THE HONGKONG GOVERNMENT GAZETTE, 20тп MAY, 1865.
ime of the Conviction appoint, the Magistrate may commit the Offender to the Common tal, there to be imprisoned only, or to be imprisoned and kept to Hard Labour, as he Magistrate shall think fit, for any Terin not exceeding Two Months, unless such Suns and Costs be sooner paid: Provided that nothing herein contained shall extend
any Case where the party acted under a fair and reasonable Supposition that he had certain cases. Right to do the Act complained of.
263
Not to extend to
to extend to Trecs.
43. The Provisions in the last preceding Section contained shall extend to any Preceding Section Person who shall wilfully or maliciously commit any Injury to any Tree, Sapling, Shrub, or Underwood, for which no Punishment is herein-before provided.
Making Gunpowder to commit Offences, and searching for the same :—
Intent to commit any
44. Whosoever shall make or manufacture, or knowingly have in his Possession, Making or having any Gunpowder or other explosive Substance, or any dangerous or noxious Thing, or Gunpowder, &., with y Machine, Engine, Instrument, or Thing, with Intent thereby or by means thereof Felony against this
commit, or for the Purpose of enabling any other Person to commit, any of the Ordinance. Felonies in this Ordinance mentioned, shall be guilty of a Misdemeanor, and being nvicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for ...y Term not exceeding Two Years, with or without Hard Labour, and with or with- nt Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping.
searching Houses,&c.,
45. When any Machine, Engine, Implement, or Thing, or any Gunpowder or Police Magistrate ther explosive, dangerous, or noxious Substance, is suspected to be made, kept, or may issue Warrant for carried for the Purpose of being used in committing any of the Felonies in this for such Gunpowder. Ordinance mentioned, a Police Magistrate may upon reasonable Cause assigned upon Oath, Affirmation or Declaration by any Person, issue a Warrant under his Hand for Searching in the Daytime any House, Mill, Magazine, Godown, Storehouse, Warehouse, Shop, Cellar, Yard, Wharf, or other Place, or any Carriage, Waggon, Cart, Ship, Boat, or Vessel, in which the same is suspected to be made, kept, or carried for such Purpose as herein-before mentioned; and every Person acting in the Execution of any such Warrant shall have, for seizing, removing to proper Places, and detaining every such Machine, Engine, Implement, and Thing, and all such Gunpowder, explosive, danger- ns, or noxious Substances found upon such Search, which he shall have good Cause to suspect to be intended to be used in committing any such Offence, and the Barrels, Packages, Cases, and other Receptacles in which the same shall be, the same Powers and Protections which are given to Persons searching for unlawful Quantities of Gun- owder under the Warrant of a Justice by an Act of the Imperial Parliament passed in the Session holden in the Twenty-third and Twenty-fourth Years of the Reign of Her resent Majesty, Chapter One Hundred and Thirty-nine, intituled "An Act to amend Law concerning the Making, Keeping and Carriage of Gunpowder and Compositions an explosive Nature and concerning the Manufacture, Sale and Use of Fireworks."
Other Matters.
Degree and Acces-
46. In the Case of every Felony punishable under this Ordinance, every Principal Punishment of Prin- in the Second Degree, and every Accessory before the Fact, shall be punishable in the cipals in the second same Manner as the Principal in the First Degree is by this Ordinance punishable; and sories.
very Accessory after the Fact to any Felony punishable under this Ordinance shall on viction be liable, at the Discretion of the Court, to be imprisoned for any Term not Xceeding Two Years, with or without Hard Labour, and with or without Solitary finement; and every Person who shall aid, abet, 'counsel, or procure the Commis- on of any Misdemeanor punishable under this Ordinance shall be liable to be proceeded
inst, indicted, and punished as a principal Offender.
47. Any Constable or Peace Officer may take into Custody, without a Warrant, Abettors in Misde- Person whom he shall find lying or loitering in any Highway, Yard, or other loitering at night and Pace, during the Night, and whom he shall have good Cause to suspect of having suspected of Felony.
smitted or being about to commit any Felony against this Ordinance and shall take ach P'erson as soon as reasonably may be before a Police Magistrate, to be dealt with
ading to Law.
necessary.
48. Every Punishment and Forfeiture by this Ordinance imposed on any Person Malice against ciously committing any Offence, whether the same be punishable upon Indictment Owner of Property un-
summary Conviction, shall equally apply and be enforced, whether the Offence be committed from Malice conceived against the Owner of the Property in respect which it shall be committed or otherwise.