686395-1879-Bill-read-first-time-To-establish-a-Spirit-Farm-and-to-consolidate-and-amend-the-Ordinances-relating-to-Distilleries-and-to-the-sale-of-Spirituous-and-Fermented-Liquors- — Page 13

倘見有人 第六十四 第六十五欸 第六十六歎 第六十七歎 倘 第六十八欸 凡有 第六十九欸 凡船政廳

半已下賞給線工其餘 件或投按察司 者外可將罰項一半或一 此則例所審案 例所罰之項除罰承-

人 凡有巡埋府遵 欸 除立

確據並非 或保守或親

膽

有人爲犯此則例 人照上歎所言被邀 倘承-

人弄弊

獲官之什物產業除巡 權鞫斷照該案 凡有人將 人管理一切 押其中所言 此之人苟不肯發 該案追究干連因他.飭伊向被辱之

人於醉之 於醉之酒或

異

所肯

問發

者 按例

例發

巡被該例他

隻均應由 督憲督同議 形勢及證據所 酒交與別 酒鑊等物皆 據證明并非 時證人不肯發誓 他如此憑照可以撤 不滿則有權

者則待伊立 例 * 罪追究平 給憑照親手畫押交 倘被辱之人仍

值入庫撥支本港費用

THE HONGKONG GOVERNMENT GAZETTE, 11TH JUNE, 1879.

LXII. One-half or a less portion of any fine levied under

this Ordinance may be paid to the informer, and the re- mainder shall be paid to the Spirit Farmer (unless the fine be payable by him), who shall also be entitled to all goods and chattels seized and forfeited under this Ordinance, unless they are ordered by the Magistrate to be destroyed, as being unfit for use. All ships forfeited under this "Or-

dinance shall, if the Governor in Council so direct, be sold, and the proceeds of sale thereof be paid into the Treasury for the use of the Colony

値政隻理獲承半者例

此外 則答:

庫員

奪

應為

有

物遵

317

罰凡

第六十二歎 凡遵此則 第六十三歎

Evidence and Rules for Procedure.

LXIII. 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.

LXIV. The delivery of any spirituous liquors or intoxicat- ing liquors shall be taken as good and sufficient evidence of money or other consideration being given for the same, failing proof to the contrary.

LXV. For the purposes of this Ordinance any spirituous liquors, intoxicating 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 an- other such spirituous liquors or other matters are found to be.

合

獲議船有棄巡緝

·人則

六

緝所需形格前所權控件此凡第

勢局不有鞫告或則有 者及除拘善斷者 外證捉限 不若無據

據為

論所之

酒人

均

燒凡貿

確

致將外非

緝獲一概不拘

所用何法若何

爲貿易確 之意作爲該 已

人所有

LXVI. 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.

LXVII. 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.

該例

或或

人切藉親

已如據有作押由記

是證則不為 彼簿

後幷伊爲據所抄隨例

乃非立然倘言畫後登

無或時例所誓此人飭被

之爲他控

人

證或府則

如 可例倘

追已

有

賠醜之項

LXVIII. Every person so required to give evidence, who shall make, in the opinion of the Magistrate, trne 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.

LXIX. If any frivolous or malicious prosecution be made by the Spirit Farmer under this Ordinance, a com- pensation may be awarded by the Magistrate, not exceed- ing one hundred dollars, to be paid to the party aggrieved: Provided however that the person aggrieved may always elect to proceed by action for damages.

切銷他

理訊

府

所果

實

手如畫 盡千 則答

凡可畫 所陳 伊 府

卽據

可切 切若被凡

據他免按見邀有

隨不倘不人飭控則挾倘第

過

項意則 百

告有 大醜辱府

藉弄

追權仍圓但之可揑此弊