372
Notice of Action,
THE HONGKONG GOVERNMENT GAZETTE, 24 JUNE, 1865.
been so discharged from his Conviction by any Magistrate as aforesaid, in every such Case he shall be released from all further or other Proceeding for the same Cause.
93. All Actions and Proscentions to be commenced against any Person for anything 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 Commence- General Issue, &c. ment 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 o> 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 Triat shall be shall certify his Approbation of the Action.
As to other Matters
Form of Information for a subsequent Of-
thereon.
94. In any Information for any Offence punishable under this Ordinance, and com- fence and proceedings mitted after a previous Conviction or Convictions for any Felony, Misdemeanor, or Offence or Offences punishable upon Summary Conviction, it shall be sufficient, after charging the subsequent Offence, to state that the Offender was at a certain Time and Place, or at certain Times and Places convicted of Felony, or of an indictable Misdemeanor, or of an Offence or Offences punishable upon Summary Conviction, (as the Case may be,) without otherwise describing the previous Felony, Misdemeanor, Offence or Offences; and a Certificate containing the Substance and Effect only (omitting the formal Part) of the Indictment or Informations and Conviction for the previous Felony or Misdemeanor, or a Copy of any such Summary Conviction, 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 first convicted, or by the Deputy of such Clerk or Officer, shall, upon Proof of the Identity of the Person of the Offender, be sufficient. Evidence of snch Conviction, without Proof of the Signature or official Character of the Person appearing to have signed the same; and the Proceedings upon any Information for committing any Offence after a previous Conviction or Convictions shall be as follows; (that is to say,) the Offender shall, in the first Instance, be arraigned upon so much only of the Information as charges the subsequent Offence, and if he plead Not Guilty, or if the Court order a Plea of Not Guilty to be entered on his Behalf, the Jury shall be charged, in the first instance, to inquire concerning such subsequent Offence only; and if they find him Guilty, or if on Arraignment he plead Guilty, he shall then, and not before, be asked whether he had been previously convicted as alleged in the Information, and if he answer that he had been so previously convicted the Court may proceed to sentence him accordingly, but if he deny that he had been so previously convicted, or stand mute of Malice, or will not answer directly to such Question, the Jury shall then be charged to inquire concern- ing such previous Conviction or Convictions, and in such Case it shall not be necessary to swear the Jury again, but the Oath already taken by them shall for all l'urposes be deemed to extend to such last-mentioned Inquiry: Provided, that if upon the Trial any Person for any such subsequent Offence such Person shall give Evidence of his good Character, it shall be lawful for the Attorney General, in answer thereto, to give Evi dence of the Conviction of such Person for the previous Offence or Offences before such Verdict of Guilty shall be returned, and the Jury shall inquire concerning such previous Conviction or Convictions at the same Time that they inquire concerning such subse quent Offence.
Hard Labour,
Solitary Confine-
95. Whenever Imprisonment, with or without Hard Labour, may be award for any indictable Offence under this Ordinance, the Court may sentence the Offen to be imprisoned, or to be imprisoned and kept to Hard Labour, and in either Case th Sentence shall be carried out in accordance with the Provisions of Ordinance No. 4 6 1868, Section XV.
96. Whenever Solitary Confinement may be awarded for any indictable Off ment and Whipping. under this Ordinance, the Court may direct the Offender to be kept in Solita
Confinement for any Portion or Portions of his Imprisonment, or of his Imprison with Hard Labour, not exceeding One Month at any One Time, and not exceed Three Months in any One Year; and whenever Whipping may be awarded for any