THE HONGKONG GOVERNMENT GAZETTE, 8TH JULY, 1899.

money to the pawn broker or other person under such order, and obtains the property, he shall not afterwards question the validity of the pawn; but, save to that extent, no order made under this section shall have any further effect than to change the possession, and no such order shall prejudice any right of property or right of action in respect to property existing or acquired in the goods either before or after the offence was committed.

(3.) Nothing in this section shall prevent any Magistrate or the Court from ordering the return to any person charged with an indictable offence, or to any person named by the Court, of any property found in the possession of the person so charged or in the possession of any other person for him, or of any portion thereof, if the Magistrate or the Court is of opinion that such property or portion thereof can be returned consistently with the interests of justice and with the safe enstody or otherwise of the person so charged.

e. 35, s. 9

80. Where any person is convicted of larceny or of any Restitution of other offence which includes the stealing of any property, stolen and it appears to the Court that the convicted person has property by

purchaser sold the stolen property to any person and that the purchaser thereof. had no knowledge that the same was stolen, and any moneys 30 & 31 Viet. have been taken from the convicted person on his appre- hension, it shall be lawful for the Court, on the application of the purchaser and on the restitution of the stolen property to the person injured, to order that, out of such moneys, a sum not exceeding the proceeds of the sale be delivered to the purchaser.

Calendar of Sentences.

Transmis-

sion and effect of

calendar of after each session.

81.-(1.) As soon as conveniently may be after the con- clusion of each session, a copy of the calendar of sentences under the hand of a Judge and the seal of the Court shall be transmitted by the Registrar to the Colonial Secretary. sentences

(2.) A similar copy shall also be transmitted by the Registrar to the Keeper of the Prison who shall record the same, and such calendar shall be a sufficient warrant No 6 of 1873, s. for receiving and detaining all prisoners named therein, and for carrying into effect all sentences set forth therein, other than sentences of death.

(3.) In the event of the copy of a calendar kept by the Keeper of the Prison being lost or destroyed, a fresh copy, signed and sealed as above mentioned, shall be delivered by the Registrar to the Keeper and shall have the same effect as the copy first given to that officer.

82.-(1.) At the end of each day's sitting of the Court in every session the Registrar shall deliver to the Keeper of the Prison or his deputy a certificate, in the form con- tained in the First Schedule to this Ordinance, of all sentences passed by the Court during that day.

Straits Set. Ord,

89, 90.

Delivery and effect of

certificate of sentenceя

after each day's sitting.

First Sche-

dule: Form No. 3.

(2.) Sneb certificate shall be sufficient warrant to the s. 91.92. Keeper for receiving into his enstody all prisoners named therein, and for carrying into effect all sentences described therein, other than sentences of death, until the calendar of sentences for that session is received by him.

Undergoing Sentence, etc.

83. Where any person convicted of any felony not Effect of punishable with death has endured or shall endure the undergoing

sentence for punishment to which he has been or may be sentenced for

felony not the same, the punishment so endured has and shall have punishable the like effects and consequences as a pardon under the with death. Public Seal of the Colony as to the felony whereof the 9 Gen. 4, offender was or may be so convicted: Provided that nothing herein contained, nor the enduring of such punishment, shall prevent or mitigate any punishment to which the offender might otherwise be lawfully sentenced on a sub- sequent conviction for any other felony.

e. 32, s. 3.

documents.

84. When any case has been finally disposed of, the Filing of Crown Solicitor shall deliver to the Registrar all the original original doenments in the case which have been transmitted to him by the Magistrate, and such documents shall be filed nance, s. 172. in the Office of the Registrar or otherwise dealt with as the Court may direct.

B. G. Ordi-

PART V.

MISCELLANEOUS PROVISIONS.

Ownership of Property.

85.-(1.) Where, in any document in any proceeding Mode of under this Ordinance, it is necessary to state the owner- stating ship of any property which belongs to or is in the posses-

ownership of

1091

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