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THE HONGKONG GOVERNMENT GAZETTE, 11TH FEBRUARY, 1865.
such Conviction; and a Certificate containing the Substance and Effect only (omitting tie formal part) of the Indictment and Conviction for such Offence, purporting to be med by the Clerk of the Court, or other Officer having the Custody of the Records of the Court where the Offender was convicted, or by the Deputy of such Clerk or Officer, Full, Proof of the identity of the Person, be sufficient Evidence of the said Con- viction without Proof of the Signature or Official Character of the Person appearing to have signed the same.
upon
37
XXXI. It shall not be necessary to prove by the attesting Witness any Instrument Attesting Witness to the validity of which attestation is not requisite; and such Instrument may be proved need not be called, by admission, or otherwise, as if there had been no attesting Witness thereto.
except in certain cases.
puted writing.
XXXII. Comparison of a disputed Writing with any Writing proved to the satisfaction Comparison of dis- of the Court to be genuine shall be permitted to be made by Witnesses; and such Writings, and the Evidence of Witnesses respecting the same, may be submitted to the Court and Jury as Evidence of the genuineness or otherwise, of the Writing in dispute.
XXXIII. Either party shall be at liberty to apply to the Court for a Rule or Order Inspection by Jury, for the inspection by the Jury or by himself or by his Witnesses, of any real or personal by Parties, or by Wit- Property, the Inspection of which may be material to the proper determination of the onestion in dispute; and it shall be lawful for the Court, if it think fit, to make such Rule or Order upon
such Terms as to Costs and otherwise as such Court may direct.
XXXIV. It shall be lawful for the Court to make such Rules or Orders upon the Rule or Order for Sheriff or other Person as may be necessary to procure the attendance of a Special or Common Jury for the Trial of any Cause or Matter depending in such Court, at such Time and Place and in such Manner as the said Court may think fit.
summoning Jury,
Felony or Misdemea-
XXXV. If on the Trial of any Person charged with any Felony or Misdemeanor the Party Indicted for Jury shall be of opinion that the Defendant did not complete the Offence charged but nor may he found only attempted [to commit] the same, the Defendant shall not be acquitted, but the Jury, Guilty of Attempt
[and shall not be pro- shall [may] return a Verdict of Not Guilty of the Felony or Misdemeanor charged, but secuted afterwards for Guilty of an attempt to commit the same, and thereupon the Defendant shall be punished Attempt.] as if convicted on an Information for Attempting to commit such Felony or Misdemeanor; and no Person tried as herein lastly mentioned shall be afterwards prosecuted for an Attempt to commit the Felony or Mişdemeanor for which he was so tried.
indicted for Robbery.
XXXVI. If on any Trial for Robbery the Jury shall be of opinion that no Robbery Similarly with Party was committed but an assault with intent to rob, the Defendant shall not be therefore equitted, but the Jury shall return a Verdict of Guilty of an assault with intent to rob, and thereupon the Defendant shall be punished as if convicted on an Information for leniously assaulting with intent to rob; and no Person tried as hereinlastly mentioned shall be afterwards prosecuted for an assault with intent to commit the Robbery for. which he was so tried.
Party indicted for Misdemeanor not, to be acquitted if the
louy, unless Court so
XXXVII. If, on any Trial for Misdemeanor, the Facts given in Evidence amount to a Felony the Defendant shall not be therefore acquitted of such Misdemeanor; and no Person tried for such Misdemeanor shall be liable afterwards to be prosecuted for Offence he proved Fe- Felony on the same Facts, unless the Court shall think fit in its Discretion to discharge direct. the Jury from giving any Verdict on such Trial and to direct such Person to be prosecuted For Felony, whereupon such Person may be dealt with as if not previously put on Trial for Misdemeanor.
may be convicted of
XXXVIII. If on any Trial for Burglary, Stealing in a Dwelling-house, or Breaking Persons charged and Entering and Stealing in a Shop, Warehouse or Counting-House or a Building within with Burglary, &c., The Curtilage of a Dwelling-house the Facts proved in Evidence authorize a conviction Housebreaking, &c. for some other of the said Offences and not the Offence wherewith the Defendant is charged, the Jury shall return against him a Verdict of Guilty of the said other Offence and thereupon he shall be punished as if he had been convicted on an Information charging him with such offence; and he shall not be afterwards prosecuted for the Offence whereof he is so found Guilty.
XXXIX. No Judgment shall be stayed or reversed on the ground of any objection When Judgment is which, if stated before the Jury were impanelled, or during the progress of the Trial not to be reversed. tight have been amended by the Court nor because of any Error committed in Summoning or Swearing the Jury, or any of them; nor because any Person who has served upon the Jury has not been returned by the Sheriff, nor because of any objection which might have been stated as a ground of challenge of any of the Jurors nor for any informality in Swearing the Witnesses or any of them.
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