THE HONGKONG GOVERNMENT GAZETTE, 18TM JUNE, 1879.
LXX. The Governor may suspend or stop any prosecu-
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.
Actions. Procedure.
LXXI. All actions and prosecutions 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 month
before the commencement of such action, and without such
rotice no such action shall be brought, or being brought. the plaintiff shall be non-suited,
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可將一切項無 追情事
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欲追擱
363
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均追可 此凡
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如先 先一
此告
明未交明原厥
亦使斷經與
總督有權可以停 第七十欸 香港 第七十
第七十二欸 第七十三 第七十四歎
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總理府 該經由官斷或明兩造自爲 眾有司以爲合例則
先一月交與 挾恨違例 遵照某歎而行 告者因未預先報 掌法紳士宝例 調處又原告應向被告區補狀 用作證之言於訴 則例而行或欲 不過被告於審訊先預貯有風
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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 plea.
LXXV. If it shall 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 de- 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- brate 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 u' 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.
言
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伊行則凡第
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允狀彩補師調該之不過第
原賠師
足後
被有
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論若
允書被
有賠券告
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