CO129-016 - Sir John Davis - 1846 [1-6] — Page 17

6.

Expenses of re-

tions, &c.

further examination, or to surrender himself to take his Trial at the Supreme Court, at a day and place to be therein men- tioned, and the Magistrate shall be at liberty from time to time to enlarge every such recognizance to such further time as he shall appoint, and every such recognizance which shall not be enlarged shall be discharged without fee or reward, when the party shall have appeared according to the condition thereof: Provided always that when any Magistrate shall take the recognizance of any person to appear at the Supreme Court, the Magistrate shall be bound to return the Depositions taken in the case, and to bind over the witnesses to appear and give evidence in like manner as if he had committed the party to take his Trial at such Court.

XXXVII. And be it further enacted and ordained, That it moving obstruc- shall be lawful for the Superintendent or other Officer of Police to require any person whose duty it shall be to remove any filth or obstruction, or to do any other matter or thing required to be done by this Ordinance, so to do within a certain time to be then fixed by the said Superintendent or other Officer, and that in default of such requisition being complied with, the said Superintendent or other Officer shall and may cause to be removed such filth or obstruction, or do or cause to be done such other matter or thing as aforesaid; and it shall be lawful for the Magistrate before whom the offender shall have been convicted to order and adjudge such offender, in addition to the penalties hereinbefore imposed, to pay such sum of money for defraying the expenses of such removal, or of doing such other matter or thing as to such Magistrate shall seem just and reasonable, and the sum so ordered and adjudged shall be recoverable in the manner hereinafter provided for the recovery of penalties imposed by this Ordinance.

Compensation for Hurt or Damage.

Not to prevent

XXXVIII. And be it further enacted and ordained, That every person who, by committing any offence herein forbidden within the said Colony, shall have caused any hurt or damage to any person or property, may be apprehended with or without any Warrant by any Constable belonging to the Police Force, and if he shall not upon demand, make amends for such hurt or damage to the satisfaction of the person aggrieved, he shall be detained by such Constable in order to be taken before a Magistrate, and upon conviction shall such a sum, not exceeding Ten Pounds, as shall appear to the Magistrate before

pay whom he shall be convicted to be reasonable amends to the person aggrieved, besides any penalty to which he for the offence, and the evidence of the person aggrieved shall may be liable be admissible in proof of the offence.

XXXIX. Provided always and be it further enacted and Indictment or Ac ordained, That nothing herein contained shall be construed

tion.

to prevent any person from being indicted or being proceeded against by indictment or information for any indictable offence made punishable on summary conviction by this Ordinance, or to prevent any person from being liable to be proceeded against by action for any hurt or damage caused by him, pro- vided nevertheless that no person be punished twice for the same offence, and provided no compensation shall have been awarded for such hurt or damage.

nalties,

XL. And be it further enacted and ordained, That the pe- Recovery of Pe- nalties imposed by this Ordinance shall be recovered in a summary manner under and according to the provisions of an Ordinance made and passed on the 10th day of April in the year of our Lord 1844, and numbered 10, entitled, " An Or- "dinance to regulate summary proceedings before Justices of "the Peace, and to protect Justices in the execution of their "Office."

Penalties.

XLI. And be it further enacted and ordained, That in every Imprisonment on case of the adjudication of a pecuniary penalty or amends Non-payment of under this Ordinance, and nonpayment thereof, it shall be lawful for the Magistrate to imprison the offender for a term not more than Seven days where the penalty imposed shall not exceed Five Pounds, and not more than Fourteen Days where the penalty imposed shall not exceed Ten Pounds, the imprisonment to cease on payment of the sum due.

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XLII. And be it further enacted and ordained, That in the Meaning of the construction of this Ordinance, the word "Magistrate" shall word Magistrate. be taken to mean and include every Assistant Magistrate, and also every Justice of the Peace acting in and for any district or place within the colony of Hongkong.

General inter-

XLIII. And be it further enacted and ordained, That in the construction of this Ordinance, unless there be something pretation clause, in the context repugnant thereto, any word denoting the Singular Number and Male Sex shall be taken to extend to any number of Persons or Things and to Both Sexes.

JOHN FRANCIS DAVIS Governor, &c., &c.

Passed the Legislative Council of Hongkong,

this 26th day of December, 1845.

ADOLPHUS E. SHELLEY, Clerk of Councils.

to

HONGKONG

PRINTED BY AUTHORITY, AT the OFF"

Adolphus Shillen

Clisk of formeite