ordinance. [ib.s.7.] Limitation of action. [11 & 12 Vict.c 44 s. 8.] Notice of action. [ib.s.9.] Tender and payment of money into Court. [ib.s.11.] Nonsuit or verdict or judgment for defendant in certain cases. [11 & 12 Vict.c. 44 s. 12.] Amount of damages in certain cases. [ib.s.13.] Rules. Regulations as to costs and fees. Special appropriation of fine. Returns. Account of fines. 1st schedule; form 1. Rule as to sum of which payment is deferred or to be made by instalments. Dispensing with account. Entry of receipt. Quarterly statement of Crown fines. Form 2. Application of sum due under forfeited security. 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. Costs of plaintiff or complainant in enforcing order. Delivery of additional copy of case stated. Mode of stating case. Costs of drawing and copy case. No. 1 of 1868. No. 1 of 1898. No. 4 of 1865. No. 5 of 1865.