ORDINANCE No. 8 of 1844.
Distillation of Spirits.
the Peace shall direct, and the said still, or vessel, and all spirits, and other materials being prepared for distillation, shall be absolutely forfeited, and the proprietor, or owner, or occupier of any house, or place, where any such private and concealed still, utensil, or vessel, shall be so found, and seized, or the person or persons in whose custody, the same shall be found, shall be liable to, and pay the penalty, or sum of, not exceeding five hundred dollars, exclusive of, and in addition to any other penalty, he may be liable to, and if any person shall obstruct, oppose, molest, or hinder such Justice of the Peace, Officer of Customs, or other person aforesaid, in the due searching for, and seizing any such private, and concealed still, or other utensil, or other vessel, spirits, and other materials for distillation, or in detaining, keeping, or removing the same, or any of them after seizure, then, and in every such case, every person so offending, shall forfeit a sum, not exceeding five hundred dollars.
5. And be it further enacted and ordained, that in case any such Justice of the Peace, Officer of Customs, or other person as aforesaid, after having demanded admittance into the house, or place where such private and concealed still, utensil, or vessel for the distillation of spirits, is reasonably suspected to be kept and used, shall not be immediately, and without the least delay admitted into such house, or place, it shall, and may be lawful for such Justice of the Peace, Officer of Customs, or other person as aforesaid, being accompanied by a peace officer, by force to break into, and enter such house, or place, and make search therein, and every person found in such house, or place, after admittance demanded and refused, shall for every such offence forfeit, and pay a penalty, not exceeding five hundred dollars.
6. And be it further enacted and ordained, that all fines, penalties, and forfeitures imposed, and accruing under this Ordinance, shall be sued for, and recovered in such Supreme Court of Judicature as shall hereafter be erected in Hongkong, or by summary proceedings to be had before the Chief Magistrate of Police, or before any two Justices of the said Colony of Hongkong.
7. And be it further enacted, and ordained that all fines, penalties, and forfeitures, which shall be levied, and enforced under this Ordinance, shall, after deducting the charges of prosecution, from the proceeds thereof, be divided, paid, and applied as follows; that is to say, the moiety, or one half of the net proceeds thereof, shall be paid to the said Chief Magistrate, for the use of Her Majesty, Her Heirs, and Successors, to be applied to the public uses of the said Colony, and the other moiety, or half part thereof shall be paid, and distributed to, and among such person or persons, who shall have assisted in the seizure of, or have given information, or evidence leading to the conviction of the offender or offenders, in such portions, as the said Court, Chief Magistrate, or Justices adjudicating upon the matter, shall in their discretion think proper, and any overplus of such last mentioned moiety, or half part shall be paid to the said Chief Magistrate for the purposes aforesaid. [Repealed by Ordinance No. 9 of 1864 and words substituted.]
[Repealed by Ordinance No. 21 of 1886.]
19
Such still absolutely forfeited proprietor or owner of house or person in whose custody still &c. is found liable to penalty of five hundred dollars.
Obstructing Justice or other officer.
Penalty.
Justice or officer empowered to enter such house or place.
And after demand and not admitted to break therein.
Penalty for refusal.
Recovery of penalties.
Fines &c. to be paid one half to the Queen and one half to the witnesses &c.
A