7° VICTORIE.- No 10 OF 1844. 25
Way, and shall be levied and distributed in the Manner by this
Ordinance provided for other Penalties.
IX. And be it further enacted, That in all Cases wherein any andPower to Appeal,
Manner thereof.
Person shall be convicted in any Penalty exceeding Fifty Dollars, or
shall be sentenced to undergo any Imprisonment exceeding One
Month, by any Summary Judgment or Conviction of any Justice or
Justices, under or by Virtue of any Statute or Ordinance, (and no
other Mode of Proceeding shall have been or shall be in that behalf
provided, ) that it shall be lawful for such Person to Appeal against
such Judgment or Conviction in the Manner hereinafter provided ;
that is to say, if such Person (in case a Pecuniary Penalty shall have
been awarded) shall pay into the Hands of the convicting Justice, or
one of the convicting Justices, Double the full Amount of such
Penalty, together with the assessed Costs and Charges, within One
Week next after such Conviction, or within such time, greater
or less, as the Convicting Justice or Justices shall determine,
or (in case no Pecuniary Penalty shall have been awarded) shall
forthwith enter into a Bond to Her Majesty, Her Heirs, and Successors,
in such reasonable Amount as the convicting Justice or Justices may
require, with Two sufficient Sureties, to be approved by such con-
victing Justice or Justices, conditioned to prosecute such Appeal with
Effect, and to abide the Event of the same Appeal, and to pay the
full Amount of all such Penalties and Costs as shall or may on such
Appeal be awarded against the appealing Party, then it shall
be lawful for such Person to Appeal from such Judgment or
Conviction to such General Sessions of Magistrates as may hereafter
be directed to be held from Time to Time in Hongkong, unless such
Sessions shall be held within Six Days next ensuing, and in that
Case to the General Sessions next but one afterwards : And the
Justices at such Sessions so assembled shall hear, and thereupon Justices to decide
finally determine the matter of every such Appeal in a Summary the matter de novo.
Way, and their Judgment thereon shall be final and conclusive to all
Intents and Purposes, (unless any Writ of Certiorari or Error shall
afterwards be allowed ; ) and such Justices at such Sessions so as-
sembled are, upon such Appeal, hereby authorized to decide upon the
matter de novo, and to award in a Summary Manner such greater or
lesser Imprisonment or Penalty than that appealed against, and such
Costs to be paid by either Party, or to make such other Orders therein
as shall appear just and expedient, and the Circumstances may
require.
X. And be it enacted, That the Person or Persons to whom such Depositions to be re-
turned with Certiorari.
Writ of Certiorari shall or may be directed shall, and he and they
are hereby directed, to return to the Supreme Court of Judicature
aforesaid, with the Conviction by such Writ ordered to be returned,
the Depositions and Examinations hereby ordered to be taken by
such convicting Justice or Justices ; and upon the hearing of such
Case it shall and may be lawful for the said Court to inspect and
examine such Depositions and Examinations, and to make such Order
thereon as the substantial Merits of the Case may require.
XI. And be it enacted, If the Justice or Justices, upon the hearing Party acquitted, or
of any Complaint in a Summary Manner, shall deem the Offence not convicted and Punish-
suffered the having
to have been proved, or to be of so trifling a Nature as not to merit ment awarded, to be
released
G any