THE HONGKONG GOVERNMENT GAZETTE, 24TH JUNE, 1865.
mit the Offender to the Common Goal, there to be imprisoned only, or to be prisoned and kept to Hard Labour, according to the Discretion of the Magistrate, for Terin not exceeding Two Months, where the Amount of the Sum forfeited, or of Penalty imposed, or of both, (as the Case may be), together with the Costs, shall exceed Twenty-five Dollars; and for any Terin not exceeding Four Months where 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.
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charge Offender in
56. Where any Person shall be summarily convicted before a Police Magistrate of Magistrate may dis- Offence against this Ordinance, and it shall be a first Conviction, the Magistrate c may, if he shall so think fit, discharge the Offender from his Conviction upon his making ach Satisfaction to the Party aggrieved for Damages and Costs, or either of them, as Jall be ascertained by the Magistrate.
tion shall be a Bar to any other Proceeding,
57. When any Person convicted of any Offence punishable upon summary Convic- Summary Convic- tion by virtue of this Ordinance, shall have paid the Sum adjudged to be paid, together 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 awarded in the first Instance, or shall have en so discharged from his Conviction by any Magistrate as aforesaid, he shall be released from all further or other Proceedings for the same Cause.
58. All Actions and Prosecutions to be commenced against any Person for any- thing 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 Commencement 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 he had thereupon; and no Plaintiff shall recover in any such Action if Tender of efficient 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 hall recover his full Costs as between Attorney and Client, and have the like Remedy Sr the same as any Defendant has by Law in other Cases; and though a Verdict shall be given for the Plaintiff in any sucli 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.
59. Whenever Imprisonment, with or without Hard Labour, may be awarded for ay indictable Offence under this Ordinance, the Court inay sentence the Offender to be Caprisoned, or to be imprisoned and kept to Hard Labour, and such Sentence shall be arried out in accordance with the Provisions of Ordinance No. 4 of 1863, Section XV.
Notice of Action.
General Issue,
Hard Labour.
Confine-
60. Whenever Solitary Confinement may be awarded for any indictable Offence Solitary nder this Ordinance, the Court may direct the Offender to be kept in Solitary Confine meat and Whipping. ent for any Portion or Portions of his Imprisonment, or of his Imprisonment with Hard Labour, not exceeding One Month at any One Time, and not exceeding Three Months in any One Year; and whenever Whipping may be awarded for any indictable Dilence under this Ordinance, the Court may sentence the Offender to be once privately hipped; and the Number of Strokes, and the Instrument with which they shall be
dicted, shall be specified by the Court in the Sentence.
for keeping the Peace, in what Cases.
61. Whenever any Person shall be convicted of any indictable Misdemeanor Fine and Sureties punishable under this Ordinance, the Court may, if it shall think fit, in addition to or lieu of any of the Punishments by this Ordinance authorized, fine the Offender, and quire him to enter into his own Recognizances, and to find Sureties, both or either, keeping the Peace and being of good Behaviour; and in case of any Felony punish- le under this Ordinance, the Court may, if it shall think fit, require the Offender to ter into his own Recognizances, and to find Sureties, both or either, for keeping the Peace,
in addition to any Punishment by this Ordinance authorized: Provided that no rson shall be imprisoned under this Clanse for not finding Sureties for any Period Seeding One Year.
62. No summary Conviction under this Ordinance shall be quashed for Want of No Summary Con- rm, nor be removed by Certiorari; and no Warrant of Commitment shall be held void vietion or Warrant to
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