671737-1885-Bill-read--Spirits-Ordinance-1885- — Page 9

986 THE HONGKONG GOVERNMENT GAZETTE, 14TH NOVEMBER, 1885.

Recovery of penalties.

Recovery from Farmer.

(58. 0.77.)

Awards to

informers.

(11 of 44. 32,)

Regard to be had to merits only.

(SS. o. 79,)

Consideration.

(11 of 44. 33.)

Possession.

(88. 0, 80,)

Certified

EXIT.ets.

(SS. U. 82)

Evidence of Accue

Indemnity of wjinuss,

Frivolous of malicious prosecution.

(88. 0. 3)

Powers of Governor.

(98. Q. 15.)

Limit of

actions.

(55.86.)

Notice of action.

(SS. O. 67.)

Malice must be alleged.

(SS. 0.88)

64. All penalties for offences against this Ordinanco may be recovered in a summary way before a Magistrate, but proceedings for the recovery of such penalties shall be commenced within six months after the offence was com- mitted.

65. Every fine imposed on a farmer under the provisions of this Ordinance shall be levied from the farmer and his sureties, and, if not paid at the Court when the same may be imposed, shall be recoverable by sale of any property mortgaged, pledged, or deposited with Government by such farmer and his sureties under the farmer's contract with Government.

66. One-half or a less portion of any fine levied under this Ordinance may be paid to the informer.

Evidence and Rules for Procedure.

87. Any trial before any Magistrate or proceeding on appeal in the Supreme Court under this Ordinance shall be conducted on the merits of the case only without reference to matters of form, and without reference to the manner or form of making any seizure, except in so far as the manner and form of seizure may be evidence on the merits.

68. The delivery of any spirits or intoxicating liquors shall be taken as good and sufficient evidence of money or other consideration being given for the same, failing proof to the contrary.

69. For the purposes of this Ordinance any spirits, in- toxicating liquors, still, or part thereof, or other matter or thing shall be deemed to be in possession of any person under whose custody or control by himself or another such spirituous liquors or other matters are found to be.

70. Certified extracts from the records kept by the Harbour Master under this Ordinance shall be proof of the facts set out in such certified extracts, until evidence to the contrary is produced.

71. Whenever any persons shall be charged with any breach of this Ordinance, the Magistrate may require one or more of them to give evidence as a witness or witnesses for the prosecution. Any such person who refuses to be sworn, or to answer any lawful question, shall be dealt with in the same manner as witnesses refusing to be sworn or refusing to answer may by law be dealt with,

72. Every person so required to give evidence, who shall make, in the opinion of the Magistrate, true and full discovery of all things as to which he is lawfully examined, shall be indemnified from all actions and punishments for anything done in respect of the matters touching which he has been examined. Such Magistrate shall, on being there- unto required, forthwith give him a certificate under his hand, stating that he has made a true and full discovery of all things as to which he was examined; and such certifi- cate shall be a bar to all such proceedings against him as above-mentioned.

73. If any frivolous or malicious prosecution be made by the Spirit Farmer under this Ordinance, a compensation not exceeding one hundred dollars may be awarded by the Magistrate to the party aggrieved: Provided however that the person aggrieved may always elect to proceed by action for damages.

74. The Governor may suspend or stop any prosecution or proceeding instituted or proposed to be instituted under this Ordinance; and may direct the refund of the whole or part of any fine or penalty, or the restoration of any forfei- ture, wholly or in part.

Actions.

75. All actions and prosecutions against any person which may be lawfully brought for anything done under this Ordinance shall be commenced within six months after the thing complained of shall have been done, and not otherwise.

76. Notice in writing of such action, and of the cause thereof, shall be given to the defendant at least one month before the commencement of such action, and without such notice no such action shall be brought, or being brought, the plaintiff shall be non-suited.

77. In every action so brought, it shall be expressly alleged that the defendant acted maliciously and without reasonable or probable cause, and if at the trial the plaintiff shall fail to prove such allegation, judgment shall be given for the defendant.

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