20
stolen or unlawfully obtained.
Examination of person from whom stolen thing received.
No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1845.
tained is concealed or lodged in any dwelling-house or other place, it shall be lawful for the Magistrate, by special warrant under his hand directed to any constable, to cause every such dwelling-house or other place to be entered and searched at any time of the day or by night, if power for that purpose is given by such warrant; and the Magistrate, if it appears to him necessary, may empower such constable, with such assistance as may be found necessary (such constable having previously made known such his authority), to use force for the effecting such entry, whether by breaking open doors or otherwise; and if, on search thereupon made, any such thing is found, then to convey the same before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose thereof in some place of safety, and moreover to take into custody and carry before a Magistrate every person found in such house or place who appears to have been privy to the deposit of any such thing, knowing or having reasonable cause to suspect the same to have been stolen or otherwise unlawfully obtained.
38.-(1.) When any person is brought before any Magistrate charged with having or conveying any thing stolen or unlawfully obtained, and declares that he received the same from some other person, or that he was employed as a carrier, agent, or servant to convey the same for some other person, the Magistrate is hereby authorized and required to cause every such person, and also if necessary every former or pretended purchaser or other person into whose possession the same has passed, to be brought before him and examined, and to examine witnesses upon oath touching the same.
Power to order delivery
(2.) If it appears to the Magistrate that any person has had possession of such thing, and had reasonable cause to believe the same to have been stolen or unlawfully obtained, every such person shall be deemed guilty of a misdemeanor, and to have had possession of such thing at the time and place when and where the same has been found and seized (and the possession of a carrier, agent, or servant shall be deemed to be the possession of the person who has employed such other person to convey the same); and shall be liable to a penalty not exceeding one hundred dollars, or, in the discretion of the Magistrate, to imprisonment, with or without hard labour, for any term not exceeding three calendar months.
39.-(1.) If any goods are stolen or unlawfully obtained from any person, or, having been lawfully obtained, are unlawfully deposited, pawned, pledged, sold, or exchanged, and complaint is made thereof to any Magistrate, and that such goods are in the possession of any broker, dealer in marine stores, or other dealer in second-hand property, or of any person who has advanced money upon the credit of such goods, it shall be lawful...
...on appearance to be delivered on payment of...
(2.) Every person who neglects to deliver the same as aforesaid shall be liable...
Provided always that...
from recovery of whose possession...
whose possession is provided that...
after such...
40. It shall be lawful...
brought before a Magistrate to be exchanged...
of the Magistrate before whom they are brought without collision...
Magistrate may order...
41. When any goods are stolen or unlawfully obtained, a Magistrate may...
lawful for the Magistrate during which goods or money...
of the Police...
42. When any dispute arises by parties...
ations are made...
there was...
in every case laid or made...
which, if found...
case is heard...
the Magistrate may order the sum of...
ant to the expenses incurred...
43. In...
20
stolen or un- lawfully obtained.
Examination
whom stolen
thing re- ceived.
No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1845.
tained is concealed or lodged in any dwelling-house or other place, it shall be lawful for the Magistrate, by special warrant under his hand directed to any constable, to cause every such dwelling-house or other place to be entered and searched at any time of the day or by night, if power for that purpose is given by such warrant; and the Magistrate, if it appears to him necessary, may empower such constable, with such assistance as may be found necessary (such constable having previously made known such his authority), to use force for the effecting such entry, whether by breaking open doors or otherwise; and if, on search thereupon made, any such thing is found, then to convey the same before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose thereof in some place of safety, and moreover to take into custody and carry before a Magistrate every person found in such house or place who appears to have been privy to the deposit of any such thing, knowing or having reasonable cause to suspect the same to have been stolen or otherwise unlawfully obtained.
38.-(1.) When any person is brought before any Magistrate charged of person from with having or conveying any thing stolen or unlawfully obtained, and declares that he received the same from some other person, or that he was employed as a carrier, agent, or servant to convey the same for some other person, the Magistrate is hereby authorized and required to cause every such person, and also if necessary every former or pretended pur- chaser or other person into whose possession the same has passed, to be brought before him and examined, and to examine witnesses upon oath. touching the same.
Power to
order delivery
(2.) If it appears to the Magistrate that any person has had posses- sion of such thing, and had reasonable cause to believe the same to have been stolen or unlawfully obtained, every such person shall be deemed guilty of a misdemeanor, and to have had possession of such thing at the time and place when and where the same has been found and seized (and the possession of a carrier, agent, or servant shall be deemed to be the possession of the person who has employed such other person to convey the same); and shall be liable to a penalty not exceeding one hundred dollars, or, in the discretion of the Magistrate, to imprisonment, with or without hard labour, for any term not exceeding three calendar months. 39.-(1.) If any goods are stolen or unlawfully obtained from any
of goods stolen person, or, having been lawfully obtained, are unlawfully deposited, pawned, pledged, sold, or exchanged, and complaint is made thereof to any Magistrate, and that such goods are in the possession of any broker, dealer in marine stores, or other dealer in second-hand property, or of any person who has advanced money upon the credit of such goods, it
or fraudu. lently ob- tained and in possession of broker or other denler
A.D. 1845
shall be law
appearance to be delive payment of (2.) Eve neglects to the same af as aforesaid Provided al from recove whose poss provided th after such
40. It s
brought be exchanged, of the Mag whom they without col Magistrate
41. Whe obtained, a Magistrate lawful for during whi goods or m of the Poli
42. Wh by parties! ations are
there was
in every ca laid or mac which, if f case is hea the Magist the sum of
ant to the expenses it
43. In
!
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