Gods;
THE HONGKONG GOVERNMENT GAZETTE, 24тH JUNE, 1865.
upon Summary Conviction by virtue of this Ordinance, shall have been committed, Magistrate may grant a Warrant to search for such Property as in the Case of stolen ds; and any Person to whom any Property shall be offered to be sold, pawned, or livered, if he shall have reasonable Cause to suspect that any such Offence has been mmitted on or with respect to such Property, is hereby authorized, and, if in his wer, 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.
371
of any Felony may be
$7. Any Constable or Peace Officer may take into Custody, without a Warrant, Person loitering at aur Person whom he shall find lying or loitering in any Highway, Yard, or other Place, Night and suspected 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 mentioned, and shall take such Person, as soon as reasonably may be, before a Police Magistrate, to be dealt with ac- cording to Law.
Persons punishable on
88. Where any Person shall be charged on the Oath or Declaration of a credible Mode of compelling Witness before a Police Magistrate with any Offence punishable on Summary Conviction the Appearance of under this Ordinance, the Magistrate may summon the Person charged to appear at a Summary Conviction. Time and 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 Suminary Convie-
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. he paid to the Party aggrieved, except where he is unknown, and in that Case such Sum 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 Proviso where several in the Commission of the same Offence, and shall, upon Conviction thereof, each be Persons join in adjudged to forfeit a Sum equivalent to the Value of the Property or to the Amount of offence. 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 or Suns forfeited shall be applied in the same Manner as any Penalty imposed by a Police Magistrate is hereinbefore directed to be applied.
commission of saine
not pay, &c., the Ma-
bim.
90. In every Case of a Summary Conviction under this Ordinance, where the Sum If a Person sum- which shall be forfeited for the Value of the Property stolen or taken, or for the Amount my convicted of the Injury done, or which shall be imposed as a Penalty by the Police Magistrate, gistrate may commit 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 may be,) together with the Costs, shall not exceed Twenty-five Dollars, and for any Term pot exceeding Four Months where the Amount, with Costs, shall not exceed Fifty Dollars, and for any Term 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.
certain Cases.
91. Where any Person shall be summarily convicted before a Police Magistrate of Magistrate may dis- any Offence against this Ordinance, and it shall be a First Conviction, the Magistrate charge the Offender in
ay, if he shall so think fit, discharge the Offender from his Conviction, upon his making ch Satisfaction to the Party aggrieved for Damages and Costs, or either of them, as shall be ascertained by the said Magistrate.
to any other Procred-
92. In case any Person convicted of any Offence punishable upon Summary Con- A Summary Con- viction by virtue of this Ordinance shall have paid the Sum adjudged to be paid, together viction shall be a Bar with Costs, under such Conviction, or shall have received a Remission thereof from the ing for the same Cause. 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
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