the-ordinances-of-the-legislative-counci-1890 — Page 63

HK Historical Laws 香港歷史法例 All


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ORDINANCE No. 10 oF 1844 . 27


Justices ofthe Peace - Summary Jurisdiction.


shall have been, or shall be in that behalf provided , that it shall be lawful
for such person to appeal against such judgment, or conviction , in the

manner hereinafter provided , that is to say, if such person (in case a
pecuniary penalty shall have been awarded) shall pay into the hands of
the convicting Justice, or one of the convicting Justices, double the full

amount of such penalty, together with the assessed costs and charges ,
within one week next after such conviction , or within such time greater
or less , as the convicting Justice or Justices shall determine, or ( in case
no pecuniary penalty shall have been awarded ) shall forthwith enter into a

bond to Her Majesty , Her Heirs and Successors , in such reasonable
amount as the convicting Justice or Justices may require with two
sufficient sureties , to be approved by such convicting Justice or Justices ,
conditioned to prosecute such appeal with effect, and to abide the event
of the same appeal, and to pay the full amount of all such penalties and
costs as shall or may on such appeal be awarded against the appealing
party, then it shall be lawful for such person to appeal from such judgment ,
or conviction , to such general sessions of Magistrates, as may hereafter
be directed to be held from time to time in Hongkong, unless such

sessions shall be held within six days next ensuing, and in that case to
the general sessions next but one afterwards. And the Justices at such Justices to
decide the
sessions so assembled , shall hear, and thereupon finally determine, the matter de
noro.
matter of every such appeal in a summary way, and their judgment thereon ,
shall be final and conclusive to all intents and purposes ; ( unless any

writ of certiorari or error shall afterwards be allowed ) and such Justices.
at such sessions so assembled , are upon such appeal hereby authorized to
decide upon the matter de novo, and to award in a summary manner such
greater, or lesser imprisonment, or penalty, than that appealed against,
and such costs to be paid by either party or to make such other orders
therein , as shall appear just and expedient, and the circumstances may
require.


10. And be it enacted that the person or persons to whom such writ Depositions to
be returned
of certiorari shall, or may be directed , shall, and he and they are hereby with certi
orari.
directed to return to the Supreme Court of Judicature aforesaid , with the
conviction by such writ ordered to be returned the depositions , and
examinations hereby ordered to be taken by such convicting Justice or
Justices, and upon the hearing of such case it shall , and may be lawful
for the said Court to inspect, and examine such depositions, and

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