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THE HONGKONG GOVERNMENT GAZETTE, 18TH FEBRUARY, 1865.
1.ad to keep the peace and be of good behaviour for any Period not exceeding Six
ths from the expiration of such Sentence.
59
If the Magistrate dismiss the Complaint
XLI. If the Magistrate, upon the hearing of any such Case of Assult or Battery or
ravate Assault or Battery upon the merits, where the complaint was preferred by he shall make out it the behalf of the Party aggrived, under either of the last two preceding Sections, Certificate to that ef- ail deem the Offence not to be proved, or shall find the Assult or Battery to have been
ed, or so trifling as not to merit any Punishment, and shall accordingly dismiss mplaint, he shall forthwith make out a Certificate under his fand stating the fact eh Dismissal, and shall deliver such Certificate to the Party against whom the com- pant was preferred.
feet.
viction shall be a Bar
XLII. If any Person, against whom any such Complaint as in either of the pre- Certificate or Con- ing Sections mentioned shall have been preferred by or on the behalf of the Party to any other proceed- reve, shall have obtained such Certificate, or, having been convicted, shall have ing."
the whole Amount adjudged to be paid, or shall have suffered the Imprisonment or prisonment with Hard Labour awarded, in every such Case he shall be released from farther or other Proceedings, Civil or Criminal, for the same Cause.
not to apply to certain
Cases.
XLIII. Provided, that in case the Magistrate shall find the Assault or Battery These Provisions mplained of to have been accompanied by any attempt to commit Felony, or shall be pinion that the same is, from any other circumstance, a fit subject for a Prosecution lictment or Information, he shall abstain from any Adjudication thereupon, and shall i with the case in all respects in the same manner as if had no authority finally to hear determine the same: Provided also, that nothing herein contained shall authorise any gistrate to hear and determine any Case of Assault or Battery in which any Question ll arise as to the Title to any Lands, Tenements or Hereditaments or any Interest there- or accruing therefrom, or as to any Bankruptcy or Insolvency, or any Execution under the Process of any Court of Justice.
Assault occasioning
Bodily Harm.
XLIV. Whosoever shall be convicted upon an Indictment of any Assault occasion- actual bodily Harin or of any Assault and Imprisonment with intent to extort Money zany gain or advantege to the Offender shall be liable, at the discretion of the Court, te kept in Penal Servitude for the Term of Three Years, or to be imprisoned for any nnot exceeding Two Years, with or without Hard Labour; and whosoever shall be veted upon an Indictment or Charge for a Common Assault shall be liable, at the Common Assault.
etion of the Court, or of a Police Magistrate, to be imprisoned for any Term not
• vévoding One Year, with or without Hard Labour.
Rape, Abduction, and Defilement of Women.
XLV. Whosoever shall be convicted of the Crime of Rape shall be guilty of Felony, 4. being convicted thereof, shall be liable, at the discretion of the Court, to be kept Penal Servitude for Life or for any Term not less than Three Years or to be impri-
ed for any Term not excceding Two Years, with or without Hard Labour.
Rape.
filement of Girl under
Age.
XLVI. Whosoever shall, by false pretences, false representations or other fraudulent Procuring the Be- cons, procure any Woman or Girl under the age of Twenty-one Years to have illicit or cartal Connexion with any Man, shall be guilty of a Misdemeanor, and, being convicted Kereof, shall be liable, at the discretion of the Court, to be imprisoned for any Term not
Acceding Two Years, with or without Hard Labour.
Carnally knowing a Girl under Ten Years
XLVII. Whosoever shall unlawfully and carnally know and abuse any Girl ander the AgeofTen Years shall be guilty of Felony, and, being convicted thereof, shall be liable, of age.
the discretion of the Court, to be kept in Penal Servitude for Life or for any Term not than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.
a Girl between the Ages of Teu & Twelve.
XLVIII. Whosoever shall unlawfully and carnally know and abuse any Girl being Carnally knowing ve the Age of Ten Years and under the age of Twelve Years shall be guilty of a Mis- demeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to kept in Penal Servitude for the Term of Three Years, or to be imprisoned for any
a not exceeding Two Years, with or without Hard Labour.
the last two Offences.
XLIX. Whosoever shall be convicted of any indecent Assault upon any Female, or of Attempts to commit attempt to have carnal knowledge of any Girl under Twelve Years of Age, shall be e, at the discretion of the Court, to be imprisoned for any Terin not exceeding Two Years, with or without Hard Labour.
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