THE HONGKONG GOVERNMENT GAZETTE, 10m JUNE, 1865.
289
Cross-examination
as to previous State-
27. A Witness may be cross-examined as to previous Statements made by him in Writing or reduced into Writing, relative to the Subject-matter of the Information, ments in writing. without such Writing being shown to him; but if it is intended to contradict such Witness by the Writing, his Attention must, before such contradictory Proof can be given, be called to those Parts of the Writing which are to be used for the Purpose of contradicting him: Provided always, that it shall be competent for the Court, at any Time during the Trial, to require the Production of the Writing for its Inspection, and the said Court may thereupon make such Use of it, for the Purposes of the Trial, as it shall think fit.
Proof of previous
ness may be given.
28. A Witness on any Trial may be questioned as to whether he has been convicted of any Felony or Misdemeanor, and, upon being so questioned, if he either denies the Conviction of a Wit- Fact, or refuses to answer, it shall be lawful for the opposite Party to prove such Conviction; and a Certificate containing the Substance and Effect only (omitting the formal Part) of the Indictment or Information and Conviction for such Offence, purporting to be signed by the Clerk of the Court, or other Officer having the Custody of the Records of the Court where the Offender was convicted, or by the Deputy of such Clerk or Officer, shall, upon Proof of the Identity of the Person, be sufficient Evidence of the said Conviction, without Proof of the Signature or Official Character of the Person appearing to have signed the same.
29. It shall not be necessary to prove by the attesting Witness any Instrument to the Validity of which Attestation is not requisite; and such Instrument may be proved. by Admission, or otherwise, as if there had been no attesting Witness thereto.
Attesting Witness need not be called,
30. Comparison of a disputed Writing with any Writing proved to the Satisfaction Comparison of dis- of the Court to be genuine shall be permitted to be made by Witnesses; and such pated Writing. Writings, and the Evidence of Witnesses respecting the same, may be submitted to the Court and Jury as Evidence of the Genuineness or otherwise, of the Writing in Dispute.
nesses.
31. Either party shall be at Liberty to apply to the Court for a Rule or Order for Inspection by Jury, the Inspection by the Jury or by himself or by his Witnesses, of any Real or Personal by Parties, or by Wit- Property, the Inspection of which may be material to the proper Determination of the Question in Dispute; and it shall be lawful for the Court, if it think fit, to make such Rule or Order upon such Terms as to Costs and otherwise as such Court may direct.
32. It shall be lawful for the Court to make such Rules or Orders upon the Sheriff Rule or Order for or other Person as may be necessary to procure the Attendance of a Special or Common summoning Jury. Jury for the Trial of any Matter depending in such Court, at such Time and Place and in such Manner as the said Court may think fit.
nor may be found
and shall not be pro-
33. If on the Trial of any Person charged with any Felony or Misdemeanor the Party Indicted for Jury shall be of Opinion that the Defendant did not complete the Offence charged but Felony or Misdemea- only attempted to commit the same, the Defendant shall not be acquitted, but the Jury Guilty of Attempt may return a Verdict of Not Guilty of the Felony or Misdemeanor charged, but Guilty stuted afterwards for of an Attempt to commit the same, and thereupon the Defendant shall be punished as Attempt. if convicted on an Information for attempting to commit such Felony or Misdemeanor; and no Person tried as herein lastly mentioned shall be afterwards prosecuted for an Attempt to commit the Felony or Misdemeanor for which he was so tried.
34. If on any Trial for Robbery the Jury shall be of Opinion that no Robbery Similarly with Party was committed but an Assault with Intent to rob, the Defendant shall not be therefore indicted for Robbery. acquitted, but the Jury shall return a Verdict of Guilty of an Assault with Intent to rob, and thereupon the Defendant shall be punished as if convicted on an Information for feloniously Assaulting with Intent to rob; and no Person tried as hercinlastly mentioned shall be afterwards prosecuted for an Assault with Intent to commit the Robbery for which he was so tried.
Party indicted for Misdemeanor not to be acquitted if the
35. If, on any Trial for Misdemeanor, the Facts given in Evidence amount to a Felony the Defendant shall not be therefore acquitted of such Misdemeanor; and no Person tried for such Misdemeanor shall be liable afterwards to be prosecuted for offence be proved Fe- Felony on the same Facts, unless the Court shall think fit in its Discretion to discharge lony, unless Court so the Jury from giving any Verdict on such Trial and to direct such Person to be pro- secuted for Felony, whereupon such Person may be dealt with as if not previously put on Trial for Misdemeanor.
direct.
with Burglary, &c.,
36. If, on any Trial for Burglary, Stealing in a Dwelling-house, or Breaking and Persons charged Entering and Stealing in a Shop, Warehouse or Counting-House or a Building within may be convicted of the Curtilage of a Dwelling-house the Facts proved in Evidence authorize a Conviction Housebreaking, &c.