the-ordinances-of-the-legislative-counci-1890 — Page 55

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ORDINANCE No. 8 OF 1844 . 19


Distillation of Spirits.


the Peace shall direct, and the said still, or vessel, and all spirits, and other materials Such still abso
lutely forfeited
being prepared for distillation , shall be absolutely forfeited, and the proprietor, or proprietor or
owner of house
or person in
owner, or occupier of any house, or place, where any such private and concealed still, whose custody
still &c. is found
utensil, or vessel, shall be so found , and seized , or the person or persons in whose liable to penalty
of five hundred
custody, the same shall be found, shall be liable to, and pay the penalty, or sum of, not dollars.

exceeding five hundred dollars, exclusive of, and in addition to any other penalty, he
may be liable to , and if any person shall obstruct oppose molest or hiuder such Justice Obstructing
Justice or other
of the Peace, Officer of Customs, or other person aforesaid, in the due searching for, and officer.

seizing any such private, and concealed still, or other utensil, or other vessel , spirits, and
other materials for distillation, or in detaining, keeping, or removing the same, or any
of them after seizure, then, and in every such case, every person so offending, shall
forfeit a sum, not exceeding five hundred dollars. Penalty.

5. And be it further enacted and ordained, that in case any such Justice of the Justice or officer
empowered to
Peace, Officer of Customs, or other person as aforesaid, after having demanded admittance enter such house
or place.
into the house, or place where such private and concealed still, utensil, or vessel for the
distillation of spirits, is reasonably suspected to be kept and used, shall not be imme
diately, and without the least delay admitted into such house, or place, it shall, and And after
demand and not
may be lawful for such Justice of the Peace, Officer of Customs, or other person as afore admitted to
break therein.
said, being accompanied by a peace officer, by force to break into, and enter such house,
or place, and make search therein, and every person found in such house, or place, after
admittance demanded and refused , shall for every such offence forfeit, and pay a penalty, Penalty for
refusal.
not exceeding five hundred dollars.

6. And be it further enacted and ordained , that all fines , penalties, and forfeitures Recovery of
penalties.
imposed, and accruing under this Ordinance, shall be sued for, and recovered in such
Supreme Court of Judicature as shall hereafter be erected in Hongkong, or by summary
proceedings to be had before the Chief Magistrate of Police, or before any two Justices
of the said Colony of Hongkong.

7. And be it further enacted , and ordained that all fines , penalties, and forfeitures , Fines &e, to be
paid one halfto
which shall be levied, and enforced under this Ordinance, shall, after deducting the the Queen and
one half to the
witnesses &c.
charges of prosecution, from the proceeds thereof, be divided , paid, and applied as
follows ; that is to say, the moiety, or one half of the net proceeds thereof, shall be
paid to the said Chief Magistrate, for the use of Her Majesty Her Heirs , and Successors ,
to be applied to the public uses of the said Colony, and the other moiety, or half part
thereof shall be paid , and distributed to , and among such person or persons, who shall
have assisted in the seizure of, or have given information , or evidence leading to the con
viction of the offender or offenders , in such portions, as the said Court, Chief Magistrate,
or Justices adjudicating upon the matter, shall in their discretion think proper, and any
overplus of such last mentioned moiety, or half part shall be paid to the said Chief
Magistrate for the purposes aforesaid. [ Repealed by Ordinance No. 9 of 1864 and
new words substituted.]
[ Repealed by Ordinance No. 21 of 1886. ]