Majesty, Her Heirs, and Successors, in such reasonable amount as the convicting Justice of Justices may require, with two sufficient sureties, to be approved by such convicting 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 Judg ment 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 Justices to de- one afterwards. And the Justices at such Sessions so as- eide the matter de
sembled shall hear, and thereupon finally determine, the matter of every such appeal in a summary way, and their judgment thereon shall be final and conclusive to all intents and purposes, (unless any writ of certiorari or error shall after- wards 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.
noro.
tiorari.
Depositions to be X. And be it enacted, That the person or persons to whom returned with cer- such 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 coviction 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.
from all further
same cause.
a
Party acquitted, XI. And be it enacted, If the Justice or Justices, upon the or convicted and having suffered the hearing of any complaint in a summary manner, shall deem punishment award- the offence not to have been proved, or to be of so trifling ed, to be released nature as not to merit any punishment, and shall accordingly proceedings for the dismiss such complaint, he or they shall forthwith make out a certificate under his or their hands, stating the fact of such dismissal, and shall deliver the certificate to the party against. whom such complaint was preferred, and the party who shall have obtained such certificate, or having been convicted of any offence shall have paid the whole amount adjudged to have been paid under such conviction, or shall have suffered such other punishment as may have been awarded therein, shall be released from all further proceedings, civil or criminal, for the
same cause.
XII
Form of Convic- Defects of
form not to vitiate any proceeding.
XII. And be it enacted, That in all cases, except where a particular form of judgment or conviction shall have been ortion. shall be by any such Ordinance directed to be used in that behalf, a judgment or conviction in the form, or to the effect of the form, (as the case shall happen to be,) prescribed by the Schedule to this Ordinance annexed, shall be good, valid, and effectual, to all intents and purposes whatsoever, without setting forth or stating in such conviction the name of any informer or witness, or the particular place where the offence was com- mitted, or whether the defendant appeared, or was or was not summoned to appear, and without setting forth or stating the evidence or facts in any further or more particular manner than shall be necessary to shew that the offence was one against the true intent and meaning of the Law, and no con- viction, warrant of committal or distress, or other proceeding whatsoever, (whether under this or any other Ordinance, and whether a particular form shall have been or shall be in that behalf directed or not,) shall be quashed in any case, for any mere error or mistake in any name, or date, or title, or in any matter of description only, and where any distress shall be made for levying any money, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto, nor shall the party distraining be deemed a trespasser ab initio, on account of any irregularity afterwards committed by him, but the person aggrieved by such irregu- larity may recover satisfaction for the special damage, if any, by an action on the case, and in all cases whatsoever, regard shall be had alone to the substantial merits and justice of the
case,
XIII. And for the protection of Justices, and others acting under their authority, be it enacted, That all actions and pro- secutions to be commenced against any Justice, or person acting under his authority, shall be commenced within six months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant, one month at least before the commence- ment of the action; and in any such action, the defendant may plead the general issue, and give any Statute or Ordinance, and the special matter in evidence, at any trial to be had there- upon; and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court, after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the Plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the Plaintiff, the defendant shall recover his
Protection
of
Justices.
کی کے ہوا اور اسی می باشد
12
No comments yet.
Private notes are available after approval.