686446-1879-GOVERNMENT-NOTIFICATION- — Page 13

362

THE HONGKONG GOVERNMENT GAZETTE, 18TH 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 scized 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

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.

撥

値政隻遵

理獲承半者

入局均此外府歸

庫員應則

支奪

用

歸盤 獲

項

項除

惟毁除例餘或-

此

獲議船有棄巡緝歸一人則

緝所需形格並

權控件此凡第

用勢局不有鞫告 者及 善斷

拘何論所之訊量

或

半已下賞縮線工其餘歸 件或投按察司 者外可將罰項一半或一 此則例所審案 例所謂之項除罰承-

人 凡有巡理府遵 欸 除立

獲歸官之什物產業除巡 權鞫斷照該案 凡有人將 人管理一切 承-

人凡有遵此則例緝 控告者均應從 貿易者外 自管理或藉

政局員酌奪發出投賣獲

人於醉之 於醉之酒或

此

船

此

可例倘

所欵

府言

所用何法若何 爲貿易確 之意作爲該 需用者外無論 人皆可作 可按此則例 如是然後乃 或不肯答所問者 銷已上所言凡有一 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 不滿意則有權

緝獲一概不拘

據為

人所有

切追究者.

賠醜之項

第六十二欸 凡要此則 第六十三欸

第六十四 第六十五欸 第六十六歎 第六十七欸 倘 第六十八欸 凡有 第六十九欸

倘見有人

確據並非 或保守或親

押其中所言 此之人苟不肯發 該案 由彼謄抄畫 人爲原告作證如 例

控告巡理府可 所問者則伊可免

追

飭伊向被辱之 究干連因他

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.

LXVIII. 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.

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.

已如據者有作押由記遵

爲

以實

後幷伊為據所抄隨例政

乃非立然倘言畫後登廳

無或時例所誓此人飭被有第

異不證科

切銷他

荅不

爲他控

則照肯證或府則

按例發如

巡被該例他作人

憑理訊案所果證照六

此照府照

府照追問 實者

憑親應實究者

盡千則

因可切若被凡

撤交卽據他免按見邀有

隨不倘 人

過補 銀 百

告有人大

則挾倘第

弄

追權仍圓但之可控此弊