Justice to return convictions to Ge- neral Quarter Ses- sions.
Certiorari to be
on certain condi-
tions.
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 provisions of this section (whether so apprehended or not) shall, on convic- tion 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 what- soever, be detained for a longer period than twelve hours, and if he cannot, on account of the absence or distance of the resi- dence 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.
VI. And be it enacted, That every Justice of the Peace, before whom any person shall be convicted in a summary manner, shall transmit such conviction, with the depositions and examinations hereinbefore directed to 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.
VII. And whereas doubts may arise as to the application of allowed in all cases divers acts and statutes of the Imperial Parliament of Great Britain, whereby the removal of convictions, orders, and other proceedings, had or made by or before Justices of the Peace is denied and taken away: Be it enacted, that such acts and sta- tutes aforesaid, as far as they relate to the non-removal of such convictions, orders, and other proceedings, shall be deemed and taken not to extend to this Colony or its dependencies, nor to be in force within the same: Provided always, and be it enacted, that no writ of certiorari shall be granted or allow- ed, 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 Jus- tices, 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 to the pecu- niary penalty, (if any shall have been inflicted,) with condition to prosecute such certiorari at his or their own charges with effect without any delay, and to pay the party or parties in whose favour or for whose benefit such judgment or order was made, within one week after such judgment or order shall be confirmed, their full costs and charges, as between attorney
and
and client; and in case the party or parties prosecuting such certiorari shall not forthwith enter into such recognizance, or shall not perform the conditions aforesaid, it shall be lawful for the said Justice or Justices to proceed and make such further order for the benefit of the party or parties for whom such judgment shall be given, in such manner as if no cer- tiorari had been granted, nor shall any writ of certiorari be granted, issued forth, or allowed, unless it shall be moved and applied for on special grounds, within one month next after such conviction, judgment, order, or other proceeding shall be bad or made, nor unless it shall be duly proved that the party or parties suing forth the same hath or have given four days' notice thereof in writing to the convicting Justice, or Justices, or any of them, containing the ground of his or their objections, to the end that such Justice or Justices may shew cause, if he or they shall so think fit, against the issuing or granting of such certiorari; and upon the return of such certiorari, no objections shall be taken by the party suing forth the same, other than such as shall be stated in the said notice.
Witnesses
VIII. And be it further enacted, That if any person shall be summoned to appear as a witness, to give evidence appearing. before any such Justice or Justices, touching any of the matters aforesaid, and shall neglect to appear at the time and place for that purpose appointed, without a reasonable excuse for such neglect, every such person shall for every such offence forfeit and pay a penalty of not more than One Hundred Dollars, which said penalty shall and may be re- covered by proceeding before any one Justice of the Peace, who is hereby authorized to hear and determine such offence in a summary way, and shall be levied and distributed in the manner by this Ordinance provided for other penalties.
of
not
Power to appeal,
IX. And be it further enacted, That in all cases wherein any person shall be convicted in any penalty exceeding Fifty and manner there- Dollars, or shall be sentenced to undergo any Imprisonment exceeding One Month, by any summary judgment or con- viction 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,
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