THE HONGKONG GOVERNMENT GAZETTE, 1ST JULY, 1865.
897
Court; and no Warrant of Commitment shall be held void by reason of any spreme pect therein, provided it be therein alleged that the Party has been convicted, and
ere be a valid Conviction to sustain the same.
this Ordinance.
Notice of Action.
&c.
General Issue.
32. All Actions and Prosecutions to be commenced against any Person for any Proceedings against thing done in pursuance of this Ordinance shall be commenced within Six Months after Persons acting under 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 Com- encement of the Action; and in any such Action the Defendant may plead the Gen- l Issue, and give this Ordinance and the special Matter in Evidence, at any Trial to had thereupon; and no Plaintiff shall recover in any such Action if Tender of suf- Tender of Amends, frient Amends shall have been made before such Action brought, or if a sufficient Sum 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 come Nonsuit, or discontinue any such Action after Issue joined, or if, upon Demurrer r 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 sucli Action, such Plaintiff shall not have Costs against the Defend- t unless the Judge before whom the Trial shall be shall certify his Approbation of the Action.
Degree, and Accesso-
33. 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 cipal in the Second same Manner as the Principal in the First Degree is by this Ordinance punishable; and ries. every Accessory after the Fact to any Felony punishable under this Ordinance shall be Table to be imprisoned for any Terin not exceeding Two Years, with or without Hard Labour.
What shall be sufl-
viction for a previous
When the previous Conviction is to be proved on the Triul.
34. Where any Person shall have been convicted of any Offence against this Ordinance, or any former Enactment in Force in this Colony relating to the Coin, and cient Evidence of Con- shall afterwards be indicted for any Offence against this Ordinance committed sub- Offence. sequent to snch Conviction, it shall be sufficient in any such Indictment or Information, after charging such subsequent Offence, to state the Substance and Effect only (omitting the formal Part) of the Indictment and Conviction for the previous Offence, and a Cer- tificate containing the Substance and Effect only (omitting the formal Part) of the Indictment or Information and Conviction for the previous Offence, purporting to be signed by the Registrar or Deputy Registrar of the Supreme Court, shall, upon Proof of the Identity of the Person of the Offender, be sufficient Evidence of the previous Conviction, and the Proceedings upon any Inflictment or Information for committing any Offence after a previous Conviction or Convictious shall be as follows: (that is to say) The Offender shall, in the first Instance, be arraigned upon so much only of the Indictment or 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 he 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 Indict- ment or 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 Ques- tion, the Jury shall then be charged to inquire concerning 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 Purposes be deemed to extend to such last mentioned Inquiry; Provided that if upon the Trial of any Person for any such sub- sequent Offence such Person shall give Evidence of his good Character, it shall be law- fal for the Attorney-General, in answer thereto, to give Evidence 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 subsequent Offence.
35. Whenever any Person shall be convicted of any Indictable Misdemeanor pu- nishable under this Ordinance the Court may, if it shall think fit, in addition to or in lieu of any of the Punishments by this Ordinance authorized, fine the Offender, and require 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- able under this Ordinance, the Court may, if it shall think fit, require the Offender to cuter into his own Recognizances, and to find Sureties, both or either, for keeping the
Fine and Suretics for keeping the leave;
in what Cases.