976
THE HONGKONG GOVERNMENT GAZETTE, 16т DECEMBER, 1882.
Tender of amends.
Recovery of tolls, &c.
By distress.
Application of penalties.
Distress not unlawful for want of form.
Tolls. &c. to be sued for within six months.
Power to
summon witnesses.
Miscellaneous.
132. If any party shall have committed any irregu- larity, trespass, or other wrongful proceeding in the execu- tion of this Ordinance, or by virtue of any power, or authority hereby given, and if, before action or suit brought in respect thereof, such party make tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action or suit, and, if no such tender shall have been made, it shall be lawful for the defendant, by leave of the Court where such action or suit shall be pending, at any time, before answer filed, to pay into Court such sum of money as he shall think fit, and thereupon such proceed- ings shall be had as in other cases where defendants are allowed to pay money into Court.
133. Every toll penalty or forfeiture imposed by this Ordinance or by any bye-law made in pursuance hereof, the recovery of which is not otherwise provided for, may be recovered by Summary proceeding before a Magistrate, and on complaint being made to a Magistrate he shall issue a summous requiring the party complained against to ap- pear before any Magistrate at a time and place to be named in such summons, and every such summons shall be served on the party offending either in person or by leaving the same with some inmate at his usual or last known place of abode, and upon the appearance of the party complained against, or, in his absence after proof of the due service of such summons, it shall be lawful for any Magistrate to proceed to the hearing of the complaint, and that although no information in writing or in print shall have been ex- hibited before him, and, upon proof of the offence, either by the confession of the party complained against, or upon the oath of one credible witness or more, 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 con- viction as such Magistrate shall think fit.
134. 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 is 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 distranied.
135. 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.
136. 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.
137. 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 cognizable 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.
138. 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 а 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
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