628948-1899-Ordinances-10-11-and-12-of-1899-assented-to — Page 5

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THE HONGKONG GOVT GAZETTE EXTRAORDINARY, 18TH APRIL, 1899. 617

the Governor may appoint to act as President, and such President shall be assisted by the members of the Sub- district Committee or by a quorum thercof consisting of not less than two of such members.

A District Court shall be a Court of Appeal from any Sub-district Court situated within its District.

In cases, however, which do not fall within the jurisdiction of any Sub-district Court, the District Court which possesses jurisdiction shall be a Court of first instance.

12. The decision of any such Court shall be determined Decisions of

by a majority of the votes of the members, but in case of Court.

an equality of votes the President shall have a casting vote

in addition to his original vote.

13. The President, assisted by the other members of the Jurisdiction, Court as herein before prescribed, shall sit in open Court, at such times and places as occasion may require, or the Governor may prescribe, to try breaches of any Rules made under this Ordinance and also to exercise civil and criminal jurisdiction in the cases hereinafter described if the parties thereto are natives or if the parties thereto, whether natives or not, consent in writing to their case being tried by such Court.

or

Civil.

(1.) All cases in which the debt, damage, or demand shall not exceed one hundred dollars, and the party defendant is a resident within the District or Sub- district, as the case may be, over which the Court has jurisdiction or in which the cause of action shall have arisen wholly or as to any part within such District Sub-district : and also all cases in which the title to, interest in, or right to the possession of, any land or immovable property shall be in dispute, provided the value of such land or immovable property, or of the particular share, right, or interest in dispute in such case, does not exceed one hundred dollars, and the same or any part thereof is situate in such District or Sub- district.

Criminal.

(1.) Petty assaults,--that is to say, assaults which may in the opinion of the Court be adequately punished by no higher punishment than a fine of ten dollars or imprisonment for one month with hard labour. (2.) Petty thefts,-that is to say, thefts where the pro- perty stolen does not exceed in value ten dollars, or where the theft is not preceded or accompanied by violence to the person, and which may in the opinion of the Court be adequately punished by no higher punishment than a fine of ten dollars or imprisonment for one month with hard labour. (3.) Malicious injury to property or boundaries, where

the damage does not exceed twenty dollars:

Provided, however, as follows :—

(1.) That the breach of Rule or the cause of action shall have arisen or the above offences shall have been com- mitted, wholly or in part, within the District or Sub- district as the case may be.

(2.) That it shall be lawful for the president and other members of the Court before whom any case, civil or cri- minal, shall be instituted, or by whom it shall be partially tried, to refer the parties to any civil or criminal Court having jurisdiction, if it shall appear to them that the case is one which from its circumstances may more properly be prosecuted before the higher tribunal.

(3.) That it shall be lawful for the Attorney General, in any case, to stop the hearing or further bearing of such case before a District or Sab-district Court, and to direct it to be tried by any other civil or criminal Court having jurisdiction.

by such

14. Every District and Sub-district Court shall have Punishments power to punish by fine uot exceeding ten dollars any which may person convicted before it of any offence, or of the breach be awarded of any rule, and in case of a continued breach of any Rule Courts. such Court may impose a further fine not exceeding teu dollars for each day such breach is continued after notice to the offender. Every such Court shall also have power to sentence the offender in default of payment of any fine

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