246
Power to apprehend offender against the Ordinance.
No. 7. THE ORDINANCES OF HONGKONG, A.D. 1865.
chines as aforesaid and the delivery of the same either to the Colonial Treasurer or to any person authorized by him in writing to receive the same.
26. It shall be lawful for any person whomsoever to apprehend any person who may be found committing any indictable offence against this Ordinance, and to convey or deliver him to some constable or officer of Police, in order to his being conveyed as soon as reasonably may be before a Police Magistrate or some other proper officer, to be dealt with according to law.
24 & 25 Viet. c. 99 s. 31.
Protection of person acting under the Ordinance. Ib. s. 33.
Punishment of principals in second degree and accessories. Ib. s. 35.
Trial for second or subsequent offence.
27. -(1.) Every action or prosecution 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.
(2.) 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.
(3.) 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.
(4.) No plaintiff shall recover in any such action if tender of sufficient amends has been made before such action brought, or if a sufficient sum of money has been paid into Court after such action brought, by or on behalf of the defendant.
(5.) If a verdict passes for the defendant, or the plaintiff becomes nonsuit or discontinues any such action after issue joined, or if, on demurrer or otherwise, judgment is given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and have the like remedy for the same as any defendant has by law in other cases; and though a verdict is given for the plaintiff in any such action, the plaintiff shall not have costs against the defendant unless the Judge before whom the trial is had certifies his approbation of the action.
28. (1.) In the case of any felony punishable under this Ordinance, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Ordinance punishable.
(2.) Every accessory after the fact to any felony punishable under this Ordinance shall be liable to imprisonment for any term not exceeding two years, with or without hard labour.
29. Where any person, having been convicted of any offence against this Ordinance or against any former enactment in force in this Colony relating to the coin, is afterwards indicted for any offence against this Ordinance...
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246
Power to apprehend offender
against the Ordinance.
No. 7. THE ORDINANCES OF HONGKO,
A.D. 1865.
chines as aforesaid and the delivery of the same either to the Colonial Treasurer or to any person authorized by him in writing to receive the
samme.
26. It shall be lawful for any person whomsoever to apprehend any person who may be found committing any indictable offence against this Ordinance, and to convey or deliver him to some constable or officer of 24 & 25 Viet. Police, in order to his being conveyed as soon as reasonably may be before a Police Magistrate or some other proper officer, to be dealt with according to law.
c. 99 s. 31.
Protection of person acting under the Ordinance. Ih. s. 33.
Punishment of principals in second degree and accessories. Ib. s. 35.
Trial for second or subsequent offence.
27. -(1.) Every action or prosecution to be commenced against any person for anything done in pursuance of this Ordinance shall be com- menced within six months after the fact committed, and not otherwise.
(2.) 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.
(3.) 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.
(4.) No plaintiff shall recover in any such action if tender of suffi- cient amends has been made before such action brought, or if a sufficient sum of money has been paid into Court after such action brought, by or on behalf of the defendant.
(5.) If a verdict passes for the defendant, or the plaintiff becomes nonsuit or discontinues any such action after issue joined, or if, on demurrer or otherwise, judgment is given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and have the like remedy for the same as any defendant has by law in other cases; and though a verdict is given for the plaintiff in any such action, the plaintiff shall not have costs against the defendant unless the Judge before whom the trial is had certifies his approbation of the
action.
28. (1.) In the case of any felony punishable under this Ordi- nance, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Ordinance punishable.
(2.) Every accessory after the fact to any felony punishable under this Ordinance shall be liable to imprisonment for any term not exceed- ing two years, with or without hard labour.
29. Where any person, having been convicted of any offence against this Ordinance or against any former enactment in force in this Colony relating to the coin, is afterwards indicted for any offence against this
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