hongkong-colonial-ordinances-1847 — Page 134

9º VICTORIE.-No . 14 of 1845 . 67

XXXIV. And be it further enacted and ordained, That for every Second Offence.
Second or Subsequent Offence under this Ordinance the Offender
shall be liable at the Discretion of the convicting Magistrate to a
Penalty in Double the Amount, or to be imprisoned with or without
Hard Labour for any Length of Time not more than Fourteen Days
where the Pecuniary Penalty imposed for the First Offence does not
exceed Five Pounds, and for any Time not more than One Calendar
Month where the Pecuniary Penalty imposed for the First Offence
does not exceed Ten Pounds.


XXXV. And be it further enacted and ordained, That if any Power to order De-
Goods or Money charged to be stolen or fraudulently obtained shall ed
livery of Goods
to have been charg-
Stolen
be in the Custody of any Constable by virtue of any Warrant of a or fraudulently obtain-
Magistrate, or in Prosecution of any Charge of Felony or Misdemea- ed, and in Custody of
a Constable.
nour in regard to the obtaining thereof, and the Person charged
with stealing or obtaining possession as aforesaid shall not be found,
or shall have been summarily convicted or discharged, or shall have
been tried and acquitted, or if such Person shall have been tried
and found guilty, but the Property so in Custody shall not have
been included in any Indictment or Information upon which he
shall have been found guilty, it shall be lawful for any Magistrate
to make an order for the Delivery of such Goods or Money to the
Party who shall appear to be the rightful Owner thereof, or in case
the Owner cannot be ascertained, then to make such Order with
respect to such Goods or Money as to such Magistrate shall seem
meet ; Provided always, that no such Order shall be any Bar to the
Right of any Person or Persons to sue the Party to whom such
Goods or Money shall be delivered, and to recover such Goods or
Money from him, by Action at Law, provided that such Action shall
be commenced within Six Calendar Months next after such Order
shall be made.


XXXVI. And be it further enacted and ordained, That any Power to remand or
Magistrate, if he shall think fit, may remand any Person who shall Recognizances.
large Prisoners on
be charged before him with any Felony or Misdemeanour upon his
Personal Recognizance (with or without Sureties) and every such
Recognizance shall be conditioned for the Appearance of such Person
before the same or some other Magistrate, for further examination,
or to surrender himself to take his Trial at the Supreme Court, at a
Day and Place to be therein mentioned, and the Magistrate shall be
at Liberty from Time to Time to enlarge every such Recognizance
to such further Time as he shall appoint, and every such Recognizance
which shall not be enlarged shall be discharged without Fee or
Reward, when the Party shall have appeared according to the
Condition thereof ; Provided always that when any Magistrate shall
take the Recognizance of any Person to appear at the Supreme
Court, the Magistrate shall be bound to return the Depositions taken
in the case, and to bind over the Witnesses to appear and give
Evidence in like Manner as if he had committed the Party to take
his Trial at such Court.


XXXVII. And be it further enacted and ordained , That it shall Expenses of remov-
be lawful for the Superintendent or other Officer of Police to require ing Obstructions, &c.
any Person whose Duty it shall be to remove any Filth or Obstruction ,
or to do any other Matter or Thing required to be done by this
Ordinance,