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Ordinauge shall apply
THE HONGKONG GOVERNMENT GAZETTE, 20TH MAY, 1865.
Provisions of this 49. Every Provision of this Ordinance not herein-before so applied shall apply to to Persons in Posses, every Person who, with Intent to injure or defraud any other Person, shall do any of sion of the Property the Acts herein-before made penal, although the Offender shall be in Possession of the
Property against or in respect of which such Act shall be done.
injured.
Intent to injure
not be stated in Indict- ment.
50. It shall be sufficient in any Indictment for any Offence against this Ordinance, particular Person need where it shall be necessary to allege an Intent to injure or defraud, to allege that the Party accused did the Act with Intent to injure or defraud (as the Case may be,) without alleging an Intent to injure or defraud any particular Person; and on the Trial of any such Offence it shall not be necessary to prove an Intent to injure or defraud any particular Person, but it shall be sufficient to prove that the Party accused did the Act charged with an Intent to injure or defraud (as the Case may be.)
committing Offence may be apprehended.
Persons in Act of 51. Any Person found committing any Offence against this Ordinance, whether the same be punishable upon Indictment or upon summary Conviction, may be im- mediately apprehended, without a Warrant, by any Peace Officer, or the Owner of the Property injured, or his Servant, or any Person authorized by him, and forthwith taken before a Police Magistrate, to be dealt with according to Law.
Mode of compell- ing the Appearance of
52. Where any Person shall be charged on the Oath, Affirmation or Declaration of a Persons punishable on credible Witness before a Police Magistrate, with any Offence punishable on summary summary Conviction. Conviction under this Ordinance, the Magistrate may summon the Person charged to appear at a Time and Place to be named in such Summons; and if he shall not appear accordingly, then (upon Proof of the due Service of the Summons upon such Person by delivering the same to him personally, or by leaving the same at his usual Place of Abode, the Magistrate may either proceed to hear and determine the Case ex parte, or issue his Warrant for apprehending such Person and bringing him before himself or some other Police Magistrate; or the Magistrate before whom the Charge shall be made may (if he shall so think fit), without any previous Summons (unless where otherwise specially directed), issue such Warrant; and the Magistrate before whom the Person charged shall appear or be brought shall proceed to hear and determine the Case.
Abettors in Offences punishable on summa- ry Conviction.
Application of For- feitures and Penalties
victions,
53. Whosoever shall aid, abet, counsel, or procure the Commission of any Offence which is by this Ordinance punishable on summary Conviction, either for every Time of its Commission, or for the First and Second Time only, or for the First Time only, shall, on Conviction before a Police Magistrate, be liable, for every First, Second or subsequent Offence of aiding, abetting, counselling, or procuring, to the same Forfeiture and Punishment to which a Person guilty of a First, Second, or subsequent Offence as a Principal Offender is by this Ordinance made liable.
54. Every Sum of Money which shall be forfeited for the Amount of any Injury upou summary Con-done shall be assessed in each Case by the convicting Magistrate, and shall be paid to the Party aggrieved, except where he is unknown, and in that Case such Sum shall be applied in the same Manner as a Penalty; and every Sum which shall be imposed as a Penalty by a Police Magistrate, whether in addition to such Amount or otherwise, shall be paid to Her Majesty for the Use of the Colony and in support of the Government thereof: Provided that where several Persons shall join in the Commission of the same Offence, and shall, upon Conviction thereof, each be adjudged to forfeit a Sum equiva- lent to the Amount of the Injury done, in every such Case no further Sum shall be paid to the Party aggrieved than such Value or Amount; and the remaining Sum or Sums forfeited shall be applied in the same Manner as any Penalty imposed by a Police Magistrate is herein-before directed to be applied.
If a Person sum- 55. In every Case of a summary Conviction under this Ordinance, where the Sum marily convicted shall which shall be forfeited for the Amount of the Injury done, or which shall be imposed gistrate may commit as a Penalty by the Magistrate, shall not be paid, either immediately after the Convic
not pay, &c., the Ma-
him.
tion, or within such Period as the Magistrate shall, at the Time of the Conviction, appoint, the convicting Magistrate (unless where otherwise specially directed) may commit the Offender to the Common Gaol, there to be imprisoned only, or to be imprisoned and kept to Hard Labour, according to the Discretion of the Magistrate, for any Term not exceeding Two Months, where the Amount of the Sum forfeited, or of the Penalty imposed, or of both, (as the Case may be), together with the Costs, shall not exceed Twenty-five Dollars; and for any Term not exceeding Four Months where the Amount with Costs, shall not exceed Fifty Dollars; and for any Term not exceeding Six Months in any other Case; the Commitment to be determinable in cach of the Cases aforesaid upon Payment of the Amount and Costs.