hongkong-colonial-ordinances-1847 — Page 29

24 COLONIAL ORDINANCES.


Sessions of Magistrates which shall be holden in the said Colony of
Hongkong, there to be kept by the proper Officer among the Records
of the said Court.

Certiorari to be al- VII . And whereas Doubts may arise as to the Application of
lowed
certain in all cases on divers Acts and Statutes of the Imperial Parliament of Great Britain ,
Conditions.
whereby the removal of Convictions, Orders, and other Proceedings,
had or made by or before Justices of the Peace is denied and taken
away : Be it enacted, That such Acts and Statutes aforesaid, as far
as they relate to the Non-removal of such Convictions, Orders, and
other Proceedings, shall be deemed and taken not to extend to this
Colony or its Dependencies, nor to be in Force within the same : Pro-
vided always, and be it enacted, that no Writ of Certiorari shall be
granted or allowed, to remove any Conviction, Judgment, or other
Proceeding had or made by any Court of General Sessions of Magis-
trates, or before any Justice or Justices of the Peace in a Summary
Manner, unless the Party or Parties prosecuting such Certiorari,
before the Allowance thereof, shall enter into a Recognizance, with
sufficient Sureties, before the convicting Justice or Justices, as the
Case may be, or before any Judge of such Supreme Court of Judica-
ture as may hereafter be erected at Hongkong, in the Sum of Two
Hundred Dollars, in Addition to the Pecuniary Penalty, (if any shall
have been inflicted, ) with Condition to prosecute such Certiorari at
his or their own Charges with Effect without any Delay, and to pay
the Party or Parties in whose Favour or for whose Benefit such
Judgment or Order was made, within One Week after such Judgment
or Order shall be confirmed, their full Costs and Charges, as between
Attorney and Client ; and in case the Party or Parties prosecuting
such Certiorari shall not forthwith enter into such Recognizance, or
shall not perform the Conditions aforesaid , it shall be lawful for the
said Justice or Justices to proceed and make such further Order for
the Benefit of the Party or Parties for whom such Judgment shall be
given, in such Manner as if no Certiorari had been granted ; nor shall
any Writ ofCertiorari be granted , issued forth, or allowed, unless it shall
be moved and applied for on Special Grounds, within One Month
next after such Conviction, Judgment, Order, or other Proceeding
shall be had or made, nor unless it shall be duly proved that the
Party or Parties suing forth the same hath or have given Four Days'
Notice thereof in Writing to the convicting Justice or Justices, or
any of them, containing the Ground of his or their Objections, to the
End that such Justice or Justices may shew Cause, if he or they
shall so think fit, against the issuing or granting of such Certiorari ;
and upon the return of such Certiorari, no Objections shall be taken
by the Party suing forth the same, other than such as shall be stated
in the said Notice.

Witnesses not ap-
VIII. And be it further enacted , That if any Person shall be
pearing.
summoned to appear as a Witness, to give Evidence before any such
Justice or Justices, touching any of the Matters aforesaid, and shall
neglect to appear at the Time and Place for that Purpose appointed,
without a reasonable Excuse for such Neglect, every such Person
shall, for every such Offence, forfeit and pay a Penalty of not more
than One Huudred Dollars, which said Penalty shall and may be
recovered by Proceeding before any one Justice of the Peace, who is
hereby authorized to Hear and Determine such Offence in a Summary
Way,