714917-1865-GOVERNMENT-NOTIFICATION — Page 17

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THE HONGKONG GOVERNMENT GAZETTE, 13TH MAY, 1865.

245

ward for the Retura

85. Whosoever shall publicly advertise a Reward for the Return of any Property Advertising a Re- whatsoever which shall have been stolen or lost, and shall in such Advertisement use of Stolen Property. any Words purporting that no Questions will be asked, or shall make use of any Words in any public Advertisement purporting that a Reward will be given or paid for any Property which shall have been stolen or lost, without seizing or making any Inquiry after the Person producing such Property, or shall promise or offer in any such public Advertisement to return to any Pawnbroker or other Person who may have bought er advanced Money by way of Loan upon any Property stolen or lost the Money so paid or advanced, or any other Sum of Money or Reward for the Return of such Property, or shall print or publish any such Advertisement, shall forfeit the Sum of Two Hundred and Fifty Dollars for every such Offence to any Person who will sue for the same by Action of Debt, to be recovered, with full Costs of Suit.

As to Apprehension of Offenders, and other Proceedings.

be apprehended with-

86. Any Person found committing any Offence punishable, either upon Indictment A Person commit- or upon Summary Conviction, by virtue of this Ordinance, may be immediately ting an offence may apprehended without a Warrant by any Person, and forthwith taken together with such out Warrant. Property, if any, before a Police Magistrate, to be dealt with according to Law; and if any credible Witness shall prove upon Oath or Declaration before a Police Magistrate a reason- able Cause to suspect that any Person has in his Possession or on his Premises any Property whatsoever on or with respect to which any Offence, punishable either Indictment

upon or upon Summary Conviction by virtue of this Ordinance shall have been committed, the Magistrate may grant a Warrant to search for such Property as in the Case of stolen Goods; and any Person to whom any Property shall be offered to be sold, pawned, or delivered, if he shall have reasonable Cause to suspect that any such Offence has been committed on or with respect to such Property, is hereby authorized, and, if in his Power, is required, to apprehend and forthwith to take before a Police Magistrate the Party offering the same, together with such Property, to be dealt with according to Law.

any

Person loitering at

87. Any Constable or Peace Officer may take into Custody, without a Warrant, Night and suspected Person whom he shall find lying or loitering in any Highway, Yard, or other Place, of any Felony may be during the Night, and whom he shall have good Cause to suspect of having committed, apprehended, or being about to commit, any Felony in this Ordinance inentioned, and shall take such Person, as soon as reasonably may be, before a Police Magistrate to be dealt with according to Law.

88. Where any Person shall be charged on the Oath or Declaration of a credible Wit-Mode of compelling the Appearance of ness before a Police Magistrate with any Offence punishable on Summary Conviction under Persons punishable ou this Ordinance, the Magistrate may summon the Person charged to appear at a Time and Summary Conviction. Place to be named in such Summons, and if he shall not appear accordingly, then (upon Proof of the due Service of the Summons upon such Person, by delivering the same to him personally, or by leaving the same at his usual Place of Abode,) the Magistrate may either proceed to hear and determine the Case ex parte, or issue his Warrant for apprehending such Person, and bringing him before himself or some other Magistrate; or the Magistrate before whom the Charge shall be made may (if he shall so think fit), without any Previous Summons (unless where otherwise specially directed), issue such Warrant, and the Magistrate before whom the Person charged shall appear or be brought shall proceed to hear and determine the Case.

on Summary Convic-

89. Every Sum of Money which shall be forfeited on any Summary Conviction Application of For- for the Value of any Property stolen or taken, or for the Amount of any Injury done feitures and Penalties (such Value or Amount to be assessed in each Case by the convicting Magistrate), shall tions. be paid to the Party aggrieved, except where he is unknown, and in that Case such Sun shall be applied in the same Manner as a Penalty; and every Sum which shall be imposed as a Penalty by any Police Magistrate whether in addition to such Value or Amount or otherwise, shall be paid to Her Majesty for the Use of the Colony and in support of the Government thereof: Provided, that where several Persons shall join in the Commission of the same Offence, and shall, upon Conviction thereof, each be adjudged to forfeit a Sum equivalent to the Value of the Property or to the Amount of the Injury, in every such Case no further Sum shall be paid to the Party aggrieved than such Value or Amount and the remaining Sum of Sums forfeited shall be applied in the same Manner as any Penalty imposed by a Police Magistrate is herein- before directed to be applied.

If a Person sun-

90. In every Case of a Summary Conviction under this Ordinance, where the Sum marily convicted shall which shall be forfeited for the Value of the Property stolen or taken, or for the Amount not pay, &c., the Mn- of the Injury done, or which shall be imposed as a Penalty by the Police Magistrate, him.

gistrate may commit

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