Mode of com pearance of Persons punishable on summary Con viction. Malicious Injuries to Property. LII. Where any Person shall be charged on the Oath, Affirpelling the Ap-mation, or Declaration of a credible Witness before a Police Magistrate, with any Offence punishable on summary Conviction under this Ordinance, the Magistrate may summon the Person charged to appear at a Time and Place to be named in such Summons; and if he shall not appear accordingly, then (upon Proof of the due Service of the Summons upon such Person by delivering the same to him personally, or by leaving the same at his usual Place of Abode) the Magistrate may either proceed to hear and determine the Case ex parte, or issue his Warrant for apprehending such Person and bringing him before himself or some other Police Magistrate; or the Magistrate before whom the Charge shall be made may (if he shall so think fit), without any previous Summons (unless where otherwise specially directed), issue such Warrant; and the Magistrate before whom the Person charged shall appear or be brought shall proceed to hear and determine the Case. Abettors in Offences punishable on viction. LIII. Whosoever shall aid, abet, counsel, or procure the Commission of any Offence which is by this Ordinance punishable on summary Conviction, either for every Time of its Commission, or summary Con- for the First and Second Time only, or for the First Time only, shall, on Conviction before a Police Magistrate, be liable, for every First, Second, or subsequent Offence of aiding, abetting, counselling, or procuring, to the same Forfeiture and Punishment to which a Person guilty of a First, Second, or subsequent Offence as a principal Offender is by this Ordinance made liable. Application of Forfeitures and Penalties upon summary Convictions. Proviso where several Persons join in Commission of same Offence. If a Person summarily convicted shall not pay, &c., the Magistrate may commit him. LIV. Every Sum of Money which shall be forfeited for the Amount of any Injury done shall be assessed in each Case by the convicting Magistrate, and shall be paid to the Party aggrieved, except where he is unknown, and in that Case such Sum shall be applied in the same Manner as a Penalty; and every Sum which shall be imposed as a Penalty by a Police Magistrate, whether in addition to such Amount or otherwise, shall be paid to Her Majesty for the Use of the Colony and in support of the Government thereof: Provided that where several Persons shall join in the Commission of the same Offence, and shall, upon Conviction thereof, each be adjudged to forfeit a Sum equivalent to the Amount of the Injury done, in every such Case no further Sum shall be paid to the Party aggrieved than such Value or Amount; and the remaining Sum or Sums forfeited shall be applied in the same Manner as any Penalty imposed by a Police Magistrate as herein-before directed to be applied. LV. In every Case of a summary Conviction under this Ordinance, where the Sum which shall be forfeited for the Amount of the Injury done, or which shall be imposed as a Penalty by the Magistrate, shall not be paid, either immediately after the Conviction, or within such Period as the Magistrate shall, at the Time of the Conviction, appoint, the convicting Magistrate (unless where otherwise specially directed) may commit the Offender to the Common Gaol, there to be imprisoned only, or to be imprisoned and kept to Hard Labour, according to the Discretion of the Magistrate, for any Term not exceeding Two Months, where Malicious Injuries to Property. where the Amount of the Sum forfeited, or of the Penalty imposed, or of both, (as the Case may be), together with the Costs, shall not exceed Twenty-five Dollars; and for any Term not exceeding Four Months where the Amount, with Costs, shall not exceed Fifty Dollars; and for any Term not exceeding Six Months in any other Case; the Commitment to be determinable in each of the Cases aforesaid upon Payment of the Amount and Costs. LVI. Where any Person shall be summarily convicted before Magistrate a Police Magistrate of any Offence against this Ordinance, and it may discharge shall be a first Conviction, the Magistrate may, if he shall so think Offender in fit, discharge the Offender from his Conviction upon his making such Satisfaction to the Party aggrieved for Damages and Costs, or either of them, as shall be ascertained by the Magistrate. certain Cases. other Proceeding. LVII. When any Person convicted of any Offence punishable Summary Conupon summary Conviction by virtue of this Ordinance, shall have viction shall be paid the Sum adjudged to be paid, together with Costs, under a bar to any such Conviction, or shall have received a Remission thereof from the Crown, or from the Governor, or shall have suffered the Imprisonment awarded for Non-payment thereof, or the Imprisonment awarded in the first Instance, or shall have been so discharged from his Conviction by any Magistrate as aforesaid, he shall be released from all further or other Proceedings for the same Cause. LVIII. All Actions and Prosecutions to be commenced against Notice of any Person for anything done in pursuance of this Ordinance Action. shall be commenced within Six Months after the Fact committed, and not otherwise; and Notice in Writing of such Action, and of the Cause thereof, shall be given to the Defendant One Month at least before the Commencement of the Action; and in any such Action the Defendant may plead the General Issue, and give General Issue. this Ordinance and the Special Matter in Evidence at any Trial to be had thereupon; and no Plaintiff shall recover in any such Action if Tender of sufficient Amends shall have been made before such Action brought, or if a sufficient Sum of Money shall have been paid into Court after such Action brought, by or on behalf of the Defendant; and if a Verdict shall pass for the Defendant, or the Plaintiff shall become Nonsuit, or discontinue any such Action after Issue joined, or if, upon Demurrer or otherwise, Judgment shall be given against the Plaintiff, the Defendant shall recover his full Costs as between Attorney and Client, and have the like Remedy for the same as any Defendant has by Law in other Cases; and though a Verdict shall be given for the Plaintiff in any such Action, such Plaintiff shall not have Costs against the Defendant, unless the Judge before whom the Trial shall be shall certify his Approbation of the Action. LIX. Whenever Imprisonment, with or without Hard Labour, Hard Labour. may be awarded for any indictable Offence under this Ordinance, the Court may sentence the Offender to be imprisoned, or to be imprisoned and kept to Hard Labour, and such Sentence shall be carried out in accordance with the Provisions of Ordinance No. 4. of 1863, Section XV. LX. When Solitary Confinement and Whipping. Fine and Sure ties for keeping the Peace, in what Cases. No Summary Want of Form. Procedure in tion. Malicious Injuries to Property. LX. Whenever Solitary Confinement may be awarded for any indictable Offence under this Ordinance, the Court may direct the Offender to be kept in Solitary Confinement for any Portion or Portions of his Imprisonment, or of his Imprisonment with Hard Labour, not exceeding One Month at any One Time, and not exceeding Three Months in any One Year; and whenever Whipping may be awarded for any indictable Offence under this Ordinance, the Court may sentence the Offender to be once privately whipped; and the Number of Strokes, which shall in no case exceed Forty, and the Instrument with which they shall be inflicted, shall be specified by the Court in the Sentence. LXI. Whenever any Person shall be convicted of any indictable Misdemeanor punishable under this Ordinance, the Court may, if it shall think fit, in addition to or in lieu of any of the Punishments by this Ordinance authorized, fine the Offender, and require him to enter into his own Recognizances, and to find Sureties, both or either, for keeping the Peace and being of good Behaviour; and in case of any Felony punishable under this Ordinance, the Court may, if it shall think fit, require the Offender to enter into his own Recognizances, and to find Sureties, both or either, for keeping the Peace, in addition to any Punishment by this Ordinance authorized: Provided that no Person shall be imprisoned under this Clause for not finding Sureties for any Period exceeding One Year. LXII. No summary Conviction under this Ordinance shall be quashed for Want of Form, nor be removed by Certiorari; and no Warrant of Commitment shall be held void by reason of any Defect therein, provided it be therein alleged that the Party has been convicted, and there be a valid Conviction to sustain the same. LXIII. Every Offence under this Ordinance made punishable on summary Conviction by a Police Magistrate, shall be prosecuted, mary Convic- tried, and determined in the Manner directed by Ordinance No. 10. of 1844, and every such Magistrate shall have, and is hereby invested with, full Jurisdiction, Power, and Authority, to deal with, inquire of, try, determine, and punish, every Offence under this Ordinance made punishable on summary Conviction by a Police Magistrate. Commencement of Ordi nance. LXIV. This Ordinance shall commence and take effect on the Fourteenth Day of June, in the Year One Thousand Eight Hundred and Sixty-five. Neutrality. No. 9. OF 1865. An Ordinance to give Effect to Her Majesty's Regulations Title. 6 WHEREAS Her Majesty has expressed her full Determi- Preamble. nation to observe the Duties of Neutrality during the existing Hostilities between the United States and the States calling themselves the Confederate States of America, and has ' resolved to prevent, as far as possible, the Use of Her Majesty's 'Harbours, Ports, and Coasts and the Waters within Her Majesty's territorial Jurisdiction in aid of the Warlike Purposes of either 'Belligerent:-And whereas in furtherance of such Her Majesty's 'Determination so expressed as aforesaid Her Majesty has ' (amongst other Things) caused it to be notified and published that no Ship of War or Privateer of either Belligerent should be permitted while in any Port, Roadstead or Waters subject to the territorial Jurisdiction of Her Majesty to take in any Supplies, except Provisions and such other Things as might be ' requisite for the Subsistence of her Crew, and except so much 'Coal only as would be sufficient to carry such Vessel to the 'nearest Port of her own Country or to some nearer Destination, ' and that no Coal should be again supplied to any such Ship of • War or Privateer in the same or any other Port, Roadstead, or Waters subject to the territorial Jurisdiction of Her Majesty ' without Special Permission, until after the Expiration of Three 'Months from the Time when such Coal should have been last 'supplied to her within British Waters as aforesaid; And 'whereas the Circumstances of this Colony are such as to render 'it necessary in order to give full Effect to Her Majesty's 'Intention as aforesaid that Recourse be had to local Enactment :' Be it therefore enacted by His Excellency the Governor of Hongkong, by and with the Advice of the Legislative Council thereof, as follows: within this I. Whosoever shall, within this Colony or the Waters thereof, Furnishing knowingly furnish or supply or shall knowingly contract or agree Arms, Ammuto furnish or supply, or shall knowingly aid or assist in fur- nition, &c., nishing or supplying or shall knowingly cause or procure to Colony, &c., to be furnished or supplied to, or for the Use of, any Ship of Ships of War, War or Privateer of the United States of North America or of &c., of either the States calling themselves the Confederate States of America, Belligerent whilst such Ship of War or Privateer is within the Waters of this Colony, or within any Distance from this Colony, not exceeding Five Miles, any Arms, Ammunition, Gunpowder, or Naval or Military Stores, or shall, within this Colony or the Waters thereof, put on Board, or shall contract or agree to put on Board, or shall aid or assist in putting on Board, or shall cause or procure to be put on Board of any Vessel, Boat, Sampan, or other Craft, any Arms, Ammunition, Gunpowder, or Naval or Military Stores, with the Intent and Design that the same may be conveyed to any such Ship of War or Privateer as aforesaid Kk whilst in the Waters of this Colony or within a Distance of Five Miles, to be deemed a Misdemeanor. Furnishing Coals, &c., within this Colony, &c., to Ships of War, &c., of either Belligerent whilst in the Waters or within a Distance of Five Miles aforesaid, whilst such Ship of War or Privateer is in the Waters of this Colony aforesaid, or within the Distance from this Colony aforesaid, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years. II. Whosoever shall, within this Colony or the Waters thereof, without the Leave or License of the Governor for that Purpose first had and obtained, knowingly furnish or supply, or knowingly contract or agree to furnish or supply, or knowingly cause or 'procure to be furnished or supplied to, or for the Use of, any Ship of War or Privateer of the United States of North America or of the States calling themselves the Confederate States of America, whilst such Ship of War or Privateer is within the Waters of this of this Colony Colony, or within any Distance from this Colony not exceeding Five Miles, Coal or other Article, or shall within this Colony or the Waters thereof without such Leave or License as aforesaid, put on Board, or contract or agree to put on Board, or aid or Licence of the assist in putting on Board, or cause or procure to be put on Board of any Vessel, Boat, Sampan, or other Craft any Coal or other Article, with the Intent and Design that the same may be conveyed to any such Ship of War or Privateer as aforesaid, whilst such Ship of War or Privateer is in the Waters of this Colony aforesaid or within the Distance from this Colony aforesaid, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years. without the Governor, to be deemed a Misdemeanor. Interpretation Title. III. In the Construction, and for the Purposes of this Ordinance, the Term "other Article," as used in the second Section hereof, shall apply to, and comprehend, all Articles other than and except Arms, Ammunition, Gunpowder, and Naval and Military Stores. Preamble. Interpretation of Terms. Current Gold and Silver Coin. Copper Coin. No. 10. OF 1865. An Ordinance to consolidate and amend the Enactments in WH I. In the Interpretation of and for the Purposes of this Ordi nance, The Expression "the Queen's current Gold or Silver Coin," And |