Directory_and_Chronicle_1864 — Page 89

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POLICE MAGISTRATES' ORDINANCE.

for the breach or infringement of any Provision herein contained; | this Ordinance to be the Penalty shall be a Sum not exceeding Twenty-five Dollars. tried by the Marine All Offences against any of the Provisions of this Őrdinance shall | Magistrate. be cognizable by and may be heard and decided before the Marine Magistrate, who is hereby empowered in all cases to order payment of Costs by the Defendant; and in default of payment of the Penalty and Costs awarded, may levy the same by distress und sale of the Offender's Goods, or may forthwith commit such Offender to Gaol for any term not exceeding three Months. All Orders, Judgments, and Decisions of the Marine Magistrate shall be subject to the right of Appeal given by Ordinance No. 4

of 1858.

XXX. Whenever the Marine Magistrate shall be incapaci Provision for adju- tated by absence, illness, or otherwise from the performance of dication in absence of his duties, it shall be lawful for the Acting Marine Magistrate, Marine Magistrate. or any Stipendiary Magistrate, or any two Justices of the Peace of the Colony to ad- judicate upon

all cases and enforce all Penalties under this Ordinance. XXXI. Wherever the Word "Master" is used in this Or- dinance, it shall be deemed to include any Person having charge Clause. of a Ship or Vessel or any other Craft.

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Interpretation

AN ORDINANCE TO ABOLISH THE OFFICES OF CHIEF MAGISTRATE AND ASSISTANT MAGISTRATE, AND TO APPOINT AND DEFINE THE DUTIES OF TWO POLICE MAGISTRATES.

No. 6 of 1862.

[22nd March, 1862.]

Whereas it is advisable that the Offices of Chief Magistrate | Preamble. and Assistant Magistrate should be abolished, and that Two Police Magistrates should be appointed in their stead with such Jurisdiction and Powers as are hereinafter ex- pressed-Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:--

I. The Offices of Chief Magistrate and Assistant Magistrate care hereby abolished.

Offices of Chief and Assistant Magis- trate abolished. JI. Two Police Magistrates shall be appointed from time to

Two Police Magis- time, and they or either of them shall have and exercise such trates appointed. and the like powers as by any Ordinance of this Colony were prior to this Ordinance vested in the Chief Magistrate and Assistant Magistrate respectively, except so far as such powers are varied or amended or abrogated by this Ordinance; and every Police Magistrate shall by virtue of his Office be a Justice of the Peace.

III. The Ordinance No. 1 of 1849 constituting a Court of Petty Sessions is hereby repealed, except so far as the same re- peals Ordinance No. 6 of 1847.

Ordinance No. 1 of 1849 repealed, except so as it repeals No. 6 of 1847.

Crimes and Offences triable under this Or- dinance.

Proviso reserving Power to commit to

IV. Each of the said Police Magistrates shall have power to hear, try and determine in a Summary manner any Crime, Misdemeanour or Offence, the punishment for the commission of which is or may be Imprisonment, Fine, and Whipping, or

·any ́or either of such punishments: Provided always that in case it shall

appear to the Police Magistrate at the hearing that any such Offence ought to be visited with a heavier Punishment than this Ordinance authorizes, it shall be lawful for him to commit the Offender or Offenders for trial in the Supreme Court.

.

Supreme Court.