Description
ORDINANCE No.3 OF 1890.
Magistrates
AN ORDINANCE to consolidate and amend the Laws relating to
the Jurisdiction of Magistrates and the Procedure and Prac-
tice before Magistrates in relation to Offences punishable on
Summary Conviction and to Indictable Offences and for other
purposes.
[1st January ,1891.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislation Council thereof,as follows:-
Preliminary Provisions.
1.This Ordinance may be cited as the Magistrates Ordinance,1890.
2.In this Ordinance,unless the context otherwise requires,-
'The Court' means the Supreme Court:
'The Full Court' means the Chief Justice and the Puisne Judge
sitting together:
'Judge' means a Judge of the Court:
'The Registrar' means the Registrar or either of the Deputy Regis-
trars of the Court:
'Magistrate' means a Police Magistrate and includes two Magis-
trates where two Magistrates sit together:
'Indictable Offence' means any crime or offence for which a Ma-
gistrate is authorized or empowered to commit the accused person
to prison for trial before Court:
'Indictment' includes an information in the Court:
'Offence punishable summarily or on summary conviction' means
any crime or offence which a Magistrate is empowered to deal with
summarily:
'Civil Debt' means any sum of money claimed to be due which is
recoverable under this Ordinance or any past or future Ordiance
or statue before a Magistrate or before a Justice or Justice of the
Peace on complaint and not on information:
'Oath' includes affirmation and declaration:
'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 of
such Clerks either or any of such Clerks or such other person as a
Magistrate from time to time directs to do any thing required by this
Ordinance to be done by the Magistrate's Clerk:
'Prescribed' means prescribed or provided by any Ordinance or
station in force in the Colony which relates to any offences, penalties,
fines, sosts sums of money, orders, proceedings, or matters to the
punishment, recovery, making, or conduct of which this Ordinance
expressly or impliedly applies or may be applied:
'Past Ordinance or Statute' means any Ordinance or Act of Parliament
now in force in the Colony:
'Future Ordinance or Statute' means any Ordinance or Act of Parliament
which shall come into force in the Colony after the commencement
of this Ordinance:
'Fine' includes any pecuniary penalty, or pecuniary forfeiture, or
pecuniary compensation payable under a conviction or orer:
'Sum adjudged to be paid by a conviction' and 'sum adjudged 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 or two Magistrates sitting together:
'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-mentional section:
'Prison' means the Victoria Goal, and also includes any other site
and building or phase set apart for the purposes of a prison by order
of the Governor.
3. The provisions of this Ordinance which enable a Magistrate, not-
withstanding any enactment to the contrary,to impose imprisonment
with hard larbour and to reduce the prescribed period thereof or to
do either of such acts and in the case of a fine,if it is imposed as in re-
epect of a first offence,to reduce the prescribed amount thereof,and in
the case of imprisonment to impose a fine in lieu of imprisonment,shall
not apply to any proceedings taken under any Act of Parliament relat-
ing to any of Her Majesty's regular or auxiliary forces.
4.Nothing in this Ordinance shall authorize a Magistrate to reduce
the amount of a fine where the Ordinance or statute prescribing such
amount carries into effect a treaty,convention,or aggreement with a
Foreign State and such treaty,convention,or aggreement stipulates for
a fine of a minimum amount.
5.Nothing in this Ordinance shall affect any special procedure pro-
vided in any Ordinance not hereby repealed.
6.-(1.)The forms in the First Schedule to this Ordinance or forms
to the like effect,with such variations or additions as circumstances may
rwquire,shall be deemed good,valid ,and sufficient in law.
(2.)Reference to the forms in the said Schedule is made in the fol-
lowing parts of this Ordinance in connexion with the subjects to which
they respectively relate by the insertion in the margin of numbers cor-
responding to the numbers of 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 officer,and shall have and ex-
ercise all such powers and jurisdiction as were vested in Police Magis-
trate 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 proceeding,act,or thing
is authorized 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 Magistrates now in officer are hereby continued therein as fully
as if they were appointed under this Ordinance,and the Governor may
appoint others from time to time as vacancies occur,
8.There shall be as heretofore a Marine Magistrate,who,without
prejudice to any other jurisdiction,power,or authority possessed 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 commit a felony; and be provisions of this Ordinance. in relat-
ion to the procedure before a Magistrate in such cases shall apply
mutatis mutandis to cases before the Marine Magistrate.
9.-(1.) In every case where a Magistrate may issue a warrant for
the apprehension of any person, it shall in his discretion 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 from time to time as occas-
ion may require to direct that any two Justices of the Peace, sitting
together, shall have the powers and jurisdiction that a Magistrate has
by this Ordinance, and thereupon all the provisions of this Ordinance
in relation 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.
(3.) If any question arises as to the right of any person to exercise
the office of a Magistrate Marine Magistrate, or Justice of the Peace
or of the right of any Justice of the Peace to act as a Magistrate under
any appointment in pursuance of this section, the production of The
Gazette nominating or appointing such person to exercise the office of
Magistrate, Marine Magistrate, or Justice of the Peace or such Justice
of the Peace to act as a Magistrate shall in all proceedings be deemed
and held to be sufficient proof of such appointments respectively, and it
shall not be necessary to produce any commission or appointment, or any
oath, affidavit, or other document, in proof thereof.
PART II.
PROCEDURE IN RESPECT OF SUMMARY OFFEENCES.
Institution of Proceedings and Hearing.
10.-(1.) In every case where a complaint is made to or an information
laid before a Magistrate in respect of which Magistrate 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 summoms to
the person against whom the complaint has been made or information
laid, stating shortly the matter of the complaint or information and re-
quiring 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
according 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 in manner aforesaid 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 voluntraily or
upon his recognzance or is in the custody of the Police or charged on
the charge sheet.
11.-(1.) If the person so served with a summons as aforesaid does
not appear before the Magistrate at the time and place mentioned in the
summons, 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, if he thinks fit, on oath
being made before him substantiating the matter of the complaint 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 to the said complaint or information, and to be further dealt
with according to law; or, on such information has been laid may, if he
thinks fit, on oath being made before 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
futher dealt 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 sum-
mons for the appearance of the party so summmoned, 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
Magistrate to proceed ex parte to the hearing of the complaint or in-
formation, and to adjudicate thereon as fully and effectually to all intnets
and purposes as if such party had personally appeared before him in
obedience to the summons.
12.-(1.) Every complaint and every information under this Part,
unless some particular Ordinance or statute in force in the Colony otherwise
requires, may respectively be made or laid without any oath being
made of the truth thereof; except in case of an information where the
Magistrate receiving the same thereupon issues his warrant in the first
instance to apprehend the defendant as aforesaid; and in every such case
where the Magistrate issue his warrant in the first instance the matter
of the information shall be substantiated by the oath of the informant,
or of some witness or wotnesses on his behalf, before any such warrant
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 complaint or information may be made or laid by the
complainant or informant on person or by his counsel or other person
authorized in that behalf.
13.-(1.) The room or place in which a Magistrate sits to hear and
try any complaint or information shall be deemed an opea 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 information
laid shall be admitted to make his full answer andd defence thereto, and
to have the witnesses examined nad cross-examined, by counsel on his behalf.
14.-(1.) If, at the time and place appointed in and by summons
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 simmons 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 otherwise, proceed to hear and determine the case in the
absence of the defendant, or the Magistrate, on the non-appearance of
the defendant as aforesaid, may, if he thinks fit, issue his warrant in
manner hereinbefore directed, amdshall adjourn the hearing of the complaint
or information until the defendant is apprehended; and when the
defendant is afterwards apprehended under the warrant, he shall be
brought before a Magistrate, who shall thereupon rither 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 constable or 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 complainant or informant shall
have due notice.
(2.) If, at the time and place so appointed as aforesaid, the de-
fendant 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 ho may commit the de-
fendant in the meantime to prison or some other place of security or to
such other 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 appear-
ance at the time and place to which the 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 respective
counsel, before the Magistrate who is to hear and determine the complaint
or information, then the Magistrate, shall proeeed to hear and determine
the same.
15.-(1.) Where the derendatct i, present at tho hearing, the substance
of the complaint or information shall he 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 case 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 hear 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, examained any witnesses
or given any evidence other than as to the defendant's general character
(2.) The Magistrate, having heard what each party has to say as afore-
said 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 provided.
(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 the 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 inforimition 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 same 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 meantime 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 security or to
such other safe custody as the Magistrate may discharge
the defendant 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 the hearing or further
hearing is adjourned: Provided always that in every case where a defendant
is discharged of recognizance as 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 recognizance the non-appearance
of the defendant, and may declare the same to be forfeited
in manner hereinafter provided, and may forthwith issue his warrant for
the apprehension or the defendant.
(2.) If, at the time and place to which 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 aforesaid, 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 sucl time as he may think requisite.
17.-(1.) If it is made to appear to Magistrate, by the oath of any
credible person, that any person within the Colony is likely to give
material evidence on behalf of 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 com-
plaint, or information as aforesaid, the Magistrate shall issue his summons
to such person, under his hand and seal, requiring him to he and
appear at a time and place mentioned in the summons before a Magistrate
to testify what he knows concerninf 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 same 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 for 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 Magistrate 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 give edivence without being
compelled to do so, than, instead of issuing a summons, it shall be lawful
for him to issue his warrant in the first instance.
(4.) If on the appearance of such perosn so summoned before the
said last mentioned Magistrate, either in obedience to the said summons
or on being brought before him by virtue of the said warrant, such person
refues to be examined upon oath concerning the premises, or refuses
to take such oath, or, having taken such oath, refuses to answer such
questions concerning the premises as may then be put to him, without
offering any just excuse for such refusal, the Magistrate may, by warrant
under his hand and seal, commit the person so refusing to prison there
to remain and be imprisoned for any time not exceeding two months,
unless he in the meantime consents to be examined and to answer concerning
the premises or may impose a fine on such person not exceeding
twenty dollars.
18.-(1.) In every case of an information for any offence punishable
on summary 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 peen 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 in-
formation and the evidence adducted in support 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 between
the information and the evidence adduced in support thereof, appears to
the Magistrate present and acting at the hearing to be such that the party
charged by the information has been thereby deceived or misled, it shall
be lawful for the Magistrate, on such term as he may think fit, to
adjourn the hearing of the case to some future day, and in the mean-
time 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 withtout a surety or sureties,
at the discretion of the Magistrate, 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 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 the manner hereinafter
provided, 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 property belonging
to or in the possession of partners, joint tenant, 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, parcencrs, or tenants in common,
it shall be sufficient to describe them in manner aforesaid.
(2.) Whenever in any complaint or information or the proceedings
thereon 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 such highways, roads, buildings, gates, bridges,
lamps, boards, stones, posts, and fences, or of any reservoirs, conduits,
sewers, drains, or other public works or property of whatsoever de-
scription, it shall be sufficient to describe such property as the pro-
perty of the crown.
20. In any case of a complaint upon which a Magistrate may make
an order to for payment of money or otherwise, it shall not be necessary
that such complaint shall be in writiing unless it is required to be so by
some particular Ordinance or statute unpon which such complaint 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 layign any information in respect of such offence, such complaint
shall be made or such information laid within six month from the
time when the matter of such complaint or information respectively
arose.
22. No objection shall be taken or allowed to any complaint, information
or summons for any alleged defect therein in substance or in form,
or for any variance between such complaint, information, 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 lie may appear to have been guilty ; but if any
such variance appears to the Magistrate. to be such that the party so
summoned and appearing 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.
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 Ordinalice or statute, whether any particular form
of conviction is therein given or not, it shall be lawful for tile Mag-
istrate who so convicts to draw up his conviction in such one of the
forms of convictions in the First Schcedule to this Ordinance 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 all 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
First Schedule as may be applicable 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 authorized 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 contrary 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 declaration shall
be guilty of wilful and corrupt perjury.
25.-(l.) Every warrant to apprehend a defendmit 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 directed either to
any constable or pcaee officer by name or generally to al the constables
within the Cololy.
(2.) It shall state shortly the matter of the complaint or information
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 constable or other person to whom it is 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 according to law.
(3.) It shall not be 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 Cololy or the waters thereof ; in every case where
the warrant is directed to all constables or peace officers within the Colony,
it shall be lawful for any constable or other peace officer to execute the
warrant in like manner as if it were directed specially to such constable
or other peace officer by name, and notwithstanding that the place in
which such warrant is executed may not be within the place for which
he is such constable or other peace officer Provided always that no
objection shall be taken or allowed to any warrant to apprehend a defend-
ant so issued on any such complaint, or information as aforesaid under
or by virtue of this Ordinance for any alleged defect therein in sub-
stance or in form, or for any variance between it and the evidence adduced
on the part of the complainant or informant; but if any such variance
appears to the Magistrate at the hearing to be such that the party so
apprehended under the warrant 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 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 suretics, at
the discretion of the Magistrate, conditioned for his appearance at the
time and place to which the hearing is so adjourned: Provided
also, that in every case where, a defendant is discharged on recognizance
as aforesaid, and does not afterwards appear at the time 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, and may also forthwith issue
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 whether past or future or otherwise,
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
him before a Magistrate within forty-eight hours after he is so taken
into custody, a Superintendent or Inspector of Police, or other officer of
Police of equal or superior rank or 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 of without
sureties, for a reasonable amount to appeal before a Magistrate at the
day, time, and place mentioned in the recognizance.
28. The following enactments shall apply to proceedings before Magistrate;
that is to say,-
(1.) the description of any offence in the words of the Ordinance or
statute or any order, by-law, regulation, or other document creating
the offence, or in similar words, shall be sufficient in law;
(2.) any exception, exemption, proviso, excuse, or qualification, where
it does or does not accompany in the same section the desription
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 dis-
tress 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 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 warfant of distress,
so, however, that if amends are tendered before action brought,
or, if the action is brought, are paid into Court in the actin,
and the plaintiff does not recover more than the sum so tendered
and paid into Court, the plaintiff shall not be entitled to any costs
incurred after such tender, and the defendant shall be entitled to
his taxed costs; and
(5.) all goods forfeited by order of a Magistrate may be sold or disposed
of in such manner as the Magistrate may direct, and the
proceeds of the sale shall be applied in the like manner as if the
proceeds were a fine, imposed under the Ordinance or statute on
which the proceeding for the forfeiture is founded.
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 oil 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
(e.) the fines, if any, paid into Court.
(2.) The minute shall, immediately after the close of the case, be
handed to tile 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 or
Magistrates, and of such other proceedings as are directed by the rules
in the Second Schedule, to this Ordinance to to registered, and shall keep
the same in the Form No. 60 in the First Schedule to this Ordinance
and with the particulars prescribed in the said riles 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 facle
evid-
ence of the matters entered therein for the purpose of informing a Ma-
gistrate or the Magistrates, 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 peroson charged with another offernce.
(3.) The entries relating to each minute, memorandum, or proceeding
shall contain the name of the Magistrate beforo whom the conviction,
order, or proceeding referred to in the minute or memorandum 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 the manner directed by the rules in the said Second
Schedule.
(5.) Every such register shall be open for inspection, wihtout fee or re-
ward, by a Magistrate, or by any person authorized in that behalf by a
Magistrate, or by the Governor or Colonial Secretary.
Special Provisions.
31. If, on the hearing of a charge for an offence punishable on summary
conviction under this Ordinance or under any other Ordinance or
statute, whether past or future, the Magistrate thinks that, though the
charge is proved, the offence was in the particular case of so trifling a
nature that it is inexpedient to inflict any punishment, or any other than
a nominal punishment,--
(1.) the Magistrate, without proceeding lo conviction, may dismiss the
complaint or information, and, if he thinks fit, may order the defendant
to pay such damages, not exceeding ten dollars, and such costs
of the proceeding, or either of them, as the Magistrate may think
reasonable; or
(2.) the Magistrate, on convicting the defendant, may discharge him
conditionally on his giving security, with or without sureties, to
appear for sentence when called upon or to be of good behaviour,
and either without payment of damages and costs or subject to the
payment of such damays and costs, or either of them, as the Ma-
gistrate may think reasonable.
32. Where a defendant is fined a sum not exceeding five dollars and
the same is not forthwith paid, the Magistrate inflicting the fine may
order the defendant to be searched, and if the defendant, on being searched,
is found to have on his person and sum of money equalling or
exceeding the amount of his fine, it shall be lawful for the Magistrate,
upon oath made to him of the fact by person who was present when
the defendant was searched, to order that so much of the said sum of
money as may be suufficient to satisfy the fine be forfeited by the defend-
ant, and that the defendant be thereupon discharged from custody.
33.-(1.)Where a Magistrate has authority under this Ordinance or
under any other Ordinance or statute,whether past or future,to impose
imprisonment or to impose a fine for an offence punishable on summary
conviction,the Magistrate may,in the case of imprisonment,impose
the same without hard labour and reduce the prescribed period thereof,
or do either of such acts.
(2.)Where in the case either of imprisonment or a fine there is pre-
scribed a requirement for the offenders to enter into his recognizance
and to find sureties 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.
(3.)Whenever any person is convicted summarily before a Magis-
trate of any offence against the provisions of any Ordinance or statute
whereby a minimum amount of fine or term of imprisonment is prescribed
by way of punishment for such offence,it shall be lawful for the Magis-
trate,if he in his discretion thinks fit,to award a less amount of fine or
term of imprisonment than that prescribed by way of minimum punishment
as aforesaid or to award in certain cases a merely nominal punishment,
notwithstanding anything in such Ordinance or statute to the contrary.
34.-(1.)Where a power is given by any future Ordinance or statute
to a Magistrate of requiring any person to do or to obstain 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 or orders,and may annex to any
such order any conditions as to time or mode of action which he may
think just,and may suspend or reseind any such order on such under-
taking being given or condition being performed as he may think just,
and generally may make such arrangement for carrying into effect such
power as to him may seem meet.
(2.)A person making default in complying with an order of a Magis-
trate in relation to any matter arising under any future Ordinance or
statute,other than the payment of money,shall be punished in the pre-
scribed manner,or,if no punishment is prescribed,may,in the discre-
tion of the Magistrate,be ordered to pay a sum not exceeding five dollars
for every day during which he is in default or to be imprisoned until he
has remedied his default:Provided that a person shall not,for non-com-
pliance 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 imprisonment for a period or periods amounting in the
aggregate to more than three months or to the payment of any sums
exceeding in the aggregate one hundred 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 instalments;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 sureties,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 instalment and default 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 instalment
of a sum may direct such payment to be made at such time or times,
and in such place or places,and to such person or persons 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 on indictment or on sum-
mary 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
from the accused or defendant and of the particulars thereof,and the
Magistrate may,if he is of oopinion 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 defendant,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 commis-
sion 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 be law be liable.
38.A Magistrate shall not,by comulative sentences of imprisonment
(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 exceeding six months;but no-
thing in this section shall be deemed to affect the provisions hereinafter
contained in section 82.
Distress and Committal Warrants.
39.Where a conviction adjudges a fine paid or where an order
requires the payment of a sum of money,and by the Ordinance or statute,
whether past or future,authorizing sucxh conviction or order such fine
or sum of money is to be levied on the goods and chattels of the defend-
ant by distress and sale thereof,and also in cases where by the Ordi-
nance or statute,whether past or future,in that behalf no mode of raising
or levying such fine or sum of money or of enforcing the paymeny of the
same is stated or provided,it shall be lawful for a Magistrate to issue
his warrant of distress for the purpose of levying the same,which said
warrant of distress shall be in writing under the hand and seal of the
Magistrate issuing the same:Provided always that whenever it appears
to the Magistrate to whom application is made for any such warrant of
distress as aforesaid 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 otherwise,that he has no goods or chattels
whereon to levy the distress,or whenever,in the opinion of the Magis-
trate,it is inexpedient to issue such warrant of distress,then and in every
such case it shall be lawful for the Magistrate,if he thinks fit,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 of dis-
tress had issued and no goods or chattels could be found whereon to
levy sich 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 varbally,to order the defendant to be kept and
detained in safe custody until return is made to the warrant of distress,
unless the defendant gives sufficient security,by recognizance or other-
wise,to the satisfaction of the Magistrate,for his appearance before a
Magistrate at the time and place appointed for the return of the war-
rant of distress;Provided always that in any case where a defendant
gives security by recognizance as aforesaid,and does not afterwards ap-
pear at the time and place mentioned in the recognizance,the Magis-
trate 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 war-
rant 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 suffici0
ent goods or chattels whereon he could levy the sum or sums therein
mentioned,together with the costs of or occasional by the levying of
the same,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 same 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 Superindendent 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 Ordinance or statue on which
the conviction or order mentioned in the warrant of distress is founded
directs,unless the sum of 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 convic-
tion or order that no sufficient goods of the party against whom such
warrant has been issued can be found,and by the Ordinance or statute
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 of sum 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 ac-
cordance with the scale proided 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.Where the Ordinance or statute by virtue of which a conviction
for a fine or an order for the payment of money is made makes no provis-
ion for such fine 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 ordermthe 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 defendant 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 the constable or constables to whom the same
is directed to taje 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 Ordi-
nance or statute on which the conviction or order is founded as aforesaid
directs,unless the fine or sum adjudged to be paid shall be 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;for his offence,or where an order is not for the payment of
money but for the doing of some other acts,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 Magis-
trate to issue his warrant of commitment under his hand and seal,requir-
ing the constable or constables to whom the same is directed to take and
convey the defendant to prison and there to deliver him to the Superin-
tendent thereof,and requiring such Superintendent to receive the defend-
ant and to imprison him,or to imprison him and keep him to hard labour,
as the case may be,for such time 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 in-
formant,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,if the Magistrate thinks fit,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 afore-
said,adjudges the defendant to be imprisoned,and the defendant is then
in prison undergoing imprisonment on a conviction 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 dir-
ected;and it shall be lawful for the Magistrate issuing the same,if he
thinks fit,to award and order therin and thereby that the imprisonment
for such subsequent offence shall commence at the expiration of the im-
prisonment to which the defendant has been previously adjudged or sen-
tenced.
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 or sums mentioned in the warrant,
together with the amount of the expenses of the distress up to the time
of such payment or tender,such constable or other officer shall cease to
execute the same;and in any case where any person is imprisoned 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 in which he is so
imprisoned the sum mentioned in the warrant of commitment,together
with the amount of the costs therein mentioned,and the Superintend-
ent shall receive the same,and shall thereupon discharge such person,
if he is in the cudtody for no other matter.
47.The following regulations shall apply with respect to wearrants 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 auetion,and
five 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 aforesiad 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 fourteen 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.)subjects 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 leviedmbe 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
satisfy the distress by affixing to the articles impounded a conspic-
uous 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 twenty-five 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 teenty0five 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 law-
ful 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
Magistrate,and to take a copy of such account;
(7.)a constable or other officer charged with the execution of a war-
rant of distress shall cause the distress to be sold,and may deduct
out of the amount realized by the sale all costs and charges actu-
ally incurred in effecting the sale,and shall render to the owner
the surplus,if any,after retaining the amount for ahich the war-
rant 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 men-
tioned 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 the distress 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 conviction
or order,or to issue a warrant for committing 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 civil debt,by an order,or for default of suf-
ficient distress to satisfy any such sum,may,if he deems it expedient to
do so,postpone the issue 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 twenty-five dollars,the tools and implements of his
trade,shall not be taken 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-payment of a sum adjudged
to be paid by a conviction or,in the case of a sum not a civil debt,by
an ordermor 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 parts 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 exteat that the unsatisfied
balance,if it had constituted the original amount adjudged to be paid
by the conviction or order,would have subjected the defendant to a
maximum term of imprisonment less than the term of imrisonment to
which he is liable under such conviction or order,the Magistrate 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 convic-
tion or order.
Recognizances,etc.
49.In every case punishable on summary conviction the Magistrate
may,if he 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 behavour and in such sum and for such term as
the Magistrate may think fit,so that such sum does not ecceed two
hundred dollars and such term does not exceed twelve months.
50.-(1.)The power of a Magistrate,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 behavour towards such first-mentioned per-
son shall be exercise by an order upon complaint,and the provisions
of this Ordinance shall apply accordingly,and the complainant and de-
fendant 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 of com-
pliance with such last-mentioned order,to be imprisoned for any term
not exceeding six months.
51.Where a person has been committed to prison by a Magistrate for
default in findinf sureties,a Magistrate may,on application made to him
in manner directed by the rules in the Second Schedule to this Ordi-
nance 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 charge of circumstances,the Magistrate
thinks,having regard to all the circumstances of the case,that it is just
to do so,he may reduce the amount 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 respect 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 Ordi-
nance or statute,need not be entered into before such Magistrate,but
may,subject to the rules in the Second Schedule to this Ordinance,be
entered into by the parties before another Magistrate,or beofre the Ma-
gistrate's Clerk,or before a Superintendent or Inspector of Police or
other officer of Police of equal ir superior rank,or,where any of the
parties is in prison,before the Superintendent thereof;and thereupon
all the consequences of law shall ensure and the provisions of this Ordi-
nance with respect to recognizances taken before a Magistrate shall apply
as if the recognizance had been entered into before a Magistrate as here-
tofore 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 Magistrate's
Clerk or by an oral or written ackonwledgment of the undertaking 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
under this Ordinance of the proceedings of the Magistrates.
(2.)Any sum which may become due in pursuance of a security under
this Part from a surety shall be recoverable summarily in manner dir-
ected by this Ordinance with respect to a civil debt on complaint by a
constable,or by the Magistrate's Clerk,or by some other person suthor-
ized for the purpose by a Magistrate.
(3.)A Magistrate may enforce payment of any sum due by a principal
in pursuance of a security under this Part which appears to him to be
forfeited,in like manner as if that sum were adjudged to be paid as a
fine,if the security was given for a sum adjudged by a conviction,and
in any other case in like manner as if it were a sum adjudged to be paid
as a civil debt:Provided that,before a warrant of distress for the sum
is issued notice of the forfeiture shall be served on the said principal,in
manner prescibed by the rules in the Second Schedule to this Ordi-
nance.
(4.)Any sum paid by a surety on behalf of his principal in respect
of a sercurity 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 recover before a
Magistrate in manner directed by this Ordinance 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 other means of enforcing such payment.
54.-(1.)Where a recognizance is conditioned for the appearance of
a person before a Magistrate or for this doinf some other matter or thing
to be done before or by order of a Magistrate or in a proceeding before
a Magistrate,such Magistrate,if the recognizance appears to him to be
forfeited,may declare the recognizance to be forfeied and enforce pay-
ment 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:Provided that,at any time before the
sale of goods under a warant 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 recognizance,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 en-
tered into by any person as principal or surety before a Magistrate,any
Magistrate,on proof of the conviction of the person bound as principal
by the recognizance of any offence which is in law a breach of the con-
dition 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 of which they are
respectively 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 cicil 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 Magis-
trate,shall be deemed to be a sum for payment of which a Magistrate
has authority by law to make an order on complaint under this Ordi-
nance: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 a Magistrate for the payment of any such civil
debt as aforesaid or of any instalment thereog or for the payment of
the costs in the matter of any such complaint,shall not,in dafault of
distress or otherwise,be enforced by imprisonment,unless it is
proved,to the satisfaction of a Magistrate,that the person making
default in payment of such civil debt,instalment,or costs either has,
or has has since the date of the order,the means to pay the sum in
respect of which he has made default and has refused or neglected
or refuses or neglects to pay the same,and in any such case the
Magistrate shall have power to imprison the defendant for any pe-
riod not exceeding three 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 com-
mitment to prison may think just.
Scale of Imprisonment for Non-Payment of Money,etc.
57.-(1.)The period of imprisonment imposed by a Magistrate ex-
ercising summary jurisdiction under this Ordinance,or under any other
past or future Ordinance or statute,in respect of the non-payment of any
sum of money adjudged to be paid by a conviction,or in respect of the
deafult of a sufficient distress to satisfy any such time,shall,notwith-
standing any enactment to the contrary in any past Ordinance or statute,
be such period as,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;that is to say,-
Where the amount of the sum or sums of money The said period
adjudged to be paid by a conviction as shall not
ascertained by the conviction exceed
does not exceed $1 seven days,
exceeds $1 but does not exceed $5 fourteen days,
exceed $5 but does not exceed $10 one month.
exceed $10 but does not exceed $50 two months,
exceed $50 but does not exceed $150 three months,
exceed $150 six months.
(2.)Such imprisonment shall be with or without hard labour,in the
discretion of the Magistrate.
Costs.
58.-(1.)In every case of summary conviction of an order made
by a Magistrate,except as provided in section 60,it shall be lawful for
the Magistrate making the same,in his discretion,to award and order
in and by the conviction or order that the defendant shall pay to the
complainant or informant respectively such costs as to the Magistrate
may seem just and reasonable in that behalf,but not in any case exceed-
ing five dollars;and in any case where the Magistrate,instead of con-
viction or making an order as aforesaid,dismisses the complaint or in-
formation,it shall be lawful for him,in his discretion,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 the Magistrate
may seem just and reasonable,but not in any case exceeding five 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 war-
rant 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 there is
no such fine or sum to be thereby recovered,then such costs shall be
recoverable by distress and sale of the goods and chattels of the party
or by imprisonment,with or without hard labour,for any term not ex-
ceeding fourteen 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 dismissal may be levied by distress
on the goods and chattels of the complainant or informant,and,in de-
fault of distress or payment,the complainant or informant may be com-
mitted to prison for any term not exceeding fourteen 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 paid.
60.-(1.)Where a fine adjudged by a conviction by a Magistrate to
be paid does not exceed two dollars,then,except so far as the Magis-
trate 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 thinks fit to
expressly order otherwise,direct all fees payable or paid by the com-
plainant or informant to be 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.
61.All adjudications and certificates under the Pawnbrokers Ordi-
nance,1860,shall be held,determined,and granted by a Magistrate and
enforced according to the provisions of this or any amending Ordinance
relating to summary proceedings,notwithstanding anything contained
in the said Pawnbrokers Ordinance,1860.
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 in-
dictable 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 Magistrate 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 summons directed to the accused re-
quiring him to appear before a Magistrate at a time and place to be
therein mentioned;and if,after being served with the summons in
manner hereinafter mentioned,he fails to appear at such time and place
in obedience to such summons,then and in every case any Magis-
trate may issue his warrant to apprehend the accused and cause him to
br 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 hereinafter first mentioned at any time before or after the
time mentioned in the summons 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 Magis-
trate,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.-(1.)Where an indictment is filed by the Attorney Genreralagainst
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 Registrae,
on 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 indictment),shall grant to him a certificate
of such indictment having been filed.
(2.)On the production of such certificate to a Magistrate,it shall be
lawful for him,and he is hereby required,to issue his warrant to appre-
hend the accused and to cause him to be brought before him to be dealt
with according to law;and afterwards,if such person is apprehended
and brought before a Magistrate,the Magistrate,on its beong 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 in-
quiry 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 At-
torney General as aforesaid is confined in prison for any other offence
than that charged in the indictment at the time of such application and
production of the said certificate to a Magistrate,it shall be lawful for
the Magistrate,and he 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 indictment or until he 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 warrant in
the first instance against the accused,an information and complaint thereof
in writing upon the oath of the informant or of some witness or wit-
nesses in that behalf shall be laid before the Magistrate:Provided al-
ways that in every case where it is intended to issue a summons instead
of a warrant in the first instance,it shall not ne necessary that such in-
formation and complaint shall be in writing or be aworn to in manner
aforesaid,but in every such case such information and complaint may
be by parol merely and without any oath whatever to support or sub-
stantiate the same:Provided,also,that no objection shall be taken or
allowed to any informtion or complaint for any alleged detect therein
in substance or in form or for any variance between it and the evidence
adduced on the part of the prosecution before the Magistrate who takes
the examination of the witnesses in that behalf as hereinafter mentioned.
66.The provisions with reference to summonses hereinbefore contain-
ed in Part II in relation to offences punishable on summary conviction
shall apply equally mutatis mutand's to summonses under this Part.
68.A warrant to apprehend any person charged with an indictable
offence and a search warrant in respect of any similar offence may be
granted,issued,and executed in Sunday or any day 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 Magistrate,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 witnesss against the
accused,the Mahistrate may enforce the attendance of such witness in
the manner hereinbefore provided in Part II for the enforcing the at-
tendance of a witness under the summary jusisdiction of such Magistarte.
(2.)If,on the appearance of such witness,he refuses to be examined
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 premises 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 exceed-
ing two months,unless he shall in the meantime consent to be examined
and to answer concerning the premises.
70.-(1.)If,on the hearing of an information or charge for an in-
dictable offence,from the absence of witnesses or from any other rea-
sonable cause,it becomes necessary or advisable to defer the examination
or further examination of the witnesses for any time,it shall be lawful
for the Magistrate before whom the accused appears or is brought up
by his warrant from time to time to remand the accused for such time
as by the Magistrate,in his discretion,may be deemed reasonable,not
exceeding wight clear days,to prison or some place of security;or ,if the
remand is for a time not exceeding three clear days,it shall be lawful
for the Magistrate verbally to order the constable,peace officer,or other
person in whose custody the accused may then be,or any other constable
or person tro be named by the Magistrate in that behalf,to continue and
keep the accusewd in his custody and to bring him before the same Ma-
gistrate at the time appointed for continuing the examination:Provided
always that the magistrate may order the accused to be brought before
himself or another Magistrate at any time before the expiration of the
time for which the accused is so remanded,and the gaoler or officer in
whose custody he then is shall suly obey sych order:Provided ,also,
that,instead of detaining the acused in custody during the period for
which he is so remanded,a Magistrate before whom the accused so ap-
pears or is brought as aforesaid 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
appointed for the continance of the examination.
(2.)In the accused does not afterwards appear at the time and place
mentioned in the recognizance,the Magistrate then present may,on
certifying the non-appearance of the accused on the recognizance,
declare the same forfeited,and proceed to enforce the same in the manner
hereinbefore provided for enforcing recognizances 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 information
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 vuilding without the consent or permission of
the Magistrate,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 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 proveded for the taking of the evidence
of the complainant or informant and his witnesses on a complaint or in-
formation for an 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 evi-
dence of the prosecutor and his witnesses shall 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,
if desired by the accused,without requiring the attendance of the wit-
nesses,read or cause to be read to the accused,or,when necessary,cause
to be interpred,the depositions taken against him,and shall say to him
these words or words to the like effect or cause the same to be interpred
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 whether you say will be taken down in writing
'and may be given in evidence against you upon your trial.'
(2.)Whatever the accusedthen says in answer therto shall be taken
down in writing 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 them as hereinafter mentioned:Provided always that
the Magistrate,before the accused makes any statement,shall state or
cause to be interpred to him and give him or cause him clearly to
understand that he has nothing to hope from any promise of favour and
nothing to fear from any admission or confession f his guilt,but that
whatever he shall then say may be given in evidence against him on his
trail,notwithstanding such promise or threat: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 as
evidence against him.
74.If the acused makes any such statement or is unwilling to do so
the Magistrate hearing the case shall then demand and require of the
accused or his counsel whether he desires to call any witness or evidence,
and if he so calls or desires to call any witness or witnesses or evidence,
the Magistrate shall ,in the presence of the accused,take such evidence
upon oath,both examination and cross-examination,of the witnesses who
may be called by the accused or his counsel and who know anything
relating to the facts or circumstances 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
nay be,against the accused;and the recognizance shall particularly spe-
cify 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 tending to prove the innocemce of the accused
shall be bound by recognizance to appear and give evidence at the trial
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,signed by the said
Magistrate,shall at the same time be given to the person bound thereby;
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 afore-
said 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 chargedmit shall be lawful
for a Magistrate,by his order in that behalf,to order and direct the
Superintendent of the person where such witness is so in custody to dis-
charge him from the same,and the Superintendent shall thereupon
forthwith discharge him accordingly:Provided,further,that all such
recognizances so taken,together with the written information,if any,or
summons,the depositions on either side,and the statement of the accus-
ed,if any,shall be kept together until the close of case before the
Magistrate,and if the accused is then committed for trial shall be trans-
mitted by the Magistrate, or he shall cause the same to be transmitted,to
the Crown Socilitor 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
ofence,the Magistrate shall forthwith order the accused,if in custody,
to be discharged as to the information then under inquiry;but if,in the
opinion of the Magistrate,such evidence is sufficient tp put the accused
upon his trial for an indictable offence,or if 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 him
to bail as hereinafter mentioned.
77.If the Magistrate commits the accused to prison for trial,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 next Criminal Session
of the Supreme Court there to take your trial.'
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,be forwarded from the Magistrate's Office
to the Register for the use of the Court;and at any time before the
first day of the next 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 officewr
or person having the custody of the depositions copies thereof,together
with copies of any such statement as aforesaid or of any questions and
answers put and taken in pursuance of section 97,on which the accused
has been committed or bailed,on payment of fifteen cents for each folio
of seventy-two words.
PART IV
SUMMARY TRIAL OF INDICTABLE OFFENCES.
79,Nothing in this Part shall affect the powers conferred upon Ma-
gistrates by any Ordinance for the time being in force relating to the
protection of women and girls.
80.-(1.)Whenever any person is accused before a Magistrate of any
indictable offence,except an offence specified in the Trial Schedule to
this Ordinance,the Magistrate,instead of commiting the accused for trial
before the Court,may deal with the case and convict the accused sum-
marily,and on conviction may sentence the accused to be imprisoned
for any term not exceeding six months,with or without hard labour,or
to pay a fine not exceeding one hundred dollars:Provided that nothing
in this section shall affect any greater punishment specifically provided
in any other past or future Ordinance.
(2.)The Magistrate may also direct that the accused be kept in soli-
tary confinement for any portion of his term of imprisonment,not ex-
ceeding fourteen days at any one time and not exceeding one month in
the whole.
(3.)The Magistrate may nevertheless,if he thinks fit,commit any
such accused for trial before the Court.
(4.)Nothing in this section shall affect the provisions of section 82.
81.Where an indictable offence is triable summarily-
(1.)the procedure shall,until the Magistrate assumes the power to
deal with the offence summarily,be the same in all respects as if
the offence were to be dealt with throughout as an indictable of-
fence,but when and so soon as the Magistrate assumes the power
to deal with the offence summarily,the procedure shall be the
same from and after that period as if the offence were an offence
punishable on summary conviction and not on indictment,and the
provisions of this Ordinance relating to offences punishable on sum-
nary 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 pur-
pose 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
the Magistrate may make the like order for the restitution of pro-
perty 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 hereby 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 section 44 and 45 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 be imprisoned for any term not exceeding one year,
with or without hard labour,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 be imprisoned for any term not exceeding
two years,with or without hard labour,or they may commit the accused
for trial before the Court.
PART V
SPECIAL POWERS.
Miscellaneous Matters.
83.In all proceedings before two Magistrate 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 war-
rant 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 statue in that behalf such complaint or in-
formation must be heard and determined by two Magistrates sitting to-
hether,and after the case has been so heard and determined one Magis-
trate may issue all warrants of distress or commitment thereon:Provided
always that in any case where any such complaint or information is
heard and determined by two Magistrates,or a conviction or order is
made by two Magistrates,such Magistrates must be present of the case.
84.If in any case where two Magistrates sit together they are unable
to agree in their decision whether the defendant or accused is gulity or
not gulitymhe shall be commited 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,the Magistrate
may,in addition to the punishment awarded for such offence,direct that
the offender be once or twice whipped.
86.Whenever any male offender whose age appearsto the Magistrate
not to exceed sixteen years is convicted of larceny,or of any offence
which now or at any time hereafter is by law deened or declared to be
simple larceny or punishable as simple larceny assault occasion-
ing actual bodily harm,or of any indecent assault,the Magistrate may,
in lieu of or in addition to any other punishment to which the offender
is liable,direct that he be once whipped.
87.A Magistrate may sentence any offender to be publicly exposed
in the stocks for any period not exceeding six hours,in lieu of the whole
of any part of any punishment to which the offender is liable under
this or any other Ordinance.
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 aggrieved reasonable compensa-
tion,not exceeding fifty dollars,in addition to any fine or punishment
to which he is sentenced.
89.-(1.)If any person behaves in an insulting manner or uses any
threatening or insulting 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 be imprisoned,
with or without hard labour,for any term not exceeding two months or
to pay a fine of any amount not exceeding fifty dollars.
(2.)If such fine is not paid forthwith,the Magistrate may order that
the offender be imprisoned,with or without hard labour,for any term
not exceeding two months,unless the amount shall be sooner paid.
90.If it appears to a Magistrate-
(1.)that any charge or complaint was malicioysly preferred without
reasonable or probable cause,the Magistrate may,on the applica-
tion of the persob against whom the charge or complaint was
made,order the complainant to pay to such person reasonable
compensation not exceeding fifty 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
(2.)that any witness has wilfully given false testimony,the Magis-
trate may order such witness to pay a fine not exceeding fifty dol-
lars.
91.Whenever a Magistrate awards a pacuniary 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,for any term not exceeding the term
provided by the scale in section 57 of this Ordinance.
92.Whenever any person is found by the Police hawking without
a licence,or committing any offence against any Ordinance for the time
being in force relating to markets or any by-laws made thereunder,or
causing any obstruction by hawking in a public thorughfare,the Police
are hereby empowered to convey or cause to be conveyed all the articles
being hawked and sold by the offender before a Magistrate,who shall
thereupon have power,on conviction of the offender,to order the for-
feiture of the said articles or any of them,in addition to or substitution
for any other fine or punishment which he may by law 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 oremises licensed under any Ordinance for the time being
in force relating to spirit licences,a Magistrate may sentence him to a
fine not exceeding five dollars,and,on a second conviction for a similar
offence within a period of twelve months,to a fine not exceeding ten
dollars,and,on a third or subsequent conviction within such period of
twelve months,to a fine not exceeding fifteen dollars.
(2.)In default of payment of the fine imposed,the person convicted
may be imprisoned,with or without hard labour,for any term not ex-
ceeding the term provided by the scale in section 57.
(3.)Whenever any offender is convicted of riotous or disorderly be-
haviour,while drunk,in any public road,street,or other public place,
whether a building or not,or of being drunk while in the charge of any
carriage,chair,vehicle,horse,or cattels 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 twenty-
five dollars or, in the discretion of the Magistrate,to imprisonment,with
or without hard labour,for any term not exceeding two months.
Bail.
94.-(1.)No Magistrate or Justice of the Peace shall admit any
person to bail for treason or murden,nor shall such person be admitted
to bail,except by order of a Justice of the Court.
(2.)Where a person is charged with felony,or with assault with in-
tent to commit a felony,or with an attempt to commit a felony,or with a
misdemeanor in receiving stolen property or property obtained by false
pretences,or with perjury or subornation of perjury,or with concealing
the birth of a child by secret burying or otherwise,or with wilful or
indecent exposure of the person,or with riot or assault upon a Police
officer or constable in the execution of his duty or upon any person
acting in his aid,or with an assault in pursuance of a conspiracy to raise
the rate of wages,a Magistrate may,in his discretion,admit the accused
to vail,on his procuring or producing such surety or sureties as,in the
opinion of the Magistrate,will be sufficient to ensure the appearance if
the accused at the time and place when and where he is to be tried for
such offence;and thereupon the Magistrate shall take the recognizance of
the accused at the time and place 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 admit-
ted to bail in the manner mentioned in the said sub-section.
(4.)It shall be lawful for a Magistrate,in his direction,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 bail-
ed,and thereupon it shall be lawful for an Inspector of Police or other
Police officer of equal or superior rank to admit the accused to bail,tak-
ing his recognizance and that of his surety or sureties,if any,condi-
tioned for the appearance of the accused at the time and place of hear-
ing 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 indict-
able 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 the Criminal Session at which he id to be tried or before the
day 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 commitment Magistrate is
of opinion that for any of the offences mentioned in sub-section (2.) the
accused ought to be admitted to bailmsuch Magistrate shall ,in such case
and in every other case of a misdemeanor committed for trial before the
Court,certify on the warrant of commitment his consent to the accused
being bailed,stating also the amount of bail which ought to be required
and whether with a surety or sureties;and it shall be lawful for a Ma-
gistrate or his first Clerk,on for a Justice of the Peace attending at or
visiting the prison where 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 custodyis admitted to bail
by a Magistrate other than the committing Magistrate or by a Justice
of the Peace as aforesaid,such Magistrate or Justice of the Peace shall
forthwith teansmit the recognizance of bail to the committing Magis-
trate,to be transmitted with the depositions.
(7.)Where two Magistrates sit together either of them may exercise
the powers hereinbefore mentioned.
95.-(1.)In every case where a Magistrate admits to bail any per-
son 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 bail,if he is detained for no other offence,and on such
warrant of deliverance being delivered to or lodged with the Superin-
tendent,he shall forthwith obey the same.
(2.)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 preceeding 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 discharge the person so baileed
from custody forthwith,unless he is also in custody for some other cause.
Re-hearing.
96,-(1.)It shall be lawful for a Magistrate,on such groungs as he
may,in his discretion,deem sufficient,to review his decision or adjudica-
tion within seven clear days from the date thereof,(unless in the mean-
time an application is not withdrawn)and,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.
(2.)Whenever any accused person has been committed for trial and
the Attorney General has,in pursuance of any Ordinance for the time
being in force,remitted the case for further investigation or to be dealt
with summarily,the committing Magistrate shall re-open the case and
deal with it in all respects as if the accused had not been committed for
trial,and if the case is such that it may be dealt with summarily by
such Magistrate,he shall so deal with it.
Examination of Accused by Magistrate.
97.-(1.0Notwithstanding anything in this Ordinance,it shall be
lawful for a Magistrate,in any case in which he may deem it expedient
to do so,to examine an accused person as in this section provided.
(2.)On the investigation or hearing by a Magistrate of any case in
which a person is accused of the commission of a criminal offence,
the Magistrate may,if he thinks fit,from time to time at any stage of
the inquiry,and without previously warning the defendant or accused,
examine him,and put such questions to him as he thinks necessary.
(3.)Whenever any defendant or accused is so examined as aforesaid,
the whole of such examination,including every question put to him
and every answer given by him,shall,where such defendant or accused
is committed or is about to be committed for trial before the Court,be
recorded in full and shall be shown or read to him,and he shall be at
liberty to explain or add to his answer.When the whole is made con-
formable yo what the defendant or accused declares is the truth,the
record of the examination shall be attested by the signature of the
statement made by the defendant or accused.The defendant or accused
shall sign or attest by this mark such record,or,if he refuses to do so,
the Magistrate shall certify the fact of such refusal in writing;and the
record of such examination shall be transmitted with the depositions in
the case and any certificate in reference thereto.
(4.)The defendant or accused shall not be liable to any punishment
for refusing to answer or for answering falsely any questions asked under
this section,but the Magistrate shall draw such inference as may seem
just from such refusal.
(5.)The answers given by any defendant or accused as aforesaid may
be laid before the injury on the trial of such defendant or accused.
(6.)No influence by means of any promise or threat or otherwise
shall be used to the defendant or accused to induce him to disclose or
withhold any matter within his knowledge.
(7.)No oath shall be administered to the defendant or accused.
PART VI.
APPEALS.
Appeal on Question of Law.
98.Within seven clear days after the hearing and determination by
a Magistrate of any complaint,informaion, charge,or other proceeding
which he has power to determine in a summary way by any law now or
hereafter to be in force in the Colony,either party thereto or any person
aggrieved thereby who desires to question by way of appeal any convic-
tion,order,determinationmor other proceeding as aforesaid on the ground
that it is erroneous in pount of law,or that 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 deter-
mination was granted and the grounds on which the proceeding is questi-
oned,for the opinion of the Full Court.
99.The appellant shall,within fourteen days after the delivery of the
case to him as hereinafter mentioned,transmit the case to the Registrar,
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 any way he think fit.
101.When the case has been transmitted to the Registrar as afore-
said,it shall be set down for argument on the request of either party
four clear days at least before the day appointed for the argument,and
shall be heard,save as hereinafter provided,by the Full Court:Provid-
ed always that the party setting down the case for argument shall give
to the opposite party four clear days'notice of the day appointed there-
for.
102.The Full Court shall have power,if it thinks fit,to cause the
case stated for its opinion to be sent back to the Magistrate for amend-
ment,and thereupon the same shall be amended accordingly,and judg-
ment shall be delivered after the same has been amended.
Appeal on Question of Fact.
103.Within seven clear days after the hearing and determination by
a Magistrate of any complaint,information,charge,or other proceeding
which he has power to determine in a summary way by any law now or
heereafter to be in force in the Colony,either party thereto or any person
aggrieved thereby who desires to question any conviction,order,determ-
ination,or other proceeding as aforesaid on the ground that it is erron-
eous 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 the appellant a certificate to that effect,and shall forward the original
depositions in the case to the Registrar,or,if the party or person desir-
ing to appeal consents thereto,the Magistrate may order the case to be
re-heard before him.
104.Within ten days after the receipt if such certificate,the appel-
lant shall file the same with the Registrar,together with a motion for a
re-hearing before the Full Court,setting forth shortly the grounds there-
for,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-hear-
ing: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 re-hearing,the Court may,in its descre-
tion,admit the deposition of such witness signed by the Magistrate,sav-
ing all just exceptions.
Appeals generally.
106.-(1.)The appellant,before a case is stated or a certificate of
leave to appeal is delivered to him,shall enter into a recognizance be-
fore 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:Pro-
vided 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 moreover 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; that is to say,-
$ c.
1.For the recognizance 2.00
2.For drawing the case and copy thereof for the appellant,if
not exceeing five folios of 72 words each 3.00
3.Or if the case exceeds five folios,for every additional folio 0.30
4.For the certificate for leave to appeal 0.50
(4.) The appellant,if then in custody,shall be liberated on the recog-
nizance being further conditioned for his submission to the judgment of
the Full Court and for his appearance before a Magistrate within ten
days after the judgment of the Full Court has been given,to abide such
judgment,unless the conviction,order,or determination appealed against
is quashed,set aside,or reversed.
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 friv-
olous,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 for such certificate of the sum of fifty 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
case,or neglects to state a case within three weeks from the time when
the application therefor was granted,or refuses to amend a case,when
stated 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 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 decision 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 Magistrate 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 persuant 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 against any conviction or order as aforesaid
has been decided,if the same has been decided in favour of the respond-
ent,any Magistrate may issue his warrant of distress or commitment
for the execution of such conviction or order as if no such appeal had
been brought.
(2.)If,no any such appeal,the Full Court orders 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 with-
in what time such costs shall be paid,and if the same are not paid with-
in the time so limited,and the party ordered 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 of any person on his
behalf,and on payment of a fee of twenty-five 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 whim such warrant has issued in manner hereinbefore mentioned
for any time not exceeding three months,unless the amount of such
costs,and all costs and charges of the distress,and also the costs of the
commitment,if the Magistrate thinks fit so to order,(the amount there-
of being ascertained and stated in the commitment),shall be sooner
paid.
112.Any Judge of the Court 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,and who is in custody,or
such Judge may order him to be brought up to the Court in the custody
of a Police officer or constable for the purpose of attending the appeal
and any application or proceeding 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,
in his discretion,thinks fit to exercise them.
PART VII.
PROTECTIONS OF MAGISTRATES.
114.Every action hereafter to be 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 auch Magistrate,
shall be an action on the case as for a tort;and it shall be expressly
alleged in the plaintiff's pleadings 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 judgement or verdict,as the case may be,shall be for the defend-
ant.
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 any such matter,
many maintain an action against 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 without reasonable and prob-
able cause:Provided,nevertheless,that no such action shall be brought
for anything done under such conviction or order until after such con-
viction 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 any-
thing done under any such warrant which has been issued by the Ma-
gistrate to procure the appearance of such party,and 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; or 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 war-
rant,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 of abode,and he did not appear according to the exigency of the
summonsmin such case no such action shall be maintained against the
Magistrate for anything done under the 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 Ma-
gistrate bona 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 re-
lating to the duties of his 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 proceed-
ing whatsoever shall be commenced or prosecuted against the Magis-
trate for having obeyed such and done such act so thereby required
as aforesaid.
118.In any case where a warrant of distress or warrant of commit-
ment 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 of the Court,on summons taken
out by the defendant and on an affidavit of facts,to set aside the proceed-
ings 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 six 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 name 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 my 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 com-
menced,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 beyond the sum so
tendered or paid into Courtmthen he or they shall give judgement or a
verdict for the defendant,and the plaintiff shall not be at liberty to elect
to be monsuit,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 he paid out of COurt to him,and the
residue,if any,to the plaintiff.
(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 any Judge of the Court an order that such
money shall be paid out of Court to him,with or without costs,in the
direction of the Judge;and thereupon the action shall be determined,
and such order shall be a bar to any other action for the same cayse.
123.If,at the trial if 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 it he proves that he was imprisoned under such con-
viction or order,and seeks to recover damages for such imprisonment,
he shall not be entitled to recover the amount of such fine and sum so
levied or paid,or any sum beyond the sum of five cents as damages for
such imprisonment,or any costs of such whatsoever,if it is proved that
he was actually guilty of the offence of which he 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 ubdergone 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 Second Schedule to this Ordinance 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 Magistrates' 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,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 regulation to exempt in any
particular class of cases from the payment of such fees and costs or
either of them.
(2.)It shall also be lawful for the Governor-in-Council from time to
time to alter,add to,amend,or revoke such regulations or scale and to
make new regulations and scales.
(3.)Such regulations and scales shall be published in The Hazette,
and shall thereupon come into force on such day as may be therein de-
clared.
(4.)A table of the fees and costs in force for the time being shall be
hung up in some conspicuous part of the Magistrates' Court.
(5.)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.
SCHEDULES.
THE FIRST SCHEDULE.
FORMS.
NOTE.--These Forms may 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.
HONGKONG.
IN THE POLICE COURT AT
To C.D., of ,labourer.
Information having this day been laid [or complaint having this day been
made,or whereas you have this day been charged] before the undersigned,a
Magistrate of the said Colony,for that you[here state the matter of
the information,complaint,or charge]:These are,therefore,to command
you,in Her Majesty's name,to be and appear on day,the day
of ,1 ,at o'clock in the noon,at the said Police
Court,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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 2.
Warrant when Summons is disobeyed.
HONGKONG.
IN THE POLICE COURT AT
To each and all of the Constables of the said Colony.
On the day of ,1 ,information was laid,[or
complaint of the said Colony,that C.D. [or he,the said C.D.][as in the
summons];and a summons was then issued by me to the said C.D., com-
manding him,in Her Majesty's name,to be and appear on day,the
day of ,1 ,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 so appointed in and by the said sumons,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 Her
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 informa-
tion [or complaint or charge],and to be further dealt with according to law.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 3.
Warrant in the first instance.
HONGKONG.
IN THE POLICE COURT AT
To each and all of the COnstables of the said Colony.
Information having this day been laid [or C.D. having this day been
charged] before the undersigned,a Magistrate of the said Colony,for that
C.D. [or he,the said C.D.] [here state shortly the matter of the information
or charge];and oath[or declaration]being now made before me substantiat-
ing the matter of such information[or charge]:These are ,therefore,to com-
mand you,in Her 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 ,1
(Signed.)
[L.S.]
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 Queen.'
FORM No. 4.
Warrant of Committal for Safe Custody during an Adjournment
of the Hearing.
HONGKONG.
IN THE POLICE COURT AT
To each and all of the Constables of the said Colony and to the Super-
intendent of Victoria Gaol in the said Colony.
On the day of ,1 ,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 ,1 ,at o'clock
in the forenoon,it is necessary that the said C.D. should in the meantime
be kept in safe custody:These are,therefore,to command you,the said Con-
stables,in Her Majesty's name,forthwith to convey the said C.D. to the said
Victoria 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 ,1 ,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 befurther dealt with according
to law,unless you shall be otherwise ordere in the meantime.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No.5.
HONGKONG.
IN THE POLICE COURT AT
The day of ,1
We,the undersigned C.D., of ,E.F.,of ,and
G.H., of ,severally acknowledge ourselves to owe to Our
Sovereign Lady the Queen 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
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 ,1
(Signed.)
[L.S.]
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 ,1 ,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 remain 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.
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 ,1 ,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 recognizance entered into by you
C.D. and by E.F. as your surety will be forthwith enforced against you both.
Dated this day of ,1
(Signed.)
[L.S]
Magistrate.
FORM No. 7.
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 ,1
(Signed.)
[L.S]
Magistrate.
FORM No. 8.
Summons to a Witness.
HONGKONG.
IN THE 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 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 declaration] that you are likely to give material
evidence on behalf of the inforamant[or complaint,or defendant,or accused]
in this behalf:These are,therefore,to require you to be and appear on
day,the day of ,1 ,at o'clock in the noon,at the
said Police Court,before such Magistrate as may then be theremto testify what
you shall know concerning the matter of the said information[or complaint
or charge].
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
NOTE.--The time of service of the Summons is to be indorsed thereon.
FORM No.9.
Warrant where a Witness has not obeyed a Summons.
HONGKONG.
IN THE POLICE COURT AT
To each and all of the Constables and Peace Officers 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 declaration]that E.F., of [address and descrip-
tion]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 ,1 ,at o'clock in the noon,at the said Police
Court,vefore such Magistarte 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 summons,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 ,1 ,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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 10.
Warrant for a Witness in the first instance.
HONGKONG.
IN THE POLICE COURT AT
To each and all of the Constables and Peace Officers 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 declaration]that E.F., of [labourer]is likely to give
material evidence on behalf of the information[or complaint,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 ,1 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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No.11.
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 and Peace Officers of the said Colony
and to the Superintendent of Victoria Gaol in the said Colony.
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 appear-
ing before me as such Magistrate as aforesaid on day ,the
day of ,1 ,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 hust excuse for suvh his refusal:These are,therefore,to command you,
the said Constables and Peace Officers,to take the said E.F. and him safely
to convey to the said Victoria Gaol,and there to deliver him to the said Superin-
tendent thereof,together withthis percept,and you,the said Superintendent,
to receive the said E.F. into your custody in the said Gaol ,and there impri-
son 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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 12.
Warrant to remand a Defendant when apprehended.
HONGKONG.
IN THE POLICE COURT AT
To each and all of the Constables and Peace Officers of the said Colony
and to the Superintendent of Victoria Gaol in the said Colony.
Information having been laid [or complaint having been made or C.D.
having been charged] before the undersigned, a meagistrate 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,there-
fore,to command you,the said Constables and Peace Officers,in Her Majesty's
name,forthwith to convey the said C.D. to the said Gaol and there to deliver
him to the said 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 ,1 ,
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 Magis-
trate 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 ,1
(Signed.)
[L.S.]
Magistrate.
FROM No. 13.
Minute and Depositions of Witnesses.
HONGKONG.
IN THE POLICE COURT AT
Regina,on the information[or complaint] of A.B., versus C.D., &e.
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 ,1 ,
at the said 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 [me],for
that he,the said C.D., on the day of ,1 ,at[describing
the offences as in the information,summons,or warrant of commitment].
This deponent E.F. upon his oath [or declaration]saith as follows:[stat-
ing the deposition of the witness as nearly as possible in the words he uses.
When his deposition 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 dau and year first above mentioned.
(Signed.)
[L.S.]
Magistrate.
NOTE.-Where a fine is inflicted a memorandum of penalties paid into
Court shall be added.
FORM No. 14.
Conviction for Fine,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 sais Colony,sitting at the said
Police Court.
The day of ,1
C.D.(hereinafter called the defendant) is this day convicted before the
said Court for that he,on the day of ,1 ,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 the compensation,if any] to be
paid and applied according to law,and also do pay to the said A.B. the sum of
for this costs in this behalf;and if the said several sums be not
paid forthwith [or on or before the day of ,1 ,]* 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 defend-
ant be imprisoned in Victoria 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 [and of the commitment and
conveying of the defendant to the said Gaol], shall be sooner paid.
(Signed.)
[L.S.]
Magistrate.
*Or,where the issuong of a distress warrant would be ruinous to the de-
fendant or his family,or it appears that he has no goods whereon 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 asteriska * *
say,'then ,inasmuch as it has now been made to appear to me that the is-
suing of a warrant of distress i 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.
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 ,1
C.D.(hereinafter called the defendant)is this day convicted before the
said Court for that he,on the day of ,1 ,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 ,1 ,or by instalments of for every days,
the first instalment to be paid forthwith or on the day of ,
1 ,]and if default is made in payment according to this adjudication and
order,it is ordered that the sums sue thereunder be levied by distress and
sale of the defendant's goods;and,in default of sufficient distress,it is
adjudged that the defendant be imprisoned in Victoria Gaol in the said
Colony [and there kept to hard labour] for the space of ,un;ess
the said sum,and all costs and charges of the said distress, shall be sooner
paid
(Signed.)
[L.S.]
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.
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 ,1
C.D. (hereinafter called the defendant)is this day convicted before the
said Court for that he,on the day of ,1 at [state
offence];and it is adjudged that the defendant for this said offence do forfeit and
pay the sum of [state the fine and the sompensation,if any],to be paid
and applied according to law,and also do pay to the said A.B. the sum of
to be paid for this costs in this behalf;and if the said several sums
are not forthwith [or on or before the day of ,1 ],it is
further adjudged that the defendant be imprisoned in Victoria 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.
(Signed.)
[L.S.]
Msgiatrate.
FORM No. 17.
Conviction for Fine,and,in Default of Payment,Imprisonment.
Paymeny 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 ,1
C.D.(hereinafter called the defendant0 is this day convicted before the
said Court for that he,on the day of ,1 ,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 withour costs.*]
And it is ordered that the said sums be paid forthwith [or on the day
of ,1 ,or by instalments of for every days,
the first instalment to be paid forthwith or on the day of ,
1 ];and if default is made in payment according to this adjudication and
order,it is adjudged that the defendant be imprisoned in Victoria Gaol in
the said Colony [and there kept to hard labour] for the space of
unless the said sums shall be sooner paid.
(Signed.)
[L.S.]
Magistrate.
*Where the fine does not exceed $2,omit the direction to pay costs,and
insert the words 'without costs,' unless costs are expreely ordered.
FORM No. 18.
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 ,1
C.D.(hereinafter called the defendant)is this day convicted before the said
Court for that he,on the day of ,1 ,at
[state offence];and it is adjudged that the defendant for his said offence be
imprisoned in Victoria Gaol in the said Colony [and there kept to hard
labour] for the space of ;and it os also adjudged that the
defendant do pay to the said A.B. the sum of for this costs in
this behalf,and if the said sum for costs be not paid forthwith [or on
or before the day of ,1 ,]* 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 of ,to commence at and from the termination of
his imprisonment aforesiad,unless the said sum of costs shall be sooner
paid.
(Signed.)
[L.S.]
Magistrate.
*Or,where the issuing of a distress warrant would be ruinous to the de-
fendant 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.
Conviction where Punishment is by Imprisonment.--No Costs.
HONGKONG.
IN THE POLICE COURT AT
Before J.P., Esquire,a Magistrate of the said Colony,siting at the said
Police Court.
The day of ,1
C.D.(hereinafter called the defendant) is this day convicted before the
said Court for that he,on the day of ,1 ,at
[state offence];and it is adjudged that the defendant for this said offence
be imprisoned in Victoria Gaol in the said Colony [and there kept to hard
labour] for the space of
(Signed.)
[L.S.]
Magistrate.
FORM No. 20.
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 dis-
tress or imprisonment,proceed as follows]--
and it is ordered that be at liberty to give,to the satisfaction
of a Magistrate [or such person as may be named],security in the sum of
,with two sureties [or one surety] in the sum of
[each],for the payment of the said sums as above directed.
(Signed.)
[L.S.]
Magistrate.
FORM NO. 21.
COnviction where Defendant is discharged conditionally on
giving Security to appear 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 ,1
C.D. (hereinafter called the defendant)is this day convicted before the said
Court for that he on the day of ,1 ,at [state
offence];but being of opinion that the said offence was of so trifling a nature
that it is inexpedient to inflict any punishment [or any other than a nominal
punishment],and the defendant having given security,to my satisfaction [or
to the satisfaction of J.P., Esquire,a Magistrate, &e.] to appear for sentence
when called upon [or to be of good behaviour],he is discharged;and it is or-
dered 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 ,
1 ,or by instalment of for every days,the first instal-
ment to be paid on or before the day of ,1 ];and if default
is made,[proceed as in conviction to be levied by distress.]
(Signed.)
[L.S.]
Magistrate.
FORM No. 22.
Order for Payment of Money,and, in Default of Payment,Imprisonment.
HONGKONG.
IN THE POLICE COURT AT
Before J.P., Esquire,a Magistrate of the sais Colony,sitting at the said
Police Court.
The day of ,1
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 incurred],and the parties aforesaid having
appeared [or the said A.B. having appeared but the defendant,although
duly called,not having appeared by himself or his counsel,and it being now
satisfaction proved to me upon oath [or declaration] that the defendant
has been duly served with the summons in this behalf,which required him
to be and appear here on this day before such Magistrate as might now
be theremto answer to the said complaint,and to be further dealt with accord-
ing to law];and now,having heard the matter of the said complaint,it is
adjudged and ordered that thew defendant so pay to the said A.B. the sum of
forthwith,[or on or before the day of ,1 ,or
as the Ordinance or statute may require],and also do pay to the said A.B.
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 ,
1 ,]
it is adjudged that the defendant be imprisoned in Victoria Gaol in
the said Colony [and there kept to hard labour]for the space of
,unless the said serveral sums shall be sooner paid.
(Signed.)
[L.S.]
Magistrate.
FORM No.23.
Order of Payment of Money to be levied by Distress,and,in Default
of 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 ,1
A.B. having mead 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 parties aforesaid having
appeared[or the said A.B. having 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 required him to
be and appear here on this day before such Magistrate as might now be here,
to answer to the said comlaint,and to be further dealt with according to law];
and now,having heard the matter of the said complaint,it is adjudged and order-
ed that the defendant do pay to the said A.B. the sum of forthwith,
[or on or before the day of ,1 ,or as the Ordinance or
statute may require],and also do pay to the said A.B. 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 ,1 ],*it is
ordered that the same be levied by distress 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 Vicoria 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.
(Signed.)
[L.S.]
Magistrate.
*Or,where the issuing of a distress warrant would be ruinous to the de-
fendant or his family,or it appears that he has no goods wheeron to levy a
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 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'].
FORM No. 24.
Order for any Matter(other than the Payment of a Civil Debt)
where Disobedience to the Order is punishable by
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 ,1
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 ocurred];and the parties aforesaid having
appeared [or the said A.B. having appeared but the defendant,although
duly called,not having appeared by himself or his counsel,and it being now
satsfactorily proved to me upon oath [or declaration] that the defendant
has been duly served with 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 law] and now,having heard the mwtter of the said complaint,it is adjudged
and ordered that the defendant to [state the matter required to be done];
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 most usual place
of abode,he refuses or neglects to obey this order,then it is adjudged that
the defendant for such his disobedience be imprisoned in Victoria 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
authorizes 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
forthwith [or on the day of ,1 ,or by instalments,
etc.,];and if default is made in payment according to this adjudication and
ordered,it is ordered that the sum due thereunder be levied by distress and sale
of the defendant'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 siad sum,and all costs and charges
of the said distress,shall be sooner paid.
(Signed.)
[L.S.]
Magistrate.
FORM No. 25.
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 ,1
Information was laid [or complaint was made] defore the undersigned for
that, etc.[as in the summons 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 dult called,not having appeared];and the matter of
the said information [or complaint] being by me duly considered,it manifest-
ly appears to me that the said information [or complaint] is not proved,and,
it is therefore dismissed;and it is adjudged that the siad A.B.do pay to the
defendant the sum of for this 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 ,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 defailt of sufficient deitress in that behalf,it is adjudged that the said
A.B. be imprisoned in Victoria Gaol in the said Colony [and there kept
to hard labour] for the space of ,unless the said sum for costs,
and all and charges of the said distress,shall be sooner paid.
(Signed.)
[L.S.]
Magistrate.
FORM No. 26.
Order dismissing Information or Complaint and deirecting Person
charged to pay Damages.
HONGKONG.
IN THE POLICE COURT AT
Before J.P., Esquire,a Magistrate of the said Colony,aitting at the said
Police Court.
The day of ,1
C.D. (hereinafter called the defendant)has been charged on the information
[or complaint] of A.B. for that he,on the day of ,1 ,
at [state offence];and being of opinion that,though the said
charge is proved,the offence was of triflinga nature that it is inexpedient
to inflict any punishment,I do therefore hereby dismiss the said information
[or complaint].
[If payment of damages or costs is ordered,proceed as follows]:-
and it is ordered that the defendant to pay to the said A.B. for
damages and for costs;and it is ordered that the said sums be paid
forthwith [or on or before the day of ,1 ,or by
instalments of for every days,the first instal-
ment to be paid forthwith,or on or before the day of ,
1 ];and if default is made [proceed as in form of conviction for fine
to be levied by distress].
(Signed.)
[L.S.]
Magistrate.
FORM No.27.
Order to enter into Recognizance tp 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 ,1
A.B. having made complaint that C.D.(hereinafter called the defendant)
[state the facts entitled the complainant to the order,with the time and place
when and where they received];and the defendant having appeared,and on
hearing the matteer of the complaint,it is this day adjudged and ordered that
the defendant do forthwith duly enter into a recognizance in the sum of
with suret in the sum of [each] to keep
the peace and be of good behaviour towards Her Majesty and all her liege
people,and especially towards the complainant,for the term of now
next ensuing;and,if the defendant fails to comply with this order,it is ad-
judged that he be imprisoned in Victoria Gaol in the said Colony for the
space of ,unless he shall sooner comply with this order.
[If costs are ordered proceed as follows]:-
and it is also adjudged and ordered that the defendant do pay to the said A.B.
the sum of for costs forthwith [or on or before the day of
,1 ,or by instalments,etc.,];
and if default is made in payment according to this adjudication and order,
it is ordered [proceed as in form of conviction for five to be levied by dis-
tress.]
(Signed.)
[L.S.]
Magistrate.
FORM No. 28.
Recognizance conditioned to keep the Peace or to be of Good
Behaviour or not to do or commit some Act or Thing.
We,yhe undersigned C.D., if ,E.F.,of
and G.H., of ,severally acknowledge oueselves to owe to Our
Sovereign Lady the Queen 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 tene-
ments if the said C.D. fails in the condition hereon indorsed.
(Signed.)(where not taken orally)
C.D.,Defendant
E.F. Sureties.
G.H.
Taken(orally)before me,the day of ,1 ,
(Signed.)
[L.S.]
Magistrate.
[or
Superintendent of Victoria Gaol.
or as the xase may be].
CONDITION INDORSED.
The condition of the within-written recognizance is such if the within-
bounden C.D.keeps the pease and is good behaviour to towards Her Majesty
and all her liege people,and especially towards ,of
,for the term of now next ensuing [or abstains from doing
the thing forbidden,or as the case may be],then the said recognizance shall
be void,but otherwise shall remain in full force.
NOTE:-Where the recognizance is taken orally,omit the words 'the un-
designed,' and insert the word 'orally' after 'taken.'
FORM No. 29.
Summons to Person bound by recognizance which is alleged is alleged to have
been forfeited by Conviction of Principal.
HONGKONG.
IN THE POLICE COURT AT
To C.D.,of
You are hereby summoned to appear before me,the undersigned,a Magis-
trate of the said Colony,sitting at ,on the day of ,1 ,
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
,1 ,whereby you are bound to pay the sum of
should not be adjuf=dged to be forfeited,and why you should not be adjudged
to pay that sum.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 30.
Adjudication of Forfeiture of Recognizance where Person bound as
Principal has been convicted of an Offence which is
a Breach of the Condition.
HONGKONG.
IN THE POLICE COURT AT
The day of ,1
C.D. (hereinafter called the defendant)was by his recognizance entered
into the day of ,1 ,bound in the sum of
the condition of the recognizance being that
of should [state condition of reconizance]; 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 con-
dition of the said recognizance:Therefore it is adjudged that the said re-
cognizance if 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 for costs;and it is ordered that the said sums
be paid forthwith [or on or before the day of ,1 ,or by
instalments of for every days,the first instalment to be paid
forthwith or on or before the day of ,1 ,];and if
default is made in payment according to this adjudication and order,it is
ordered [proceed as in conviction for fine to be lebied by distress.]
(Signed.)
[L.S.]
Magistrate.
FORM No.31.
Order cancelling or mitigating Forfeuture of Recognizance.-
(To be indorsed on Recognizance).
HONGKONG.
IN THE POLICE COURT AT
Before J.P., Esquire,a Magistrate of the said Colony,sitting at the said
Police Court.
A warrant of distress was,on the day of ,1 ,issued
for levying the sum of declared to be forfeited under the within-
written recognizance,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 recognizance,and has given security to my satisfaction
for the future performance of the condition of the said recognizance,and has
paid[or given security for payment of] the costs incurred in respect of the
forfeiture thereof [or insert such other condition as the Magistrate may think
just]: Therefore the said forfeiture is hereby cancelled [or mitigated to the
sum of ]
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 32.
Summons to attend an Application for varying or dispensing
with Sureties.
HONGKONG.
IN THE POLICE COURT AT
To A.B.,for
You are hereby summoned to appear before a Magistrate of the said Colony,
sitting at on day,the day of ,1 ,at
o'clock m.in the noon,to show cause why the amount for
which it is proposed that the suret of should be bound
should not be reduced [or why the obligatiob of to find a surety [or
sureties] should not be dispensed with.]
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No.33.
Order varyinf Order for Sureties.
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 ,1
C.D. has been,under a warrant of commitment dated the day of
,1 ,and issued by this Court,committed to prison for default in find-
inf sureties [or 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 appear-
ing the order under which the said warrant was issued:Therefore it is order-
ed that the amount for which it is proposed that the surety[or sureties] of
the said C.D. should be bound be reduced to [or that the obligation
of the said C.D. to find a surety [or sureties]be dispensed with [or as may
be directed.]
(Signed.)
[L.S.]
Magistrate.
FORM No. 34.
Oral or written Acknowledgment of Undertaking to pay a sum
adjudged by a Conviction.
HONGKONG.
IN THE POLICE COURT AT
C.D.(hereinafter called the defendant)was this day [or was on the
day of ,1 ,]convicted before the said Court for that he,on the
day of ,1 ,at [state offence]: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,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 adjydged 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)
C.D., Defendant.
E.F. Sureties.
G.H.
Taken(orally)before me the day of
(Signed.)
Magistrate.
FROM No. 35.
Oral or written Acknowledgment of Undertaking to perform
Condition of Foefeited Recognizance.
HONGKONG.
IN THE POLICE COURT AT
C.D. was by his recognizance entered into the day of ,1 ,
bound in the sum 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 recognizance was on the
day of ,q ,declared to be forfeited,and the said C.D.
not having paid the said sum,a warrant of distress was, on the day of
,1 ,issued for recovery thereof,but no goods have been sold
under the warrant;and the said C.D. has applied to the undersigned Magis-
trate of the said C.D., as principal,and we,E.F., of ,and G.H.,of ,
[or I,E.F., of ,]as sureties[or surety],hereby ubdertake that the
condition of the said recognizance shall be duly performed,[and that the said
shall,on or before the day of ,q ,pay the sum of
for costs incurred in respect of the said forfeutire];and Imthe said
principal,and we,[or I]the said sureties[or surety],hereby severally ac-
knowledge ourselves bound to forfeit and pay to the Magistrate's Clerk [or
other person specified] the sum of in case the said principal fails
to perform the condition of the said recognizance.
(Signed.)(where not taken orally.)
C.D.,Defendant.
E.F. Sureties.
G.H.
Taken(orally)before me the day of ,1 ,
(Signed.)
[L.S.]
Magistrate.
FORM No. 36.
Declaration of Service of Summons or other Document.
I, ,of ,hereby solemnly declare that I did,on
day,the day of ,1 ,serve ,of ,
with the [warrant,summons,notice,process,or other document]now
shown to me,and marked A, by delivering a true copy thereof at
being his list [or most usual]place of abode.
Taken the day of ,1 ,before me,
(Signed.)
[L.S.]
Magistrate.
[or
Justice of the Peace.]
FORM No. 37.
Declaration as to Handwriting and Seal.
I, ,of ,hereby solemnly declare that the signature
to the document now produced and shown to me,and marked
A,is in the proper handwriting of ,of ,
[and that the seal on the said document is the proper seal of ].
Taken the day of ,1 ,before me,
(Signed.)
[L.S.]
Magistrate.
[or
Justice of the Peace.]
Form No.38.
Order for Restitution of Property.
HONGKONG.
IN THE POLICE COURT AT
Before J.P., Esquire,a Magistrate of the Colony,sitting at the said
Police Court.
The day of ,1
C.D. was charged before me,a Magistrate of the said Colony,fot that be,
on the day of ,1, at [state offence and
describe goods as in conviction],and having dealt with the case summarily,
the said C.D.has been this day convisted 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 the said goods to the said
the owner thereof.
(Signed.)
[L.S.]
Magistrate.
FORM No. 39.
Certificate of Dismissal.
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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No.40.
Warrant of Distress 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 executing 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
1 ,convicted before the said Court for that he,on the day of
1 ,at [state offence]:and it was adjudged that the defend-
ant 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 should be paid[etc., as in the con-
viction]; 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 to
make forthwith distress of the goods of the defendant9except the wearing
appearel and bedding of him and his family,and,to the value of $25 ,the tools
*omit direction as to payment of fine,or compensation,or costs,as the case may
require.
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 ad-
judication 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 Magis-
trate'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 fur-
ther proceedings may be had according to law.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
N.B.-The goods are not be sold until after the end of five clear days next fol-
lowing the day on which they are seized,unless the defendant consents or unless the goods
are perishable.
FORM No. 41.
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 execyting is not a Con-
stable] and to each and all of the Constables of the said Colony.
On the day of ,1 ,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 ,1 ,[or as ordered];and that,if de-
fault 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 defend-
ant's goods;and default has been made in payment according to the said
adjudiucation and order:Therefore you are hereby commanded [proceed as
in warrant of distress on conviction for fine.]
FORM No. 42.
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 execution is not a Con-
stable] 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 ,1 ,convicted before the said COurt for that
[state the offence as in the conviction],and it was adjudged that the defendant
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 or any part thereof:These
are,therefore,to command you,in Her Majesty's name,that you forthwith
make distress of the defendant's goods and chattels,and if,within the space of
days next after with the reasonable charges of taking and keeping the said dis-
tress,shall not be paid,that then you sell the said goods and chattels so
by you distrained,and pay the monney arising from such sale to the Ma-
gistrate's Clerk,that he may pay the same as by law directed,and may render
the overplus,is any,no 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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 43.
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 Con-
stable] and to each and all of the Constables of the said Colony.
On the day of ,1 ,complaint was made before the under-
signed[or J.P.,Esquire,]a Magistrate of the said Colony,for that [etc.,as
in the order] and on the day of ,1 ,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 person-
ally or by leaving the same for him at his or most usual place of abode,he
should refuse or neglect to obey the same,the defendant for such his dis-
obedience should be imprisoned in Victiria Gaol in the said Colony [and
there 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 of for his costs in that behalf;and 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 costs 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 paid,the said sum of
for costs or any thereof,but therein has made default:
These are,therefore,to command you,in Her Majesty'a name,that you
forthwith make distress of the defendant's goods and chattels,and if,within
the space of days next after the making of auch 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'a 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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 44.
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 execution is not a Con-
stable] and to each and all of the Constable of the said Colony.
On the day of ,1 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 dismisal];and afterwards,on the
day of ,1 ,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 adjudgef that the said A.B. should pay to the defendant the sum
of for his costs incurred by him un his defence in that behalf;and 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 goods and chattels of the
said A.B.; and it was adjudged that,in default of sufficient distress in that
behalf,the sald A.B. should be imprisoned in Vistoria Gaol in the said Col-
ony [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,or any part thereof:These are mtherefore,to com-
mand you,in Her 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 Magistrate'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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 45.
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 ,1
C.D.(hereinafter called the defendant)was charged for that he,on the
day of ,1 ,at ,[state offence];and on the hearing
of the said charge,on the day of ,1 ,before the under-
signed [or J.P., Esquire,] a Magistrate of the said Colony,the Magistrate
being of opinion that,though the charge was proved,offence was in the
particular case of so trifling a nature that it was inexpedient to inflict any
punishment,dismissed the information,but ordered that the defendant 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 od distress on conviction for fine,]
*Where no order to pay damages,omit words between asterisks.
Where no order to pay costs,omit words between crosses.
In either case substitute 'sum' for 'sums.'
FORM No. 46.
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 Con-
stble] and to each and all of the Constables of the said Colony.
C.D. was, by his recognizance entered into on the day of
1 ,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 ,1 ,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 herby commanded to forthwith make dis-
tress of the goods of the said ,except the wearing apparel and
bedding of him and his family ,and, to the value of twenty-five 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 recogni-
zance,together with the reasonale costs and charges of the making and keep-
ing of the said distress,he not paid,then to sell the said goods by you dis-
trained 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 said ,and if no such distress
is found,to certify the same to the said Court,in order that fuether proceed-
ings may be had accoring to law.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
Amount due under Recognizance
Paid
Remaining due
Costs of issuing Warrant
Total amount to be levied
*N.B.-The goods are not be sold until after the end of five clear days next follow-
ing the day on which they are seized,unless the owner consents or unless the goods
are perishable.
FORM No. 47.
Warrant of Distress for Sum due under Recognizance adjudged to be
forfeited by Conviction of Principal.
HONGKONG.
IN THE POLICE COURT AT
To [Insert name,etc., of Officer where the persons executing is not a Con-
stable] and to each and all of the Constables of the said Colony.
C.D.(hereinafter called the defendant)was,by his recognizance entered
into on the day of ,1 , 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 offence which is in law a breach of the said
condition,it was,on the day of ,1 ,adjudged by
the undersigned [or J.P.,Esquire,] a Magistrate of the said Colony,that
the said recognizance should be forfeited,and that the defendant should pay
the sum of for costs;and it was ordered that the said sum should
be paid [as in order],and that,if default should be made in payment accord-
ing to the said adjudication and order,the sum due thereunder should be levied
by distress abd sale of the defendant's goods;and default has been made in
payment according to the said adjudication and order:Therefore you are
hereby command [proceed as in warrant of distress for fine].
FORM No. 48.
Warrant of Distress for Sum dur 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 Con-
stable] and to each and all of the Constables of the said Colony.
C.D.(hereinafter called the defendant)was,on the day of
,1 ,convicted before the said Court for that he,on the day of
,1 ,at ,[state offence];and 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 satis-
faction of a Magistrate of the said Colony [or as in the conviction],seurity
with suret for the payment of the said sum at the time and in the
manner by the said conviction directed;and the defendant and
and his sureties [or surety] undertook that the defendant
would pay the said sum at the time and in the manner so directed,and [sever-
ally] acknowledged themselves [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 defend-
ant in pursuance of the said undertaking has not been paid and has been for-
feited;and notice of the said forfeiture has been duly served on the defend-
ant:Therefore you are hereby command [proceed as in warrant of dis-
tress on conviction for fine,substituting for the words 'being the sum stated
at the foot of this warrant to be due under the said adjudication and order,' the
words 'being the sum stated at the foot of this warrant to be due in pursu-
ance of the said undertaking,' and statung the amount at the foot as 'amount
due in pursuance of the said undertaking.']
FORM No. 49.
Return to a Warrant of Distress.
HONGKONG.
IN THE POLICE COURT AT
I,W.T., do hereby certify 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 defend-
ant whereon to levy the sums within mentioned.
Dated this day of ,1
(Signed.)
FORM No. 50.
Account of Costs and Charges incurred respect of the Execution
of a Warrant of Distress.
HONGKONG.
IN THE POLICE COURT AT
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
,1 ,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.
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 Superin-
tendent of Victoria 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 this
said offence should forfei and pay the sum of ,[etc., as in the com-
viction],and should pay to the said A.B.the sum of for costs;
and it was 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 con-
viction appointed for the payment of the said several sums has elapsed,but
the defendanthas 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 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 seceral sums shall be sooner paid;
and for your so doing this shall be your sufficient warrant.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 52.
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 Superin-
endent of Victoria Gaol in the said Colony.
On the day of ,1 ,complaint was made before the under-
signed,[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 ,1 ,
the parties appeared before me,[or J.P.,Esquire,]the said Magistrate,and
thereupon,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 ,1 ,and also should pay to the said
A.B. the sum of for costs;and it was also thereby adjudged that,
if thesaid sevreal sums should not be paid on or before the day of
,1 ,the defendant should be imprisoned in the said Gaol
and there kept ti hard labour] for the space of ,unless the said
several sums should be sooner paid;and whereas the time in and by the said
order appointed for the payment of the said several sums of money has elaps-
ed,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 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 several sums shall be sooner paid;and for
your so doing this shall be your sufficient warrant.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 53.
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 to the Superin-
tendent of Victoria Gaol in the said Colony.
[Proceed as in warrant of distress down to commanding part,and close
thus]:
and on the day of ,1 a warrant of distress was handed
for execution to ,a constable of the said Colony,commanding
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 distress as otherwise,that he has made
diligent search for the defendant's goods,but that no sufficient distress where-
on to levy the said sum could be found:These are, therefore,to com-
mand 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 cudtody 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 the costs 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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 54.
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 to the Superin-
tendent of Victoria Gaol in the said Colony.
C.D.(hereinafter called the defendant)was,on the day of
1 ,[or this day] convicted before the said Court for that he [state the offence
as in the conviction];and default ha been made in payment according to
the said adjudication and order;and a warrant of distress has been issued
against the defendant in pursuance of the said conviction,but no return has
been madethereto;and the defendant has not given sufficient security,to the
satisfaction of this Court,for hisappearance at the time and place appoint-
ed for the return of the said warrant:These are,therefore,to com-
mand 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 keep and detain him until the day of
,1 ,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 $ [each]conditioned for
his appearance on that dayland on that day,if such recognizance has not been
entered into,to convey and have him before a Magistrate of the said 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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 55.
Warrant of Commitment on a Conviction where the
Punishment is by Imprisonment.
HONGKONG.
IN THE POLICE COURT AT
To each and all of the Constables of the said Colony and to the Superin-
tendent of Victoria Gaol in the said Colony.
C.D. (hereinafter called the defendant) has been this day convicted before
the said Court for that he [state the offence as in the conviction];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
are,therefore,to command you,the said Constables,to take the defendant
and convey hint to the said Gaol,and there to deliver him to the said Superinten-
dent,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 ;and for your
so doinf this shall be your sufficient warrant.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 56.
Warrant of Commitment on an Order where Disobedience
to the Order is punishable by Imprisonment.
HONGKONG.
IN THE POLICE COURT AT
To each and all of the Constables of the said Colony,and to the Superin-
tendent of Victoria Gaol in the siad Colony.
On the day of ,1 complaint was made before the under-
signed,[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 ,1 ,
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 order];and it was adjudged that
if,upon a copy of the minute of that order being duly served on the de-
fendant,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,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 obeyeed the same:These are,therefore,to com-
mand 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 ;and for your so doing this shall
be your sufficient warrant.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 57.
Warrant of Commitment for Want of Distress in either of the
Cases mentioned in Forms Nos.41 and 42.
HONGKONG.
IN THE POLICE COURT AT
To each and all of the Constables of the said Colony and to the Superin-
tendent of Victoria Gaol in the said Colony.
[Recite the conviction or order and then proceed thus]:and whereas
afterwards,on the day of ,1 ,a warrant of distress
was issued against the defendant in pursuance of the said conviction [or
order];and it having been made to appear to me,as well by the return to
the said warrant of distress as otherwise,that diligentsearch for the defend-
ant'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 be 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 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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 58.
Warrant of Commitment for Want of Distress in the case
in Form No.44.
[Recite the order of dismissal and then procees thus]:and whereas
was issued against the said A.B. in pursuance of the said [order:and it
having benn made to appear on the day of 1,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 suffi-
cient distress whereon to levy the sum above mentioned could be found:
These are ,therefore,top 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,the said Superin-
tendent,to receive the said A.B.into your custody in the said Gaol and there
to imprison him [and keep hime to hard labour] for the space of
unless the said sum,and all costs and charges of the siad 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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 59.
Warrant of Commitment reducing Term of Imprisonment
on Part Payment.
[Adopt the ordinary form of warrant of commitment,but before the com-
manding part insert the following]:and on application to the said Court to
issue a warrant tp 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 appears 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 original 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 labour] 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 command [proceed as in ordinary warrant of commitment,
inserting reduced term of imprisonment].
FORM No. 60.
Register of Convictions and Orders.
HONGKONG.
IN THE POLICE COURT AT
The day of ,1
PART II
FORMS FOR THE RECOVERY OF CIVIL DEBTS.
FORM No. 61.
HONGKONG.
IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
To ,of
You are hereby summoned to appear before such Magistrate of the said
Colony as may be sitting at the said Court on day,the
day of ,1 ,at o'clock in the noon,to answer
the plaintiff's claim,the particulars of which are hereto annexed.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 62.
Summons to Witness.
HONGKONG.
IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
To ,of
You are hereby required to attend befire such Magistrate of the said
Colony as may be sitting at the said Court on day,the
day of ,1 ,at o'clock in the noon,to give
evidence in the above cause on behalf of the plaintiff[or defendant].
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 63.
Judgment ofr Plaintiff.
HONGKONG.
IN THE POLICE COURT AT
Before J.P.,Esquire,a Magistrate of the said Colony.
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
The day of ,1
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 the defendant pay the same to the
plaintiff forthwith [or on or before the day of ,1 ,or by in-
stalments of for every days,the first instalment to be paid forth-
with or on or before the day of ,1 ,];*and if default is
made in payment according to this adjudication and order,it is ordered that
the sum sue thereunder be levied by distress and sale of the defendant's goods.*
*Id security is accepted,substitue for words between asteriska:'and it is ordered that
the defendant be at liberty 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.
Judgment for Defendant.
HONGKONG.
IN THE POLICE COURT AT
Before J.P.,Esquire,a Magistrate of the said Colony.
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
The day of ,1
Upon hearing this cause this day,it is adjudged that judgment be entered for
thye defendant,and that the plaintiff pay the sum of for the defendant's
costs forthwith[or on or before the day of ,1 ,or by
instalments of for every days,the first instalmentto be paid
forthwith or on or before the day of ,1 ]; *and if default
is made in payment according to this adjudication and order,it is ordered
that the sum sue thereunder be levied by distess and sale of the plaintiff's
goods.*
(Signed.)
[L.S.]
Magistrate.
*If security is accepted,substitute for words between asteriska:'and it is ordered
that the plaintiff be at liberty to give to the satisfaction of a Magistrate[or a ],
security in the sum of [each],for payment of the said sum as above directed.'
FORM No. 65.
Judgment Summons.
HONGKONG.
IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
The day of ,1
To the above-named Defendant [or Plaintiff].
The plaintiff [or defendant] obtained an order against you, the above-named
defendant [or plaintiff],before the undersigned,[or J.P.,Esquire,]a Magistrate
of the said Colony,on the day of ,1 ,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 summoned to apprar
personally before such Magistrate of the said Colony as may be sitting at the
said Court in day,the day of ,1 ,at o'clock in
the noon,to be examined upon oath [or declaration] by the said
Court touching the means you have or have had since the date of the order
to satisfy the sum paybable in pursuance of the said order;and also to show
cause why you should not be committed to prison for such default.
(Signed.)
[L.s.]
Magistrate.
Amount of order,and costs $ c.
Paid into the Magistracy
Instalments not required
Deduct to 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 until dafault in payment of next instalments.
FORM No. 66.
Order of Commitment.
HONGKONG.
IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
To each and all of the Constables of the said Colony and to the Superin-
tendent of Victoria Gaol in the said Colony.
The plaintiff [or defendant] obtained an order against the defendant [or
plaintiff] before the undersigned,[or before J.P.,Esquire],a Magistrate of
the said Colony,on the day of ,1 , for the payment
of ,and the defendant [or plaintiff]has made default in
payment of ,payable in pursuant of the said order;and a summons
was,at the instance of the plaintiff [or defendant],duly issued,by which the
defendant [or plaintiff]was required to appear personally before such Magis-
trate of the said Colony as might be sitting at the said Court on the day
of ,1 ,to be examined 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 pursuant of the sais order,and to show cause why
he should not be committed to prison for such default;and at the hearing of
the said summons the defendant [or plaintiff] appeared [or the summons was
prived to have been duly served],and it was 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 be committed to prison:Now,therefore,it is ordered that,for
such default,the defendant [or plaintiff] be committed to prison for
days,unless he shall sooner pay the same stated below as that on the payment
of which he is to be discharged;and you are hereby required,you the said
Constables,to take the defendant[or plaintiff]and convey him to the
said Gaol,and there to deliver him to the said Superintendent,together with
this order;and you,the said Superintendent,to receive the defendant[or
plaintiff[and keep him safelt in the said Gaol for days from the
arrest under this order,or until he is sooner discharged by due sourse of law.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
$ c.
Total sum payable at the time of hearing of the judgment sum-
mons
Hearing of summons,and costs of order
Total sum on payment of which the prisoner will be discharged
FORM No. 67.
Certificate for Discharge of a Prisoner from Custody.
HONGKONG.
IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
To the Superintendent of Victoria Gaol in the said Colony.
I hereby certify that the defendant [or plaintiff],who was committed to
your custody by virtue of an order commitment dated the day of
,1 ,has paid and satisfied the sum of money for the non-payment
whereof he was so committed,together with all costs due and payable by him
in respect thereof,and may in respect of that order be forthwith discharged
out of your custody.
Dated this day of ,1
(Signed.)
Magistrate's Clerk.
FORM No. 68.
Distress Warrant.
HONGKONG.
Between Plaintiff
(Address
Description)
and
(Address Defendant.
Description)
To each and all of the Constables of the said Colony.
On the day of 1 ,it was adjudeged and ordered by the
undersigned,[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 thatthe said sum should be paid on the
day of ,1 ,[or as in the judgement],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 [or plain-
tiff's],goods;and default has beem 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 [or plaintiff],except the
wearing apparel and bedding of him and his family,and,to the value of twenty-
five 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 ad-
judication and order,together with the reasonable charges of the making and
keeping of the said distress,be not paid,then to sell the said goods by you
distained, and pay the money arising thereby to the Magistrate's Clerk,in
order that it may applied according to law,and that the overplus,if any,
may be rendered on demand to the defendant [ir plaintiff];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 ,1
(Signed.)
[L.S.]
Magistrate.
$ c.
Amount adjudged
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 the five clear days next follow-
ing the day on which they were seized,unless the defendant otherwise consents or unless
the goods are perishable.
FORM No. 69.
Oral or Written Acknowledgment of Undertaking to pay Civil Debt.
HONGKONG.
IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
It was this day [or on the day of ,1 ] 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
dabt[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 [or on or before the day of ,1 ,
or by instalments of for every days,the first instalment
to be paid on the day of ,1 ,]and that the defendant
should be at liberty to give,to the satisfaction of a Magistrate [or as in the ]
judgement],security in the sum of ,with suret
in the sum of [each],for the payment of the sum so ordered to be
paid as thereby directed;Now ,therefore,I,the defendent,as principal,and
we E.F., of ,and G.H., of ,as sureties [or I,F.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 undertaking.
(Signed.)(where not taken orally).
C.D., Defendant.
E.F.
G.H. Sureties.
Taken [orally]before me the day of
(Signed.)
Magistrate.
PART III
FORMS FOR INDICTABLE OFFENCES.
FORM No. 70.
Caution to and Statement by Accused.
HONGKONG.
IN THE POLICE COURT AT
BEfore J.P.,Esquire ,a Magistrate of the said Colony.
C.D.(hereinafter called the accused)stands charged before the undersigned,
a Magistrate of the siad Colony,for that he,on the day of ,
1, at [etc.,as in the heading to the depositions] and the said
charge being read to the accused and the witness for the 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 ,1
(Signed.)
C.D.
Taken before me at the day and year last above written.
(Signed.)
Magistrate.
FORM No. 71.
Examination of Accused by Magistrate.
HONGKONG.
IN THE POLICE COURT AT
Before J.P., Esquire,a Magistrate of the said Colony.
C.D.(hereinafter called the accused)stands charged before the undersigned,
a Magistrate of the said Colony,for that he,on the day of ,
1 ,at [etc., as in the heading to the depositions];and
the witness for the prosecution having been called and examined,[or at
whatever stage of the case the Magistrate examines the accused],the following
questions were put by the undersigned Magistrate to,and the following aas-
wers were received from,the accused;
Question:(in full.)
Answer:(in full.)
(and so on.)
(Signed.)
C.D.
I hereby certify that the above questions and answers having been read
over and explained to the accused,and made conformable to what he declared
to be the truth and signed by him,were taken in my presence and hearing on
the day of ,1 , and contain accurately the whole of the
statement made by the accused.
(Signed.)
[L.S.]
Magistrate.
FORM No. 72.
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 ,1
A.B.,of ,personally came before me,the undersigned,and acknow-
ledged himself to owe to Our Sovereign Lady the Queen the sum of ,
to be made and levied of his goods and chattels,lands and tenements,to the
use of Our Sovereign Lady the Queen,her heirs and successors,if he,the said
A.B.m shall fail in the condition indorsed.
Taken and acknowledged before me at the day and year
first above mentioned.
(Signed.)
[L.S.]
Magistrate.
Condition to prosecute.
If therefore he,the said A.B.,shall appear at the next [or as may be]
Criminal Session of the Supreme Court,and there prefer or cause to be preferred
against the said C.D. an indictable for the offence aforesaid,and there also
duly prosecute such indictable,then the said recognizance to be void,or else
to stand in full force and virtue.
[Where the condition is to prosecute 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 prosecute such indictment,and give
evidence thereon to the Supreme 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 condition 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 aforesiad to the
Supreme Court and Jurors on the trial of the said C.D., then the said recogniz-
ance to be void,or else to stand in full force and virtue.'
FORM No. 73.
Notice of the said Recognizance to be given to the Prosecutor
and his Witness.
HONGKONG.
IN THE POLICE COURT AT
Take notice that you,A.B., of ,are bound in the sum of
to appear at the next Criminal Session of the Supreme Court [or as
the case may be],and then and there prosecute and give evidence [according
to the condition]against C.D., and unless you then appear there and pro-
secute and give evidence accordingly,the recognizance entered into by you
will be forthwith levied on you.
Dated this day of ,1
((Signed.)
Magistrate.
FROM No. 74.
Commitment of Witness foor refusing to enter into the Recognizance.
HONGKOMG.
IN THE POLICE COURT AT
To each and all of the Constables of the said Colony and to the Superin
tendent of Victoria Gaol in the said Colony.
Whereas C.D was lately charged before the undersigned,a Magistrate of
the said Colony,for that [etc.,as i the summons to the witness];and it 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
,1 ,at ,or before such other Magistrate as
should then be there,to testify what be 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 testify a s aforesaid has been now examined by me touching
the premises,but being by me required to enter into a recognizance condi-
tioned 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
his safely to convey to the said Gaol and there deliver him to the said Su-
perintendent,together with this precept;and you,the said Superintendent,
to receive the said F.F. into your custidy in the said Gaol and there to imprison
and safely keep him until after the trial of the said C.D. for the offence afore-
said,unless in the meantime the said E.F. shall duly enter into such recog-
nizance as aforesaid in the sum from,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 indictable should be filed
against him for the same.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 75.
Subsequent Order to discharge the Witness.
HONKONG.
IN THE POLICE COURT AT
To the Superintendent of Victoria Gaol in the said Colony.
Whereas by mu order,dated the day of ,1 , reciting
the C.D.was lately charged vefore me for a certain offence therein mentioned,
and E.F., having appeared before me and being examined as a witness for the
prosecution in that behalf,refused to enter into a recognizance to give evidence
against the said C.D., and I therefore thereby committed the said E.F. to your
custody,adn required you safely to keep him until after the trial of the said
C.D. for the required aforesaid,unless in the meantime he should enter into such
recognizance as aforesaid;and whereas,for want of sufficient evidence against
the said C.D.,the said C.D. has not been committed or holden to fail for the
said offence,but on the contrary has been since discharged,and it is therefore
noit necessary that the said E.F.should be detained longer in your custody;
These are,therefore,to order and direct you, the said Superintendent,to dis-
charge the said E.F. out of your custody as to the said commitment,and suf-
fer him to go at large.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 76.
Warrant remanding Accused.
HONGKONG.
IN THE POLICE COURT AT
To each and all of teh Constables of the said Colony and to the Superin-
tendent of Victoria Gaol in the said Colony.
Whereas C.D. was this day charged before the undersigned,a Magistrate
of the said Colony,for that [tec.,as in the warrant to apprchend];and it
appears to me to be necessary to remand the said C.D.;These are,therefore,
to command you,the said Constables,in Her Majesty's name,forthwith to
convey the said C.D. to the said Gaol and there deliver him to the said Superin-
tendent,together with this prceept;and you,the said Superintendent,to
receive the said C.D. into your castedy in the said Gaol and there safely
keep him until day,the day of ,1 ,when I hereby
command you to have him at the said Police Court,at o'clock in the
noon of the same day,before such Magistrate of the said Colony as
may be sitting at the siad 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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 77.
Recognizance of Bail instead of Bemand,on an Adjournment
of Examination.
HONGKONG.
IN THE POLICE COURT AT
On the day of ,1 C.D., of
E.F., of ,and G.H., of ,personally came before
me,a Magistrate of the said Colony,and severally aknowledged themselves
to owe to Our Sovereign Lady the Queen the several sums following; that
is to say,the said C.D. the sum of ,and the said F.G. and G.H.
the sum of each, to be made and levied of their seceral goods and
chattels,lands and tenements,respectively,to the use of Our Sovereign Lady
the Queen,her heirs and successors,if he,the said C.D.,shall fail in the con-
dition hereon indorsed.
Taken and acknoeledged the day of ,1 at
, before me
(Signed.)
[L.S.]
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 ,
1 ,] 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 adjourn-
ed until the day of ,1 ; if therefore the said C.D.
shall appeal before me on the said day of ,1 ,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 vitue.
FORM No. 78.
Notice of the siad Recognizance to be given to Accused and
his Suretied.
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
,1 ,at o'clock in the noon,at to answer
further to law;and unless you,C.D.,personally appear accordingly,the re-
cognizance entered into by yourself and your sureties will be forthwith levied
on you and them.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FROM No. 79.
Recognizance of Bail.
HONGKONG.
IN THE POLICE COURT AT
On the day of ,1 C.D.,of
E.F., of , and G.H., of
personally came before me,the undesigned,a Magistrate of the said Colony,
and severally acknwleded themselves to owe to Our Sovereign Lady the
Queen 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 of their several goods and chattels,lands and tenements,respect-
ively to the use of Our said Lady the Queen,her heirs and successors,if the
said C.D> shall fail in the condition hereon indorsed.
Taken and acknowledged the day of ,1
at before me,
(Signed.)
[L.S.]
Magistrate.
Condition of the within-written recognizance is such that whereas the
said C.D. was this day charged before me,the within-mentioned Magistrate,for
that he [etc., as in the warrant];if therefore the said C.D. shall appear at the
next Criminal Session of the Supreme Court [or as the case may be] and there
surrender himself into the custody of the Superintendent of Victoria Gaol in
the said Colony and plead to such indictment as may be filed against
him by the Attorney General for or in respect of the charge aforesaid ,and
take his trial upon the same, and not depart the said Court wiothout leave,
then the said recognizance to be void,or else to stand in full force and virtue.
FORM No. 80.
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 [etc.,as in the condition of the recognizance],and not
depart the said Court without leave; and unless you, C.D., personally
appear and plead,and take your trial accordingly,the recognizance entered
into by yourself and your sureties will be forthwith levied on you and them.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 81.
Certificate of Consent to Bail by the Committing Magistrate
indorsed on the commitment.
HONGKONG.
IN THE POLICE COURT AT
I hereby certify that I consent to the within-named C.D. being bailed by
recognizance,himself in the sum of and [two] sureties in the sum of
[each.]
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 82.
Warrant of Deliverance on Bail being given for a Prisoner
already aommitted.
HONGKONG.
IN THE POLICE COURT AT
To the Superintendent of Victoria Gaol in the said Colony.
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 Our Sovereign Lady the Queen for that he [etc., as
in the commitment],for which he was taken and committed to the said Gaol;
These are,therefore,to command you,in Her 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 ,1
(Signed.)
[L.S.]
Magistrate.
PART IV
FORMS FOR INDICTABLE OFFENCES TRIABLE SUMMARILY.
FORM No. 83.
Summary Conviction of Indictable Offence.
HONGKONG.
IN THE POLICE COURT AT
Before J.P.,Esquire,a Magistrate of the said Colony.
The day of ,1
C.D.(hereinafter called the defendant)having been charged for that he,on
the day of ,1 ,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 is adjudged that he pay [or
that he be imprisoned, insert particulars] for his said offence [proceed as in
ordinary forms of summary conviction.]
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 84.
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 ,1
C.d.(hereinafter called the defendant)having been charged on the infor-
mation of for that he,on the day of ,1 ,
at ,[state offence];and the Magistrate having determined to try the
case summarily;and the matter of the said charge having been duly consid-
ered 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 ,1 ]; and if
default is made [proceed as in a conviction for fine to be levied by distress.]
(Signed.)
[L.S.]
Magistrate. FORM No. 85.
Application to Magistrate to state a Case.
HONGKONG.
IN THE POLICE COURT AT
TO J.P.,Esquire,a Magistrate of the said Colony.
In the matter of an information [or complaint] wherein I,the undersigned
A.B.,was information [or prosecutor or complainant] and C.D. was defendant,
heard and determined before you at the said Police Court on the day
of ,1 , 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 to you to
state and sign a case setting forth the facts and ground of such your determin-
ation,in order that I may appeal therefrom to the Full Court.
Dated this day of ,1
(Signed.)
A.B.
FORM No. 86.
Magistrate's Certificate for Leave to appeal by way of Re-hearing.
HONGKONG.
IN THE POLICE COURT AT
Whereas on the day of ,1 an information [or com-
plaint] preferred by A.B. against C.D., 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 A.B. the sum of
here state the adjudication of fine,sum,or imprisonment and costs as in a
conviction or order,or,or,if dismissed:and thereupon the said information [or
complaint] was dismissed, [and the said A.B. was ordered to pay to the de-
fendant the sum of for his costs incurred by him in his defence in
that behalf][concludes in the order of dismissed]:and whereas the defendant
[or A.B.], being dissatisfied with the said determination and alleging that he
pursuant to section 103 of the Magistrates Ordinance,1890,for leave to ap-
peal to the Full Court by way of re-hearing:Now I do hereby certify that I
have granted such leace accordingly.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 87.
Magistrate's Certificate of Refusal to state or amend Case or to grant
Leave to appeal.
HONGKONG.
[Commence as in the last Form down to the end of the first recital and then
continue as follows:]
and whereas the defendant [or A.B.], being dissatisfied with the said deter-
minaiton and alleging that he is aggrieved thereby as being erroneous in point
of law [or fact],has applied to me pursuant to section 93 [or section 103]
of the Magistrates Ordinance,1890,to state and sign a case setting forth the
facts and ground of such determination in order that he may appeal there-
from to the Full Court [or ro grant leave of appeal to the Full Court by
way of re-hearing]; [and,if so,and whereas,on the day of ,
1 ,I stated and signed a case accordingly,but the defendant [or A.B.] is
dissatisfied with the way in which I have so stated such case and has,pur-
suant to section 100 of the said Ordinance,duly applied to me to amend the
same by [here state what amendment is desired]:Now I,being of opinion
that the application of the defendant [or A.B.] is merely frivolous,have
refused to state such case [or to grant such leave to appeal or now I,having
refused to amend such case],of which refusal the defendant [or A.B.] has
requested me to sugn and deliver to him a certificate:Now therefore 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 A.B.] as
aforesaid is merely frivolous,and that I have refused to state such case
accordingly [or that I have refused to grant such leave to appeal or to amend
such case].
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 88.
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 undesigned, 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 herein-
after stated.
1.At the Police Court in the said Colony,at ,on the day of
,1 ,an information [or a complaint],preferred by A.B.(hereinafter
called the Responent)against C.D. (hereinafter called the Appellant) [or as
the case may be], undersection 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 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:and 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 groungs
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,recite 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 ap-
plication [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 proc-
ed 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 con-
viction [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 purpose of enabling the said Court to determine the questions
raised between the parties,the following fuether 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 following paragraph:It is agreed that if either party shall wish to refer
to [a document 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 the [here state the legal
objection or objections to the findings 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 Ordi-
nance [or Statute, or as the case may be, the dismissal of the information or
aomplaint,rejection of evidence 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 ,1
(Signed.)
[L.S.]
Magistrate.
FORM No.89
Recognizance of Appeal.
HONGKONG.
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] or J.P., Esquire,a Magistrate of the
said Colony, bearing date the day of ,1 ,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 such ap-
peal,and shall pay such costs as may be awarded by the said Court [add, if
Appellant is liberated from custody and further if the said
shall submit to the judgement of the said Court,and shall, within ten days from
the date thereof, appear before a Magistrate of the said Colony to abide by
the said judgement in case such conviction [or order] is not quashed, set aside,
or reversed],then the within-written recognizance shall be void,but otherwise
shall remain in full force and virtue.
FORM No. 90.
Order to bring up Appellant in Custody to enter into
Recognizance of Appeal.
HONGKONG.
IN THE POLICE COURT AT
To the Superintendent of Victoria Gaol in the said Colony.
You are hereby ordered to bring C.D. now in your custody,before the
undersigned,a Magistrate of the said Colony,or such Magistrate as may then
be sitting at the said Court,on day,the day of
1 ,at o'clock in the noon,that he may enter into a recog-
nizance with suret conditioned to appear and try an appeal
from the conviction [or order],dated the day of ,1 ,
of the undersigned [or J.P.,Esquire,] a Magistrate of the said Colony,and
may be thereupon,if the Magistrate thinks fit,released from your custody.
Dated this day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 91.
Certificate of Registrar of the Supreme Court that the Costs of an
Appeal have not been paid.
REGISTRY,SUPREME COURT,HONGKONG.
(Title of the Appeal).
I hereby certify that at the sitting of the Full Court on the day of
,1 ,an appeal by C.D. against a conviction [or order] of
J.P., Esquire,a Magistrate of the said Colony,came on to be tried,and was
then heard and determined, and the Full Court thereupon ordered that the
said conviction [or order] should be confirmed [or quashed],and that the said
[Appellant] should pay to the 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
,1 ,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 ,1
(Signed.)
[L.S.]
[Deputy] Registrar.
THE SECOND SCHEDULE
RULES.
Summary Proceedings.
1.Where,in pursuance of any Ordinance or Statue, a Magistrate 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 regis-
ter 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 the Magistrates.
2.-(1.)The return referred to in section 30 (4.)of the Ordinance shall con-
tain 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 Colonial Treasurer,and shall
be in the Form No.1 in the Appendix to these Rules.
4.-(1.)All fines imposed by a Magistrate shall appear in the last-men-
tioned 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 been paid or recovered by distress,or
the term of imprisonment imposed in default of payment or of sufficient dis-
tress has expired,the Magistrate's Clerk shall then enter the sum in the ac-
count: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 Colonial Treasurer may direct.
5.Where a Magistrate's Clerk renders an account in the required or author-
ized 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 same particulars.
6.-(1.)The Magistrate's Clerk shall enter on the day of its receiipt each
sum of money received by him on any account whatever.
(2.)Each instalment so received shall be entered in a book called the In-
stalment Ledger, to an account to be opened in respect of the prroceeding in
which the sum is paid.
7.-(1.)The Magistrate;s Clerk shall send, on the 10th January, April,
July, and October in each year, to the Colonial Secretary a certified state-
ment in the Form No.2 to in the Appendix to these Rules of all fines which
have been payable wholly or in part to the Colonial Treasurer.
(2.)If no such fines have been enforced payment of any sum due by a principal
in pursuance of a security under the Ordianance which appears to the Megis-
trate to be forfeited, the sum shall be paid to the Magistarte's Clerk, and shall
be paid and appied by him in the manner in which fines imposed by a Ma-
gistrate 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 acknow-
ledgement 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 two clear days before a warrant of distress is issued
for a sum due by a principal in pursuance of a forfeited security unbder 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 applica-
tion 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's 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
or to the gaoler in whose custody the prisoner is.
(2.)Where it is paid to the Clerk, he shall sign a certificate of the payment,
and, on receiving the certificate by post or otherwise, the gaoler in whose
custody the prisoner then is still 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 forth-
with 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 enforceeable by
warrant of distress and sale or by imprisonment not exceeding six weeks,
unless the same shall be sooner paid.
Appeals.
16.In all cases of appeal to the Full Court on questions of law under Part
VI of the Ordinance, the party setting down the appeal for argument shall,
at the time of setting down the appeal for argument and when the appeal is
to be heard before two Judges, furnish the Registrar with an additional copy
of the case stated and of the depositions, if any, attached thereto; and if he
fails to do so the other party to such appeal may, on the day following, deliver
such copy as ought to have been delivered by the party making default; and
the party making default shall not heard until he was paid for such addi-
tional 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 aforesaid which
does not in substance comply with the requirements of the last preceding
Rule shall not be allowed on taxation, unless the Full Court or the Judge
before whom the appeal is heard specially so directs.
HONGKONG.
IN THE POLICE COURT AT
Account of all Fines and Fees and other Sums of Money imposed or received, showing their Appropriation and the
Portions payable to the Colonial Treasurer for the ending ,1
A transcript to be forwarded to the Colonial Treasurer forthwith at the time prescribed by him, with a remittance for the
amount payable to him.
HONGKONG.
IN THE POLICE COURT AT
Return of Fines, Peualties, &c., imposed during the Quarter ending
I certify that the following is a correct statement of all fines and penalties imposed during the quarter above stated at this Police
Court, which are payable either wholly or in part to Her Majesty or the Colonial Treasury, and also of forfeitures, the proceeds of
which are similarly payable, the total amount being $
Dated this day of ,1 (Signed.)
Magistrate's Clerk.
THE THIRD SCHEDULE
LIST OF OFFENCES EXCLCDED FROM SUMMARY JURISDICTION.
1.Any offence which is ounishable 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 Piracy Ordinance, 1868.
4.Misprison of treason.
5.Any offence against the Queen's title, prerogative, person, or govern-
ment.
6.Blasphemy and offences against religion.
7.Perjury and subornation of perjury.
8.Making or suborning any other person to make a false oath, affirmation,
or declaration 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 defama-
tory libels.
11.Defamation.
12.Brgamy.
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 ten 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, know-
ing the same to be forged or altered, any ubdertaking, warrant, order, author-
ity, or request for the payment of money or for the delivery or transfer of any
goods or chattels, where the amount of such money, or the value of such goods
or chattels, does not exceed fifty dollars.)
16.Stealing, or fraudulently taking, or injurying, or destroying records or doe-
uments 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, agents, bankers, or factors and
mentioned in any of section 62 to 73 both inclusive, of the Lareeny Ordi-
nance, 1865.
A.D. 1890. Ordinance No. 10 of 1890, with Ordinances No. 12 of 1895, No. 22 of 1898, No. 16 of 1900 and No. 29 of 1901 s. 6 incorporated. Short title. Interpretation of terms. 42 & 43 Vict.c. 49 s. 18. Ib.s.49. Saving as to Acts relating to regular to auxiliary forces. Saving as to fine fixed by treaty with Foreign State. Saving as to specially enacted procedure. Use of forms. First Schedule. 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. First Schedule: Form No. 1. Issue of warrant in case of disobedience of summons or in first instance, etc. First Schedule: Form No. 2; Form No. 3. Manner of making complaint or laying information. 11 & 12 Vict.c. 43 s. 10. Place and manner of hearing. Ib.s.12. Non-appearance and appearance of parties, and procedure thereon. Ib.s.13. First Schedule: Form No. 12; Form No. 5; Form No. 7. Proceedings at bearing. 11 & 12 Vict.c. 43 s. 14; 18 & 19 Vict.c. 126 s.4. First Schedule: Form No. 25; Form No. 39. Adjournment of hearing and procedure thereon. 11 & 12 Vict.c. 43 s. 16. First Schedule: Form No. 4; Form No. 5; Form No. 7. Provisions as to witnesses. 11 & 12 Vict.c. 43 s. 7. First Schedule: Form No. 8; Form No. 9; Form No. 10; Form No. 11. Variance between information and evidence. Ib.s.9. First Schedule: Form No. 5; Form No. 7. Description of property of partners in complaint of information. 11 & 12 Vict.c 43 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. Ib.s.17. First Schedule: Forms Nos. 14-21; Forms Nos. 22-32. Proof by declaration of service of process and of handwriting, etc. 42 & 34 Vict.c. 49 s. 41. First Schedule: Forms Nos. 36 and 37. Form and execution of warrant, etc. 11 & 12 Vict.c. 43 s. 3. First Schedule: Form No. 5; Form No. 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. First Schedule: Form No. 5. Provisions as to proceedings, etc. 11 & 12 Vict.c. 43 s. 14; 42 & 43 Vict.c. 49 s. 39. Taking of minute of proceedings. First Schedule: Form No. 13. Keeping of register of cases. 42 & 43 Vict.c. 49 s. 29. Second Schedule. First Schedule: Form NO. 60. Power to discharge defendant without punishment in case of trifling offence. 42 & 43 Vict.c. 49 s. 16. First Schedule: Forms Nos. 26 and 45; Form No. 21; Form No. 5. Appropriation of money found on defendant for payment of fine not exceeding $5. Power to mitigate punishment. 42 & 43 Vict.c. 49 s. 4. Summary order. Ib.s.31. Provision as to mode of payment of sum adjudged to be paid. 42 & 43 Vict.c. 49 s. 7. First Schedule: Form Nos. 15-21. Return by Magistrate's order of property taken from defendant. Ib.s.44. Prosecution and punishment of aider or abettor. 11 & 12 Vict.c. 43 s. 5. Rule as to cumulative sente fees for assault. 42 & 43 Vict.c. 49 s. 18. First Schedule: Forms Nos. 40-79. Warrants of distress. 11 & 12 Vict.c. 43 s. 19. First Schedule: Form No. 16; Forms Nose. 10 and 11. Allowing defendant go at large until return made to warrant, etc. Ib.s.24. First Schedule duel: Form No. 51. Commitment of defendant in default of sufficient distress. Ib.s.21. First Schedule: Form No. 19; Form No. 53. Commitment of defendant where no remedy or punishment in default of sufficient distress. 11 & 12 Vict.c. 43 s. 22. First Schedule: Form No. 53. Commitment of defendant in first instance. Ib.s.23. First Schedule: Forms Nos. 51 and 52. Commitment for disobedience of order to do some act, etc., not being payment of money. 11 & 12 Vict.c. 43 s. 21. First Schedule: Forms Nos. 55 and 56; Forms Nos. 42 and 43; Form No. 58. Commitment for subsequent offence. Ib.s.25. On payment of fine and expenses distress not to be levied, or party, if imprisoned. to be discharged. Ib.s.28. Regulations as to warrants of distress. 42 & 43 Vict.c. 49 s. 43. First Schedule: Form No. 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. First Schedule: Forms Nos. 24 and 59. Security for good behaviour. Exercise on complaint of power to bind over to keep the peace. 42 & 43 Vict.c. 49 s. 25. First Schedule: Form No. 28; Form No. 27. Power to reduce or veary security. Ib.s.26. First Schedule: Form No. 32. Second Schedule. Fist Schedule. Form No. 33. Recognizance taken out of Court. Ib.s.42. Second Schedule. Mode of giving security and enforcement thereof. 42 & 43 Vict.c. 49 s. 23. First Schedule: Forms Nos. 5 and 34; Form No. 48; Form No. 6. Second Schedule. Enforcing recognizance for appearance. Ib.s.9. First Schedule: Form No. 5; Form No. 46; Form No. 31; Form No. 35; Form No. 28; Forms Nos. 29, 30, and 47. Recovery of civil debts and costs. 42 & 43 Vict.c. 49 s. 6. First Schedule: Form No. 61. Enforcing civil debt. Ib.s.35. First Schedule: Forms Nos. 62-99. Scale of imprisonment for non-payment of money adjudged to be paid, etc. 42 & 43 Vict.c. 49 s. 5. 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. First Schedule: Forms Nos. 44 and 58. Costs where fine does not exceed $2. 42 & 43 Vict.c. 49 s. 8. Adjudications and certificates under the Pawn-brokers Ordinance, 1860. No. 1 of 1860. Procedure on information being laid. 11 & 12 Vict.c. 42 s. 1. First Schedule: Form No. 3; Form No. 1; Form No. 2. Warrant to apprehend for offence committed on high seas, etc. 11 & 12 Vict.c. 42 s. 2. Warrant to apprehend where indictment is filed by Attorney General and accused is at large. Ib.s.3. First Schedule: Form No. 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. Ib.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. First Schedule: Form No. 11. Power to remand accused. 11 & 12 Vict.c. 42 s. 21. First Schedule: Form Nos. 12 and 76; Forms Nos. 77 & 78. Place where examination taken not an open Court. Ib.s.19. Taking of evidence at bearing. Ib.s.17. First Schedule: Form No. 13. Reading over of depositions and cautioning of accused. 11 & 12 Vict.c. 42 s. 18. First Schedule: Form No. 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. First Schedule: Form No. 72; Form No. 73; Form No. 71; Form No. 75. See Ordinance 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. Ib.s.27. See Ordinance No. 9 of 1890 s. 11.Saving as to Ordinance relating to women and girls. See Ordinances No. 4 of 1807. Indictable offences waien may be dealt with. Third Schedule. First Schedule: Form No. 83. Procedure as to indictable offences triable summarily. 42 & 43 Vict.c. 49 s. 27. First Schedule: Form No. 83: Form No. 38; Form No. 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. Course where two Magistrates disagree. Power to impose whipping in certain cases. No. 5 of 1865. Power to sentence juvenile thief to be whipped for certain offences. Punishment of the Stocks. Power to award compensation in addition to punishment. Power to commit person using insulting language to, or concerning or in presence of Magistrate. Power to award compensation or penalty for malicious presecution or false testimony. Imprisonment for non-payment of fine. No. 1 of 1845. Forfeiture of articles in certain cases. See Ordinance No. 1 of 1903. Penalty on person found drunk, etc. 35 & 36 Vict.c. 91 s. 12. See Ordinance No. 8 of 1898. Provisions relating to bail. First Schedule: Forms Nos. 79 & 80; Form No 1. Warrant of deliverance where accused is in prison when bail granted. 11 & 12 Vict.c. 42 s. 24. First Schedule: Form No. 82. Review of decision and re-hearing by Magistrate. See Ordinance No. 9 of 1899 ss. 12-4. Power to Magistrate to examine accused, and procedure thereon. First Schedule: Form No. 81. Application to state case on joint of law. 20 & 21 Vict.c. 43 s. 2; 42 & 43 Vict.c. 49 s. 33. First Schedule: Form No. 85; Form No. 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. Power to the Full Court to send back case for amendment. 20 & 21 Vict.c. 43 s. 7. Application for leave to appeal by way of re-hearing. First Schedule: Form NO. 86. Filing of motion in the Full Court. Procedure on re-hearing. Giving of security by appellant and fees. First Schedule: Form No. 89; Form No. 90. Refusal to state case or to grant certificate for leave to appeal. 20 & 21 Vict.c. 43 s. 4. First Schedule: Form No. 87. Compelling Magistrate to state or amend case or to grant certificate. IB.s.5. Power to the Full Court to determine questions on case or re-hearing. 20 & 21 Vict.c. 43 s. 6. Enforcing determination after appeal. Ib.s.9. Issue of warrant of distress or commitment for execution of conviction or order after appeal. 11 & 12 Vict.c. 43 s. 27. First Schedule: Form No. 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 of 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, not 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 Ib.s.8. Notice of action. 11 & 12 Vict.c. 44 s. 9. Tender and payment of money into Court. Ib.s.11. Nonsuit or verdict or judgment for defendant in certain cases. Ib.s.12. Amount of damages in certain cases 11 & 12 Vict.c. 44 s. 13. Rules. Second Schedule. Making of regulations as to costs and fees. Sections 10 and 62. Sections 11 and 62. Sections 11, 62, and 64. Section 16. Sections 14, 16, 18, 25, 27, 31, 53, and 54. Section 53. Sections 14, 16, 18, and 25. Section 17. Section 17. Section 17. Section 17 and 69. Sections 14 and 70. Sections 29 and 72. Section 23. Sections 23 and 35. Sections 23, 35 and 39. Sections 23 and 35. Sections 23 and 35. Sections 23 and 35. Sections 23 and 35. Sections 21, 23, and 35. Section 23. Section 23. Sections 23 and 48. Sections 15 and 23. Sections 23 and 31. Sections 23 and 50. Sections 23, 50, and 54. Sections 23 and 54. Sections 23 and 51. Sections 23 and 54. Sections 23 and 51. Section 51. Section 53. Section 54. Section 24. Section 21. Section 81. Section 15. Section 39. Section 39. Section 44. Section 44. Section 59. Section 31. Section 54. Section 54. Section 53. Section 41. Section 47. Section 43. Section 43. Sections 41 and 42. Section 40. Section 44. Section 44. A.D. 1869. Ordinance No. 10 of 1869. Short title. Making of regulations, etc., for control of traffic on land on occasion of public assmeblage. Sections 45 and 59. Section 48. Section 30. Section 55. Section 56. Section 56. Section 56. Section 56. Section 56. Section 56. Section 56. Section 56. Section 73. Section 97. Section 75. Section 75. Section 75. Section 75. Section 70. Section 70. Section 70. Section 94. Section 94. Section 94. Section 95. Section 80 and 81. Section 81. Section 98. Section 103. Section 107. Section 98. A.D. 1870. Ordinance No. 3 of 1870. See also Ordinance No. 1 of 1900. Section 106. Section 106. Section 111. Sections 30, 51, and 125. Special appropriation of fine. Returns. Account of fines. Form No. 1. Rule as to sum of which payment is deferred or to be made by instalments. Dispensing with account. Entry of ceipt. Quarterly statement of Crown fines. Form No. 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 copying case. A.D. 1870. Ordinance No. 8 of 1870, with Ordinance No. 2 of 1899 incorporated. Short title. Committing malicious or wanton damage to Crown property, not exceeding $25 in amount. Making of regulations relating to public places. A.D. 1870. Ordinance No. 11 of 1870. 26 & 27 Vict.c. 41. Short title. Interpretation of terms. General limitation of innkeeper's libaility. Limitation of innkeeper's liability where goods not deposited for safe custody. Section 80. No. 1 of 1868. No. 1 of 1898. No. 4 of 1865. No. 5 of 1865.