MAGISTRATES ORDINANCE, 1890

MAGISTRATES ORDINANCE, 1890

No. 3 of 1890.

An Ordinance to consolidate and amend the laws relating
to the jurisdiction of magistrates and the procedure
and practice before magistrates in relation to offences
punishable on summary conviction and to indicatble
offences and for other purposes.

[1st January, 1891.]

Preliminary.

1. This Ordinance may be cited as the Magistrates Ordi-
nance, 1890.

2. In this Ordinance,

(a) Appellant means the party appealing under Part
VI from a decision of a magistrate.

(b) Civil debt means any sum of money claimed to be
due which is recoverable before a magistrate on complaint
and not on information.

As amended by Rev. Ord., 1923.
As amended by Am. Ord., 1923.
(c) Counsel means any barrister, advocate, or solicitor
having the right of audience before any court in the Colony.

(d) The court meamns the Supreme Court.

(e) Fine includes any pecumiary penalty, or pecuniary
forfeiture, or pecuniary compensation payable under a
conviction or order.

(f) Indictable offence means any crime or offence for
which a magistrate is authorised or empowered to commit
the accused person to prison for trial before the court.

(g) Indictment includes an information in the court.

(h) Magistrate includes two magistrates where two
magistrates sit together.

(i) The magistrates' clerk includes (where there is
more than one) either or any of such clerk or such other
person as a magistrate directs to do anything required by
this Ordinance to be done by the magistrates' clerk.

(j) Party includes the Crown and also any person
aggrieved within the meaning of section 98 or section 103.

(k) Prescribed means presecibed or provided by any
enactment which relates to any offences, penalties, fines,
costs, 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.

(l) Prison means the Gaol.

(m) The Registrar means the Registrar of the Supreme
Court.

(n) Respondent means the opposite party whose
interest conflicts with the interest of any person appealing
within the meaning of section 98 or section 103.

(o) Sum adjudged to be paid by a conviction and
sum adjudged to be paid by an order, respectively,
include any costs adjudged to be paid by the conviction or
order, as the case may be, of which the amount is ascertained
by such convicted or order.

[ss. 3 and 4, rep. No. 30 of 1911.]

5. Nothing in this Ordinance shall affect any special
procedure provided in any Ordinance not hereby repealed.
6.-(1) The forms in the First Schedule or forms to the
like effect, with such variations or additions as circumstances
may require, shall be deemed good, valid, and sufficient in
law.

(2) Reference to the forms in the said Schedule is made
in connexion with the subejcts to which they respectively
relate by the insertion in the margin of references to the
said forms.

PART I.

CONSTITUTION OF MAGISTRATES.

7.-(1) There shall be either one or more magistrates,
who shall be justices of the peace by virtue of their office,
and shall have and exercise all such powers and jurisdiction
as were vested in police magistrates before the commence-
ment 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 authorised to be taken or done by a justice or
justices of the peace, the same may be taken or done by one
magistrate.

(2) The Governor may appoint magistrates as vacancies
occur.

8. There shall be as heretofore a marine magistrate, who,
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 the provisions of this Ordinance in
relation 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 be lawful
for a justice of the peace, on the application of a police officer
and on oath being made before him substantiating the matter
of the information to his satisfaction, to issue such warrant
in order that such person may be brought before a magistrate
to be dealt with according to law.
(2) It shall be lawful for the Governor as occasion may
require to direct that any two justices of the peace, sitting
together, shall have the powers and jurisdiction that a
magistrate has by this Ordinance, and thereupon all the
provisions of this or any other Ordinance relating to proceed-
ings before magistrate shall apply mutatis mutandis to the
proceedings before such justices. Such direction shall name
a place where the said justices are to sit.

PART II.

PROCEDURE IN RESPECT OF SUMMARY OFFENCES.

10.-(1) In every case where a complaint is made to or
an inforamtion laid before a magistrate in respect of which
the 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 summons to the person
against whom the complaint has been made or information
laid, stating shortly the matter of the complaint or informa-
tion and requiring him to appear at a certain time and place
before a magistrate to answer to the complaint or information,
and to be further dealt with according to law.

(2) Every such summons shall be seved 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 otehr officer who serves the same shall attend at the time
and place before the magistrate mentioned in the summons
to depose, if necessary, to the service of the summons:
Provided always that nothing herein contained shall oblige a
magistrate to issue a summons in any case where the defend-
ant appears voluntarily or upon his recognizance or is in
the custody of the police or charged on the charge sheet.

11.-(1) If the person so served with a summons does not
appear before the magistrate at the time and place mentioned
in the summones, 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

As amended by No. 29 of 1915.
shall be lawful for the magistrate, an 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 magistrte to answer to the said complaint or
information, and to be further dealt with according to law;
or, on such information being laid as aforesaid, the magistrate
before whom the information has been laid may, on oath
being made 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 magistrte to
answer to the said information, and to be further dealt with
according to law.

(2) In any case where a summons is so issued as aforesaid,
if, on the day and at the place appointed in and by the
summons for the appearance of the party so summoned, such
party fails to appear accordingly in obedience to the
summons, then and in every such case, if it is proved upon
otah 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 information, and to adjudicate thereon as fully and
effectually to all intents and purposes as if such party had
personally appeared before him in obedience to the summons.

12.-(1) Every complaint and every information under
this Part, unless some Ordinance or statute 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 magistrte receiving the same there-
upon issue his warrant in the first instance to apprehend
the defendant as aforesaid; and in every such case where the
magistrate issues his warrant in the first instance the matter
of the information shall be substantiated by the oath of hte
informant, or of some witness on his behalf, before any such
warrant shall be issued.

(2) Every such complaint shall be for one mattter of
complaint ony, and not for two or more matter fo 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 in person or by his
counsel or other person authorised in that behalf.

13.-(1) The room or place in which a magistrte sits to
hear and try and complaint or information shall be deemed
an open and public court, to which the public generally
may have access, so far as the same can conveniently contain
them, unless the magistrate otherwise directs where the
evidence is of an indecent character, in which case he shall
make a note on the depositions of the direction which he has
given.

(2) The party against whom the complaint is made or
information laid shall be admitted to make his full answer
and defence thereto, and to have the witnesses examined and
cross-examined, by counsel on his behalf; and every
complainant or informant in any such case shall be at liberty
to conduct the complaint or information respectively, and to
have the witnesses examined and cross-examined, by counsel
on his behalf.

14-(1) If, at the time and place appointed in and by the
summons aforesaid for hearing and determining the com-
plaint or information as aforesaid, the defendant against
whom the same has been made or laid does not appear when
called, the constable or officer who has served him with the
summons in that behalf shall then declare upon oath in what
manner he served the summons, and if it appears, to the
satisfaction of the magistrate, that he duly served the
summons, the magistrate may proceed to hear and determine
the case in the absence of the defendant as aforesaid, may
issue his warrant in manner hereinbefore directed, and shall
adjourn the hearing of the complaint or inforamtion until the
defendant is apprehended; and when the defendant is after-
wards apprehended under the warrant, he shall be brought
before a magistrate, who shall thereupon either by his
warrant commit the defendant to prison or to some other
place of security or, if he thinks fit, verbally to be custody
of the police office who has apprehended him or to such
other safe custody as he may deeom fit, and order the defend-
ant 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.

As amended by No. 29 of 1915.
(2) If, at the time and place so appointed, the defendant
attends voluntarily in obedience to the summons in that behalf
served on him or is brought before the magistrate by virtue
of any warrant, then, if the complainant or informant, having
had such notice as aforesiad, does not appear by himself
or his counsel, the magistrate shall dismiss the complaint
or information, unless for some reason he thinks proper to
adjourn the hearing of the same unto some other day, on
such terms as he may think fit, in which case he may
commit the defendant in the meantime to prison or some
other place of security or to such custody as the magistrate
may think fit, or may discharge him on his entering into a
recognizance, with or without a surety or sureties, at the
discretion of the magistrate, conditioned for his appearance
at the time and palce 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 proceed to hear and determine the same.

15.-(1) Where the defendant is present at the hearing,
the substance of the complaint or information shall be stated
to him, and he shall be asked if he has any cause to show
why he should not be convicted or why an order should not
be made against him, as the case may be, and if he thereupon
admits the truth of the complaint or information and shows
no cause or no sufficient cause why he should not be
convicted or why an order should not be made against him,
as the case may be, ten 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 magistrte 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 exmaine
such other witnesses as the complainant or informant may
examine in reply, if the defendant or his counsel has
examined any witnesses or given any evidence other than
as to the defendant's general character.

(2) The magistrate, having heard what each party has to
say, and the witnesses and evidence so adduced, shall
consider the whole matter and determine the same, and shall
convict or make an order against the defendant or dismiss
the complaint or information, as the case may be.

(3) If the magistrate convicts the defendant or makes an
order against him, a minute or memorandum thereof shall
then be made, (for which no fee shall be paid), and the
conviction or order shall afterwards be drawn up by the
magistrate in proper form under his hand and seal, and he
shall cause the same to be ledged with the magistrates'
clerk, who shall register the same as hereinafter provided.

(4) If the magistrate dismisses the complaint or informa-
tion, 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 certifiate thereof, which said certificate
shall be a bar to any subsequent complaint or information
for the same matters respectively against the same party.

16.-(1) Before or during the hearing of any complaint or
information as aforesaid, it shall be lawful for a magistrate
in his discretion to adjourn the hearing of the same to a
certain time and place to be then appointed an 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 think fit, or may discharge the defendant
on his entering into a recognizance, with or without a surety
or sureties, at the discretion of the magistrate, conditioned
for his appearance at the time and place to which the
hearing or further hearing is adjourned: Provided always
that in every cas where a defendant is 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
recogniznace 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 of 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 magistrte may issue his
warrant for the apprehension of the defendant, and may
adjourn the proceedings for such time as he may think
requisite.

17.-(1) If it is made to appear to a magistrate, by the
oath of any credible person, that any person within the
Colony is likely to give material evidence on behalf of the
complainant or informant or defendant, and will not
voluntarily appear for the purpose of being examined as a
witness at the time and place appointed for the hearing of
the complaint or information as aforesaid, the magistrate
shall issue his summons to such person, under his hand and
seal, requiring him to be and appear at a time and place
mentioned in the summons before a magistrate to testify
what he knows concerning the matter of the complaint or
information.

(2) If any person so summoned refuses or neglects to
appear at the time and place appointed by the summons, and
no just excuse is offered for such refusal or neglect, then,
after proof upon oath that the summons was served on such
person, either personally or by leaving the same for him
with some person at his last or most usual place of abode,
and that a reasonable sum (where, in the opinion of hte
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 men-
tioned, 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
evidence without being compelled to do so, then instead of
issuing a summons, it shall be lawful for him to issue his
warrant in the first instance.

(4) If any person having come before any magistrate
whether voluntarily or in obedience to a summons or having
been brought before him by warrant or otherwise shall refuse
to be sworn or having been sworn shall without just excuse
refuse to answer such questions as shall be put to him con-
cerning the premises, the magistrate may, by warrant under
his hand and seal, order him to be imprisoned, without hard
labour, for any time not exceeding two months unless he in
the meantime shall consent to be sworn and to answer con-
cerning the premises, or he may imposes upon such person a
fine 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
been committed shall not be deemed material, if it is proved
that such information was in fact laid within the time limited
by law for laying the same; and any variance between the
information and the evidence adduced in 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 aduced
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 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 sureties at the dis-
cretion of the magistrate, conditioned for his appearance at
the time and place to which the hearing is so adjourned:
Provided always that is every case in which a defendant is
so discharged on recognizance as aforesaid, and does not
afterwards appear at the time and place mentioned therein
the magistrate then present shall certify on the back thereof
the non-appearance of the defendant, and may declare the
same to be forfeited 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 proceed-
ings thereon in which it is necessary to state the ownership
of any property belonging to or in the possession of partners,
joint tenants, parceners, or tenants in comman, it shall be
sufficient to name one of such person 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
of information or the proceedings thereon it is necessary to
mention for any purpose whatsoever any partners, joint
tenants, parceners, or tenants in common, it shall be sufficient
to describe them in manner aforesaid.

(2) Whenever in any complaint or information or the
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
proerty of whatsoever description, it shall be sufficient to
describe such property as the property of the Crown.

20. In any case of a complaint upon which a magistrate
may make an order for payment of money or otherwise, it
sahll not be necessary that such complaint shall be in writing
unless it is required to be so by the Ordinance or statute
upon 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 laying any information in respect
of such offence, such complaint shall be made or such
information laid within six months 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 inform, 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 judgement upon the substantial merits
and facts of the case as proved before him, and convict the
defendant of the offence of which he may appear to have
been guilty; but if any such variance appears to the
magistrate to be such that the party so summoned and
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
Ordinance or statute, whether any particular form of conviction
is therein given or not, it shall be lawful for the magistrate
who so convicts to draw up his convictin in such one of the
forms of convictions in the First Schedule as may be applicable
to such case or to the like effect.

(2) Where an order is made, and no particular form of
order is given by the Ordinance or statute giving authority
to make such order, and in every case of an order to be made
under the authority of any past Ordinance or statut, 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. In a proceeding before a magistrate, without prejudice
to any other mode of proof, service on a person of any
summons, notice, process, or document required or authorised
to be served, and the handwriting and seal of a magistrate
or other officer or person on any warrant, summons, notice,
process, or document, may be proved by a solemn declaration
taken before a justice of the peace; and any declaration
purporting to be so taken shall, until the contrary is proved
be sufficient proof of the statements contained therein, and

As amended by No. 21 of 1922 and Law Am. Ord., 1923.
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.

25.-(1) Every warrant to apprehend a defendant in
order that he may answer to any complaint or information
shall be under the hand and seal of the magistrate issuing
the same, and may be directed either to any constable by
name or generally to all the constables within the Colony.

(2) It shall state shortly the matter of the complaint or
inforamtion on which it is founded, and shall name or other-
wise describe as far as practicable the person against whom
it has been issued, and it shall order the 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 excuted.

(4) The warrant may be executed by apprehending the
defendant at any place within the Colony or the waters
thereof; in every case where the warrant is directed to all
constables within the Colony, it shall be lawful for any
constable to execute the warrant in like manner as if it were
directed specially to such constable by name: Provided
always that no objection shall be taken or allowed to any
warrant to apprehend a defendant so issued on any such
complaint or information as aforesaid under or by virtue of
this Ordinance for any alleged defect therein in substance
or in form, or for any variance between it and the evidence
adduced on the part of the complainant or informant; but if
any such variance appears to the magistrate at the hearing
to be such tht the party apprehended 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 sureties, at the discretion of the magistrte, 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 and place mentioned
therein the magistrate then present shall certify on the back
thereof the non-appearance of the defendant and may declare
the same to be forfeited, and may also forthwith issue a war-
rant for the apprehension of the defendant.

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

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

28. The following provisions shall apply to proceedings
before magistrates:-

(1) the description of any offence in the words of the
Ordinance or statue 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 qualifica-
tion, whether it does or does not accompany in the same
section the description of the offence in the Ordinance or
statute, order, by-law, regulation, or other document creating
the offence, may be proved by the defendant, but need not
be specified or negatived in the complaint or information,
and if so specified or negative 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 therin, if it is alleged that the offender
has been convicted or ordered to do or to abstain from
doing any act or thing require to be done or left undon,
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 therin, if it is therein alleged
that a conviction or order has been made, and there is a
good and valid conviction or order to sustain the same, and
a person acting under a warrant of distress shall not be
deemed a trepasser 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 warrant of
distress; and

(5) all goods forfeited by order of a magistrate may be
sold in such manne as the magistrate may direct.

29.-(1) In all proceedings under this Part the magistrate
at the hearing shall take or cause to be taken in writings a full
minute, so far as circumstances permit, of the following
matters:-

(a) the nature of the complaint or information;

(b) the names of the complainant, informant, or prosecutor,
and of the defendant, and of te respective witnesses on
either side;

(c) the evidence or depositions of the witnesses;

(d) objections to the admissibility of evidence and whether
the same have been allowed or disallowed; and

(e) the fines, if any, paid into court.

(2) The minute shall, immediately after the clost of the
case, be handed to the magistrates' clerk for safe cusody.

30.-(1) The magistrates' clerk shall keep a register of
the minutes or memoranda of all the convictions and orders
of the magistrate and of such other proceedings as are
directed by the rules in the Second Schedule to be registered,
and shall keep the same in Form No. 60 in the First
Schedule and with the particulars prescribed in teh said
rules or form.


As amended by Law Am. Ord., 1923.
(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 facie evidence of the matters entered therein
for the purpose of informing a magistrate, but nothing in
this section shall dispense with the legal proof of a previous
conviction for an offence when required to be proved against
a person charged with another offence.

(3) The entries relating to each minute, memorandum, or
proceeding shall contain the name of the magistrate before
whom the conviction, order, or proceeding referred to therein
was made or had.

(4) Every sum paid to the magistrates' 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,
without fee or reward, by a magistrate, or by any person
authorised in that behalf by a magistrate, or by the Governor
or Colonial Secretary.

Special provisions.

31. If, on the hearing of a charge for any offence punish-
able on summary conviction 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) he may, without proceeding to conviction, dismiss the
complaint or information, and may order the defendant to
pay such damages, not exceeding ten dollars, and such
costs of the proceeding, or either of them, as he may think
reasonable; or

(2) he may, on convicting the defendant, 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 damages and costs, or
either of them, as he may think reasonable.

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

33. Where in the case either of imprisonment or a fine
there is prescribed a requirement for the offender 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.

34.-(1) Where a power is given by any future enactment
to a magistrate of requiring any person to do or to abstain
from doing any act or thing, other than the payment of
money, or of requiring any act or thing to be done or left
undone, other than the payment of money, and no mode is
prescribed of enforcing such requisition, a magistrate may
exercise such power by an order and may annex thereto any
conditions as to time or mode of action which he may think
just, and may suspend or rescind any such order on such
undertaking being given or condition being performed as he
may think just, and generally may make such arrangements
for carrying into effect such power as to him may seem meet.

(2) A person making default in complying with any such
order shall be punished in the prescribed manner, or, if no
punishment is prescribed, may be ordered to pay a sum not
exceeding five dollars for every day during which he is in
default, or to be imprisoned, without hard labour, until he
he remedied his default: Provided that a person shall not,
for non-compliance with the requisition of a magistrate,
whether made by one or more orders, to do or to abstain from
doing any act or thing, be liable under this section to
imprisonment for any term or terms 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:-

(a) allow time for the payment of the sum;

(b) direct payment to be made of the sum by instalments;
and

As amended by Law Am. Ord., 1923.
(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 instalments 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 and in such place and to such person as may be
specified by the magistrate, and every person, not being the
magistrates' clerk, to whom any such sum or instalment is
paid shall as soon as may be account for and pay over the
same to such clerk.

36. Where any property has been taken from a person
charged before a magistrate with an offence punishable either
on indictment or on summary 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 opinion that the property or any
portion thereof can be returned consistently with the interests
of justice and with the safe custody of the accused or
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 commission of any offence punishable by a magistrate on
summary conviction shall be liable to be proceeded against
and convicted for the same, either together with the principal
offender or before or after his conviction, and shall be liable
to the same punishment and penalties as such principal may
by law be liable.

38. A magistrate shall not, by cumulative sentences of
imprisonment (other than for default of finding sureties) to
take effect in succession in respect of several assaults com-
mitted on the same occassion, impose on any person imprison-
ment for the whole exceeding six months; but nothing in
this section shall be deemed to affect the provision contained
in section 82.

Distress and committal warrants.

39. Where a conviction adjudges a fine to be paid or
where an order requires the payment of a sum of money and
by the enactment authorising such convction or order such
fine or sum of money is to be levied on the goods and
chattels of the defendant by distress and sale thereof, and
also in cases where by the enactment in that behalf no
mode of raising or levying such fine or sum of money or of
enforcing the payment of the same is stated or provided, it
shall be lawful for a magistrate to issue his warrant of
distress for the purpose of levying the same, which shall be
in writing under his hand and seal: Provided always that
whenever it appears to the magistrate to whom application
is made for any such warrant that the issuing thereof would
be ruinous to the defendant and his family, or whenever it
appears to the magistrate by the confession of the defendant
or othwise, that he has no goods or chattels whereon to
levy the distress or whenever in the opinion of the magistrate
it is inexpedient to issue such warrant, then and in every
such case it shall be lawful for the magistrte, instead of
issuing the warrant of distress, to commit the defendant to
prison, with or without hard labour, for such time and in
such manner as by law the defendant might be so committed
in case such warrant had issued and no goods or chattels
could be found whereon to levy such fine or sum and costs
aforesaid.

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

41. If at the time and place appointed for the return of
any such warrant of distress, the constable or other officer
who has had the execution of the same returns that he could
find no goods or chattels or no sufficient goods or chattels
whereon he could levy the sum or sums therein mentioned,
together with the costs of or occasioned by the levying 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 otehr officer to convey the
defendant to prison, and there to deliver him to the Superin-
tendant of Prisons, and requiring the said Superintendent to
receive the defendant and to imprison him, or to imprison
him and keep him to hard labour, in such manner and for
such time as the enactment on which the conviction or order
mentioned in the warrant of distress is founded directs,
unless the sum or sums adjudged to be paid, and all costs
and charges of the distress, (the amount thereof being
ascertained and stated in the commitment), shall be sooner
paid.

42. Whenever it is returned to a warrant of distress issued
for the recovery of a fine or sum of money ordered to be paid
under a conviction or order that no sufficient goods of the
party against whom such warrant has been issued can be
found, and by the enactment under the provisions of which
such conviciton or order was made no further remedy or
punishment is provided for the non-payment of such fine or
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 accordance with the scale provided by
section 57, unless the fine or sum adjudged to be paid, and
all costs and charges of the distress, (the amount thereof
being ascertained and stated in the commitment), shall be
sooner paid.

As amended by Law Rev. Ord., 1923.
43. Where the enactment by virtue of which a conviction
for a fine or an order for the payment of money is made
makes no privision 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 order, the defendant shall be imprisoned,
or imprisoned and kept to hard labour, for a certain time,
unless such fine or sum shall be sooner paid, in every such
case such fine or sum shall not be levied by distress; but if
the defendant does not pay the same, together with costs, if
awarded, forthewith, 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 to whom the same is
directed to take and convey the defendant to prison and
there to deliver him to the Superintendent of Prisons, and
requiring the said Superintendent to receive the defendant
and to imprison him, or to imprison him and keep him to
hard labour, as the case may be, for such time as the enactment
on which the conviction or order is founded as aforesaid
directs, unless the fine or sum adjudged to be paid shall be
sooner paid.

44.-(1) Where a convictin does not order the payment
of any fine but that the defendant be imprisoned, or imprisoned
and kept to hard labour, or where an order is not for the
payment of money but for the doing of some other act, and
directs that, in case of the defendant's refusal or neglets to
do such act, he shall be imprisoned or imprisoned and kept
to hard labour, and the defendant refuses or neglects to do
such act, in every such case it shall be lawful for a magistrate
to issue his warrant of commitment under his hand and seal,
requiring the constable to whom the same is directed to take
and convey the defendant to prison and there to deliver him
to the Superintendent of Prisons, and requiring the said
Superintendent to receive the defendant and to imprison him,
or to imprison him and keep him to hard labour, as the case
may be, for such time as the Ordinance or statute on which
the conviction or order is founded as aforesaid directs.

(2) In any such case, where by the conviction or order
any sum for costs is adjudged to be paid by the defendant
to the complainant or informant, such sum may, if the

As amended by Law Rev. Ord., 1923.
magistrate thinks fit, be levied by warrant of distress in
manner aforesaid, and in default of distress, the defendant
may be also committed to prison there to be kept for any
time not exceeding one month, with or without hard labour,
to commence at the termination of the imprisonment which
he is then undergoing, unless scuh sum for costs and all
costs and charges of the distress shall be sooner paid.

45. Where a magistrate, on any complaint or information
as aforesaid, adjudges the defendant to be imprisoned, and
the defendant is then in prison undergoing imprisonment on
a 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
directed; and it shall be lawful for the magistrate issuing
the same to award and order therein and thereby that the
imprisonment for scuh subsequent offence shall commence
at the expiration of the imprisonment to which the defendant
has been previously adjudged to sentenced.

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

47. The following provisions shall apply with respect to
warrants of distress issued by a magistrate under this
Ordinance:-

(1) a warrant of distress shall be executed by or under
the direction of a constable or other officer;

(2) save in so far as the person against whom the distress
is levied otherwise consents, the distress shall be sold by
public auction, and five clear days at the least shall intervene

As amended by Law Rev. Ord., 1923.
As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.
between the making of the distress and the sale, unless the
goods distrained are perishable, and when consent is so given
as aforesaid the sale may be made in accordance with such
consent;

(3) subject as aforesaid, the distress shall be sold within
the period fixed by the warrant, and, if no period is so fixed,
then within the period of 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, and soon paid;

(4) subject to any directions to the contrary given by the
warrant of distress, when the distress is levied on household
goods, the goods shall not, except with the consent in writing
of the person against whom the distress is levied, be removed
from the house until the day of sale, but so much of the
goods shall be impounded as are, in the opinion of the
person executing the warrant, sufficient to satisfy the distress
by affixing to the articles impounded a conspicuous mark;
and every person removing any goods so marked or defacing
or removing the said mark shall upon 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
upon summary conviction be liable to a fine not exceeding
twenty-five 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 constable or other officer charged with the
execution of the warrant as soon as practicable to the
magistrates' clerk; and it shall be lawful for the person on
whose goods the distress was levied, within one month after
the levy of the distress, to inspect such account without fee
or reward, at any reasonable time to be appointed by a
magistrate, and to take a copy of such account;

(7) a constable or other officer charged with the execution
of a warrant of distress shall cause the distress to be sold,
and may deduct out of the amount realised by the sale all
costs and charges actually incurred in effecting hte sale, and
shall render to the owner the surplus, if any, after retaining
the amount for which the warrant was issued and the proper
costs and charges of the execution of the warrant;

(8) where a person pays or tenders to the constable or
other officer charged with the execution of a warrant of
distress the sum mentioned in the warrant or produces the
receipt for the same of the magistrates' 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; and

(9) where a claim is made to or in respect of property
taken in execution under this section by any person other
than the party against whom such execution issued, such
claim shall be heard and determined by the magistrate upon
a summons calling before him as well such claimant as the
party on whose behalf such execution issued and the decision
of the magistrate upon such claim shall be final.

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 sufficient
distress to satisfy and scuh 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 order, or for default of
sufficient distress to satisfy any such sum, it appears to the
magistrate to whom the application is made that, either by
payment of part of the said sum, whether in the shape of
instalments or otherwise, or by the net proceeds of the
distress, the amount of the sum so adjudged has been reduced
to such an extent that the unsatisfied balance, if it had
constituted the original amount adjudged to be paid by the
conviction or order, would have subject the defendant
to a maximum term of imprisonment less than the term of
imprisonment to which he is liable under such conviction or
order, the magistrte 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.-(1) 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
behaviour and in such sum and for such term as the
magsitrate may think fit, so that such sum does not exceed
two hundred dollars and such term does not exceed twelve
months.

(2) The magistrate may order the defendant, in default of
compliance with such last-mentioned order, to be imprisoned,
without hard labour, for any term not exceeding six 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 behaviour
towards such first-mentioned person shall be exercised
by an order upon complaint, and the provisions of this
Ordinance shall apply accordingly, and the complainant and
defendant and witnesses may be called and examined and
cross-examined, and the complainant and defendant shall be
subject to costs, as in the case of any other complaint.

(2) The magistrate may order the defendant, in default of
compliance with such last-mentioned order, to be imprisoned,
without hard labour, for any term not exceeding six months.

51. Where a person has been committed to prison by a
magistrate for default in finding sureties, a magistrate may,
on application made to him in manner directed by the rules
in the Second Schedule by such person or by some one
acting on his behalf, inquire into the case of the person
so committed, and if on new evidence produced to the
magistrate or proof of a change of circumstance, the
magistrate thinks, having regard to all the circumstance 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 respects and re-
cognizance, the amount in which the principal and the
sureties, if any, are to be bound, the recognizance, not-
withstanding anything in this or any past enactment, need
not be entered into before such magistrate, but may, subject
to the rules in the Second Schedule, be entered into by the
parties before another magistrate, or before the magistrates'
clerk, or before a superintendent or inspector of police or,
where any of the parties is in prison, before the Super-
intendent of Prisons; and thereupon all the consequences of
law shall ensure and the provisions of this Ordinance with
respect to recognizances taken before a magistrate shall
apply as if the recognizance had been entered into before a
magistrate as heretofore by law required.

53.-(1) A person shall give security under this Part,
whether as principal or surety, either by the deposit of
money with the magistrates' clerk or by an oral or written
acknowledgment 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
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 directed by this Ordinance with
respect to a civil debt on complaint by a constable, or by
the magistrates' clerk, or by some other person authorised
for the purpose by a magistrate.

(3) A magistrate may enforce payment of any sum due by
a 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 prescribed by the rules in
the Second Schedule.

As amended by Law Rev. Ord., 1923.
(4) Any sum paid by a surety on behalf of his principal
in respect of a security under this Part, together with all costs,
charges, and expenses incurred by such surety in respect
of that security, shall be deemed a civil debt due to him
from the principal, and may be recovered before a magistrate
in manner directed by this 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 his doing
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 forfeited and
enforce payment of the sum due under it in the same manner
as if the sum were a fine adjudged by a magistrate to be
paid and the amount of the same were ascertained by a
conviction: Provided that, at any time before the sale of
goods under a warrant of distress for the said sum, a
magistrate may cancel or mitigate the forfeiture on the
person liable applying and giving security, to the satisfaction
of the magistrate, for the future performance of the condition
of the recognizance, and paying or giving securityfor
payment of the costs incurred in respect of the forfeiture, or
on such other conditions as the magistrate may think just.

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

(3) All sums paid in respect of a recognizance declared or
adjudged by a magistrate in persuance of this section to be
forfeited shall be paid to the magistrates' clerk, and shall be
paid and applied by him in the manner in which fines
imposed by such magistrate, in respect of hwich fines no
special appropriation is made, are payable and applicable.

Civil debts.

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

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

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

(b) an order made by a magistrate for the payment of any
such civil debt as aforesaid or of any instalment thereof or
for the payment of the costs in the matter of any such com-
plaint, whether ordered to be paid by the complainant or the
defendant, shall not, in default of distress or otherwise, be
enforced by imprisonment, unless it is proved, to the satis-
faction of a magistrate, that the person making default in
payment of such civil debt, instalment, or costs either has,
or has had 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 period 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 applica-
tion is made for commitment to prison may think just.

Seale of imprisonment for non-payment of money, etc.

57. Unless in any enactment it is otherwise provided, the
period of imprisonment, with or without hard labour, which
may be imposed by a magistrate exercising summary jurisdic-
tion, in respect of the non-payment of any sum of money
adjudged to be paid by a conviction, whether it be a fine or
in respect of the property the subject of the offence, or in
respect of the injury done by the offender, or in respect of
the default of a sufficient distress to satisfy any such sum,
shall be such period 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:-

Where the amount- the period of imprisonment
shall not exceed-
does not exceed $1 ... ... ... ... ... ... 7 days,
exceeds $ 1 but does not exceed $ 5 ... ... 14 ,,
,, $ 5 ,, $ 10 ... ... 1 month,
,, $ 10 ,, $ 50 ... ... 2 months,
,, $ 50 ,, $ 150 ... ... 3 ,,
,, $ 150... ... ... ... ... ... ... ... ... 6 ,,

Where the fine or other sum adjudged to be paid is
imposed by a sentence in addition to a term of imprisonment,
the imprisonment imposed under this section or any other
enactment shall commence from the expiration of the term
of imprisonment imposed by the sentence.

This section shall apply to fines imposed by a stipendiary
magistrate under the Merchant Shipping Ordinance, 1899.

Costs.

58.-(1) In every case of summary conviction or of an
order made by a magistrate, except as provided in section
60, it shall be lawful for the magistrate making the same
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 him may seem just and reasonble
in that behalf, but not in any case exceeding five dollars;
and in any case where the magistrate, instead of convicting
or making an order as aforesaid, dismisses the complaint or
information, it shall be lawful or him, in and by his order
of dismissal, to award and order that the complainant or
informant respectively shall pay to the defendant such
costs as to him may seem just and reasonable, but not in any
case exceeding 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 warrants as a fine or a sum of
money adjudged to be paid in and by such conviction or
order is to be recoverable, and in any case where 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 for any term not
exceeding 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 default of distress or pay-
ment, the complainant or informant may be committed to
prison, without hard labour, 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 magistrate may think fit expressly to
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
by the complainant 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.

[s. 61, rep. No. 43 of 1912.]

PART III.

INDICTABLE OFFENCES.

62.-(1) In every case where a charge or complaint is
made to a magistrate that any person has committed or is
suspected to have committed any treason, felony, or indictable
misdemeanor or other indictable offence over which the
magistrate has jurisdiction, then, if the accused is not then
is 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 appre-
hend the accused, to issued his summons directed to the
accused requiring 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 herinafter mentioned,
he fails to appear at such time an place in obedience
to such summons, then and in every such case any magistrate
may issue his warrant to apprehend the accused and cause
him to be brought before a magistrate to answer to the
charge or complaint, and to be further dealt with according
to law.

(2) Nothing in this section shall prevent a magistrate from
issuing the warrant hereinbefore first mentioned at any time
before or after the time mentioned in the 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 magistrate, if the accused
resides or is supposed to reside or be within the Colony
or the waters therof, 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 accord-
ing to law.

64.-(1) Where an indictment is filed by the Attorney
General against any person who is then at large, and whether
such person has been bound by recognizance to appear to
anser to the same or not, the Registrar, 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 apprehend the accused and to cause him

As amended by Law Rev. Ord., 1923.
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 being proved upon
oath before him that the person so apprehended is the same
person who is charged and named in the indictment, shall,
without futher inquiry or examination, commit him for trial
or admit him to bail in manner hereinafter mentioned.

(3) If the person against whom an indictment is so filed
by the Attorney 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 require, 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 Prisons 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 in that behalf shall
be laid before the magistrate: Provided always that in every
case where it is intended to issue a summons instead of a
warrant in the first instance, it shall not be necessary that
such information and complaint shall be in writing or be
sworn to in manner aforesaid, but in every such case such
information and complaint may be by parol merely and
without any oath whatever to support or substantiate the
same: Provided, also, that no objection shall be taken or
allowed to any information or complaint for any alleged
defect therein in substance or in form or for any variance
between it and the evidence adduced on the 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 contained
in Part II in relation to offences punishable on summary
conviction shall apply equally, mutatis mutandis, to summonses
under this Part.
67. The provisions with reference to the form of warrants,
the directions to be contained therein, and the execution
thereof contained in Part II in relation to offences punishable
on summary conviction shall apply equally, mutatis mutandis,
to warrants under this Part.

[s. 68, rep. Law Revision Ordinance, 1924.]

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 witnesses against the accused, the
magistrate may enforce the attendance of such witness in the
manner provided in Part II for the enforcing the attendance
of a witness under the summary jurisdiction of such
magistrate.

(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
exceeding 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 indictable offence, from the absence of witnesses or
from any other reasonable 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 eight 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, or other
person in whose custody the accused may then be, or any
other constable or person to be named by the magistrate
in that behalf, to continue and keep the accused in his
custody and to bring him before the same magistrate at the
time appointed for continuing the examination: Provided
always that the magistrate may order the accused to be
brought before himself or another magistrate at any time
before the expiration of the time for which the accused is so
remended, and the gaoler of officer in whose custody he
then is shall duly obey such order: Provided, also, that,
instead of detaining the accused in custody during the
period for which he is so remanded, a magistrate before
whom the accused so appears or is brought as aforesaid may
discharge him, on his entering into a recognizance, with or
without a surety or sureties, at the discretion of the magistrate,
conditioned for his appearance at the time and place ap-
pointed for the continuance of the examination.

(2) If 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 building without the consent or permission
of the magistrate, if it appears to him that the ends of
justice will the 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 an on behalf of the prosecutor and his
witnesses in the same manner as is hereinbefore provided
for the taking of the evidence of the complainant of inform-
ant and his witnesses on a complaint or information 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 evidence of the prosecutor and his wit-
nesses shall, in the presence of the accused, be read over to
and signed respectively by the witnesses who have been so
examined, and shall also be signed by the magistrate taking
the same.

73.-(1) After the examination of all the witnesses on
the part of the prosecution has been completed the magistrate
hearing the case shall, if desired by the accused, without
requiring the attendance of the witnesses, read or cause
to be read to the accused, or, when necessary, cause to be
interpreted, the depositions taken against him, and shall say
to him these words or words to the like effect or cause the
same to be interpreted to him:-

Having heard the evidence, do you wish to say
anything in answer to the charge? You are not
obliged to say anything unless you desire to do so,
but whatever you say will be taken down in writing
and may be given in evidence upon your trial.

(2) Whatever the accused then says in answer thereto
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 interpreted 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
threat which may have been holden out to him to induce
him to make any admission or confession of his guilt, but that
whatever he shall then say may be given in evidence on his
trial notwithstanding such promises or threat.

(3) Any statement which purports to have been taken
down and signed as provided in sub-section (2) shall be
admissible in evidence against the accused in any court if it
is produced out of the proper custody without further proof
of the matters above mentioned, unless it is proved that such
statement was not duly taken down or was not in fact signed
by the magistrate or office aforesaid purporting to sign the
same.

As amended by Law Am. Ord., 1923.
(4) Provided, nevertheless, that nothing herein contained
shall prevent the prosecutor in any cases 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 accused makes any such statement or is un-
willing 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 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 afore-
said, it shall be lawful for the magistrate to bind by
recognizance the prosecutor and his witnesses or any of them
to appear at the criminal session of the court at which the
accused is to be tried then and there to prosecute, or to
prosecute and give evidence, or to give evidence alone, as
the case may be, against the accused; and the recognizance
shall particularly specify the profession, art, or trade of
every such person entering into or acknowledging the same,
together with his Christian or other name and surname.

(2) Such witnesses for the accused as may be called and
examined as aforesaid, not being witnesses as to the character
of the accused merely, who, in the opinion of the magistrate,
give evidence in any way material to the case or tending to
prove the innocence of the accused shall be bound by
recognizance to appear and give evidence at the criminal
session of the court at which the accused is to be tried in
the same manner as the prosecutor and his witnesses.

(3) The said recognizance, being duly acknowledged by
the person entering into the same, shall be subscribed by the
magistrate before whom the same is acknowledged, and a

As amended by Law Am. Ord., 1923.
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 aforesaid before a
magistrate: Provided, nevertheless, that if afterwards, from
want of sufficient evidence in that behalf or other cause,
the magistrate before whom the accused has been
brought does not commit him or hold him to bail for the
offence with which he is charged, it shall be lawful for a
magistrate, by his order in that behalf, to order and direct
the Superintendent of Prisons to discharge such witness from
prison, and the said Superintendent shall thereupon forth-
with 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 accused, if any, shall be kept
together until the close of the case before the magistrate, and
if the accused is then committed for trial shall be transmitted
by the magistrate, or he shall cause the same to be trans-
mitted, to the Crown Solicitor for the use of the Attorney
General.

76. When all the evidence offered on the part of the
prosecution against the accused has been heard, if the
magistrate is of opinion that it is not sufficient to put the
accused upon his trial for any indictable offence, the magistrate
shall forthwith order the accused, if in custody, to be dis-
charged as to the information then under inquiry; but if, in
the opinion of the magistrate, such evidence is sufficient to
put the accused upon his trial for an indictable offence, or if
the evidence given raises a strong or probable presupmtion
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 hereinbefore mentioned.

77.-(1) If the magistrate commits the accused to prison
for trial between the 10 the and 18th days, both inclusive, of
any month, he shall (unless it has been ordered that there
shall be no criminal session of the court in the month im-

As amended by No. 28 of 1913 and Law Am. Ord., 1923.
mediately succeeding the month in which he has committed
the accused to prison for trial) inform or cause the accused
to be informed thereof in the words or to the effect follow-
ing:-

'A.B. you stand committed to prison until the criminal session
of the Supreme Court which will be holden next month there to
take your trial.'

(2) If the magistrate commits the accused to prison for
trial on any other day of the month except between the 10th
and 18th days, both inclusive, of any month, or if it has been
ordered that there shall be no criminal session of the court
in the month immediately succeeding the month in which he
has committed 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 prison until the next criminal
session of the Supreme Court there to take your trial.'

Provided always that the court may of its own motion or
on the application either of the Crown or of the accused
order the accused to be tried on such date as the court may
fix.

78. When the depositions in any case sent for trial to the
court have been completed, a copy thereof, including all
exhibits and any statement, shall, as soon as practicable, be
forwarded from the magistrate's office to the Registrar for
the use of the court; and at any time before the first day of
the criminal session of the court at which any accused
committed to prison or admitted to bail is to be tried, the
accused or his counsel may require and shall be entitled to
have of and from the officer or person having the custody of
the depositions copies thereof, together with copies of any
such statement as aforesaid, 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 magistrates by any Ordinance relating to the protection
of women and girls.

As amended by Law Am. Ord., 1923.
80.-(1) Whenever any person is accused before a magis-
trate of any indicatable offence, except an offence specified in
the Third Schedule, the magistrate, instead of committing
the accused for trial before the court, may deal with the case
and convict the accused summarily, and on conviction may
sentence the accused to imprisonment for any term not
exceeding six months, or to a fine not exceeding two hundrred
and fifty dollars: Provided that nothing in this section shall
affect any greater punishment specifically provided in any
other Ordinance.

(2) A magistrate may nevertheless deal summarily under
this section with the case of a person accused, under section
82(5)(a) of the Bankruptcy Ordinance, 1891, of the offence
of obtaining credit under false pretences or by means of any
other fraud.

(3) The magistrate may also direct that the accused be
kept in solitary confinement for any portion of this term of
imprisonment, not exceeding fourteen days at any one time
and not exceeding one month in the whole.

(4) The magistrate may nevertheless, if he thinks fit, com-
mit any such accused for trial before the court.

(5) Nothing in this section shall affect the provisions of
sections 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 offence, 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 offence punishable on summary conviction shall
apply accordingly;

(2) the evidence of any witness taken before the magistrate
has assumed the said power need not be taken again, but
every such witness shall, if the defendant so requires, be
recalled for the purpose of cross-examination;

(3) the conviction for any such offence shall be of the
same effect as a conviction for the offence on indictment
before the court, and the magistrate may make the like order
for the restitution of property as might have been made by
the court; and

(4) the order of dismissal shall be filed by the magistrates'
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
sections 44 and 45 of the Offences against the Person Ordi-
nance, 1865, it shall be lawful for a magistrate to hear the
case and convicte the accused summarily and to sentence him
to imprisonment for any term not exceeding one year, or to
commit the accused for trial before the court; and it shall
also be lawful for two magistrates to sit together to hear the
case, and they may, if they think fit, summarily convict the
accused and sentence him to imprisonment for any term not
exceeding two years, or they may commit the accused for
trial before the court.

PART V.

SPECIAL POWERS

Miscellaneous.

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

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

85. Whenever any male offender is convicted by a
magistrate-

(1) under the provisions of either section 44 or section 45
of the Offences against the Person Ordinance, 1865, or

(2) under section 52 of the Offences against the Person
Ordinance, 1865, of committing an act of gross indecency
with another male person under the age of thirteen, or

(3) under section 29 of the Larceny Ordinance, 1865, of
stealing any ornament or other chattel from the person of
any woman or child, or

(4) under the provisions of section 53 of the Asiatic
Emigration Ordinance, 1915, or

(5) under the provisions of either section 4 or section 7 of
the Protection of Women and Girls Ordinance, 1897, or

(6) under the provisions of section 3 of the Stowaways
Ordinance, 1903, or

(7) under the provisions of section 9 of the Deportation
Ordinance, 1917, in any case in which the person so convicted
had been prior to his deportation-

(a) convicted of any criminal offence by the Supreme Court
of the Colony or by His Majesty's Supreme Court in China, or

(b) convicted twice of any criminal offence and whether of
the same character or not by a magistrate in the Colony, or

(c) convicted of any criminal offence by a magistrate in
the Colony and after his deportation had been convicted
under the provisions of section 9 of the Deportation Ordinance,
1917, or

(d) convicted by a magistrate in the Colony of any offence
under the penalty for which he was liable to the punishment
of flogging.
the magistrate may, in addition to the punishment awarded
for such offence, direct that the offender be flogged.

86. Whenever any offender whose age appears to the
magistrate not to exceed sixteen years is convicted of any
offence other than the offences specified in the Third Schedule
the magistrate may in lieu of any other punishment to which
the offender is liable, and notwithstanding anything to the
contrary in the Peace Preservation Ordinance, 1886, or in the
Flogging Ordinance, 1903:-

(a) order such offender to be discharged after due admoni-
tion; or

(b) order such offender to be delivered to his parent or to
his guardian or nearest adult relative or in the case of the
offender being an apprentice or servant to his master or
mistress or in the case of the offender being a school boy or
school girl to the person in charge of the school at which the
offender is attending on such parent, guardian, relative,
master, mistress or person in charge of a school executing a
bond with or without a surety or sureties that he or she
will be responsible for the good behaviour and also, if the
magistrate thinks it necessary, for the proper education of
the offender for any period not exceeding twelve months; or

(c) order such offender if a male to be whipped with not
more than twelve strokes of a light cane or rattan within the
court premises and in the presence if they desire to be
present of the parent, guardian, relative, master, mistress or
person in charge of such offender.

Provided that if the offender is convicted of larceny, or of
any offennce which now or at any time hereafter is by law
deemed or declared to be simple larceny or punishable as
simple larceny, or of any assault occasioning actual bodily
harm or of any indecent assault the magistrate may make
the order specified in paragraph (c) in addition to any other
punishment to which the offender is liable.

87. When a magistrate has authority under any enact-
ment to impose imprisonment of any description for an
offence, and has not authority to impose a fine for that
offence, a magistrate may notwithstanding, if he thinks that
the justice of the case will be better met by a fine than by
imprisonment, impose a fine not exceeding two hundered and
fifty dollars: Provided that the magistrte shall not impose
on the offender, in default of payment of the fine, any greater
term of imprisonment than that to which such offender would
have been liable under the enactment authorising the said
imprisonment.

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 compensation, not exceeding
fifty dollars, in addition to any fine or punishment to which
he is sentenced.

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

90. If it appears to a magistrate-

(1) that any charge or complaint was maliciously preferred
without reasonable or prohable cause, the magistrate may on
the application of the person against whom the charge or
complaint was made, order the complainant to pay to such
person reasonable compensation not exceeding 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, (which shall include a defeudant
who gives evidence on his own behalf), has wilfully given
false testimony, the magistrate may order him to pay a fine
not exceeding fifty dollars.

Provided always that-

(a) before making any order under sub-section (1) the
magistrate shall first give the complainant and opportunity
of showing cause why the order should not be made, and
shall, if so requested by the complainant, adjourn the pro-
ceedings in order to enable him to instruct counsel on his
behalf;
(b) before making any order under sub-section (2) the
magistrate shall first clearly inform the witness of the
specific words which appear to the said magistrate to con-
stitute the false testimony and shall give the witness an
opportunity of showing cause why the order should not be
made, and shall, if so requested by the said witness, adjourn
the proceedings in order to enable him to instruct counsel
on his behaff; and

(c) if the compensation or fine is not forthwith paid, the
magistrate may commit the person against whom the order
is made to prison in accordance with the provisions of
section 57.

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

92. Whenever any person is found by the police hawking
without a licence, or committing any offence againt any
Ordinance relating to markets, or causing any obstruction
by hawking in a public thoroughfare, the police are hereby
empowered to convey or cause to be conveyed all the articles
being hawked and sold before a magistrate, who shall there-
upon have power, on conviction of the offender, to order the
forfeiture of the said articles or any of them, in addition to
or substitution for any other fine or punishment which 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 premises licensed under
any Ordinance 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) Whenever any offender is convicted of riotous of
disorderly behavious, while drunk, in any public road, street,
or other public place, whether a building or not, or of being
drunk while in charge of any carriage, chair, vehicle, horse,
or cattle in any public road, street, or other public place, or
of being drunk when in possession of any loaded firearms, a
magistrate may sentence him to a fine not exceeding twenty-
five dollars, or to imprisonment for any term not exceeding
two months.

[s. 93A, rep. No. 32 of 1923.]

Bail.

94.-(1) No magistrate or justice of the peace shall admit
any person to bail for treason or murder, nor shall such
person be admitted to bail, except by order of a judge.

(2) Where a person is charged with felony, with assault
with intent to commit a felony, or with an attempt to commit
a felony, or with obtaining or attempting to obtain property
by false pretences, or with a misdemeanor in receiving stolen
property or property obtained by false pretences, or 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 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 bail, on his procuring or
producing such surety or sureties as, in the opinion of the
magistrate, will be sufficient to ensure the appearance of 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 and his surety or
sureties conditioned for the appearance 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 mis-
demeanor other than those mentioned in sub-section (2), he
shall be entitled to be admitted to bail in the manner men-
tioned in the said sub-section.

(4) It shall be lawful for a magistrate, on issuing a warrant
for the apprehension of any person charged with a bailable
offence, to certify on the warrant his consent to the accused
being bailed, and thereupon it shall be lawful for an inspector
of police to admit the accused to bail, taking his recognizance
and that of his surety or sureties, if any, conditioned for the
appearance of the accused at the time and place of hearing
and that he will then surrender and take his trial and will
not depart the court without leave.

(5) In every case where a person charged with any bailable
indictabe 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 is 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 committing
magistrate is of opinion that for any of the offences mentioned
in sub-section (2) the accused ought to be admitted to bail,
such magistrate shall, in such case and in every other case
of a 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 magistrate or his first clerk, or for a justice of
the peace attending at or visting 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 custody is 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 transmit the recognizance
of bail to the committing magistrate, to be transmitted with
the depositions.

(7) Where two magistrate sit together either of them may
exercise the powers hereinbefore mentioned.

95.-(1) In every case where a magistrate admits to bail
any person who is then in prison charged with the offence
for which he is so admitted to bail, the magistrate shall send
to or cause to be lodged with the Superintendent of Prisous
a warrant of deliverance, under his hand and seal, requiring
the said 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
said Superintendent, he shall forthwith obey the same.

As amended by Law Rev. Ord., 1923.
(2) Where, however, the bail of the person in prison is
taken by the magistrates' clerk or a justice of the peace,
in pursuance of section 94 (5), a written certificate, signed
by such magistrates' clerk or justice, that bail has been duly
given shall be a good authority to the said Superintendent
to discharge the person so bailed 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
grounds as he may deem sufficient, to review his decision
or adjudication within seven clear days from the date thereof,
(unless in the meantime an application has been made to
state and sign a case under section 98 and such application
is 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, 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 is may be dealt with summarily by such magistrate,
he shall so deal with it.

[s. 97, rep. No. 8 of 1912.]

PART VI.

APPEALS.

Appeal on question of law.

98. *Within seven clear days after the hearing and deter-
mination by a magistrate of any complaint, information,
charge, or other proceeding which he has power to determine
in a summary way, either party thereto or any person

See s. 106, and definitions of party and respondent in s. 2.
aggrieved thereby who desires to question by way of appeal
any conviction, order, determination, or other proceeding as
aforesaid on the ground that it is erroneous in point of law,
or that it is in excess of jurisdiction, may apply in writing
to the magistrate to state and sign a case setting forth the
facts and the grounds on which the conviction, order, or
determination was granted and the grounds on which the
proceeding is questioned, 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, trans-
mit 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 afore-
said 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 applica-
tion to the other party previously given, to amend the case
stated and signed by him in any way he may think fit.

101. When the case has been transmitted to the Registrar
as aforesaid, it shall be set down for argument on the request
of either party four clear days at least before the day appointed
for argument, and shall be heard, save as hereinafter provided,
by the Full Court: Provided always that the party setting
down the case for argument shall give to the opposite party
four clear days notice of the day appointed therefor.

102. The Full Court shall have power, if it thinks fit, to
cause the case stated for its opinion to be sent back to the
magistrate for amendment, and thereupon the same shall be
amended accordingly, and judgement 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, either party thereto or any person

*See s. 106, and definitions of party and respondent in s. 2.
aggrieved thereby who desires to question any conviction,
order, determination, or other proceeding as aforesaid on the
ground that it is erroneous in point of fact may apply to the
magistrate for leave to appeal to the Full Court by way of a
re-hearing, and, if such leave is granted the magistrates'
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 desiring to appeal consents thereto, the
magistrate may order the case to be re-heard before him.

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

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

Appeal generally.

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

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

As amended by Law Am. Ord., 1923.
(3) The appellant shall not be entitled to have the case
or certificate delivered to him unless he completes the
recognizance within the prescribed time, and if he makes
default in so doing the appeal shall be deemed to be
abandoned.

(4) The appellant shall at the same time and before he
shall be entitled to have the case or certificate delivered to
him, pay to the magistrates' clerk or other proper officer, in
respect of the said case, certificate, and recognizance, the
fees following:-
$ C.
1. For the recognizance .................................2.00

2. For drawing the case and copy thereof for
appellant, if not exceeding 5 folios of 72
words each ...........................................3.00

3. Or if the case exceeds 5 folios, for every additional
folio ................................................0.30

4. For the certificate for leave to appeal ..............0.50

(5) The appellant, if then in custody, shall be liberated on
the recognizance being further conditioned for his submis-
sion to the judgment of the Full Court and for his appearance
before a magistrate within ten days after the judgement 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.

(6) This section shall not apply where the application is
made by or under the direction of the Attorney General.

107. If the magistrate is of opinion that the application
to state or amend a case or for leave to appeal on a question
of fact is merely frivolous, but not otherwise, he may refuse
to state or amend a case or to grant a certificate for leave
to appeal, and shall, on the request of the party or person
applying therefor, sign and deliver to him a certificate of
such refusal, on payment of the sum of 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 rul calling upon the magistrate
to show cause why such case should not be stated or
amended or such leave to appeal granted: and the Full
Court may make the same absolute or discharge the same
with or without payment of costs by the magistrate or either
party, as may seem just.

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

109. The Full Court, on the argument of any case stated
or on any re-hearing, may revese or affirm the decision of
the magistrate, or may amend or alter such decision by
making any order which the magistrte would have had
power to make in the matter, or may remit the matter to the
magistrate with the opinion of the Full Court thereon, or
may make such other order in relation to the matter, and
make such orders as to costs, as to the Full Court may seem
fit: Provided always that no magistrate who states and
delivers a case pursuant to this Ordinance or grants leave to
appeal shall be liable to any costs in respect of or by reason
of such appeal against hi 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.

As amended by Law Am. Ord., 1923.
111.-(1) After an appeal has been decided, if the same
has been decided in favour of the respondent, any magistrate
may issue his warrant of distress or commitment for the
execution of such conviction or order as if no such appeal
has been brought.

(2) If, on any such appeal, the Full Court order either
party to pay costs, such order shall direct such costs to be
paid to the Registrar to be by him paid over to the party
entitled to the same, and shall state within what time such
costs shall be paid, and if the same are not paid within the
time so limited, and the party 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 whom
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 thereof being ascertained and
stated in the commitment), shall be sooner paid.

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

113. Notwithstanding the provisions of section 5 of the
Full Court Ordinance, 1912, in the absence or illness of one
of the judges, the powers of the Full Court contained in this
Part may be exercised by one judge, if he thinks fit.

As amended by law Ord., 1923.
PART VII

PROTECTION OF MAGISTRATES.

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

115. For any act done by a magistrate in a matter over
which by law he has no jurisdiction or in which he has
exceeded his jurisdiction, any person injured thereby, or by
any act done under any conviction or order made or warrant
issued by the magistrate in any such matter, may 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 reasonabl and probable cause: Provided, never-
theless, that no such action shall be brought for anything done
under such conviction or order until after such conviction or
order has been quashed, either on appeal to the Full Court
or on application to the court, nor shall any such action be
brought for anything done under any such warrant which has
been issued by the magistrate to procure the appearance of
such party, 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 aforeside; 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 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 be exigency of the
summons, in such case no such action shall be maintained
against the magistrate for anything done under warrant.
116. Where a conviction or order is made by one magistrte
and a warrant of distress or of commitment is granted
thereon by another magistrate 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 relating to the duties of the office as such magistrate, it
shall be lawful for the party requiring such act to be done
to apply to the Full Court, on an affidavit of the facts, for a
rule calling upon such magistrate, and also the party to be
affected by such act, to show cause why such act should not
be done; and if, after due service of such rule, good cause
is not shown against it, the Full Court may make the same
absolute, with or without costs, as may seem meet.

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

118. In any case where a warrant of distress or warrant of
commitment is granted by a magistrate on any conviction or
order, which, either before or after the grantign 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 in particular circum-
stances, if any such action is brought, it shall be lawful for a
judge, on summons taken out by the defendant and on an
affidavit of facts, to set aside the proceedings in the action,
with or without costs, as to him may seem meet.

120. No action shall be brought against any magistrate
for anything done by him in the execution of his office,
unless the same is commenced within 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 or 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 com-
menced, the magistrate to whom the notice is given may
tender to the party complaining or so his solicitor such sum
of money as he may think it as amends for the injury
complained of in the notice; and after the ction has been
commence, 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 court, then he or they shall give judgement or a verdict
for the defendant, and the plaintiff shall not be at liberty to
elect to be nonsuit, and the sum of money, if any, so paid
into court, or so much thereof as may be sufficient to pay or
satisfy the defendant's costs in the behalf, shall thereupon
be 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 a judge an
order that such money shall be paid out of court to him, with
or without costs, in the discretion of the judge; and there-
upon the action shall be determined, and such order shall be
a bar to any other action for the same cause.

123. If, at the trial of any such action, the plaintiff does
not prove that the action was brought within the time herein-
before limited in that behalf, or that such notice as aforesaid
was given one month before the action was commenced, or if

he does not prove the cause of action stated in such notice,
then and in every such case the plaintiff shall be nonsuit or
there shall be a verdict and judgment for the defendant.

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

PART VIII.

MISCELLANEOUS.

125. The rules in the Second Schedule shall be observed
in carrying into effect this Ordinance.

126.-(1) It shall be lawful for the Governor in Council
to make regulations as to the fees to be taken, if any, at the
magistrates' court in respect of any proceedings or of the
issuing, service, or execution of nay 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) A table of the fees and costs in force shall be hung up
in some conspicuous part of the magistrates' court.

(3) It shall be lawful for any magistrate to refuse to do
any act for which any fee is payable unless such fee has been
paid; and if any such act is done and the fee due thereon is
not paid, it shall be lawful for any magistrate to summon the
person from whom such fee may be due and to recover the
same by warrant and distress in manner hereinbefore pro-
vided for the recovery of fines.
FIRST SCHEDULE. [s. 6.]

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 [ss. 10 and 62.]

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
shortly the matter of the information, complaint, or charge]: These are,
therefore, to command you, in His Majestry's name to be and appear on
day, the day of , 19 , at
o'clock in the noon, at the said police court, before
such magistrate as may then be there, to answer to the said information
[or complaint, or charge], and to be further dealt with according to law.
Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 2 [ss. 11 and 62.]

Warrant when summons is disobeyed.

HONGKONG. IN TE POLICE COURT AT

To each and all of the constables of the said Colony.

On the day of , 19 , information was
laid, [or complaint was made, or C.D. was charged] before the under-
signed, a magistrate 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., commanding him, in His Majesty's name, to be and appear on
day, the day of , 19 , at
o'clock in the noon, at the said police court, before such
magistrate as might then be there, to answer to the said information
[or complaint, or charge], and to be further dealt with according to law;
and the said C.D. having neglected to be or appear at the time and
place so appointed in an by the said summons, although it has been
duly served on the said C.D.: There are, therefore, to command you, in
His Majesty's name, forthwith to apprehend the said C.D. and to bring
him before me or such magistrate as may them be sitting to answer to
then said information [or complaint, or charge], and to be further dealt
with according to law.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.
FORM NO. 3. [ss. 11, 62 and 64.]

Warrant in the first instance.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony.

Information having this day been laid [or C.D. having this day been
charged] before the undesigned, 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 substantiating the matter of such information [or charge]: These
are, therefore, to command you, in His Majesty's name, forthwith to
apprehend the said C.D. and to bring him before a magistrate of the
said Colony to answer to the said information [or charge], and to be
further dealt with according to law.

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

NOTE.-When the offence is committed on the high seas [or in foreign
parts] the warrant should describe the party injured to have been at the
time of the offence in the peace of the King.

FORM NO. 4. [s. 16.]

Warrant of committal for safe custody during on
adjournment of the hearing.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons.

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

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

As amended by Law Rev. Ord., 1923.
FORM NO. 5. [ss. 14, 16, 18, 25,
27, 31, 53 and 54.]

Recognizance conditioned for appearance or for doing some other thing.

HONGKONG. IN THE POLICE COURT AT

The day of , 19 .

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

Signed (where the taken orally) C.D.
E.F.; G.H.
Taken [orally] before me the day of , 19 .

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

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

CONDITION INDORSED.

The condition of the within-written recognizance is such that if the
within-bounden C.D. appears before such magistrate as may then be
sitting at the said police court on day, the day of
, 19 , at o'clock in the noon, to
answer [further] to the charge made against him by and to
be [further] dealt with according to law [or appears before such magistrate
as may then be sitting at for sentence when called upon,
or as the case may be] then the said recognizance shall be void, but
otherwise shall 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. [s. 53.]

Notice of such recognizance to be given to the defendant and his surety.

HONGKONG. IN THE POLICE COURT AT

Take notice that you C.D. have undertaken in the sum of
and you E.F in the sum of that you C.D. appear personally on
day, the day of , 19 , at
o'clock in the noon, at the said police court, before such magistrate
as may then be there, to answer futher 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.

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

FORM NO. 7. [ss. 14, 16, 18, 25 and 53.]

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 plce in the said condition mentioned, it is hereby
certified that the within-writtne recognizance is forfeited.

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

FORM NO. 8 [s. 17.]

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 informant [or complainant,
of defendant, or accused] in this behalf: These are, therefore, to require
you to be and appear on day, the day of
, 198 , at o'clock in the noon, at the
said police court, before such magistrate as may then be there, to testify
what you shall know concerning the matter of the said information
[or complaint, or charge].
Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

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

FORM NO. 9. [s. 17.]

Warrant where a witness has not obeyed a summons.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colny.

Information having been laid [or complaint having been made, or C.D.
having been charged] before the undesigned, a magistrte 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 description] was likely to give material evidence on behalf of the
informant [or complainant, or defendant, or accused] a summons was
duly issed by me to the said E.F. requiring him to be and appear on
day, the day of , 19 , at
o'clock in the noon, at the said police court before such magistrate
as might then be there, to testify what he should know concerning the
said C.D. or the matter of the said information [or complaint, or
charge]; and proof having this day been made before me upon oath [or
declaration] of such summons having been duly served on the said E.F.
and of a reasonable sum having been tendered to him for his costs and
expenses in that behalf; and the said E.F. having neglected to appear
at the time and place appointed by the said 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 brign and having him on
day, the day of , 19 , at
o'clock in the noon, at the said police court before such magistrate
as may then be there, to testify what he shall know concerning the matter
of the said information [or complaint, or charge.]

Dated this day of , 19 .

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

FORM NO. 10. [s. 17.]

Warrant for a witness in the first instance.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony.

Information havin gbeen 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 informant
[or complainant, or defendnat, or accused] in this matter, and it is
probable that the said E.F. will not attend to give evidence without
being compelled to do so: These are, therefore, to command you to
bring and have the said E.F. on day, the day of
, 19 , at o'clock in the noon, at
the said police court, before such magistrate as may then be there, to
testify what he shall know concerning the matter of the said information
[or complaint, or charge].

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

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

Comitment of a witness refusing to be sworn or to give evidence.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and
to the Superintendent of Prisons.

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. no
appearing before me as such magistrte as aforesaid on day,
the day of , 19 , at the said police court,
and being required by me to make oath [or declartion] 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 question, without offering any just excuse for such his refusal:

As amended by Law Rev. Ord., 1923.
These are, therefore, to command you, the said constables to take the
said E.F. and him safely to convey to the Gaol, and there to deliver
him to the Superintendent of Prisons, together with this precept, and
you, the said Superintendent, to receive the sai E.F. into your custody
in the Gaol, and there imprison him for such his contempt for the space
of days, unless he shall in the meantime consent to be examined
and to answer concerning the premises; and for your so doing this
shall be your sufficient warrant.

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

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

Warrant to remand a defendant when apprehended.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and
to the Superintendent of Prisons.

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

Dated this day of , 19 .

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

FORM NO. 13. [ss. 29 and 72.]

Minute and depositions of witnesses.

HONGKONG. IN THE POLICE COURT AT

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

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The examination of E.F., of [merchant], and G.H., of
[coolie], taken upon oath [or declaration] this
day of , 19 , at the said cour 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

As amended by Law Rev. Ord., 1923.
charged] by A.B. this day before [me], for that he, the said C.D., on the
day of , 19 , at [describing the offence as
in the information, summons, or warrant of commitment].

This doponent E.F. upon his oath [or declaration saith as follows:
[stating 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 day and year first above mentioned.

[L.S.] (Signed.) Magistrate.
___________
NOTE.-Where a fine is inflicted a memorandum of penalties paid into
court shall be added.


FORM NO. 14. [s. 23.]

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 said Colony, sitting at the
said police court.

The day of , 19
C.D. (hereinafter called the defendant) is this day convicted before
the said court for that he, on the day of , 19 ,
at [state offence]; and it is adjudged that the defendant
for his said offence 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 his costs in
this behalf; and if the said several sums be not paid forthwith, [or in
or before the day of , 19 ,]* it is
further ordered that the same be levied by distress and sale of the
defendant's goods and chattels, and, in default of sufficient distress,
* it is adjudged that the defendant be imprisoned in the Gaol in the
said Colony, [and there kept to hard 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.
[L.S.] (Signed.) Magistrate.
_______________
* Or, where the issuing of a distress warrant would be ruinous to the
defendant or his family, or it appears that he has no goods whereon to
levy a distress, or where, in the opinion of the magistrate, it is in-
expedient to issue such warrant of distress, then instead of the words
between the asterisks* *say, then, inasmuch as it has now been made
to appear to me that the issuing of a warrant of distress in this behalf
would be ruinous to the defendant and his family, [or that the defend-
ant has no goods or chattels whereon to levy the said sums by distress]
or then inasmuch as I deem it inexpedient to issue such warrant of
distress.
FORM NO. 15. [ss. 23 and 35.]

Conviction for fine, to be levied by distress, and in default of sufficient
distress, imprisonment. Payment forthwith or by a
given day or by instalments.
HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.
The day of , 19
C.D. (hereinafter called the defendant) is this day convicted before
the said court for that he, on the day of , 19 ,
at [state offence]; and it is adjudged that the defendant
do for his said offence forfeit and pay to the magistrtes' clerk [or other
the person to whom payment is to be made] at the sum
of [amount of fine] and do also pay to the said A.B. the sum of
for compensation [if awarded] and for costs
[or without costs.*]
And it is ordered that the said sums be paid forthwith, [or on the
day of , 19 , or by instalment of
for every days, the first instalment to be paid forthwith or
on the day of , 19 ,] and if default is
made in payment according to this adjudication and order, it is ordered
that the sums due thereunder be levied by distress and sale of the
defendant's goods; and, in default of sufficient distress, it is adjudged
that the defendant be imprisoned in the Gaol in the said Colony [and
there kept to hard labour] for the space of ,unless the said
sum, and all costs and charges of the said distress, shall be sooner paid.
[L.S.] (Signed.) Magistrate.
___________________
*Where the fine does not exceed two dollars, omit the direction to pay costs,
and insert the words without costs, unless costs are expressly ordered.

FORM NO. 16. [ss. 23, 35 and 39.]

Conviction for fine and, in default of payment, imprisonment.
HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.
The day of , 19 .
C.D. (hereinafter called the defendant) is this day convicted before
the said court for that he, on the day of ,19 ,
at [state offence]: and t is adjudged that the defendant
for his said offence do forfeit and pay the sum of [state the fine and the
compensation, if any], to be paid and applied according to law, and also
do pay to the said A.B. the sum of to be paid for his
costs in this behalf; and if the said several sums are not paid forthwith
[or on or before the day of , 19 ], it is further
adjudged that the defendant be imprisoned in the Gaol in the said
Colony and there kept to hard labour [if so adjudged] for the space of
unless the said several sums shall be sooner paid.
[L.S.] (Signed.) Magistrate.
FORM NO. 17. [ss. 23 and 35.]
Conviction for fine, and, in default of payment, imprisonment.
Payment forthwith, or by a given day, or by instalments.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of ,10 .

C.D. (hereinafter called the defendant) is this day convicted before
the said court for that he, on the day of ,19 ,
at [state offence]; and it is adjudged that the defendant do for his
said offence forfeit and pay to the magistrates' 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 compensa-
tion [if awarded] and for costs [or without costs.*]

And it is ordered that the said sums be paid forthwith [or on the
day of , 19 , or by instalments of
for every days, the first instalment to be paid forthwith or
on the day of , 19 ]; and if default
is made in payment according to this adjudication and order, it is
adjudged that the defendant be imprisoned in the Gaol in the said
Colony [and there kept to hard labour] for the space of
unless the said sums shall be sooner paid.
[L.S.] (Signed.) Magistrate.
____________________
*Where the fine does not exceed two dollars, omit the direction to
pay costs, and insert the words without costs unless costs are expressly
ordered.

FORM NO. 18. [ss. 23 and 35.]
Conviction when the punishment is by imprisonment. Costs.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of , 19 .

C.D. (hereinafter called the defendant) in this day convicted befoe the
said court for that he, on the da of , 19 ,
at [state offence]; and it is adjudged that the defendant
for his said offence be imprisoned in the Gaol in the said Colony [and
there kept to hard labour] for the space of ; and
it is also adjudged that the defendant do pay to the said A.B. the sum of
for his costs in this behalf, and if the said sum for costs
be not paid forthwith [or on or before the day of
, 19 ]* then it is ordered that the said sum be levied by
distress and sale of the goods and chattels of the defendant and, in
default of sufficient distress in that behalf,* it is adjudged that the

defendant be imprisoned in the said Gaol [and there kept to hard labour]
for the space of to commence at and from the
termination of his imprisonment aforesaid, unless the said sum for costs
shall be sooner paid
[L.S.] (Signed.) Magistrate.
____________________
*Or, where the issuing of a distress warrant would be ruinous to the
defendant or his family, or it appears that he has no goods whereon to
levy a distress, then, instead of the words between the asterisks * * say,
inasmuch as it has now been made to appear to me that the issuing of
a warrant of distress in this behalf would be ruinous to the defendant
and his family, [or that the defendant has not goods or chattels whereon
to levy the said sum for costs by distree].

FORM NO. 19. [s. 23.]
Conviction where punishment is by imprisonment. No costs.
HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.
The day of , 19 .
C.D. (hereinafter called the defendant) is this day convicted before
the said court for that he, on the day of , 19 ,
at [state offence]; and it is adjudged that the defendant
for his said offence be imprisoned in the Gaol in the said Colony [and
there kept to hard labour] for the space of
[L.S.] (Signed.) Magistrate.

FORM NO. 20. [ss. 23 and 35.]
Conviction or order where security is to be given for payment.
HONGKONG. IN THE POLICE COURT AT
[Proceed as in ordinary conviction or order down to direction as to time
of payment inclusive, and the, instead of inserting any direction as to
distress 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 teh payment of the said sums as
above directed.
[L.S.] (Signed.) Magistrate.

FORM NO. 21. [ss. 21, 23, 31 and 33.]
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, magistrate of the said Colony, sitting at the said
police court.
The day of , 19 .
C.D. (hereinafter called the defendant) is this day convicted before
the said court for that he, on the day of , 19 .
at [state offence]; but being of opinion that the said
offence 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, &c.]to appear for sentence
when called upon [or to be of good behaviour], he is discharged; and
it is ordered that the defendant do pay to the said A.B.
for damages and for costs [if so ordered] forthwith [or
on or before the day of , 19 ,
or by instalments of for evey days, the first
instalment to be paid on or before the day of
19 ]; and if default is made [proceed as in conviction to be levied by
distress].

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

FORM NO. 22 [s. 23.]

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 said Colony, sitting at the
said police court.

The day of , 19 .

A.B. having made complaint that C.D. (hereinafter called the defend-
ant) [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 magistrte as might now be here; to answere to the said complaint
and to be further dealt with according to law]; and now, having heard
the matter of the said complaint, it is adjudged and ordered that the
defendant do pay to the said A.B the sum of forthwith,
[or on or before the day of , 19 , or as
the Ordinance or statute may require], and also do pay to the said 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
, 19 ], it is adjudged that the defendant be
imprisoned in the Gaol in the said Colony [and there kept to hard
labour] for the space of unless the said several
sums shall be sooner paid.

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

FORM NO. 23. [s. 23.]

Order for 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 ,19 .

A.B. having made a complaint that C.D. (hereinafter called the
defendant) [state the facts entitling the complainant to the order, with
the time and place when and where they occurred]; and the 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
complaint, and to be further dealt with according to law]; and now,
having heard the matter of the said complaint, it is adjudged
and ordered that the defendant do pay to the said A.B. the sum
of forthwith, [or on or before the day of
,19 , or as the Ordinance or statute may require],
and also do pay to the said 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 , 19 ,]* it is
ordered that the same be levied by distress and sale of the defendant's
goods an chattels, and, in default of sufficient distress in that behalf*
it is adjudged that the defendant be imprisoned in the Gaol in the said
Colony [and there kept to hard labour] for the space of
unless the said several sums, and all costs and charges of the said
distress, shall be sooner paid.
[L.S.] (Signed.) Magistrate.
________________
*Or, where the issuing of a distress warrant would be ruinous to the
defendant or his family, or it appears that he has no goods whereon to
levy a distress, then, instead of the words between the asterisk, * * 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. [ss. 23 and 48.]

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 magistrte of the said Colony, sitting at the
said police court.

The day of , 19 .


A.B., having made a complaint that C.D. (hereinafter called the
defendant) [state the facts entitling the complainant to the order, with
the time and place when and where they occurred]; and the 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
complaint, and to be further dealt with according to law] and now,
having heard the matter of the said complaint, it is adjudged and
ordered that the defendant do [state the matter required to be done];
and if, on a copy of minute of this order being served on the defendent,
either personally or by leaving it for him at his last or most usual place
of abode, he refuses or neglets to obey this order, then it is adjudged
that the defendant for such his disobedience be imprisoned in the
Gaol in the said Colony [and there kept to hard labour] for the space
of unless the said order shall be sooner obeyed
[if the Ordinance or statute authorises this]; and it is also adjudged and
ordered that the defendant to pay to the complainant the sum of
for his costs in this behalf forthwith [or on the day
of , 19 , or by instalments, etc.]; and if default is
made in payment according to this adjudication and order, it is ordered
that the sum due thereunder be levied by distress and sale of the
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 said sum, and all
costs and charges of the said distress, shall be sooner, paid.

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

FORM NO. 25. [ss. 15 and 23.]

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 ,19 .

Information was laid [or complaint was made] before 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 duly called, not having
appeared]; and the matter of the said information [or complaint] being
by me duly considered, it manifestly appears to me that the said
information [or complaint] is not proved, and it is therefore dismissed;
and it is adjudged that the said A.B. to pay to the defendant the sum
of for his costs incurred by him in his defence in
this behalf; and if the said sum for costs is not paid forthwith, [or on or
before the day of , 19 ,] it is ordered that
the same be levied by distress and sale of the goods and chattels of the
said A.B., and in default of sufficient distress in that behalf it is
adjudged that the said A.B. be imprisoned in the Gaol in the said Colony
[and there kept to hard labour] for the space of ,unless
the said sum for costs, and all costs and charges of the said distress,
shall be sooner paid.

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

FORM NO. 26. [ss. 23 and 31.]

Order dismissing information or complaint and directing
person charged to pay damages.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of , 19 .

C.D. (hereinafter called the defendant) has been charged on the
information [or complaint] of A.B. for that he, on the day of
, 19 , at [state offence]; and being
of opinion that though the said charge is proved, the offence was of so
trifling a 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 do 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
,19 , or by instalments of for every
days, the first instalment to be paid forthwith, [or on or
before the day of , 19 ,]: and if default is
made [proceed as in form of conviction for fine to be levied by distress].

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

FORM NO. 27. [ss. 23 and 50.]

Order to enter into recognizance to keep the peace
or to be of good behaviour.

HONGKONG. IS THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of , 19 .

A.B. having made 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 defendant having appeared.
and on hearing the matter of the complaint, it is 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 His
Majesty and all his liege people, and especially towards the complainant,
for the term of now next ensuing: and, if the defendant
fails to comply with this order it is adjudged that he be imprisoned in
the Gaol in the said Colony for the space of , unless he
shall sooner comply with this order.

[If costs are ordered 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 , 19 , 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 fine to be
levied by distress.]

[L.S] (Signed.) Magistrate.

FORM NO. 28. [ss. 23, 50 and 54.]

Recognizance conditioned to keep the peace or to be of good
behaviour or not to do or commit some act or thing.

We, the undersigned C.D., of , E.F., of , and
G.H., of , severally acknowledge ourselves to owe to Our
Sovereign Lord the King the several sums following, namely,. the said
C.D. as principal the sum of , and the said E.F. and G.H. as
sureties the sum of each, to be levied on our several goods,
lands, and tenements 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 , 19.
[L.S.] (Signed.) Magistrate.
[or Superintendent of Prisons,
or as the case may be].

CONDITION INDORSED.

The condition of the within-written recognizance is such that if the
within-bounden C.D. keeps the peace and is of good behaviour towards
His Majesty and all his 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
undersigned, and insert the word orally after taken.


As amended by Law Rev. Ord., 1923.
FORM NO. 29. [ss. 23 and 54.]

Sumons to person bound by recognizance which 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
magistrate of the said Colony, sitting at , on the day of
, 19 , at o'clock in the noon or
before such magistrate as may then be there, to show cause why the
recognizance entered into on the day of , 19 ,
whereby you are bound to pay the sum of should not be
adjudged to be forfeited, and why you should not be adjudged to pay that
sum.

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

FORM NO. 30. [ss. 23 and 54.]

Adjudication of forfeitur 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

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of , 19 .

C.D. (hereinafter called the defendant) was by his recognizance
entered into the day of , 19 , bound in
the sum of the condition of the recognizance being
that , of , should [state condition of recognizance];
and proof having been given that the said has been convicted
of the offence of having [state offence], being an offence which is in law
a breach of the condition of the said recognizance; Therefore it is
adjudged that the said recognizance is forfeited, and that the defendant
do pay to the magistrates' 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 , 19 , or by instalments
of for every days, the first instalments to be paid
forthwith or on or before the days of , 19 ];
and if default is made in payment according to this adjudication and
order, it is ordered [proceed as in conviction for fine to be levied by
distress.]

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

FORM NO. 31. [ss. 23 and 54.]

Order cancelling or mitigating forfeiture of recognizance.
(To be indorsed on recognizance).

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

A warrant of distress was, on the day of , 19 .
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 mitgate] 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 , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 32. [ss. 23 and 51.]

Summons to attend an application for varying or
dispensig with sureties.

HONGKONG. IN THE POLICE COURT AT

To A.B., of

You are hereby summoned to appear before a magistrate of the said
Colony sitting at on day the day of ,
19 , 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
obligation of to find a surety [or sureties] should not be
dispensed with].

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

FORM NO. 33. [s. 51.]

Order varying 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 , 19 .

C.D. has been, under a warrant of commitment dated the day of
, 19 , and issued by this court committed to prison
for default in finding sureties [or a surety] in the sum of ,
and, on new evidence having been produced to me [or on proof of a

change of circumstance having been given to me], it seems to me just to
vary, in manner hereinafter appearin, the order under which the said
warrant was issued: Therefore it is ordered that the amount for which
it is proposed that the surety [or sureties] of the said 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].

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

FORM NO. 34. [s. 53.]

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 thid day [or was on the
day of , 19 ,] convicted before the said court for
that he, on the day of , 19 , at [state
offence]; and it was adjudged by the said conviction that the defendant
should pay [as is 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 adjudged by the said conviction at the time and in the
manner thereby directed; and I, the said defendant, and we [or I,] the
said sureties [or surety], hereby severally acknowledged ourselves bound
to forfeit and pay to the magistrates' 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 , 19 .
(Signed.) Magistrate.

FORM NO. 35. [s. 54.]

Oral or written acknowledgment of undertaking to perform
condition of forfeited recognizance.

HONGKONG. IN THE POLICE COURT AT

C.D. was by his recognizance entered into the day of
, 19 , bound in the sum of , the condition
of the recognizance being that should [state condition of
recognizance]; and, default having been made in the performance of
this condition, the recognizance was on the day of ,
19 , declared to be forfeited, and the said C.D. not having paid the
said sum, a warrant of distress was on the day of
, 19 , issued for recovery thereof, but no goods have been
sold under the warrant; and the said C.D. has applied to the under-
signed magistrate of the said Colony to cancel or mitigate the forfeiture:
Now therefore I, 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 undertake that the condition of the said recognizance shall be
duly performed, [and that the said shall, on or before the
day of , 19 , pay the sum of for
costs incurred in respect of the said forfeiture]; and I, the said principal,
and we [or I] the said sureties [or surety], hereby severally
acknowledge ourselves bound to forfeit and pay to the magistrates' 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 , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 36. [s. 24.]

Declaration of service of summons or other document.

I, , of , hereby solemnly declare that I did, on
day, the day of , 19 , serve
, of , with the [warrant, summons, notice process
or other document] now shown to me, marked A, by delivering a true
copy therof at being his last [or most usual]
place of abode.

Taken the day of , 19 , before me.

[L.S.] (Signed.) Magistrate. [or Justice of the Peace.]

FORM NO. 37. [s. 24.]

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 , 19 , before me.

[L.S.] (Signed.) Magistrate. [or Justice of the Peace.]
FORM NO. 38. [s. 81.]

Order for restitution of property.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of , 19 .

C.D. was charged before me, a magistrate of the said Colony, for that
he, on the day of , 19 , at ,
[state offence and describe goods as in conviction], and having dealt with
the case summarily, the said C.D. has been this day convicted before me
of the offence with which he was so charged; and it is proved to me
that the said goods are now in the possession of , of
: Therefore it is hereby ordered that the said
do forthwith restore the said goods to the said , the
owner thereof.
[L.S.] (Signed.) Magistrate.

FORM NO. 39. [s. 15.]

Certificate of dismissal.

HONGKONG. IN THE POLICE COURT AT

I hereby certify that an information [or complaint] preferred by A.B.
against C.D., for the [etc., as in the summons to defendant], was this
day considered by me, a magistrate of the said Colony, and was by me
dismissed [with costs].

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

FORM NO. 40. [s. 39.]

Warrant of 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
, 19 , convicted before the said court for that he, on the
day of , 19 , at , [state offence];
and it was adjudged that the defendant should for his said offence
forfeit and pay* [amount of fine], and should also pay to the said
the sum of for compensation and for costs
and it was ordered that the said sums should be paid [etc., as in the
conviction]; 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 forthwith to make distress of the
goods of the defendant (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 adjudication and order, together with the reasonable costs and
charges of the making and keeping of the said distress be not paid,
then to sell the said goods by you distrained, and pay the money
arising therefrom to the magistrates' clerk, in order that it may be
applied according to law, and that the overplus, if any, may be rendered
on demand to the defendant; and if no such distress can be found, to
certify the same to the said court, in order that further proceedings
may be had according to law.

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

$ c.
Amount adjudged, .....................
Paid, ................................
___________
Remaining due, .......................
Costs of issuing warrant, ............
___________
Total amount to be levied, ...

* Omit direction as to payment of fine, or compensation, or costs, as
the case may require.

N.B. -The goods are not to be sold until after the end of five clear
days next following the day on which they are seized, unless the
defendant consents or unless the goods are perishable.

FORM NO. 41. [s. 39.]

Warrant of distress on an order for the payment of any sum of money.

HONGKONG. IN THE POLICE COURT AT

To [insert name, etc., of officer where the person executing is not a
constable] and to each and all of the constables of the said Colony.

On the day of , 19 , it was adjudged and
ordered by the undersigned, [or J.P., Esquire,] a magistrate of the
said Colony, that C.D. (hereinafter called the defendant) should pay
to the sum of and the sum of for
costs [or as the case may be], on or before the day of
, 19 , [or as ordered]; and that, if default
should be made in payment according to the said adjudication and
order, the sum 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 adjudcation and order: Therefore you are
hereby commanded [proceed as in warrant of distress on conviction for
fine.]
FORM NO. 42. [s. 44.]

Warrant of distress for costs on a conviction where the
offence is punishable by imprisonment.

HONGKONG. IN THE POLICE COURT AT

To [insert name, etc., of officer where the person executing is not a
constable] and to each and all of the constables of the said Colony.

C.D., of , [labourer,] (hereinafter called the defendant)
was, on the day of , 19 , convicted before
the said court for that [state the offence as in the conviction], and it was
adjudged that the defendant for his said offence should be imprisoned
in the Gaol in the said Colony [and there kept to hard labour] for the
space of ; and it was also adjudged that the defendant
should pay to the said A.B. the sum of for his costs in
that behalf; and it was ordered that if the said sum of
for costs should not be paid [forthwith], the same should be levied by
distress and sale of the defendant's goods and chattels; and it was
adjudged that, in default of sufficient distress in that behalf, the
defendant should be imprisoned in the said Gaol [and there kept to
hard labour] for the space of , to commence at and
from the termination of his imprisonment aforesaid, unless the said
sum for costs, and all costs and charges of the said distress, should be
sooner paid; but the defendant having made default in the payment
of the said sum of for costs: These are, therefore, to
command you, in His Majesty's name, that you forthwith make
distress of the defendant's goods and chattels, and if, within the 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 defendant, and if no such distress can be found, that then you
certify the same to the said court, in order that further proceedings
may be had according to law.

Dated this day of , 19 .

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

FORM NO. 43. [s. 44.]

Warrant of distress for costs on an order where the disobeying
of the order is punishable with imprisonment.

HONGKONG. IN THE POLICE COURT AT

To [insert name, etc., of officer where the person executing is not a
constable] and to each and all of the constables of the said Colony.

On the day of , 19 , complaint was
made before the undersigned [or J.P., Esquire,] a magistrate of the
said Colony, for that [etc., as in the order] and on the day of
, 19 , at , the said parties having
appeared before me, [or the said J.P., Esquire, or as it may be in the
order] upon consideration of the matter of the said complaint, it was
adjudged that the defendant should [etc., as in the order]; and that if,
upon a copy of the minute of that order being served on the defendant
either personally or by leaving the same for him at his last or most
usual place of abode he should refuse or neglect to obey the same,
the defendant for such his disobedience should be imprisoned in the
Gaol in the said Colony [and there kept to hard labour] for the space
of unless the said order should be sooner obey; 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 but therein
has made default: These are, therefore, to command you, in His
Majesty's name, that you forthwith make distress of the defendant's
goods and chattels, and if, within the space of days next
after 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
magistrates' clerk, that he may pay the same as by law directed, and
may render the overplus, if any, on demand, to the defendant, and, if
no such distress can be found, then that you certify the same to the
said court, in order that further proceedings may be had according
to law.

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

FORM NO. 44. [s. 59.]

Warrant of distress for costs on an order for dismissal
of an information or complaint.

HONGKONG. IN THE POLICE COURT AT

To [insert name, etc., of office where the person executing is not a
constable] and to each and all of the constables of the said Colony.

On the day of , 19 , information was laid
[or complaint was made] before the undersigned [or J.P., Esquire,]
a magistrate of the said Colony, for that [etc., as in the order of
dismissal]; and afterwards, on the day of
19 , both parties having appeared before me [or the said J.P.,
Esquire,] and the case havin gbeen duly heard and considered, and
the said information [or complaint] not having been proved, it was
therefore dismissed; and it was adjudged that the said A.B. should
pay to the defendant the sum of for his costs incurred by
him in his defence in that behalf; and it was ordered that if the said
sum for costs 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 said A.B. should be inprisoned in the Gaol in the said Colony [and
there kept to hard labour] for the space of
unless the said sum for costs, and all costs and charges of the said
distress, should be sooner paid; and the said A.B. having now made
default in the payment of the said sum for costs: These are, therefore,
to command you, in His Majesty's name, that you forthwith make
distress of the goods and chattels of the said A.B., and if, within the
space of days next after the making of such distress
the said last-mentioned sum, together with the reasonable charges of
taking and keeping the said distress, shall not be paid, that then you
sell the said goods and chattels so by you distrained, and pay the
money arising from such sale to the magistrates' clerk, that he may
pay the same as by law directed, and may render the overplus, if any,
on demand to the said A.B., and if no such distress can be found, then
that you certify the same to the said court, in order that further
proceedings may be had according to law.

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

FORM NO. 45. [s. 31.]

Warrant of distress where the charge is dismissed, but the person
charged is ordered to pay damages, or costs, or both.

HONGKONG. IN THE POLICE COURT AT

The day of , 19 .

C.D. (hereinafter called the defendant) was charged for that he, on
the day of , 19 , at ,
[state offence]; and on the hearing of the said charge, on the
day of , 19 , before the undersigned [or J.P.,
Esquire,] a magistrate of the said Colony, the magistrate being of
opinion that, though the charge was proved, the offence was in the
particular case of so trifling a nature that it was inexpedient 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 of distress on conviction for fine.]

* Where no order to pay damages, omit words between asterisks.
+ Where no order to pay costs, omit words between daggers.
In either case substitute sum for sums.
FORM NO. 46. [s. 54.]

Warrant of distress for sum due under recognizance declared to be forfeited.

HONGKONG. IN THE POLICE COURT AT

[To insert names, etc., of officer where the person executing is not a
constable] and to each and all of the constables of the said Colony.

C.D. was, by his recognizance entered into on the day
of , 19 , bound in the sum of , the
condition of the recognizance being that should [state
condition of recognizance], and, default having been made in compliance
with the said condition, the said recognizance was, on the day
of , 19 , declared by the undersigned [or
J.P., Esquire,] a magistrate of the said Colony to be forfeited; and
the said has made default in payment of the sum due under
the said recognizance: Therefore you are hereby commanded forth-
with to make distress 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 state at the foot of
this warrant to be due under the said recognizance, together with the
reasonable costs and charges of the making and keeping of the said
distress, be not paid, then to sell the said goods by you distrained and
pay the money arising therefrom to the magistrates' clerk, in order
that is 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
further proceedings may be had according to law.

Dates this day of , 19 .

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


$ c.
Amount due under recognizance, ...............
Paid, ........................................
___________
Remaining due, ...............................
Costs of issuing warrant, ....................
___________
Total amount to be levied, ..........$

* N.B.-The goods are not to be sold until after the end of five clear
days next following the day on which they are seized, unless the owner
consents or unless the goods are perishable.
FORM NO. 47. [s. 54.]

Warrant of distress for sum due under recognizance adjudged
to be forfeited by conviction of principal.

HONGKONG. IN THE POLICE 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, by his recognizance
entered into on the day of , 19 ,
bound in the sum of , the condition of the recognizance
being that should [state condition of recognizance]; and the
said having been convicted of the offence of having [state
offence], being an offence which is in law a breach of the said condition,
it was , on the day of , 19 , adjudged
by the undersigned [or J.P., Esquire,] a magistrate of the said Colony,
that the said recognizance shoul be forfeited, and that the defendant
should pay to the magistrates' clerk the said sum of , and
should also 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 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 [proceed as in warrant of distress for fine].

FORM NO. 48. [s. 53.]

Warrant of distress for sum due by a principal in pursuance of a
forfeited security for payment of a sum adjudged by a conviction.

HONGKONG. IN THE POLICE COURT AT

To [insert name, etc., of officer where the person executing is not a
constable] and to each and all of the constables of the said Colony.

C.D. (hereinafter called the defendant) was, on the day
of , 19 , convicted before the said court for
that he, on the day of , 19 , 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 satisfaction of a magistrate
of the said Colony [or as in the conviction], security 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 [severally] 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 defendant in pursuance of the said under-
taking has not been paid and has been forfeited: and notice of the
said forfeiture has been duly served on the defendant: Therefore you
are hereby commanded [proceed as in warrant of distress 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
pursuance of the said undertaking, and stating the amount at the foot
as amount due in pursuance of the said undertaking].

FORM NO. 49. [s. 41.]

Return to a warrant of distress.

HONGKONG. IN THE POLICE COURT AT

I, W.T., do hereby certify to the said court that by virtue of this
warrant I have made dilligent search for the goods and chattels of the
within-mentioned defendant, and that I can find no sufficient goods or
chattels of the defendant whereon to levy the sums within-mentioned.
Dated this day , 19 .
(Signed.)

FORM NO. 50. [s. 47.]

Account of costs and charges incurred in 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 , 19 , hereby declare that the following is a
true account of the costs and charges incurred in respect of the execution
of the said warrant.

$ c.
__________
Total, ........
==========

FORM NO. 51. [s. 43.]

Warrant of commitment in the first instance.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the Superin-
tendent of Prisops 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

As amend by Law Rev. Ord., 1923.
defendant for his said offence should forfeit and pay the sum of
,[etc., as in the covition,] 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 Gaol [and there kept to hard
labour] for the space of , unless the said several sums
should be sooner paid; and whereas the time in and by the said
conviction appointed for the payment of the said several sums has
elapsed, but the defendant has not paid the same or any part thereof,
but therein has made default: These are, therefore, to command you,
the said constables, to take the defendant and convey him to the Gaol,
and there to deliver him to the said Superintendent, to receive the defendant
into your custody in the Gaol and there to imprison him [and keep him
to har labour] for the space of , unless the said several
sums shall be sooner paid; and for your so doing this shall be your
sufficient warrant.

Dated the day of , 19
[L.S.] (signed.) Magistrate.


FORM NO. 52. [s. 43.]

Warrant of commitment on an order in the first instance.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons in the said Colony.

On the day of , 19 , complaint was
made before the undersigned, [or J.P., Esquire,] a magistrate of the
said Colony, for that [etc., as in the order], and afterwards, to wit, on
the day of ,19 , the parties appeared
before me, [or J.P., Esquire,] the said magistrate, and 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 ,19 , and also
should pay to the said A.B. the sum of for costs; and it was
also thereby adjudged that, if the said several sums should not be paid
on or before the day of ,19 , the defendant
should be imprisoned in the 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 order appointed for the
payment of the said several sums of money has elapsed, but the
defendant has not paid the same but therein has made default: These
are, therefore, to command you, the said constables, to take the
defendant and convey him to the Gaol, and there to deliver him to the



As amended by Law Rev. Ord., 1923.
said Superintendent, together with this warrant; and you, the said
Superintendent, to receive the defendant into your custody in the Gaol
and there to imprison him [and keep him to hard labour] for the space
of , unless the said several sums shall be sooner paid;
and for your so doing this shall be your sufficient warrant.

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

FORM NO. 53. [ss.41 and 42.]

Warrant of commitment for want of distress.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons in the said Colony.

[Proceed as in warrant of distress down to commanding part, and close
thus]:-

and on the day of ,19 , a
warrant of distress was handed for execution to , a
constable of the said Colony, 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 theat no sufficient distress whereon to levy
the said sum could be found; These are, therefore, to command you,
the said constables, to take the defendant and convey him to the 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 Gaol and there to imprison him [and keep him
to har labour] for the space of unless the said sum,
and all the cost and charges of the said distress, shall be sooner paid;
and for your so doing this shall be your sufficient warrant.

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

FORM NO. 54. [s.40.]

Warrant of commitment pending return to warrant of distress.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons in the said Colony.

C.D. (hereinafter called the defendant) was, on the day
of , 19 , [or this day] convicted before the said
court for that he [state the offence as in the conviction]; and default
has been made in payment accounding to the said adjudication and
order; and a warrant of distress has been issued against the defendant

As amended by Law Rev. Ord., 1923.
in pursuance of the said conviction, but no return has been made
thereto; and the defendant has not given sufficient security, to the
satisfaction of this court, for his appearance at the time and place
appointed for the return of the said warrant: These are, therefore, to
command you, the said constables, to tkae the defendant and convey
him to the 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 Gaol and there to keep and
detain him until the day of ,19 ,
being the day appointed for the return of the said warrant, unless
he previously enters into a recognizance in the sum of $ , with
Suret in the sum of $ [each] conditioned for his
appearance on that day; and on that day, if such recognizance has
not been entered into, to convey and have him before a magistrate of
the sid Colony at the said police court, at o'clock in
the noon, to be further dealt with according to law; and
for your so doing this shall be your sufficient warrant.

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



FORM NO. 55. [s.44.]

Warrant of commitment on a conviction where 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
Superintendent of Prisons 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 coviction];
and it has been adjudged that the defendant be for his said offence
imprisoned in the Gaol [and there kept to hard labour] for the space
of ; These are, therefore, to command you, the said
constables, to take the defendent and convey him to the Goal, 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 Gaol and there to imprison him [and keep him to har
labour] for the space of ; and for you so doing this
shall be your sufficient warrant.

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

As amended by Law Rev. Ord., 1923.
FORM NO. 56. [s. 44.]

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
Superintendent of Prisons in the said Colony.

On the day of ,19 , complaint was
made before the undersigned, [or J.P., Esquire,] a magistrate of the
said Colony, for that [etc., as in the order]; and afterwards, to wit, on
the day of ,19 , at ,
the said parties appeared before me [or as in the order]; and therupon,
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
defendant, either personally or by leaving the same for him at his last
or most usual place of abode, he should refuse or neglect to obey, the
same, in such case the defendant for such his disobedience should be
imprisoned in the Gaol [and there kept to hard larbour] for the space of
, unless the said order should be sooner obeyed; and it
having been now proved to me that, after the making of the said order,
a copy of the minute thereof was duly served on the defendant, but he
then refused [or neglected] to obey the same, and has not as yet obeyed
the same: These are, therefore, to command you, the said constables,
to take the defendant and convey him to the 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 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 ,19
[L.S.] (Signed.) Magistrate.

FORM nO. 57. [ss. 39 and 44.]

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
superintendent of Prisons in the said Colony.

[Recite the conviction or order and then proceed thus]:-and whereas
afterwards, on the day of ,19 , 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 other-
wise, that diligent search for the defendant's goods and chattels has

As amended by Law Rev. Ord., 1923.
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 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 Gaol and there to imprison him [and keep him
to hard labour], for the space of unless the said sum, and all
costs and charges of the said distress, amounting to the further sum of
, shall be sooner paid; and for your so doint this shall be your
sufficient warrant.

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

FORM NO. 58 [s. 59.]

Warrant of commitment for want of distress in the case
in Form No. 44.

[Recite the order of dismissal and then proceed thus]: and whereas
afterwards, on the day of , 19 , a warrant
of distress was issued against the said A.B. in pursuance of the said
order; and it having been made to appear on the day of
, 19 , to me as well by the return to the said
warrant of distress as otherwise, that diligent search for the goods and
chattels of the said A.B. has been made, but that no sufficient distress
whereon to levy the sum above mentioned could be found: These are
therefore, to command you, the said constables, to take the said A.B.
and convey him to the Gaol, and there to deliver him to the said
Superintendent, together with this warrant; and you, the said Superintendent,
to receive the said A.B. into your custody in the Gaol and
there imprison him [and keep him to har labour] for the space of
, unless the said sum, and all costs and charges of the said
distress, amounting to the further sum of , shall be sooner
paid; and for your so doing this shall be your sufficient warrant.

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

FORM NO. 59. [s.48.]

Warrant of commitment reducing term of imprisonment on part payment.

[Adopt the ordinary form of warrant of commitment but before the
commanding part insert the following]: and on application to the said
court to issue a warrant to commit the defendant to prison for
non-payment of the sum adjudged to be paid by the said conviction
[or order, or for default of sufficient distress], it appears to the said
court that, by payment of part of the said sum [or by the not 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

As amended by Law Rev. Ord., 1923.
the original amount so adjudged to be paid, would hve 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 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 commanded [proceed
as in ordinary warrant of commitment, inserting reduced term of
imprisonment].

FORM NO. 60. [s.30.]

Register of convictions and orders.

HONGKONG. IN THE POLICE COURT AT

The day of , 19

No. Name of Name of Nature of Minute of Magistrate
informant defendant. offence or adjudication. adjudicating.
or of matter
complainant. of complaint.

1 2 3 4 5 6

PART II.
FORMS FOR RECOVERY OF CIVIL DEBTS.

FORM NO. 61. [S. 55.]

Summons to defendant.

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 ,19 , at o'clock in
the noon, to answer the plaintiff's claim, the particulars
of which are hereto annexed.

Dated this day of , 19
[L.S.] (Signed.) Magistrate.
FORM NO. 62. [s.56.]

Summons to Witness.

HONGKONG. IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
To ,of
You are hereby require to attend before such magistrate of the said
Colony as may be sitting at the said court on day, the
day of , 19, at o'clock in the noon,
to given evidence in the above cause on behalf of the plaintiff [or
defendant].

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

FORM NO. 63. [s.56.]

Judgment for plaintiff.

HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a magistrate of the said Colony.
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
The day of ,19
It is this day adjudged that the plaintiff recover against the
defendant the sum of for debt [or damages] and for
costs, amounting together to the sum of ; and it is ordered
that the defendant pay the same to the plaintiff forthwith [or on or
before the day of ,19 ,or by instalments
of for every days, the first istalment to be paid forthwith
or on or before the day of ,19 ,]; * and
if default is made in payment according to this adjudication and order,
it is ordered that the sum due thereunder be levied by distress and
sale of the defendant's goods.*

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

*If security is accepted, substitute for words between asterisks: and
it is ordered that the defendant be at 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. [s.56.]

Judgement 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 ,19
Upon hearing this cause this day, it is adjudged that judgment be
entered for the defendant, and that the plaintiff pay the sum of
for the defendant's costs forthwith [or on or before the day of
,19 , or by instalments of for every
days, the first instalment to be paid forthwith or on or
before the day of ,19 ];* and if default
is made in payment according to this adjudication and order, it is
ordered that the sum due thereunder be levied by distress and sale of
the plaintiff's goods.*

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

*If security is accepted, substitute for words between asterisks: and
it is ordered that the plaintiff be at liberty to give, to the satisfaction
of a magistrate [or of ], security in the sum of [each]
for payment of the said sum as above directed.

FORM NO. 65. [s. 56.]

Judgment summons.

HONGKONG. IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
The day of ,19
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
, 19 , for the payment of , and
you have made default in payment of the sum payable in pursuance of
the said order: Therefore you are hereby summoned to appear
personally before such magistrate of the said Colony as may be sitting
at the said court on day the day of ,
19 , at o'clock in the noon, to 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 payable in
pursuance of the said order; and also to show cause why you should
not be committed to prison for such default.

[L.S.] (Signed.) Magistrate.
Amount of order, and costs..................$ c.


$ c.
Paid into the Magistracy...
Instalments not required to
Deduct { have been paid before the
date of the summons...


Sum payable ........................................$ c.
Costs of this summons ..............................
Amount upon payment of which no further pro-
ceedings will be had until default in payment of
next instalments.
_____________


FORM NO. 66. [s. 56.]

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
Superintendent of Prisons 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 ,

As amended by Law Rev. Ord., 1923.
19 , for the payment of , and the
defendant [or plaintiff] has made default in payment of ,
payable in pursuance 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
magistrate of the said Colony as might be sitting at the said court on
the day of ,19 , 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
pursuance of the said 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
proved to have been duly served], and it has now been proved that the
defendant [or plaintiff now has [or has had since the date of the said
order] the means to pay the sum then due and payable in pursuance of the
said order, and has refused [or neglected, or then refused or neglected]
to pay the same, and the defendant [or plaintiff] has shown no cause why
he should not be committed to prison: Now, therefore, it is ordered that,
for such default, the defendant [or plaintiff] be committed to prison
for day, unless he shall sooner pay the sum 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 Gaol, and there to deliver him to said
Superintendent, together with this order; and you, the said
Superintendent, to receive the defendent [or plaintiff] and keep him
safely in the Gaol for days from the arrest under this
order, or until he is sooner discharged by due course of law.

Dated this day of ,19 .
[L.S.] (Signed.) Magistrate.
$ c.
Total sum payable at the time of hearing of the
judgment summons .........................
Hearing of summons, and costs of order ........
___________
Total sum on payment of which the prisoner will be
discharged ..................................
____________

FORM NO. 67. [s.56.]

Certificate for discharge of a prisoner from custody.

HONGKONG. IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)

As amended by Law Rev., Ord, 1923.
To the Superintendent of Prisons in the said Conly.
I hereby certify that the defendant [or plaintiff], who was committed
to you custody by virtue of an order of commitment dated the
day of ,19 , has paid and satisfied
the sum of money for the non-payment whereof he was so committed,
together with 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 ,19
(Signed.) Magistrate.


FORM NO. 68. [s. 56.]

Distress warrant.

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.

On the day of ,19 , it was adjudged
and ordered by the undersigned, [or J.P., Esquire,] a magistrate of
the said Colony, that the defendant [or plaintiff] should pay to the
plaintiff [or defendant] for debt [or damages] and
for costs, amounting together to the sum of : and it was
ordered that the said sum should be paid on the day of
,19 , [or as in the judgment, and that, if default
should be made in payment according to the said adjudication and
order, the sum due thereunder should be levied by distress and sale
of the defendant's [or plaintiff's]goods; and default has been made
in payment according to the said adjudication and order: Therefore
you are hereby commanded forthwith to make distress of the goods
of the said defendant [or plaintiff], except the wearing apparel and
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 adjudication 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 distrained, and pay the money
arising thereby to the magistrates' clerk, in order that is may be
applied according to law, and that the overplus, if any, may be
rendered on demand to the defendant [or 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 ,19 .
[L.S.] (Signed.) 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 five clear
days next following day on which they were seized, unless the
defendant otherwise consents or unless the goods are perishable.

FORM NO. 69. [s. 56.]

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 ,19 ,]
adjudged by the undersigned, [or J.P., Esquire,] a magistrate of the
said Colony, that the plaintiff should recover against the defendant the
sum of for debt [or damages] and for costs,
amounting together to the sum of : and it was ordered
that the defendant should pay the same to the plaintiff forthwith, [or
on or before the day of ,19 , or by
instalments of for every days, the first instalment
to be paid on the day of ,19 ,] and that
the defendant should be at liberty to give, to the satisfaction of a
magistrate [or as in the judgment], security in the sum of
with suret in the sum of [each], for
the payment of the sum so ordered to be paid as thereby directed:
Now, therefore, I, the defendant, as principal, and we E.F., of ,
and G.H., of , as sureties [or I, E.F., of ,as surety,]
hereby undertake that the defendant will pay the sum so ordered to
be paid as thereby directed; and I, the said defendant, and we [or I]
the said sureties [or surety], hereby severally acknowledge ourselves
bound to forfeit and pay to the sum of in case the
defendant fails to perform this undertaking.
(Signed.) (where not taken orally)
C.D., Defendant.
E.F.,}
G.H.,} Sureties.
Taken [orally] before me the day of , 19 .
(Signed.) Magistrate.

PART III.

FORMS FOR INDICTABLE OFFENCES.

FORM NO. 70. [s. 73.]*

Caution to and statement by accused.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of 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 ,19 , at [etc., as in the heading
to the depositions] and the said charge being read to the accused and
the witnesses for the prosecution E.F. and G.H. being severally
examined in his presence, the accused is not 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 upon you trial; whereupon
the said C.D. saith as follows:

[Here state whatever the prisoner may say, and in his very words as
nearly as possible. Get him to sign it, if he will.]

The day of ,19
(Signed.) C.D.
Taken before me at the day and year last above written.
(Signed.) Magistrate.

*As amended by Law Am. Ord., 1923.

[Form No. 71, rep. No. 8 of 1912.]

FORM NO. 72. [s.75.]

Recognizance to prosecute or given evidence.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony.

The day of ,19
A.B., of , personally came before me, the undersigned, and
acknowledged himself to owe to Our Sovereign Lord the King the sum
of ,to be made and levied on his goods and chattels, lands and
tenements, to the use of Our Sovereign Lord the King, his heirs and
successors, if he, the said A.B., shall fail in the condition indorsed.

Taken and acknowledged before me at the day and year
first above mentioned.

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

Conditon 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., and indictment for the offence aforesaid,
and there also duly prosecute such indictment, then the said recognizance
to be void, or else to stand in full force and virtue.

[Where the 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
aforesaid to the Supreme Court and jurors on the trial of the sid C.D.,
then the said recognizance to be void, or else to stand in full force and
virtue.
FORM NO. 73. [s. 75.]

Notice of the said recognizance to be given to the prosecutor
and his witnesses.

HONGKONG. IN THE POLICE COURT AT

Take notice that you, A.B. of ,are bound in the sum of
to 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 prosecute and given evidence accordingly, the recognizance
entered into by you will be forthwith levied on you.

Dated this day of ,19
(Signed.) Magistrate.

FORM NO. 74. [s. 75.]

Commitment of witness for refusing to enter into the recognizance.
HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons in the said Colony.

Whereas C.D., was lately charged before the undersigned, a
magistrate of the said Colony, for that [etc., as in the 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 ,
19 , at , or before such other magistrate as should then be
there, to testify what he should know concerning the said charge so
made against the said C.D. as aforesaid; and the said E.F. now
appearing before me [or being brought before me by virtue of a warrant
in that behalf] to testify as aforesaid has been now examined by me
touching the premises, but being by me required to enter into a
recognizance conditioned to give evidence against the said C.D., has
now refused so to do: These are, therefore, to command you, the said
constables, to take the said E.F. and him safely to convey to the Gaol
and there deliver him to the said Superintendent, together with this
precept: and you, the said Superintendent, to receive the said E.F.
into your custody in the Gaol and there to imprison and safely keep
him until after the trial of the said C.D. for the offence aforesaid,
unless in the meantime the said E.F. shall duly enter into such
recognizance as aforesaid in the sum of before a magistrate of
the said Colony, conditioned in the usual form, to appear at the next
criminal session of the Supreme Court [or as the case may be] and there
to give evidence on the trial of the said C.D. for the said offence, if
an indictment should be filed against him for the same.

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

As amended by Law Rev. Ord., 1923.

FORM NO. 75. [s. 75.]

Subsequent order to discharge the witness.

HONGKONG. IN THE POLICE COURT AT

To the Superintendent of Prisons in the said Colony.
Whereas by my order, dated the day of m
19 , reciting that C.D. was lately charged before me for a certain
offence mentioned, and E.F., having appeared before me and being
examined as a witness for the prosecution in that behalf, refused to
enter into a recognizance to give evidence against the said C.D., and I
therefore thereby committed the said E.F. to your custody and required
you safety to keep him until after the trial of the said C.D. for the
offence 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 bail for the said offence, but on the contrary has been since discharged,
and it is therefore not 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 discharge the said E.F. out of your custody
as to the said commitment, and suffer him to go at large.

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

FORM NO. 76. [s.70.]

Warrant remanding accused.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons in the said Colony.

Whereas C.D. was this day charged before the undersigned, a
magistrate of the said Colony, for that [etc., as in the warrant to
apprehend]; and it appears to me to be necessary to remand the said
C.D.: These are, therefore, to command you, the said constables, in
His Majesty's name, forthwith to convey the said C.D. to the Gaol and
there deliver him to the said Superintendent together with this precept;
and you, the said Superintendent, to receive the said C.D. into you
custody in the Gaol and there safely keep him until day, the
day of ,19 , when I hereby command you to
have him at the said police court, at o'clock in the
noon of the same day, before such magistrate of the said Colony as
may be sitting at the said court, to answer further to the said charge,
and to be further dealt with according to law, unless you shall be
otherwise ordered in the meantime.

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

As amended by Law Rev. Ord., 1923.
FORM NO. 77. [s. 70.]

Recognizance of bail instead of remand, on an adjournment
of examination.

HONGKONG. IN THE POLICE COURT AT

On the day of ,19 , C.D., of
, E.F., of , and G.H., of ,personally came
before me, a magistrate of the said Colony, and severally acknowledged
themselves to owe to Our Sovereign Lord and King the several sums
following: that is to say, the said C.D. the sum of ,and the
said E.F. and G.H. the sum of each to be made and levied
on their several goods and chatterls, lands and tenements, respectively,
to the use of Our Sovereign Lord the King, his heirs and successors
if he, the said C.D., shall fail in the condition hereon indorsed.

Taken and acknowledged, the day of
19 , at , before me.

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

Condition.

The condition of the within-written recognizance is such that where-
as the within-bounden C.D. was this day [or on the day of
,19 ,] charged before me, for that he
[etc., as in the warrant]; and whereas the examination of the witnesses
for the prosecution in this behalf is adjourned until the day of
,19 ; if therefore the said C.D. shall
appear before me on the said day of
19 , at o'clock in the noon at , or
before such other magistrate as may then be there, to answer [further]
to the said charge and to be further dealt with according to law, then
the said recognizance to be void, or else to stand in full force and
virtue.

FORM NO. 78. [s.70.]

Notice of the said recognizance to be given to accused and his sureties.

HONGKONG. IN THE POLICE COURT AT

Take notice that you C.D., of , are bound in the sum of
, and your sureties, E.F. and G.H., in the sum of
each, that you, C.D., appear before me a magistrate of the said
Colony, on day, the day of ,
19 , at o'clock in the noon, at to answer
futher to the charge made against you by A.B. and to be further
dealt with according to law; and unless you, C.D., personally appear
accordingly, the recognizance entered into by yourself and your
sureties will be forthwith levied on you and them.

Dated this day of ,19
[L.S.] (Signed.) Magistrate.
FORM NO. 79. [s. 94.]

Recognizance of bail.

HONGKONG. IN THE POLICE COURT AT

On the day of ,19 , and
personally came before me the undersigned, a magistrate of
the said Colony, and severally acknowledged themselves to owe to Our
Sovereign Lord the King the several sums following: (that is to say),
the said the sum of ,and the said and
the sum of each, to be made and levied on their
several goods and chattels, lands and tenements respectivley, to the use
of our said Lord the King, his heirs and successor, if the said
shall fail in the condition following.

Taken and acknowledged, the day of
19 , at , before me,
(Signed.) Magistrate.
Explained by Sworn Interpreter.

Condtion in ordinary cases.

The condition of the above-written recognizance is such, that whereas
the said was this day charged before me the above-mentioned
magistrate for that
If therefore the said will appear at the criminal session of
the Supreme Court to be holden on the day of ,
19 , and at every adjournment thereof and there surrender himself
(if so required) into the custody of the Superintendent of Prisons in
the said Colony, and plead to such indictment as may be filed against
him by the Attorney General and take his trial upon the same, and
not depart the said court without leave, then the said recognizance
to be void, or else to stand in fall force and virtue.

FORM NO. 80. [s.94.]

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 forth-
with levied on you and them.

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

As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.
FORM NO. 81. [s. 94.]

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 ,19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 82. [s. 95.]

Warrant of deliverance on bail being given for a prisoner
already committed.

HONGKONG. IN THE POLICE COURT AT
To the Superintendent of Prisons 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 Lord the King
for that he [etc., as in the commitment], for which he was taken and
committed to the Gaol: These are, therefore, to command you, in His
Majesty's name, that if the said C.D. do remain in your custody in the
Gaol for the said cause, and for no other, you shall forthwith suffer
him to go at large.

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

PART IV.

FORMS FOR INDICTABLE OFFENCES
TRIABLE SUMMARILY.

FORM NO. 83 [ss. 80 and 81.]

Summary conviction of indictable offence.

HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a magistrate of teh said Colon,
The day of ,19
C.D. (hereinafter called the defendant) having been charged for
that he, on the day of ,19 , at ,
[state offence]; and the magistrate having determined to try the
case summarily; the defendant is this day convicted of the said
offence, and it is adjudged that he pay [or that he be imprisoned,
insert particulars] for his said offence [proceed as in ordinance forms of
summary conviction.]

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

As amended by Law Rev. Ord., 1923.
FORM NO. 84. [s.81.]

Order of dismissal where an indictable offence has been tried summarily.
HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a magistrate of the said Colony.
The day of , 19
C.D. (hereinafter called the defendant) having been charged on the
information of for that he, on the day of
, 19 , at [state offence]; and the magistrate
having determined to try the case summarily; and the matter of the
said charge having been duly consiered by the said magistrate, it
manifestly appears to him that the said charge is not proved: Therefore
the said information is hereby dismissed; and it is ordered that the
informant pay to the defendant the sum of for costs forthwith
[or on or before the day of , 19 ]; and
if default is made [proceed as in a conviction for fine to be levied by
distress.]

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

FORM NO. 85. [s. 98.]

Application to magistrate to state a case.
HONGKONG. IN THE POLICE COURT AT
To J.P., Esquire, magistrate of the said Colony.
In the matter of an information [or complaint] wherein I, the
undersigned A.B., was informant [or prosecutor, or complainant] and
C.D. was defendant, heard and determined before you at the said
police court on the day of , 19 , being
dissatisfied with your determination, upon the hearing of the above
information [or complaint] and being aggrieved thereby as being
erroneous in point of law [or as the case may be], I hereby, pursuant
to section 98 of the Magistrates Ordinance, 1890, make application to
you to state and sign a case setting forth the facts and ground of such
your determination, in order that I may appeal therefrom to the
Full Court.

Dated this day of , 19
(Signed.) A.B.

FORM NO. 86. [s. 103.]

Magistrate's certificate for leave to appeal by way of re-hearing.
HONGKONG. IN THE POLICE COURT AT
Whereas on the day of ,19 , an
information [or complaint] perferred by 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 convict 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, if dismissed]: and thereupon the said information
[or complaint] was dismissed, [and the said A.B. was ordered to pay
to the defendant the sum of for his costs incurred by him
in his defence in that behalf] [conclude as in the order of dismissal];
and whereas the defendant [or A.B.], being dissatisfied with the said
determination and alleging that he is aggrieved thereby as being
erroneous in point of fact, has applied to me, pursuant to section 103.
of the Magistrates Ordinance, 1890, for leave to appeal to the Full
Court by way o re-hearig: Now I do herby certify that I have
granted such leave accordingly.

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

FORM NO. 87. [s. 107.]

Magistrate's certificate of refusal to state or amend case or to grant
leave to appeal.

HONGKONG. IN THE POLICE COURT AT
[Commence as in the last form down to the end of the first recital and
then continue as follows:]
and whereas the defendant [or A.B.,] being dissatisfied with the said
determination and alleging that he is agrieved thereby as being
erroneous in point of law [or fact], has applied to me pursuant to
section 98 [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 therefrom to the Full Court
[or to grant leave of appeal to the Full Court by way of re-hearing];
[and, if so, and whereas on the day of , 19 ,
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, pursuant 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 sign and
deliver to him a certificate: Now therefore I, the said magistrte,
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 ,19 .
[L.S.] (Signed.) Magistrate.
FROM NO. 88. [s.98.]

Case stated by a magistrate.

IN THE SUPREME COURT OF HONGKONG.

APPELLATE JURISDICTION.

Between A.B., Appellant,

and

C.D., Respondent.

This is a case stated by the undersigned, a magistrate of the Colony
of Hongkong, under the Magistrates Ordinance, 1890, for the purposes
of appeal to the Supreme Court on questions of law which arose before
me as hereinafter stated.

1. At the police court in the said Colony, at , on the
day of , 19 , and information [or a complaint]
preferred by A.B. (hereinafter called the respondent) against C.D.
(hereinafter called the appellant) [or as the case may be], under
section of the [state the Ordinance or statute as the case may be]
charging, for that he, the appellant [etc., state the offence or cause of
complaint], was heard and determined by me, the said parties
respectively being then present; and upon such hearing the appellant
was duly convicted before me of the said offence, and it was adjudged
that he should pay [or and upon such hearing the appellant was by
me ordered to pay] the respondent the sum of [here state the
adjudication of fine, sum, or imprisonment and costs, as in a conviction or
an order].

[Or, if dismissed: 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 deter-
mination upon the hearing of the said information [or complaint]
and alleging himself to be aggrieved by such determination as being
erroueous in point of law has, pursuant to section 98 of the Magistrates
Ordinance, 1890, duly applied to me in writing to state and sign a
case setting forth the facts and the grounds of such determination as
aforesaid, in order that he may appeal therefrom to the Full Court,
and has duly entered into a recognizance as required by the said Ordi-
nance 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 me to state such case.]

*As amended by Law Am. Ord., 1923.
3. Now therefore I, the said magistrate, in compliance with the said
application [or in obedience to the said rule and order of the Full
Court] and the provisions of the said Ordinance [if more facts are
introduced than proved and by consent of the said parties], do hereby
state and sign the following case.

4. Upon the hearing of the information [or complaint] it was proved
on the part of the respondent, and found as a fact, that [here state so
much of the evidence given and of the facts as are necessary to raise the
point of law in question].

5. [State here any of the following paragraphs according to circum-
stances]. It was admitted by the appellant that the said proceedings
had before me were legal and regular, and that if [according to
circumstances] the said conviction [or order] was properly made.

6. It is also an admitted fact that

7. It was further stated on behalf of the respondent, and admitted
by the appellant, that

8. For the purpose of enabling the said court to determine the
questions raised between the parties, the following further facts were
stated and agreed upon between them, viz.:

If it is desired to refer to a portion of the evidence by consent, insert
the following paragraph:-

9. 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 that [here state
the legal objection or objections to the fundings on the facts taken by the
defendant or his counsel.]

11. I, however, being of opinion that [here state the grounds of the
decision], held that [here state the decision and judgment].

If it is desired to refer to a portion of the evidence by consent, insert
the following paragraph:-

12. The questions of law asising on the above statement for the
opinion of this court therefore are, 1st whether, etc., 2nd whether, etc.

Dated this day of , 19 .

[L.S.] (Signed.) Magistrate.
FORM NO. 89. [s. 106.]

Recognizance of appeal.

HONGKONG. IN THE POLICE COURT AT

[The form of recognizance will be the same as in Form No. 28 supra,
but the condition indorse will be as follows]:-

The condition of the within-written recognizance in such that if the
within-bounden shall without delay prosecute a
certain appeal to the Full Court from a conviction [or order] of J.P.,
Esquire, a magistrate of the said Colony, bearing date the day
of , 19 , whereby [here state effect of conviction
or order], and further shall abide by and duly perform the order of the
said court to be made upon the hearing of such appeal, 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 judgment 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 judgment in case such conviction [or order]
is not quashed, set aside, or reversed] then the within-written recogni-
zance shall be void, but otherwise shall remain in full force and virtue.

FORM NO. 90. [s. 106.]

Order to bring up appellant in custody to enter
into recognizance of appeal.

HONGKONG. IN THE POLICE COURT AT

To the Superintendent of Prisons in the said Colony.

You are hereby ordered to bring C.D., no 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 , 19 , at o'clock in the noon,
that he may enter into a recognizance with suret
conditioned to appear and try an appeal from the conviction [or order],
dated the day of ,19 , of the undersigned
[or J.P., Esquire,] a magistrate of the said Colony, and may be
thereupon, if the magistrate think fits, released from your custody.

Dated this day of , 19

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

As amended by Law Rev. Ord., 1923.
FORM NO. 91. [s. 111.]

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 ,19 , an appeal by C.D. against a conviction
[or order] or J.P., Esquire, a magistrate of the said Colony, came on to
be tried, and wa 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 , 19 ,
to be by me handed over to the said [respondent]; and I further certify
that the said sum for costs has not, nor has any part thereof, been paid
in obedience to the said order.

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

SECOND SCHEDULE.

RULES. [ss. 30, 51 and 125.]

Summary proceedings.

1. Where in pursuance of any Ordinance or statute, 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 register required to be kept in pursuance of the Magistrates
Ordinance, 1890, (which is hereinafter in these Rules referred to as the
Ordinance) and authenticated by the signature of one of the magistrates

2.-(1) The return referred to in section 30(4) of the Ordinance shall
contain the particulars required to be entered in the register.

(2) The magistrate signing any such return shall cause it to be
delivered to the magistrates' clerk, and he shall enter the return in
the register.

3. The account to be rendered by the magistrates' clerk of fines, fees
and other sums received by him under the Ordinance shall be rendered
quarterly or at any less interval as may be directed by the Treasurer,
and shall be in Form No. 1 in the Appendix to thes rules.

4.-(1) All fines imposed by a magistrate shall appear in the last-
mentioned account in chronological order, and where payment is deferred
or to be made by instalments, the fact shall be shown in the column
headed Remarks.
(2) When the whole of the sum has been paid or received by distress,
or the term of imprisonment imposed in default of payment or of
sufficient distress has expired, the magistrates' clerk shall then enter the
sum in the account: Provided that, though the whole of the sum may
not have been paid or recovered, the instalments received shall be
accounted for at such times and in such manner as the Treasurer
may direct.

5. Where a magistrates' clerk rendors an account in the required or
authorised form to the authority to whom he is required to render it he
shall not be required to render any other account relating to the same
particulars.

6.-(1) The magistrates' clerk shall enter on the day of its receipt
each sum of money received by him on any account whatever.
(2) Each instalment so received shall be entered in a book called the
Instalment Ledger, to an account to be opened in respect of the proceeding
in which the sum is paid.

7.-(1) The magistrates' clerk shall send, on the 10th day of January,
April, July, and October in each year, to the Colonial Secretary a
certified statement, in Form No. 2 in the Appendix to these rules, of all
fines which have been imposed by the magistrate during the previous
three months and which are payable wholly or in part to the Treasurer.

(2) If no such fines have been imposed, the statement shall be certified
in blank.

8. Where a magistrate has enforced payment of any sum due by a
principal in pursuance of a security under the Ordinance which appears
to the magistrate to be forfeited, the sum shall be paid to the magistrates'
clerk, and shall be paid and applied by him in the manner in which
fines imposed by a magistrate in respect of which fines no specifal
appropriation is made are payable and applicable.

9. Any security given under the Ordinance by an oral or written
acknowledgment may be in the form of an undertaking.

10.-(1) The magistrtes' clerk shall keep a security book, and shall
enter therein, with respect to each security given in relation to any
proceeding, the name and address of each person bound, showing whether
he is bound as principal or as surety, the sum in which each person is
bound, the undertaking or condition by which he is bound, the date of
the security, and the person before whom it is taken.

(2) Where any such security is not entered into before a magistrate or
before the magistrates' clerk, the person before whom it is entered into
shall make a return of it, showing the above particulars, to the
magistrates' clerk.

(3) The security book, and any certified extract therefrom, shall be
evidence of the several matters hereby required to be entered in the
security book in like manner as if the security book were the register.

11.-(1) Not less than two clear days before a warrant of distress is
issued for a sum due by a principal in prusuance of a forfeited security
under the Ordinance, the magistrates' clerk issuing the warrant shall
cause notice of the forfeiture to be served on the principal.
(2) Service of the notice may be effected either by prepaid letter sent
to the address mentioned in the security, or as service of a summons
may be effected under the Ordinance.

12. An application under section 51 of the Ordinance shall be an
application for a summons requiring the complainant to show cause why
the order made on his complaint should not be varied.

13. When an order of commitment for non-payment of money is
issued, the defendant may, at any time before me 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 magistrates' 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
magistrates' 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 is shall forthwith discharge
the prisoner.

(3) Where it is paid to the gaoler, he shall on payment to him of that
amount, sign a certificate of the payment and discharge the prisoner and
forthwith transmit the sum so received to the magistrates' clerk.

15. All costs incurred by the plaintiff or complainant in endeavouring
to enforce an order shall, unless a magistrate otherwise orders, be
enforceable by warrant of distress and sale or by imprisonment, without
hard labour, not exceeding 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 or
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 be heard until he has paid for such additional
copy or deposited with the Registrar a sufficient sum to pay for such copy.

17. Every case stated under Part VI of the Ordinance shall be
divided into paragraphs which, as nearly as may be, shall be confined to
a distinct portion of the subject, and every paragraph shall be numbered
consecutively.

18. The costs of drawing and copying any such case as aforesaid which
does not in substance comply with the requirements of rule 17 of these
rules shall not be allowed on taxation, unless the Full Court or the
judge before whom the appeal is heard specially so directs.

As amended by Law Rev. Ord., 1923.
Volume I 1844-1890
No. 3 of 1890. MAGISTRATIONS. P.552.
THIRD SCHEDULE. [ss. 80 and 86.]

LIST OF OFFENCES EXCLUDED FROM SUMMARY JURISDICTION.

1. Any offence which punishable with death.

2. Any offence (except burglary) which is punishable with imprison-
ment with hard labour for life.

3. Any felony mentioned in the suppression of Piracy Ordinance, 1868.

4. Misprision of treason.

5. Any offence against the King's title, prerogative, person or
government.

6. Blasphemy and offences against religion.

7. Perjury and subornation of perjury.

8. Making or suborning any other person to make a false oath
punishable as perjury or as a misdemeanor.

9. Any offence against any provision of the laws relating to bankrupts.

10. Composing, printing, or publishing blasphemous, seditious, or
defamatory libels.

11. Defamation.

12. Bigamy.

13. Bribery, except in cases punishable under section 3 or section 4
of the Misdemeanors Punishment Ordinance, 1898, where the amount
or value of the bribe does not exceed ten dollars.

14. Arson.

[15, rep. No. 11 of 1922.]

16. Stealing, or fraudulently taking, or injuring or destroying records
or documents belonging to any court of record or relating to any
proceeding therein.

17. Stealing, or fraudulently destroying, or concealing wills or
testamentary papers 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 trustee created by deed or will,
bankers, or factors, and mentioned in any of sections 62 to 73 of the
Larceny Ordinance, 1865. [Originally No. 10 of 1890. No. 3 of 1913. No. 28 of 1913. No. 10 of 1914. No. 29 of 1915. No. 31 of 1921. No. 11 of 1922. No. 21 of 1922. No. 32 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. 42 & 43 Vict.c. 49, s. 48. 42 & 43 Vict.c. 49, s. 49. Saving of special 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 firste instance. First Schedule. Form No. 2. First Schedule. Form No. 3. Manner of making complaint or laying information. 11 & 12 Vict.c. 43, s. 10. Place and manner of hearing. 11 & 12 Vict.c. 43, s. 12. Non-appearance and appearance of parties, and procedure thereon. 11 & 12 Vict.c. 43, s. 13. First Schedule Form No. 12. First Schedule. Form No. 5. First Schedule. Form No. 7. Proceedings at hearing. 11 & 12 Vict.c. 43, s. 14; 18 & 19 Vict.c. 126, s. 4. First Schedule. Form No. 25. First Schedule. Form No. 39. Adjournment of hearing and procedure theroen. 11 & 12 Vict.c. 43, s. 16. First Schedule. Form Nos. 4 and 5. First Schedule. Form No. 7. Provisions as to witnesses. 11 & 12 Vict.c. 43, s. 7. First Schedule. Form No. 8. First Schedule. Form No. 9. Frist Schedule. Form No. 10. Provision as to witness refusing to be sworn or anwser. First Schedule. Form No. 11. Variance between information and evidence. 11 & 12 Vict.c. 43, s. 9. First Schedule. Form No. 5. Frist Schedule. Form No. 7. Description of property of partners in complaint or 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. 11 & 12 Vict.c. 43, s. 11. Prohibition of objection for want of form. 11 & 12 Vict.c. 43, s. 1. Form of conviction and order. 11 & 12 Vict.c. 43, s. 17. First Schedule. Forms Nos. 14-21. First Schedule.Forms Nos. 22-32. Proof by declaration of service of process and of handwriting, etc. 42 & 43 Vict. c. 49,s. 41. First Sehedule. Forms Nos. 36 and 37. Form and execution of warrant, etc. 11 & 12 Vict. C. 43, s. 3. First Schedule. Form No. 5. First Sehedule. 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. 42 & 43 Vict. C. 49, s. 38. [cf. No. 11 of 1900, s. 28 (2).] First Schedule. Form No. 5. Provisions as to proceedings, etc. 11 & 12 Vict. c.43, s. 14; 42 & 43 Vict. c. 49, s. 39. Minute of proceedings. First Schedule. Form No. 13. Register of cases. 42 & 43 Vict. C. 49,s. 29. Second Schedule. First Schedule. Form No. 60. Power to discharge defendant without punishment if offence trifling. 42 & 43 Vict. C. 49, s. 16. First schedule. Forms Nos. 26 and 45. First Schedule. Forms Nos. 5 and 21. Appropriation of money found on defendant for payment of fine not exceeding $5. Recognizance may be dispensed with. Summary order. 42 & 43 Vict. C. 49, s. 34. Provision as to mode of payment of sum adjudged to be paid. 42 &43 Vict. C.49,s. 7. First Schedule. Forms Nos. 15-18, 20 and 21. Return by magistrate's order of property taken from defendant. 42 & 43 Vict. C. 49, s. 44. Prosecution and punishment of aider or abettor. 11 & 12 Vict. C. 43, s. 5. [ef. No. 3 of 1865.] Rule as to cumulative sentences for assault. 42 & 43 Vict. C. 49,s. 18. First Schedule. Form Nos. 40-59. Warrants of distress. 11 & 12 Vict. C. 43, s.19. First Schedule. Form No.16. First Schedule. Forms Nos. 40 and 41. Allowing defendant to go at large until return made to warrant, etc. 11 & 12 Vict. c. 43, s. 20. First Schedule. Form No. 54. Commitment in default of sufficient distress. 11 & 12 Vict. C. 43, s. 21. First Schedule. Forms Nos. 49 and 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. 11 & 12 Vict. C. 43, 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. 24. First Schedule . Forms Nos. 55 and 56. First Schedule. Forms Nos. 42, 43 and 57. Commitment for subsequent offence. 11 & 12 Vict. C. 43, s. 25. On payment of fine and expenses distress not to be levied, or party, if imprisoned, to be discharged. 11 & 12 Vict. C. 43,s. 28. Provisions as to warrants of distress. 42 & 43 Vict. c. 49, s. 43. [s. 47 contd.] 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 Suhedule. Forms Nos. 27 and 28. Power to reduce or vary security. 42 & 43 Vict. C. 49, s. 26. Second Schedule. First Schedule. Forms Nos. 32 and 33. Recognizance taken out of court. 42 & 43 Vict. C. 49, 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. First Schedule. Forms Nos. 6,7 and 48. Second Schedule. Enforcing recognizance for appearance. 42 & 43 Vict. C. 49, s. 9 . First Schedule. Forms Nos. 5, 31, 35 and 46. First Schedule. Form No. 28. First Schedule. 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. 42 & 43 Vict. C. 49, s. 35. First Schedule. Forms Nos. 62-69. Scale of imprisonment for non-payment of money adjudged to be paid, etc. 42 & 43 Vict. C. 49, s. 5. [ef. S. 42.] [ef. No. 10 of 1899.] Power to award costs, and recovery thereof by distress. 11 & 12 Vict. C. 43, s. 18. Procedure for compelling prosecutor to pay costs. 11 & 12 Vict. C. 43, s. 26. First Schedule. Forms Nos. 44 and 58. Costs where fine does not exceed two dollars. 42 & 43 Vict. C. 49, s. 8. [ef. S. 58.] Procedure on information being laid. 11 & 12 Vict. C. 42, s. 1. First Schedule. Form No. 3. First Schedule. Form No. 1. First Schedule. Form No. 2. Warrant to apprehend for offence commited 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. 11 & 12 Vict. C. 42, 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. 9. Form, etc., of warrants. 11 & 12 Vict. C. 42, s. 10. 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. Forms Nos. 12 and 76. First Schedule. Forms Nos. 77 and 78. Place where examination taken not an open court. 11 & 12 Vict. C. 42, s. 19. Taking of evidence at hearing. 11 & 12 Vict. C. 42, s. 19. Taking of evidence at hearing. 11 & 12 Vict. C. 42, s. 17. First Schedule. Form No. 13. Reading over depositions, and caution to 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. First Schedule. Form No. 73. First Schedule. Form No. 74. First Schedule. Form No. 75. [ef. No. 9 of 1899, s. 11.] Discharge or committal of accused. 11 & 12 Vict. C. 42, s. 25. Informing accused of committal. Right of accused to copy of depositions ,etc. 11 & 12 Vict. C. 42, s. 27. [ef. No. 9 of 1899, s. 11.] Saving as to Ordinances relating to women and girls. [ef. No. 4 of 1897.] Indictable offences which may be dealt with. Third Schedule. First Schedule. Form No. 83. Ordinance No. 7 of 1891. Procedure as to indictable offences triable summarily. 42 & 43 Vict. C. 49, s. 27. First Schedule. Forms Nos. 38 and 83. First Schedule. Form No. 84. Special powers for summary trial of certain indictable offences. Ordinance No. 2 of 1865. [ef.ss. 38 and 80.] Issue of process by one magistrate though hearing before two magistrates. 11 & 12 Vict. c. 43, s. 29. Procedure where two magistrates disagree. Flogging. Ordinance No. 2 of 1865. Ordinance No. 2 of l865. Ordinance No. 5 of l865. Ordinance No. 30 of 1915. Ordinance No. 4 of 1897. Ordinance No. 5 of 1903. Ordinance No. 25 of 1917. [ef. No.3 of 1903.] Power to sentence juvenile thief to be whipped for certain offences. Ordinances Nos. 10 of 1886 and 3 of 1903. Third Schedule. Power to fine in all cases. 42 & 43 Vict. C. 49, s. 4. Power to award compensation in addition to punishment. Power to sentence person using insulting language to or concerning magistrate. Power to award compensation or penalty for malicious prosecution or false testimony. Imprisonment for non-payment of fine under Ordinance No. 1 of 1845. Forfeiture of articles in certain cases. Penalty on person found drunk, etc., in public place. 35 & 36 Vict. C. 94, s. 12. Provisions relating to bail. First Schedule. Forms Nos. 79 and 80. First Schedule. Form No. 81. 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. [ef. No.9 of 1899, ss. 12-14.] Application to state case on point of law. 20 & 21 Vict. C. 43, s. 2; 42 & 43 Vict. C. 49, s. 33. First Schedule. Forms Nos. 85 and 88. Transmission of case to Regostrar, and notice to respondent. 20 & 21 Vict. C. 43, s. 3. Amendment of case by magistrate. Setting down case for argument. Full Court may send case back for amendment6. 20 & 21 Vict. c. 43, s. 7. Application for leave to appeal on question of fact 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 ppellant and fees. First Schedule. Form No. 89. First Schedule. 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. 20 & 21 Vict. C. 43, s. 5. Power to the Full Court to determine questions on case stated or re-hearing. 20 & 21 Vict. C. 43, s. 6. Enforcing determination after appeal. 20 & 21 Vict. C. 43, s. 9. Issue of warrant of distress or commitment for execution of conviction or order after appeal. 11 & 12 Vict. C. 43, s. 27. First Schedule. Form No. 91. Power to judge to liberate appellant when in custody. Provision for absence or illness of one of the judges. Ordinance No. 27 of 1912. 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. 11 & 12 Vict. C. 44, 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. 11 & 12 Vict. C. 44, s. 4. After appeal no action for anything done under warrant upon it. 11 & 12 Vict. C. 44, s. 6. Setting aside of action prohibited by the Ordinance. 11 & 12 Vict. c. 44, s. 7. Limitation of action. 11 & 12 Vict. c. 44, s. 8. Notice of action. 11 & 12 Vict. C. 44, s. 9. Tender and payment of money into court. 11 & 12 Vict. C. 44, s. 11. Nonsuit or verdict or judgment for defendant in certain cases. 11 & 12 Vict. C. 44, s. 12. Amount of damages in certain cases. 11 & 12 Vict. C. 44, s. 13. Rules. Second Schedule. Regulations as to costs and fees. Special appropriation of fine. Returns. Account of fines. Appendix. Form No. 1. Rule as to sum of which payment is deferred or to be made by instalments. Dispensing with account. Entry of receipt. Quarterly statement of Crown fines. Appendix. 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. Ordinance No. 1 of 1868. Ordinance No. 1 of 1898. Ordinance No. 5 of 1865.

[Originally No. 10 of 1890. No. 3 of 1913. No. 28 of 1913. No. 10 of 1914. No. 29 of 1915. No. 31 of 1921. No. 11 of 1922. No. 21 of 1922. No. 32 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. 42 & 43 Vict.c. 49, s. 48. 42 & 43 Vict.c. 49, s. 49. Saving of special 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 firste instance. First Schedule. Form No. 2. First Schedule. Form No. 3. Manner of making complaint or laying information. 11 & 12 Vict.c. 43, s. 10. Place and manner of hearing. 11 & 12 Vict.c. 43, s. 12. Non-appearance and appearance of parties, and procedure thereon. 11 & 12 Vict.c. 43, s. 13. First Schedule Form No. 12. First Schedule. Form No. 5. First Schedule. Form No. 7. Proceedings at hearing. 11 & 12 Vict.c. 43, s. 14; 18 & 19 Vict.c. 126, s. 4. First Schedule. Form No. 25. First Schedule. Form No. 39. Adjournment of hearing and procedure theroen. 11 & 12 Vict.c. 43, s. 16. First Schedule. Form Nos. 4 and 5. First Schedule. Form No. 7. Provisions as to witnesses. 11 & 12 Vict.c. 43, s. 7. First Schedule. Form No. 8. First Schedule. Form No. 9. Frist Schedule. Form No. 10. Provision as to witness refusing to be sworn or anwser. First Schedule. Form No. 11. Variance between information and evidence. 11 & 12 Vict.c. 43, s. 9. First Schedule. Form No. 5. Frist Schedule. Form No. 7. Description of property of partners in complaint or 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. 11 & 12 Vict.c. 43, s. 11. Prohibition of objection for want of form. 11 & 12 Vict.c. 43, s. 1. Form of conviction and order. 11 & 12 Vict.c. 43, s. 17. First Schedule. Forms Nos. 14-21. First Schedule.Forms Nos. 22-32. Proof by declaration of service of process and of handwriting, etc. 42 & 43 Vict. c. 49,s. 41. First Sehedule. Forms Nos. 36 and 37. Form and execution of warrant, etc. 11 & 12 Vict. C. 43, s. 3. First Schedule. Form No. 5. First Sehedule. 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. 42 & 43 Vict. C. 49, s. 38. [cf. No. 11 of 1900, s. 28 (2).] First Schedule. Form No. 5. Provisions as to proceedings, etc. 11 & 12 Vict. c.43, s. 14; 42 & 43 Vict. c. 49, s. 39. Minute of proceedings. First Schedule. Form No. 13. Register of cases. 42 & 43 Vict. C. 49,s. 29. Second Schedule. First Schedule. Form No. 60. Power to discharge defendant without punishment if offence trifling. 42 & 43 Vict. C. 49, s. 16. First schedule. Forms Nos. 26 and 45. First Schedule. Forms Nos. 5 and 21. Appropriation of money found on defendant for payment of fine not exceeding $5. Recognizance may be dispensed with. Summary order. 42 & 43 Vict. C. 49, s. 34. Provision as to mode of payment of sum adjudged to be paid. 42 &43 Vict. C.49,s. 7. First Schedule. Forms Nos. 15-18, 20 and 21. Return by magistrate's order of property taken from defendant. 42 & 43 Vict. C. 49, s. 44. Prosecution and punishment of aider or abettor. 11 & 12 Vict. C. 43, s. 5. [ef. No. 3 of 1865.] Rule as to cumulative sentences for assault. 42 & 43 Vict. C. 49,s. 18. First Schedule. Form Nos. 40-59. Warrants of distress. 11 & 12 Vict. C. 43, s.19. First Schedule. Form No.16. First Schedule. Forms Nos. 40 and 41. Allowing defendant to go at large until return made to warrant, etc. 11 & 12 Vict. c. 43, s. 20. First Schedule. Form No. 54. Commitment in default of sufficient distress. 11 & 12 Vict. C. 43, s. 21. First Schedule. Forms Nos. 49 and 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. 11 & 12 Vict. C. 43, 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. 24. First Schedule . Forms Nos. 55 and 56. First Schedule. Forms Nos. 42, 43 and 57. Commitment for subsequent offence. 11 & 12 Vict. C. 43, s. 25. On payment of fine and expenses distress not to be levied, or party, if imprisoned, to be discharged. 11 & 12 Vict. C. 43,s. 28. Provisions as to warrants of distress. 42 & 43 Vict. c. 49, s. 43. [s. 47 contd.] 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 Suhedule. Forms Nos. 27 and 28. Power to reduce or vary security. 42 & 43 Vict. C. 49, s. 26. Second Schedule. First Schedule. Forms Nos. 32 and 33. Recognizance taken out of court. 42 & 43 Vict. C. 49, 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. First Schedule. Forms Nos. 6,7 and 48. Second Schedule. Enforcing recognizance for appearance. 42 & 43 Vict. C. 49, s. 9 . First Schedule. Forms Nos. 5, 31, 35 and 46. First Schedule. Form No. 28. First Schedule. 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. 42 & 43 Vict. C. 49, s. 35. First Schedule. Forms Nos. 62-69. Scale of imprisonment for non-payment of money adjudged to be paid, etc. 42 & 43 Vict. C. 49, s. 5. [ef. S. 42.] [ef. No. 10 of 1899.] Power to award costs, and recovery thereof by distress. 11 & 12 Vict. C. 43, s. 18. Procedure for compelling prosecutor to pay costs. 11 & 12 Vict. C. 43, s. 26. First Schedule. Forms Nos. 44 and 58. Costs where fine does not exceed two dollars. 42 & 43 Vict. C. 49, s. 8. [ef. S. 58.] Procedure on information being laid. 11 & 12 Vict. C. 42, s. 1. First Schedule. Form No. 3. First Schedule. Form No. 1. First Schedule. Form No. 2. Warrant to apprehend for offence commited 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. 11 & 12 Vict. C. 42, 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. 9. Form, etc., of warrants. 11 & 12 Vict. C. 42, s. 10. 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. Forms Nos. 12 and 76. First Schedule. Forms Nos. 77 and 78. Place where examination taken not an open court. 11 & 12 Vict. C. 42, s. 19. Taking of evidence at hearing. 11 & 12 Vict. C. 42, s. 19. Taking of evidence at hearing. 11 & 12 Vict. C. 42, s. 17. First Schedule. Form No. 13. Reading over depositions, and caution to 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. First Schedule. Form No. 73. First Schedule. Form No. 74. First Schedule. Form No. 75. [ef. No. 9 of 1899, s. 11.] Discharge or committal of accused. 11 & 12 Vict. C. 42, s. 25. Informing accused of committal. Right of accused to copy of depositions ,etc. 11 & 12 Vict. C. 42, s. 27. [ef. No. 9 of 1899, s. 11.] Saving as to Ordinances relating to women and girls. [ef. No. 4 of 1897.] Indictable offences which may be dealt with. Third Schedule. First Schedule. Form No. 83. Ordinance No. 7 of 1891. Procedure as to indictable offences triable summarily. 42 & 43 Vict. C. 49, s. 27. First Schedule. Forms Nos. 38 and 83. First Schedule. Form No. 84. Special powers for summary trial of certain indictable offences. Ordinance No. 2 of 1865. [ef.ss. 38 and 80.] Issue of process by one magistrate though hearing before two magistrates. 11 & 12 Vict. c. 43, s. 29. Procedure where two magistrates disagree. Flogging. Ordinance No. 2 of 1865. Ordinance No. 2 of l865. Ordinance No. 5 of l865. Ordinance No. 30 of 1915. Ordinance No. 4 of 1897. Ordinance No. 5 of 1903. Ordinance No. 25 of 1917. [ef. No.3 of 1903.] Power to sentence juvenile thief to be whipped for certain offences. Ordinances Nos. 10 of 1886 and 3 of 1903. Third Schedule. Power to fine in all cases. 42 & 43 Vict. C. 49, s. 4. Power to award compensation in addition to punishment. Power to sentence person using insulting language to or concerning magistrate. Power to award compensation or penalty for malicious prosecution or false testimony. Imprisonment for non-payment of fine under Ordinance No. 1 of 1845. Forfeiture of articles in certain cases. Penalty on person found drunk, etc., in public place. 35 & 36 Vict. C. 94, s. 12. Provisions relating to bail. First Schedule. Forms Nos. 79 and 80. First Schedule. Form No. 81. 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. [ef. No.9 of 1899, ss. 12-14.] Application to state case on point of law. 20 & 21 Vict. C. 43, s. 2; 42 & 43 Vict. C. 49, s. 33. First Schedule. Forms Nos. 85 and 88. Transmission of case to Regostrar, and notice to respondent. 20 & 21 Vict. C. 43, s. 3. Amendment of case by magistrate. Setting down case for argument. Full Court may send case back for amendment6. 20 & 21 Vict. c. 43, s. 7. Application for leave to appeal on question of fact 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 ppellant and fees. First Schedule. Form No. 89. First Schedule. 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. 20 & 21 Vict. C. 43, s. 5. Power to the Full Court to determine questions on case stated or re-hearing. 20 & 21 Vict. C. 43, s. 6. Enforcing determination after appeal. 20 & 21 Vict. C. 43, s. 9. Issue of warrant of distress or commitment for execution of conviction or order after appeal. 11 & 12 Vict. C. 43, s. 27. First Schedule. Form No. 91. Power to judge to liberate appellant when in custody. Provision for absence or illness of one of the judges. Ordinance No. 27 of 1912. 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. 11 & 12 Vict. C. 44, 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. 11 & 12 Vict. C. 44, s. 4. After appeal no action for anything done under warrant upon it. 11 & 12 Vict. C. 44, s. 6. Setting aside of action prohibited by the Ordinance. 11 & 12 Vict. c. 44, s. 7. Limitation of action. 11 & 12 Vict. c. 44, s. 8. Notice of action. 11 & 12 Vict. C. 44, s. 9. Tender and payment of money into court. 11 & 12 Vict. C. 44, s. 11. Nonsuit or verdict or judgment for defendant in certain cases. 11 & 12 Vict. C. 44, s. 12. Amount of damages in certain cases. 11 & 12 Vict. C. 44, s. 13. Rules. Second Schedule. Regulations as to costs and fees. Special appropriation of fine. Returns. Account of fines. Appendix. Form No. 1. Rule as to sum of which payment is deferred or to be made by instalments. Dispensing with account. Entry of receipt. Quarterly statement of Crown fines. Appendix. 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. Ordinance No. 1 of 1868. Ordinance No. 1 of 1898. Ordinance No. 5 of 1865.

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