the-ordinances-of-the-legislative-counci-1890 — Page 262

226 ORDINANCE No. 6 OF 1847.


Magistrates- Summary Jurisdiction.


Magistrate to de 4. And be it further enacted and ordained, that such Magistrate or Magistrates,
cide in cases of
larceny when the Justice or Justices , shall have power, authority, and jurisdiction , to decide in all cases
property stolen
shall not exceed
£10 in value. of larceny where the property stolen shall not exceed ten pounds in value, provided
that in any case no greater punishment shall be awarded than is sanctioned by this
Ordinance.

Corporal punish 5. And be it further enacted and ordained, that in all cases where it shall be
ment not to ex
ceed sixty stripes, necessary to inflict corporal punishment on offenders under this Ordinance, such
and to be inflict
ed with a cane.
punishment shall not at any one time exceed sixty stripes, to be inflicted with a cane
or rattan.

Persons not 6. And be it further enacted and ordained, that persons having no ostensible.
being able to
give a satisfacto
ry account of means of livelihood, and being of evil fame or reputed thieves, and found wandering
themselves
liable to the about the streets and roads, and not able to give satisfactory account of themselves,
punishment
prescribed by and it appearing upon oath, that there is just ground to believe that they were there
this Ordinance ;
and if unre
gistered, to be with intent to commit felony, may be punished by such Magistrates or Justices or any
sent out of the
Island. of them in the manner prescribed by this Ordinance ; and if such persons being Chinese
be not registered under Ordinance No. 7 of 1846, it shall be lawful for such Magistrate
or Magistrates, or Justice or Justices, in addition to any other punishment, to direct
such persons to be sent out of the Island of Hongkong without delay.

Appeal to 7. And be it further enacted and ordained, that in all cases where any person so
Supreme Court
allowed. on trial shall be convicted , it shall be lawful for him at the time of his conviction, to
signify to the said Magistrates his intention of appealing against such conviction to
the criminal sessions of the Supreme Court, then next ensuing, and in such case, the
presiding Magistrate shall certify in writing such fact, and deliver to the sheriff or his
deputy, such certificate with a certified copy of the information, depositions, the nature
of the sentence, and all documentary evidence or records whatsoever connected with
the trial, whereupon the sheriff or his deputy shall lodge the said writings and
documents with the Registrar of the Supreme Court, and have the body of the offender
at the said ensuing sessions, in order that the said appeal may be tried and determined
thereat.

Writings and 8. And be it further enacted and ordained , that in case the detention in the said
depositions to be
given as Colony until the trial of such appeal of all or any of the witnesses who appeared at the
evidence in
appeal. Court below should be attended with expense to the Crown or prosecutor, it shall be
lawful for the Crown or any public prosecutor to produce at the trial at the said ensuing
sessions all such writings and depositions as were taken or used at the trial before the
Magistrates, and the same, subject to all just exceptions, shall be deemed legal evidence
of the facts therein contained, or deposed to, without producing the witnesses or
deponents in person, should such witnesses or deponents be then absent from the
Colony.

Depositions and 9. And be it further enacted and ordained , that on the trial of the said appeal,
certificate of
sentence of the depositions and the said certificate containing the sentence of the said Magistrate