第七十歎 香港 第七十
第七十二歎 第七十三 第七十四欸
應
控
欸
第
如此控告 欸 凡如 被告人若具呈
項盡行歸庫不給 斷 給還又可飭將罰 踰期則
酌量給還亦可將 數抑或多寡酌量 內控追 歸官之物無論全 六
論全數抑或多寡
可將一切罰項無 追情事
承-
人
過被
第七十七欸 若貽補之項不
一一書明預 被告果因 例者艾應陳明 指明致有難及原 伊行照巡理府 該案不由官斷或可兩造自 及控告原由.告應指明 所行乃遵此則 呈并未言及且未 行者倘有司見 之宮者如果有司以爲合例則 用作證之言於訴 則例而行或欲 不過被告於審訊先預貯有同 審訊時見被告所 凡被告人遵此 過被告甘願書券允認補置或 第七十五欸 若 第七十六
者應將厥事 此控人原 禀訴必須表明
則前
斷
被憑所察倘能例
審時又遵例
訊有應照者
明
原
如三
倘月 交
書
明原
命亦
斷經與
告據言覺質推於挾
被
告
梁指人凡十
乃
必
應遵
須
詞審而陳此
表
定七
則
明
有補致告可欲明
依用故者
再此能未有言
鞫證知預難
訴待據被先及且於
呈被則
報原訴所若
伊行則凡第
控告原告亦 覺原告所 十五欸所限定 告依理改其呈
銷乃
可見頒依
司或
斷意行得行例府見欲
費
若
過第
貯塡
庫足補自例
均應有業賠狀為則司或不
此事斷非故意 狀費用任由有司定奪而應
得不違此被 直得辉事告
權實
足後
告無辜
有司定奪 將案註銷 據則斷被·用訴呈所未言 補或不應補均從 不得結斷告 要原告補足與被告人 不得直乃命 言并錘憑,外不能禁被告 致於狀師費用應 違擅行則斷 允賠補之後所有狀師費用均
Actions. Procedure.
LXXI. All actions and prosecutious 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.
LXXII. Notice in writing of such action and of the cause
thereof, shall be given to the defendant, at least one mouth
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.
叉飭
總督有權可以停 一款
有行有以香
量全將寡無權或或停港
内六犯均追可此凡 不期控個罪應情 則有七 得則
後於事告 例遵
不如被先
案得告能此告
及者
318
THE HONGKONG GOVERNMENT GAZETTE, 11TH JUNE. 1879.
欲追擱
LXX. The Governor may suspend or stop any prosecn-
tion or proceeding instituted or proposed to be instituted
under this Ordinance; may direct the refund of the whole
or part of any fine or penalty, or the restoration of any
forfeiture, wholly or in part; and may order that any or
all fines or forfeitures be paid into the Treasury instead of to the Spirit Farmer.
承項給數歸
之用 證訴
LXXIII. 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 plain- tiff shall fail to prove such allegation, judgment shall be given for the defendant.
LXXIV. The defendant in his plea or defence to the action shall set out specially that he was acting under the pro- visions of this Ordinance, naming the section or sections under which he was acting, and shall state generally the nature of the defence he proposes to make at the trial, but the defendant shall not, at the trial, except as next herein- after provided, be prevented from giving evidence of matters not stated in his ples.
LXXV. If it shali appear to the Court on any such trial that any matter proposed to be put in evidence for the de- fendant, and not set out or clearly referred to in the des fendant's plea is of such a nature as to embarrass the plain- tiff, by reason of the plaintiff not having had notice or knowledge, or the means of knowing that the defendant in- tended to adduce such evidence, the Court shall postpone the trial and allow the defendant to amend his plea on such terms as may seem reasonable, and with or without costs.
LXXVI. Judgment shall not be given for the plaintiff in any action for anything done or intended to be done under this Ordinance, if it shall be made to appear to the Court that the defendant acted by the orders of any Magis- trate or Justice of the Peace empowered by law to act in that behalf, or if the defendant acted in good faith believing he had power to act unless it be shown that the defendant acted maliciously and without reasonable or probable cause.
LXXVII. In any case where the amount of damages which the Court may think proper in the cause shall not exceed in amount any sum tendered or offered in writing to be paid, or any sum paid into Court by the defendant, at any time before trial, the plaintiff shall not have judgment for any sum, and shall pay to the defendant his costs of the action: Provided always, that in the event of any sufficient tender, offer in writing, or payment into Court after
action commenced, the costs up till the time of such tender,
offer, or payment, shall be in the discretion of the Court, and the costs after such time shall be payable by the plaintiff to the defendant.
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