Directory_and_Chronicle_1864 — Page 91

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COURT OF SUMMARY JURISDICTION.

to summon the Person bound by the said Recognizance or Bond before him, and on satisfactory Proof of Forfeiture or Breach of Condition, to order the said Recognizance or Bond to be escheated and to authorize a Constable of this Colony to levy the Amount or Penalty of the said Recognizance or Bond upon the Goods, Chattels, Lands, and Tenements of the Defaulter, and in case there shall be no sufficient Goods, Chattels, Lands or Tenements to satisfy the Amount of the Distress Warrant, the De- faulter shall be liable to Imprisonment for any Term not exceeding 'Three Months.

XII. Section 41 of Ordinance No. 14 of 1845 is hereby Imprisonment for repealed, and in every case of the adjudication of a Pecuniary non-payment of Fines. Penalty or Amelds under the same Ordinance and non-payment thereof, it shall be lawful for the Magistrate to cause the Offender to be imprisoned for any Term not exceeding Three Calendar Months, such Imprisonment to cease on Payment of the Sum remaining unpaid.

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XIII. The Marine Magistrate shall have the power of a Police Magistrate to hear and decide all Cases of Assault, and Assault and Battery unaccompanied by an intent to commit Felony, and Two Justices of the Peace of this Colony sitting to- gether shall have power to do any act or acts that a Police Ma- gistrate is by this Ordinance authorized and empowered to do.

Maring Mugistrate or Two Justices of the Peace to have power of One Police Ma- gistrate.

XIV. This Ordinance shall not come into operation until | Suspending Clause. Proclamation be made to that effect by command of His Excellency the Governor, and published in the Hongkong Government Gazette.

AN ORDINANCE TO ESTABLISH A COURT OF SUMMARY JURISDICTION, AND TO AUTHORIZE THE

APPOINTMENT OF A JUDGE THEREOF.

No. 7 of 1862.

[22nd March, 1862.]

Preamble.

Whereas the Business of the Supreme Court of Hongkong | has of late greatly increased, and it is necessary to relieve the Chief Justice from some of his Judicial Duties, and otherwise to afford to him aid in the Administration of Justice: And whereas the Business of the Police Court has also greatly increased, and it is desirable to relieve such Courts of all Proceedings of a Civil nature: And whereas for the Purposes aforesaid, it is desirable to appoint a Judge to be called the Judge of the Court of Summary Jurisdiction: Be it therefore enacted by His Excel- lency the Governor of Hongkong, with the Advice of the Legislative Council thereof as follows:-

I. Ordinance No. 9 of 1845, No. 3 of 1849, No. 5 of 1854,' and No. 10 of 1857 are hereby repealed.

II. A Court, for the Trial and Decision of Causes in a Sum- mary Manner by the Judge thereof, shall be and is hereby con- stituted, which Court shall be called the Court of Summary Jurisdiction, and the said Court shall be a Court of Record.

III: The Jurisdiction of the Supreme Court in its Summary Jurisdiction shall cease and determine, and the same is hereby transferred to the said Court of Summary Jurisdiction hereby constituted.

ed,

Ordinances repeal-

Court of Summary Jurisdiction tuted.

consti-

Summary Jurisdie- tion of Supreme Court transferred.

Oivil Jurisdiction

of Magistrates trans- ferred.

IV. The Jurisdiction of the Chief Magistrate and Assistant Magistrate, or of any Police Magistrate and of Justices of the Peace, of a Civil Nature, shall cease and determine, and the same is hereby transferred to the said Court of Summary Jurisdiction hereby constituted.