still &c. is found li-
able to penalty of 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 Obstructing justice any person shall obstruct oppose molest or hinder such justice of the peace, officer of or other officer.
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.
'Penalty.
Justice or officer
empowered to enter
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 after demand and without the least delay admitted into such house, or place, it shall, and may be lawful to 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.
Penalty for refusal,
Recovery of Penalties.
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.
Fines &c. to be
7.—And be it further enacted, and ordained that all fines, penalties, and forfeitures, paid one half to the which shall be levied, and enforced under this Ordinance, shall, after deducting the Queen and one half
charges of prosecution, from the proceeds thereof, be divided, paid, and applied as follows, to the witnesses &c.
"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.
HENRY POTTINGER,
Governor, &c, &c.,
Passed the Legislative Council, this 20th day of March, 1844.
RICHARD BURGASS,
Clerk of the Legislative Council.
HONGKONG.—Published by Authority.
Printed by John CAIRNS.
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