hongkong-colonial-ordinances-1847 — Page 169

9° VICTORIE.-No 3 OF 1846. 31

LIV. And be it further enacted and ordained, That every such Adjudication and
Order to be final, un-
Adjudication as aforesaid by the said Court as aforesaid, with less obtained on False
respect to any Prisoner, and the Order thereupon, so made as afore- Evidence, &c. , in which
case Court may order
said, shall be final and conclusive, and shall not be received by the a Re-hearing.
said Court, unless the said Court shall thereafter see good and
sufficient Cause to believe that such Adjudication has been made
on false Evidence, or otherwise improperly made or fraudulently
obtained ; in which Case it shall be lawful for the said Court, upon
the Application of such Prisoner, or of any Creditor of such Prisoner,
to order such Prisoner, upon due Notice to be given to such Persons,
and in such Manner as the said Court shall direct, to attend , or to be
brought up, and the said Matter to be reheard before the said Court,
as the Case may require, who shall thereupon rehear the same, and
shall and may, if just Cause shall appear, annul the original
Adjudication and Order thereupon made in such Case, and shall have
the same Powers and Authorities upon such Rehearing as upon any
original Hearing in pursuance of this Ordinance, and may adjudicate
in such Matter accordingly ; and thereupon, in case the former
Adjudication in the said Matter shall not be confirmed, such Order,
Certificate, and Warrant shall be made as required by this Ordinance
to be made upon such original Adjudication ; and the said Court
shall and may, if necessary, remand the said Prisoner to the same
Custody in which he was at the Time of the former Hearing of the
Matters of his Petition, there to be subject to Imprisonment as if the
former Adjudication therein had not been made ; and thereupon all
Detainers which were in force against such Prisoner at the Time of
his former Discharge from Custody shall be deemed to be still in
force against him as if such former Adjudication had not been made ;
and the Gaoler or Keeper of the Prison to which such Prisoner shall
be so remanded shall and is hereby required to receive such Prisoner
into his Custody in pursuance of such Remand, for doing which the
Order of Remand in such Case shall be his sufficient Warrant ; and Insolvent refusing
to appear may be ap-
where in any Case such Prisoner shall refuse or neglect to appear prehended, &c.
before the said Court according to such Order for Rehearing as
aforesaid, a Copy whereof shall have been duly served on such
Prisoner, it shall be lawful for the said Court to order such Prisoner
to be apprehended, and committed to Custody in such Prison as the
said Court shall direct, and to issue its Warrant accordingly, and to
cause such Prisoner to be brought up for Examination as often as to
the said Court shall seem fit : Provided always, that where upon In Adjudication of
such Rehearing it shall appear to the said Court that such Prisoner Discharge on Re-hear-
ing, the Time since
is not entitled to the Benefit of this Ordinance until some future Period, former Hearing not to
according to the Provisions hereinbefore contained , the said Court
shall and may, if it shall appear reasonable, adjudge the Discharge
of such Prisoner at such future Period to be calculated without
including the Time during which such Prisoner shall have been
out of Custody since the Time appointed for his Discharge by such
former Adjudication as aforesaid.


LV. Provided always, and be it further enacted and ordained, Where an Order of
That ifin any Case an Order or Warrant for the Discharge of any such Discharge has beenthe
sued by Mistake, is-
Prisoner shall have issued erroneously, and which is not pursuant Court may revoke and
to the Adjudication made in that behalf, it shall be lawful for the amend the same.
said Court, on such Error being shewn to the said Court, to revoke
such Order and Warrant, and to annul, suspend , or amend the same,
according