THE HONGKONG GOVERNMENT GAZETTE, 20TH MAY, 1865.
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charge Offender in certain Cases.
56. Where any Person shall be summarily convicted before a Police Magistrate of Magistrate may dis- any Offence against this Ordinance, and it shall be a first Conviction, the Magistrate may, if he shall so think fit, discharge the Offender from his Conviction upon his making ach Satisfaction to the Party aggrieved for Damages and Costs, or either of them, as hall be ascertained by the Magistrate.
any other Proceeding.
57. When any Person convicted of any Offence punishable upon summary Convie- Summary Couric- tion by virtue of this Ordinance, shall have paid the Sum adjudged to be paid, together tion shall be a Bar to with Costs, under such Conviction, or shall have received a Remission thereof from the Crown, or from the Governor, or shall have suffered the Imprisonment awarded for Non-payment thereof, or the Imprisonment awarded in the first Instance, or shall have en so discharged from his Conviction by any Magistrate as aforesaid, he shall be released from all further or other Proceedings for the same Cause.
58. All Actions and Prosecutions to be commenced against any Person for any- thing done in pursuance of this Ordinance shall be commenced within Six Months after the Fact committed, and not otherwise; and Notice in Writing of such Action, and of the Cause thereof, shall be given to the Defendant One Month at least before the Commencement of the Action; and in any such Action the Defendant may plead the General Issue, and give this Ordinance and the Special Matter in Evidence at any Trial to be had thereupon; and no Plaintiff shall recover in any such Action if Tender of sufficient Amends shall have been made before such Action brought, or if a sufficient Sum of Money shall have been paid into Court after such Action brought, by or on behalf of the Defendant; and if a Verdict shall pass for the Defendant, or the Plaintiff shall become Nonsuit, or discontinue any such Action after Issue joined, or if, upon Demurrer or otherwise, Judgment shall be given against the Plaintiff, the Defendant shall recover his full Costs, as between Attorney and Client, and have the like Remedy for the same as any Defendant has by Law in other Cases; and though a Verdict shall be given for the Plaintiff in any such Action, such Plaintiff shall not have Costs against the Defendant, unless the Judge before whom the Trial shall be shall certify his Approbation of the Action.
59. Whenever Imprisonment, with or without Hard Labour, may be awarded for any indictable Offence under this Ordinance, the Court may sentence the Offender to he imprisoned, or to be imprisoned and kept to Hard Labour, in the Manner in this Colony heretofore used and approved.
60. Whenever Solitary Confinement may be awarded for any indictable Offence under this Ordinance, the Court may direct the Offender to be kept in Solitary Con- nement for any Portion or Portions of his Imprisonment, or of his Imprisonment with Hard Labour, not exceeding One Month at any One Time, and not exceeding Three Months in any One Year; and whenever Whipping may be awarded for any indictable Offence under this Ordinance, the Court may sentence the Offender to be once privately whipped; and the Number of Strokes, and the Instrument with which they shall be inflicted, shall be specified by the Court in the Sentence.
Notice of Action.
General Issue.
Hard Labour.
Solitary Confine- ment and Whipping.
for keeping the Peace;
61. Whenever any Person shall be convicted of any indictable Misdemeanor Fine and Sureties punishable under this Ordinance, the Court may, if it shall think fit, in addition to or in what Cases. In lieu of any of the Punishments by this Ordinance authorized, fine the Offender, and quire him to enter into his own Recognizances, and to find Sureties, both or either, keeping the Peace and being of good Behaviour; and in case of any Felony punish- le under this Ordinance, the Court may, if it shall think fit, require the Offender to ter into his own Recognizances, and to find Sureties, both or either, for keeping the Peace, in addition to any Punishment by this Ordinance authorized: Provided that no Person shall be imprisoned under this Clause for not finding Sureties for any Period
Weeding One Year.
7.
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62. No summary Conviction under this Ordinance shall be quashed for Want of No summary Con- and no Warrant of Commitment shall be held void by reason of any Defect viction or warrant to rein, provided it be therein alleged that the Party has been convicted, and there be of Form.
lid Conviction to sustain the same.
be quashed for Want