236
the same cause.
24 & 25 Vict. c. 97 s. 67,
Protection of person acting under the Ordinance. Ib. s. 71.
Punishment of hard labour. Ib. s. 74.
No. 6.] THE ORDINANCES OF HONGKONG : [A.D. 1865.
the imprisonment awarded for non-payment thereof or the imprisonment awarded in the first instance, or has been 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.-(1.) All actions and prosecutions 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.
(2.) 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.
(3.) 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.
(4.) No plaintiff shall recover in any such action if tender of sufficient amends has been made before such action brought, or if a sufficient sum of money has been paid into Court after such action brought, by or on behalf of the defendant.
(5.) If a verdict passes for the defendant, or the plaintiff becomes nonsuit or discontinues any such action after issue joined, or if, on demurrer or otherwise, judgment is given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and have the like remedy for the same as any defendant has by law in other cases; and though a verdict is given for the plaintiff in any such action, the plaintiff shall not have costs against the defendant, unless the Judge before whom the trial is had certifies 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 be imprisoned or to be imprisoned and kept to hard labour, and such sentence shall be carried out in accordance with the provisions of any Ordinance for the time being in force relating to prisons.
No. 4 of 1899.
Punishment of solitary confinement. Ib. s. 75.
Fine and sureties for keeping the peace. Ib. s. 73.
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 confinement 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.
61.-(1.) Whenever any person is convicted of any indictable misdemeanor punishable under this Ordinance, the Court may, if it thinks fit, in addition to or in lieu of any of the punishments authorized