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ORDINANCE No. 10 OF 1844. 25
Justices ofthe Peace - Summary Jurisdiction.
require security , for the due appearance of such person , and to
commit him for want thereof, or shall make such order therein as
the case may require. And any person offending against the pro
visions of this section ( whether so apprehended or not , ) shall, on
conviction thereof, in a summary way, before any Justice of the Peace ,
forfeit and pay such sum of money, not exceeding fifty dollars , as to
the convicting Justice shall seem meet in addition to any other penalty
he may have incurred . Provided always, that no person so apprehended ,
shall on any pretence whatsoever, be detained for a longer period than
twelve hours , and if he cannot on account of the absence , or distance of
the residence of any such Justice of the Peace, be brought before a Justice
of the Peace , within the time aforesaid , then the person so apprehended
shall be discharged , but may nevertheless be proceeded against for his
offence, by summons or warrant, as if no such apprehension had taken
place.
6. And be it enacted , that every Justice of the Peace, before whom Justice to
return con
any person shall be convicted in a summary manner, shall transmit such victions to
general
conviction, with the depositions and examinations hereinbefore directed to quarter
sessions.
be taken , to the next Court of general sessions of Magistrates which shall
be holden in the said Colony of Hongkong, there to be kept by the
proper officer, among the records of the said Court.
7. And whereas doubts may arise as to the application of divers acts Certiorari to
be allowed in
and statutes of the Imperial Parliament of Great Britain, whereby the all cases on
certain con
removal of convictions , orders , and other proceedings , had or made by or ditions.
[See Ord. No.
before Justices of the Peace, is denied and taken away . Be it enacted , 4 of1865 8.66;
Ord. No. 7of
that such acts and statutes aforesaid, as far as they relate to the non 1865 s. 98;
Ord. No. 8 of
removal of such convictions, orders, and other proceedings , shall be 1865 &. 62;
Ord. No. 10
deemed and taken not to extend to this Colony, or its dependencies , nor of 1865 x. 31. ]
to be in force within the same. Provided always , and be it enacted , that
no writ of certiorari shall be granted , or allowed , to remove any conviction ,
judgment, or other proceeding, had or made by any Court of general
sessions of Magistrates, or before any Justice or Justices of the Peace in
a summary manner, unless the party or parties prosecuting such certiorari,
before the allowance thereof, shall enter into a recognizance, with sufficient
sureties , before the convicting Justice or Justices , as the case may be , or
before any Judge of such Supreme Court of Judicature as may hereafter
be erected at Hongkong , in the sum of two hundred dollars, in addition