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THE HONGKONG GOVERNMENT GAZETTE, 16TH JUNE, 1883.
By distress.
Application of penalties.
Distress not unlawful for
want of form.
Tolls, &c. to be sued for within six gonths.
gower to Sumon
wirnesses.
Form of conviction.
Proceedings not to be yuashed
for want of
Jurni
Ajipeal.
False witnesses.
Company to be responsible for all damage.
hibited before him, and upon proof of the offence, it shall be lawful for such Magistrate to convict the offender, and upon such conviction to adjudge the offender to pay the penalty or forfeiture incurred as well as such costs attending the conviction as such Magistrate shall think fit.
130. If forthwith upon any such adjudication as aforesaid, the amount of the toll, penalty, forfeiture, and of such costs as aforesaid be not paid, the amount thereof shall be levied by distress, and any Magistrate shall issue his warrant of distress accordingly. The said amount shall be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the overplus arising from the sale of such goods and chattels, after satisfying the amount due, and the expenses of the distress and sale, shall be returned on demand to the party whose goods shall have been distrained.
131. The Magistrate by whom any such penalty or forfeiture shall be imposed may, where the application thereof is not otherwise provided for, award one moiety thereof to the use of Her Majesty, her heirs and successors for the public uses of the Colony and the support of the Government thereof, and the other moiety to the informer or party prosecuting or complaining.
132. No distress levied by virtue of this Ordinance shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of dis- tress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action or suit upon the case.
133. No person shall be liable to the payment of any toll penalty or forfeiture imposed by virtue of this Ordi- nance for any offence made cognisable before a Magistrate unless the complaint respecting such offence shall have been made before such Magistrate within six months next after the commission of such offence.
134. It shall be lawful for any Magistrate to summon any person to appear before him or any other Magistrate as a witness in any matter in which a Magistrate shall have jurisdiction under the provisions of this Ordinance, at a time and place mentioned in such summons, and to administer to him an oath to testify the truth in such matter, and if any person so summoned shall without rea- sonable excuse refuse or neglect to appear at the time and place appointed for that purpose having been paid or tendered a reasonable sum for his expenses, or if any person appearing shall refuse to be examined upon oath or to give evidence before such Magistrate, every such person shall forfeit a sum not exceeding fifty dollars for every such offence.
135. The Magistrate before, whom any person, shall be convicted of any offence against this Ordinance may cause the conviction to be drawn up according to the form in Schedule F. to this Ordinance.
136. No proceeding before a Magistrate in pursuance of this Ordinance shall be quashed or vacated for want of form or removed by certiorari or otherwise into the Court.
137. If any party shall feel aggrieved by any deter- mination or adjudication of any Magistrate with respect to any penalty or forfeiture under the provisions of this Ordi- nance, such party may appeal under the provisions of and in manner provided by Ordinance No. 4 of 1858, intituled An Ordinance for Summary Jurisdictions and Appeals to the Supreme Court.
138. Any person who, upon any examination upon oath under this Ordinance, shall wilfully and corruptly give false evidence shall be liable to the penalties of wilful and corrupt perjury.
139. The Company shall be answerable for all acci- dents, damages, and injuries happening through their act or default, or through the act or default of any person in their employment, by reason or in consequence of any of their works or carriages, and shall save harmless all other Com- panies or bodies, collectively and individually, and their officers and servants, from all damages and costs in respect of such accidents, damages, and injuries.
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