THE HONGKONG GOVERNMENT GAZETTE, 8TH APRIL, 1899.
district, as the case may be, over which the Court has jurisdiction or in which the cause of action shall have arisen wholly or as to any part within such District or Sub-district; and also all cases in which the title to, interest in, or right to the possession of, any land or immovable property shall be in dispute, provided the value of such land or immovable property, or of the particular share, right, or interest in dispute in such case, does not exceed one hundred dollars, and the same or any part thereof is situate in such District or Sub- district.
Criminal.
pro-
(1.) Petty assaults, that is to say, assaults which may in the opinion of the Court be adequately punished by no higher punishment than a fine of ten dollars or imprisonment for one mouth with hard labour. (2.) Petty thefts,-that is to say, thefts where the
perty stolen does not exceed in value ten dollars, or where the theft is not preceded or accompanied by violence to the person, and which may in the opinion of the Court be adequately punished by no higher punishment than a fine of ten dollars or imprisonment for one mouth with hard labour, (3.) Malicious injury to property or boundaries, where
the damage does not exceed twenty dollars :
Provided, however, as follows :-
(1.) That the breach of Rule or the cause of action shall have arisen or the above offences shall have been com- mitted, wholly or in part, within the District or Sub- district as the case may be.
(2.) That it shall be lawful for the president and other members of the Court before whom any case, civil or cri- minal, shall be instituted, or by whom it shall be partially tried, to refer the parties to any civil or criminal Court having jurisdiction, if it shall appear to them that the case is one which from its circumstances may more properly be prosecuted before the higher tribunal.
(3.) That it shall be lawful for the attorney general, in any case, to stop the hearing or further hearing of such case before a District or Sub-district Court, and to direct it to be tried by any other civil or criminal Court having jurisdiction.
14. Every District and Sub-district Court shall have Punishments power to punish by fine nor exceeding ten dollars any which may person convicted before it of any offence, or of the breach be awarded
by such of any rule, and in case of a coutinned breach of any Rule Courts. such Court may impose a further fine not exceeding ten dollars for cach day such breach is continned after notice to the offender. Every such Court shall also have power to sentence the offender in default of payment of any fine imposed under this Ordinance to imprisonment with hard labour for any period not exceeding one mouth. Every such Court shall also have power in lien of inflicting imprisonment to punish any person convicted before it of any offence with one flogging not exceeding twelve strokes at any one time, and every such flogging shall be reported to the Colonial Secretary and shall be carried out in such manner as the Governor may direct.
15. All persons sentenced under this Ordinance, by any Imprison- District or Sub-district Court, to imprisonment with hard ment with labour, may be confined in such lock-up as the Governor hard labour
explained. may appoint for such purpose and shall, while undergoing Rules as to sentence, be subject as to diet, treatment, class of labour treatment of and otherwise, to such Rules as the Governor-in-Council prisoners. may make in that behalf. The Governor-in-Council is hereby authorized to make such Rules.
16. No person having any pecuniary interest in the sub- Interested ject matter of the litigation shall take part in the adjudica- parties not to
adjudicate. tion of any civil or criminal case.
17. If it shall appear to any such Court that any case Penalty for has been falsely and maliciously or upon frivolous or vexa- false or fri- 4ious grounds instituted therein, it shall be lawful for such volous case, Court to sentence the party instituting such case to a fine not exceeding ten dollars, and to award such fine or any part thereof to the aggrieved party; and if such aggrieved party shall accept the same, he shall not be entitled to have or maintain any suit for the recovery of damages in respect of the injury sustained by him by reason of such false and malicious, or frivolous, or vexations prosecution.
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