654835-1890-Bill-The-Magistrates-Ordinance — Page 8

THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

it shall be sufficient to describe them in manner aforesaid; and whenever in any such complaint or information or the proceedings thereon it shall be necessary to describe the ownership of any public work or building maintained or repaired at the public expense or any materials or tools pro- vided for the repair of public highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, fences or other things erected or provided for such highways, roads, build- ings, gates, bridges, lamps, boards, stones and posts, or of any reservoirs, conduits, sewers drains or other public works or property of whatsoever description it shall be sufficient to describe such property as the property of the Crown,

20. In all cases of complaints upon which a Magistrate may make an order for payment of money, or otherwise it shall not be necessary that such complaint shall be in writing unless it shall be required so to be by some par- ticular Ordinance or Statute upon which such complaint shall be framed.

21. In all cases of offences other than indictable offences where no time is by any Ordinance or Statute or shall hereafter by any future Ordinance or Statute be limited for making any complaint or laying any information in respect of such offences, such complaint shall be made or such information laid within six months from the time when the matter of such complaint or information re- spectively arose.

22. No objection shall be taken or allowed to any com- plaint, information or summons for any alleged defect therein in substance or in form, or for any variance be- tween such complaint, information or summons, and the evi- dence adduced in support thereof; but if any such variance shall appear to the Magistrate to be such that the party so summoned and appearing has been thereby deceived or misled it shall be lawful for such Magistrate upon such terms as he shall think fit to adjourn the hearing of the case to some future day.

23. In all cases of conviction where no particular form of such conviction is or shall be given by the Ordinance or Statute creating the offence or regulating the prosecu tion for the same, and in all cases of conviction upon past Ordinances or Statutes whether any particular form of con- viction have been therein given or not, it shall be lawful for the Magistrate who shall so convict to draw up his conviction in such one of the forms of convictions in the 2nd Schedule hereto as shall be applicable to such case or to the like effect (xiv. to xxi.); and where an order shall be made, and no particular form of order is or shall be given by the Ordinance or Statute giving authority to make such order, and in all cases of orders to be made under the authority of any past Ordinances or Statutes, whether any particular form of order shall therein be given or not, it shall be lawful for the Magistrate by whom such order is to be made to draw up the same in such one of the forms of orders in the 2nd Schedule hereto as may be applicable to such case, or to the like effect (XXII. to XXXII.).

24. In a proceeding before a Magistrate without pre- judice to any other mode of proof, service on a person of any summons, notice, process, or document required or authorised to be served, and the handwriting and seal of a Magistrate or other officer or person on any warrant, summons, notice, process, or document, may be proved by a solemn declaration (XXXVI., XXXVII.) taken before a Justice of the Peace and any declaration purporting to be so taken 'shall, until the contrary is shown, be sufficient proof of the statements contained therein, and shall be received in evidence in any Court or legal proceeding, without proof of the signature or of the official character of the person or persons taking or signing the same; and the fee for taking such declaration shall be twenty-five cents, and such fee shall be costs in the matter or proceeding to which it relates.

If any declaration made under this section is untrue in any material particular, the person wilfully making such false declaration shall be guilty of wilful and corrupt perjury.

25. Every warrant to apprehend a defendant that he may answer to any such complaint or information as afore- said, shall be under the hand and seal of the Magistrate issuing the same, and may be directed either to any con- stable or peace officer by name or generally to all the con- stables within the Colony and it shall state shortly the

Complaints

for an order to pay money need not be in writing. (11 & 12 V. c. 43, s. 8.)

Limit of time for such complaints or informations. (11 & 12 V.

c. 43, 8. 11. No. 10 of 1844, s. 23.)

No objection allowed for want of form. (11 & 12 V.

c. 43, s. 1.)

Form of convictions and ciders (11 & 12 V. a. 43, s. 17.)

Proof by declaration

of

of service

process, and of handwrit- ing, &c.

(42 & 43 V. c. 49, s. 41.)

Form of warrant. (11 & 12 V. c. 43, s. 3.)

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