hongkong-colonial-ordinances-1847 — Page 28

7° VICTORIE.- No. 10 OF 1844. 23


Justice :) Provided that such Summons shall direct the Party so to
appear at a Time and Place certain, to be named in such Summons.


III. And be it enacted, That the Justice or Justices before whom Evidence to be taken
down, and subscribed
any Person may be convicted in Manner aforesaid, shall take the by Witness andJustice.
Evidence upon Oath of the Witnesses both for and against the
Defendant, and also the Statement of the Defendant himself, and
shall put the same, or the material Parts thereof, into Writing, and
shall cause the said Witnesses and the said Defendant, to subscribe
such Depositions or Statement, and he or they shall also subscribe
the same, and return the same in the manner hereinafter directed.


IV. And be it enacted, That it shall and may be lawful for any Justice to issue War-
Justice of the Peace, when any Information shall be exhibited before rant for apprehension
of Defendant in certain
him, and in the Opinion of such Justice it shall be fit and proper so cases.
to do, to grant a Warrant under his Hand, directed to some Constable,
Peace-officer, or other proper Person, directing such Constable, Peace-
officer, or other proper Person, to take any Offender, against whom
such Information shall be laid, and to bring him before such Justice
or Justices ofthe Peace, as the case may require, at a Time and Place
to be named in such Warrant.

Offenders to be ap-
V. And be it enacted, That it shall be lawful for any Person
prehended, and con-
whatsoever, to require any Person , who shall commit in his presence veyed before a Justice
any Offence, which is or shall be punishable in a Summary Way, to of the Peace.
accompany him forthwith to the nearest Justice of the Peace, or to
tell his full Name and Place of Abode ; and in case such Person shall,
after being so required, offend by refusing to go before such Justice
of the Peace, or to tell his real Name and Place of Abode, or by giving
such a Description of his Place of Abode as shall be Illusory for the
Purpose of Discovery, it shall be lawful for the Party so requiring as
aforesaid, and also for any Person acting in his Aid, to apprehend
such Offender, and to convey him, or cause him to be conveyed, as
soon as conveniently may be, to the nearest Justice of the Peace, who
shall have full Power to require Security for the due Appearance of
such Person, and to commit him for Want thereof, or shall make such
Order therein as the Case may require : And any Person offending
against the Provisions of this Section (whether so apprehended or
not) shall, on Conviction thereof in a Summary Way before any
Justice of the Peace, forfeit and pay such Sum of Money, not exceed-
ing Fifty Dollars, as to the convicting Justice shall seem meet, in
Addition to any other Penalty he may have incurred : Provided
always, that no Person so apprehended shall, on any Pretence what-
soever, be detained for a longer Period than Twelve Hours ; and if he
cannot, on account of the Absence or Distance of the Residence of
any such Justice of the Peace, be brought before a Justice of the
Peace within the Time aforesaid, then the Person so apprehended
shall be discharged, but may nevertheless be proceeded against for
his Offence, by Summons or Warrant, as if no such Apprehension
had taken Place.


VI. And be it enacted, That every Justice of the Peace, before Justice to return
Convictions to Gene-
whom any Person shall be convicted in a Summary Manner, shall ral Quarter Sessions.
transmit such Conviction, with the Depositions and Examinations
hereinbefore directed to be taken, to the next Court of General
Sessions