714869-1865-GOVERNMENT-NOTIFICATION — Page 6

deda Panhatties as RN

or

THE HONGKONG GOVERNMENT GAZETTE, 29TH APRIL, 1865.

deliver him to some Constable or Officer of Police in order to his being conveyed as reasonably may be before a Police Magistrate or some other proper Officer, to be dealt with according to Law.

von as

209

31. No Conviction for any Offence punishable on summary Conviction under this No Certiorari, &c. Ordinance shall be quashed for Want of Form or be removed by Certiorari into the Supreme Court; and no Warrant of Comunitment shall be held void by reason of any Defect therein, provided it be therein alleged that the Party has been convicted, and there be a valid Conviction to sustain the same.

Persous acting under

General Issue.

Tender of Amends,

32. All Actions and Prosecutions to be commenced against any Person for any Proceedings against thing done in pursuance of this Ordinance shall be commenced within Six Months after this Ordinance. the Fact committed and not otherwise; and Notice in Writing of such Action and of Notice of Action. the cause thereof shall be given to the Defendant One Month at least before the Com- mencement of the Action; and in any such Action the Defendant may plead the Gen- eral Issue and give this Ordinance and the special Matter in Evidence at any Trial to he had thereupon; and no Plaintiff shall recover in any such Action if Tender of suf- ficient Amends shall have been made before such Action brought, or if a sufficient Sum &c. of Money shall have been paid into Court after such Action brought by or on behalf of the Defendant; and if a Verdict shall pass for the Defendant, or the Plantiff shall become Nonsuit, or discontinue any such Action after Issue joined, or if Demurrer or otherwise Judgment shall be given against the Plantiff the Defendant shall recover his full Costs as between Attorney and Client, and have the like Remedy for the same as any Defendant has by law in other cases; and though a Verdict shall be given for the Plaintiff in any such Action such Plaintiff shall not have Costs against the Defend- ant unless the Judge before whom the Trial shall be shall certify his Approbation of

the Action.

upon

cipal in the Second

33. In the case of every Felony punishable under this Ordinance every Principal Punishment of Prin- in the Second Degree, and every Accessory before the Fact shall be punishable in the Degree and Accesso- same manner as the Principal in the First Degree is by this Ordinance punishable; and ries. every Accessory after the Fact to any Felony punishable under this Ordinance shall be liable to be imprisoned for any Term not execeding Two Years, with or without Hard Labour.

cient Evidence of Con- viction for a previous

Offence,

When the previous

34. Where any Person shall have been convicted of any Offence against this What shall be suffi- Ordinance or any former Enactment in force in this Colony relating to the Coin, and shall afterwards be indicted for any Offence against this Ordinance committed sub- sequent to such Conviction, it shall be sufficient in any such Indictment or Information, after charging such subsequent Offence to state the Substance and Effect only (omitting the formal Part) of the Indictment and Conviction for the previous Offence, and a Cer- tificate containing the Substance and Effect only (omitting the formal Part) of the Indictment or Information and Conviction for the previous Offence purporting to be signed by the Registrar or Deputy Registrar of the Supreme Court shall, upon Proof of the Identity of the Person of the Offender be sufficient Evidence of the previous Conviction and the Proceedings upon any Indictment or Information for committing any Offence after a previous Conviction or Convictions shall be as follows: (that is to conviction is to be say) The Offender shall in the first instance be arraigned upon so much only of the proved on the Trial. Indictment or Information as charges the subsequent Offence, and if he plead Not Guilty, or if the Court, order a Plea of Not Guilty to be entered on his behalf, the Jury shall be charged in the first instance to enquire concerning such subsequent Offence only; and if they find him Guilty, or if on Arraignment he plead Guilty, he shall then, and not before, be asked whether he had been previously convicted as alleged in the Indict- ment or Information, and if he answer that he had been so previously convicted the Court may proceed to sentence him accordingly, but if he deny that he had been so previously convicted or stand mute of Malice, or will not answer directly to such Ques- tion, the Jury shall then be charged to inquire concerning such previous Conviction or Convictions, and in such case it shall not be necessary to swear the Jury again but the Oath already taken by them shall for all Purposes be deemed to extend to such last mentioned Inquiry; Provided that if upon the Trial of any Person for any such sub- sequent Offence such Person shall give Evidence of his good Character, it shall be law- ful for the Attorney-General in answer thereto, to give Evidence of the Conviction of such Person for the previous Offence or Offences before such Verdict of Guilty shall be returned, and the Jury shall inquire concerning such previous Conviction or Convictions at the same Time that they inquire concerning such subsequent Offence.