the-ordinances-of-the-legislative-counci-1890 — Page 67

ORDINANCE No. 10 OF 1844. 31


Justices ofthe Peace - Summary Jurisdiction.


received in pursuance of any adjudication , conviction , or order, had or made
at any of the said offices, or any process, or warrant, and shall be strictly
accountable for such fees, penalties, and forfeitures , to Her Majesty , Her
Heirs and Successors , and shall pay over the same to the Colonial Treas
urer, from time to time, as they may be required .
20. And be it further enacted , that in all cases where , by any ordi Distribution
of penalties.
nance, a pecuniary penalty is or shall be imposed , the amount of every
such penalty, within the limits prescribed , shall be in the discretion of the
convicting Justice, and that every penalty awarded by such Justice, and
declared to be payable to Her Majesty, Her Heirs and Successors, shall
(except it shall be otherwise specially provided by any ordinance) be
paid one moiety thereof, and such other part thereof as shall not be ad

judicated to be paid in the manner hereinafter next mentioned , to the use
of Her Majesty , Her Heirs and Successors , for the public uses of the
Colony of Hongkong , and the support of the Government thereof; and

the other moiety , or such part thereof as shall be adjudged by the Justice
convicting, to the use of the informer, or party prosecuting, or complain
ing, or who shall have suffered any damage from the act of theoffender,
and such parties shall, if the convicting Justice shall so order, but not
otherwise, also be entitled to their costs and charges, over, and above such
penalty, to be ascertained and assessed as aforesaid.

21. And be it enacted , that no person shall, by reason of the applica Witnesses not
to be rendered
tion of any penalty to his use, or of his being otherwise interested in the incompetent
by interest.
event of the cause, directly or indirectly, be deemed to be incompetent as
a witness , before any Court of Justice , or Justice of the Peace, in any
proceeding whatsoever, whether civil or criminal.
22. And be it enacted , that in all cases where any complaint shall be Justice to
take recogni
made against any person , the Justice, by or before whom such complaint zance forgood
behaviour,
shall be heard, may , if he shall so think proper, require the party complained
against, and whether such party shall be convicted or not, on such com
plaint, to enter into a recognizance, with two sufficient sureties for his
good behaviour, for such term, and in such sum, as such Justice shall
think proper, so as such term do not exceed twelve months, nor such sum
two hundred dollars .

23. And be it enacted, that from and after the taking effect of this Limitation of
prosecutions.
Ordinance, no person shall be liable to be convicted by any Justice, in a

summary manner as aforesaid , unless upon information laid, and had
before a Justice of the Peace, authorized to receive the same, within the