714917-1865-GOVERNMENT-NOTIFICATION — Page 18

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Magistrate may dis- charge the Offender in certain Cases.

to any other Proceed-

THE HONGKONG GOVERNMENT GAZETTE, 13TH MAY, 1865.

shall not be paid, either immediately after the Conviction, or within such Period as the Magistrate shall at the Time of the Conviction appoint, the convicting Magistrate (unless where otherwise specially directed) may commit the Offender to the Common Gaol, there to be imprisoned only or to be imprisoned and kept to Hard Labour, according to the Discretion of the Magistrate, for any Term not exceeding Two Months where the Amount of the Sum forfeited or of the Penalty imposed, or of both, (as the Case inay be), together with the Costs, shall not exceed Twenty-five Dollars, and for any Terin not exceeding Four Months where the Amount, with Costs, shall not exceed Fifty Dollars, and for any Terin not exceeding Six Months in any other Case, the Commitment to be determinable in each of the Cases aforesaid upon Payment of the Amount and Costs.

91. Where any Person shall be summarily convicted before a Police Magistrate of any Offence against this Ordinance, and it shall be a First Conviction, the Magistrate may, if he shall so think fit, discharge the Offender from his Conviction, upon his making such Satisfaction to the Party aggrieved for Damages and Costs, or either of them, as shall be ascertained by the said Magistrate.

A Summary Con- 92. In case any Person convicted of any Offence punishable upon Summary Con- viction shall be a Bar viction by virtue of this Ordinance shall have paid the Sum adjudged to be paid, together ing for the same Cause. with Costs, under such Conviction, or shall have received a Remission thereof from the Crown, or from the Governor, or shall have suffered the Imprisonment awarded for Non-payment thereof, or the Imprisonment adjudged in the first instance, or shall have been so discharged from his Conviction by any Magistrate as aforesaid, in every such Case he shall be released from all further or other Proceeding for the same Cause.

Notice of Action.

General Issue, &c.

Form of Indictment

fence and proceedings thereon.

93. All Actions and Prosecutions to be commenced against any Person for anything done in pursuance of this Ordinance shall be commenced within Six Months after the Fact committed, and not otherwise; and Notice in Writing, of such Action and of the Cause thereof shall be given to the Defendant One Month at least before the Commence- ment of the Action; and in any such Action the Defendant may plead the General Issue, and give this Ordinance and the special Matter in Evidence, at any Trial to be had thereupon; and no Plaintiff shall recover in any such Action if Tender of sufficient Amends shall have been made before such Action brought, or if a sufficient Sum 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 Plaintiff shall become nonsuit, or discontinue any such Action after Issue joined, or if upon Demurrer or otherwise Judgment shall be given against the Plaintiff, 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 Defendant unless the Judge before whom the Trial shall be shall certify his Approbation of the Action.

94. In any Indictment for any Offence punishable under this Ordinance, and com- for a subsequent of mitted after previous Conviction or Convictions for any Felony, Misdemeanor, or Offence or Offences punishable upon Summary Conviction, it shall be sufficient, after charging the subsequent Offence, to state that the Offender was at a certain Time and Place, or at certain Times and Places convicted of Felony, or of an indictable Misdemeanor, or of an Offence or Offences punishable upon Suminary Conviction (as the Case may be,) without otherwise describing the previous Felony, Misdemeanor, Offence or Offences: and a Certificate containing the Substance and Effect only (omitting the formal Part) of the Indictment and Conviction for the previous Felony or Misdemeanor, or a Copy of any such Summary Conviction, purporting to be signed by the Clerk of the Court or other Officer having the custody of the Records of the Court where the Offender. was first convicted, or by the Deputy of such Clerk or Officer, shall, upon Proof of the Identity of the Person of the Offender, be sufficient Evidence of such Conviction, without Proof of the Signature or official Character of the Person appearing to have signed the same; and the Proceedings upon any Indictment for committing any Offence after a previous Conviction or Convictions shall be as follows, (that is to say,) the Offender shall, in the first instance, be arraigned upon so much only of the Indictment as charges 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 inquire 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 Indictment, 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

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