Action against Justices.
Action against Prosecutor.
Peace.
his full costs, as between Attorney and Client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial shall be, shall certify his approbation of the action, and of the verdict obtained thereon.
XIV. And be it enacted, That no action or suit shall be brought or instituted against any Justice of the Peace, for or on account of any conviction of any person or persons what- ever, by reason of any thing done, or commanded to be done, by such Justice, in or about the levying of any penalty, appre- hending any party, or for or about the carrying of such convic- tion into full effect, except and unless the Justice by or before whom such conviction shall have been made, shall have con- victed such person of some offence, not punishable on sum- mary conviction, by virtue of any Statute, Law, or Ordinance, or unless such Justice shall have convicted such person in some penalty, either pecuniary or otherwise, not authorized to be imposed on the offence or offences of which such offender shall or may have been guilty, or unless it shall be expressly alleged in the bill of complaint, plaint, or declaration in such action, and proved on the trial of such cause, that such acts were done maliciously and without probable cause.
XV. And be it enacted, That no action or suit shall be brought against any person or persons by whom, or on whose account, any information shall have been laid or exhibited before any Justice of the Peace, and by such Justice or Jus- tices, received for or on account of such information, or for or on account of any matter or thing done under or in pursuance of such information, unless it shall be expressly alleged in the bill of complaint, plaint, or declaration of such action, and proved on the trial of such cause, that such information was laid and exhibited maliciously, and without probable cause.
Government No- XVI. And be it enacted, If any question shall arise as to tification sufficient the right of any person to exercise the office of a Justice of the proof of right to exercise office of Peace, that a Government Notification in any public News- Justice of the paper, to the effect that such person has taken the oaths as a Justice of the Peace, shall (in the absence of express proof that such Notification was unauthorized) he deemed and held suf- ficient proof of such right in all proceedings whatsoever, and it shall not be necessary to produce any commission, appoint- ment, or any oath, affidavit, or other document, in proof of such right as aforesaid.
Governor to au- thorise Fees to be
XVII. And be it enacted, That it shall be lawful for His taken by Justice. Excellency the Governor in Council, to authorize the taking of such
such fees, in any proceedings before any Justice, as may be deemed expedient; and it shall be lawful for any Justice to refuse to do any act for which any fee shall be demandable, unless such fee shall be first paid; and that if any such act shall be done, and the fee due thereon shall not be paid, it shall be lawful for any Justice of the Peace to summon the person from whom such fee shall be due, and to proceed to recover the same, in like manner as any penalty recoverable by sum- mary proceedings.
in
XVIII. And be it enacted, That in some conspicuous part Table of fees to of each of the public offices of the Justices within the said be hung up Colony, there shall be affixed a table of the fees which may Public Office. legally be taken at such offices respectively.
over fees and pe- nalties.
XIX. And be it enacted, That the Justices at each of the Justice to ac- public offices within the said Colony, and their clerks respec- count for and pay tively, shall, in books to be provided for that purpose, keep a full, true, and particular account of all fees taken and received at each of the said offices, together with all penalties and for- feitures which shall have been recovered, levied, or received in pursuance of any adjudication, conviction, or order, had or made at
any of the said offices, or any process or warrant, and shall be strictly accountable for such fees, penalties, and for- feitures, to Her Majesty, Her Heirs, and Successors, and shall pay over the same to the Colonial Treasurer, from time to time, as they may be required.
Distribution of
XX. And be it further enacted, That in all cases where, by any Ordinance, a pecuniary penalty is or shall be imposed, the Penalties. amount of every such penalty, within the limits prescribed, shall be in the discretion of the convicting Justice, and that every penalty awarded by such Justice, and declared to be payable to Her Majesty, Her Heirs, and Successors, shall (except it shall be otherwise specially provided by any Ordi- nance) be paid, one moiety thereof, and such other part thereof as shall not be adjudicated to be paid in the manner hereinafter next mentioned, to the use of Her Majesty, Her Heirs, and Successors, for the public uses of the Colony of Hongkong, and the support of the Government thereof; and the other moiety, or such part thereof as shall be adjudged by the Justice convicting, to the use of the informer, or party prosecuting or complaining, or who shall have suffered any damage from the act of the offender, and such parties shall, if the convicting Justice shall so order, but not otherwise, also be entitled to their costs and charges, over and above such penalty, to be ascertained and assessed as aforesaid.
XXI. And be it enacted, That no person shall, by reason Witnesses not of the application of any penalty to his use, or of his being competent re in-
otherwise terest.
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