THE HONGKONG GOVERNMENT GAZETTE, 24TH JUNE, 1865.
331
And also such further Sum of Money as shall appear to the Magistrate to be a reasonable Compensation for the Damage, Injury, or Spoil so committed, not exceeding the Sum of Twenty-five Dollars; which last-mentioned Sun of Money shall, in the Case of private Property, be paid to the Party aggrieved; and in the Case of Property of a public Nature, or wherein any public Right is concerned, the Money shall be paid to Her Majesty for the Use of the Colony, and in support of the Government thereof; and if sach Sums of Money, together with Costs (if ordered,) shall not be paid either im- diately after the Conviction, or within such Period as the Magistrate shall at the Time of the Conviction appoint, the Magistrate may commit the Offender to the Common tol, there to be imprisoned only, or to be imprisoned and kept to Hard Labour, as the Magistrate shall think fit, for any Term not exceeding Two Months, unless such Sums and Costs be sooner paid: Provided that nothing herein contained shall extend Not to extend to to any Case where the Party acted under a fair and reasonable Supposition that he had certain Cases.
Right to do the Act complained of.
to extend to Trees.
43. The Provisions in the last preceding Section contained shall extend to any Preceding Section Person who shall wilfully or maliciously commit any Injury to any Tree, Sapling, Shrub, or Underwood, for which no Punishment is herein-before provided.
Making Gunpowder to commit Offences, and searching for the same:
Intent to commit any
44. Whosoever shall make or manufacture, or knowingly have in his Possession, Making or having any Gunpowder or other explosive Substance, or any dangerous or noxious Thing, or Gunpowder, &c., with any Machine, Engine, Instrument, or Thing, with Intent thereby or by means thereof Felony against this to commit, or for the Purpose of enabling any other Person to commit, any of the Ordinance. Felonies in this Ordinance mentioned, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or with out Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping.
searching Houses,&c.,
45. When any Machine, Engine, Implement, or Thing, or any Gunpowder or Police Magistrate other explosive, dangerous, or noxious Substance, is suspected to be made, kept, or may issue Warrant for carried for the Purpose of being used in committing any of the Felonies in this for such Gunpowder. Ordinance mentioned, a Police Magistrate may upon reasonable Cause assigned upon Qath, Affirmation or Declaration by any Person, issue a Warrant under his Hand for searching in the Daytime any House, Mill, Magazine, Godown, Storehouse, Warehouse, Shop, Cellar, Yard, Wharf, or other Place, or any Carriage, Waggon, Cart, Ship, Boat, or Vessel, in which the same is suspected to be made, kept, or carried for such Purpose as herein-before mentioned; and every Person acting in the Execution of any such Warrant shall have, for seizing, removing to proper Places, and detaining every such Machine, Engine, Impiement, and Thing, and all such Gunpowder, explosive, danger- ous, or noxious Substances found upon such Search, which he shall have good Cause to suspect to be intended to be used in committing any such Offence, and the Barrels, Packages, Cases, and other Receptacles in which the same shall be, the same Powers and Protections which are given to Persons searching for unlawful Quantities of Gun- powder under the Warrant of a Justice by an Act of the Imperial Parliament passed in the Session holden in the Twenty-third and Twenty-fourth Years of the Reign of Her present Majesty, Chapter One Hundred and Thirty-nine, intituled "An Act to amend the Law concerning the Making, Keeping and Carriage of Gunpowder and Compositions of an explosive Nature and concerning the Manufacture, Sale and Use of Fireworks.”
Other Matters :-
sories.
46. 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 cipals in the Secoud same Manner as the Principal in the First Degree is by this Ordinance punishable; and Degree and Acces- every Accessory after the Fact to any Felony punishable under this Ordinance shall on Conviction be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement; and every Person who shall aid, abet, counsel, or, procure the Commis- sion of any Misdemeanor punishable under this Ordinance shall be liable to be proceeded against, indicted, and punished as a principal Offender.
meanors as to Persons
47. Any Constable or Peace Officer may take into Custody, without a Warrant, Abettors in Misde- any Person whom, he shall find lying or loitering in any Highway, Yard, or other loitering at Night and Place, during the Night, and whom he shall have good Cause to suspect of having suspected of Felony.
No comments yet.
Private notes are available after approval.