Distillation of Spirits.

terials whatsoever, and all Rectifying and Compounding thereof, within this Colony and its Dependencies, shall be, and the same is hereby prohibited.

No Person to keep or use a Still under a

II. From and after the Passing of this Ordinance, it shall not be lawful for any Person, except as herein-after is excepted, to have, keep, or make Use of any Still, or other Utensil or Vessel for distilling Spirits, in any Place or Part of the Colony and its Dependencies, under a Penalty of a Sum not exceeding Two hundred DolThousand Five hundred Dollars, to be recovered as herein lars. directed.

thousand five

have Stills of Eight Gallons

Contents.

[*See Ord. No.6

of 1862.]

III. It shall and may be lawful for the Chief Magistrate of Apothecaries, Police, or other Person to be appointed by the Governor for that Chemists, and Purpose, to issue a Licence free of all Charge to any Apothecary, Druggists may Chemist, or Druggist, applying for the same, to keep and use on his Premises, a Still of not more than Eight Gallons Contents, for the Purposes of his Trade only, provided that every Person wishing to keep such Still shall notify his Intention so to do to the Chief Magistrate, or other Person appointed as aforesaid, who shall thereupon require such Person to give a Bond, with Two sufficient Sureties, in the Sum of One Thousand Dollars, that he will not make use of such Still, or suffer it to be made use of, except for the Preparation of Medicines, or other Articles required bonâ fide for Medical Purposes, and every such Person found to have such Still, without having entered into such Bond and obtained such Licence, shall forfeit and pay a Sum not exceeding Two Thousand Five Hundred Dollars.

IV. It shall and may be lawful for any Justice of the Peace, Officer of Customs, or other Person duly and lawfully authorized, having reasonable Grounds to believe and suspect that any private and concealed Still, or other Utensil or Vessel for the Distillation of Spirits, is set up or kept in any House or Place within the Colony or its Dependencies, to enter into such House or Place in the Daytime, and accompanied by a Peace Officer, to search for and seize any such Still, Utensil, or Vessel, and also all Spirits, and other Materials preparing for Distillation, and either to detain and keep the same in the House or Place where found, or to remove the same to the Customs, or Police Office, or other Place in Charge of the Officer of Customs, or Chief Police Magistrate, or as they or one of them or any Justice of the Peace shall direct, and the said Still or Vessel, and all Spirits, and other Materials being prepared for Distillation, shall be absolutely forfeited, and the Proprietor, or Owner, or Occupier of any House or Place where any such private and concealed Still, Utensil, or Vessel, shall be so found and seized, or the Person or Persons in whose Custody the same shall be found, shall be liable to and pay the Penalty or Sum of not 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 hinder a such Justice of the Peace, Officer of Customs, or other Person aforesaid, in the due searching for and seizing any such private and concealed Still or other Vessel, Spirits, and other Materials for Distillation, or in detaining, keeping, or removing the same,

ог

Justice of the Peace, Officers of Customs, or other Person duly appointed,

suspecting private Distillation may enter House or Place and seize Still.

Such Still obsolutely forfeited. Propri

etor or Owner
of House, or
Peron in'
whose Custody
Still, &c. is
found, liable to
Penalty of
Dollars.
Obstructing
Justice or other
Officer.

Five hundred

Penalty.

Justice or Offi. cer empowered to enter such

House or Place.

And after De

mand and not admitted, to break therein.

Penalty for Re-
fusal.
Recovery of
Penalties.

Fines, &c. to be paid one half to the

Queen and one half to the

Witnesses, &c.

Title.

Preamble.

Proceedings

Distillation of Spirits.

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.

V. In case any such Justice of the Peace, Officer of Customs, or other Person as aforesaid, after having demanded Admittance 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 immediately and without the least Delay admitted into such House or Place, it shall and may be lawful for such Justice of the Peace, Officer of Customs, or other Person as aforesaid, 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 not exceeding Five Hundred Dollars.

VI. All Fines, Penalties, and Forfeitures 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 this Colony.

VII. All Fines, Penalties, and Forfeitures, which shail be levied and enforced under this Ordinance, shall, after deducting the 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 Chief Magistrate, for the Use of Her Majesty, Her Heirs, and Successors, to be applied to the public Uses of the Colony, and the other Moiety, or Half Part thereof, shall be paid and distributed to and amongst such Person or Persons who shall have assisted in the Seizure of, or have given Information or Evidence leading to the Conviction of the Offender or Offenders, in such Portions as the said Court, Chief Magistrate, or Justice adjudicating upon the Matter, shall in their Discretion think proper; and if such lastmentioned Moiety or any Portion thereof shall not be claimed within Six Months, then the same shall be disposed of as the firstmentioned Moiety.

No. 10. of 1844.

An Ordinance to regulate summary Proceedings before Jus-
tices of the Peace, and to protect Justices in the Execution
of their Office.
[10th April 1844.]
WHEREAS it is expedient and necessary to make Provision
for regulating and for securing Uniformity in summary Pro-
ceedings before Justices of the Peace, and to afford due Protec-
tion to Justices in the Execution of their Office:' Be it enacted
by His Excellency the Governor of Hongkong, with the Advice
of the Legislative Council thereof, as follows:

I. From and after the Passing of this Ordinance the Provisions before Justices. hereof shall extend to all Cases wherein by any English Law or

Statute,

Justices of the Peace.

Statute, or by any Ordinance enacted in this Colony, any Proceeding shall have been, or shall be, or is by this Ordinance directed to be had, or Matter authorized to be heard and determined, by or before any Magistrate of Police, or before any Justice or Justices of the Peace, or in a summary Way; and it One Justice to shall be lawful for any one Justice to receive the Information or adjudicate. Complaint and to issue the Summons or Warrant requiring the Parties and Witnesses to appear before himself, or before any Two or more Justices, as the Case may require; and upon the Appearance of the Defendant, or his Contempt by not appearing, after having been duly summoned in Manner herein-after mentioned, and after sufficient Time for his Appearance, and Proof

thereof on Oath to the Satisfaction of the Justice or Justices, as [*SeeOrd. No.2 the Case may be, such Justice, or any two or more Justices, as of 1860.] the Case may require, shall and may proceed to examine into and hear and determine the Matter in a summary Way, and examine upon Oath all necessary Witnesses produced, and give his or their Judgment thereon; and in case such Justice or Justices shall convict the Defendant, and award against him any Fine or pecuniary Penalty, and he shall neglect to pay the same Fine or Penalty, together with the Costs and Charges of and attending such Conviction, to be assessed and ascertained by the said Justice or Justices, into the Hands of the convicting Justice, or one of the convicting Justices, in case there shall have been more than one, within one Week next after such Conviction, without any previous Demand of such Penalty, or within such greater or less Time, or at such Intervals as the said Justice or Justices shall at his or their Discretion,-determine, then it shall be lawful for such Justice or Justices, or either of them, or for any other Justice of the Peace, (at his or their Discretion,) to cause such Fine or Penalty, and Costs and Charges, to be levied by Distress How Penalties and Sale of the Goods and Chattels of the Offender, the Overplus, to be levied. if any, after deducting the Charges of such Distress and Sale, to be rendered to the Offender: Provided, that if upon the Return of the Officer charged with the Execution of the Distress, it shall appear that no sufficient Distress can be found, or the Party adjudged to pay any Money shall at the Time of the Adjudication or Conviction declare, or it shall otherwise appear, that he has no Goods or Chattels on which the Distress can be levied, then the convicting Justice or Justices, or either of them, or any other

Justice of the Peace, may by Warrant commit such Offender to Offender to be one of Her Majesty's Goals, with or without Hard Labour, there committed. to remain for a Time in Proportion to the Amount of the Penalty

inflicted, and not exceeding Six Months in the whole, unless the

said Sum to be levied, together with the Costs, shall be sooner paid.

nesses and others.

II. In all Cases in which no other Mode of Proceeding shall Service of Sumhave been or shall be in that Behalf provided, the directing of mons on Witany Summons to any Person whatsoever, whether a Defendant, a Witness, or otherwise, in the Name or Names by which he is or has been usually known, whether the same be the real or the feigned or assumed Name of such Person, and the leaving a Copy

of

Evidence to be taken down,and subscribed by Witness and Justice.

[*SeeOrd.No. 2 of 1860.]

Justice to issue
Warrant for
Apprehension

certain Cases.

Justices of the Peace.

of such Summons at his last usual Place of Abode, or the affixing a Copy thereof on one of the Doors, or some other conspicuous Part on the Outside of such Abode, (such Service being proved on the Oath of the Persons so serving such Summons, and it being also in like Manner proved to the Satisfaction of the sitting Justice or Justices at the Hearing of the Case, that the Person so serving such Summons hath endeavoured to serve the same on the Party without Effect,) shall be deemed to be a legal and effectual Service on such Party, as fully to all Intents and Purposes as if the same Summons had been personally served on such Party, and as if the same had been directed in his proper and real Name, and that every Summons may direct the Party to appear, either before the Justice or Justices issuing the same, or before any one or more Justice or Justices generally, as the Case may require, without naming any Justice Provided that such Summons shall direct the Party so to appear at a Time and Place certain, to be named in such Summons.

:

III. The Justice or Justices before whom any Person may be convicted in Manner aforesaid, shall take the Evidence upon Oath of the Witnesses both for and against the Defendant, and also the Statement of the Defendant himself, and shall put the same, or the material Parts thereof, into Writing, and shall cause the said Witnesses and the said Defendant, to subscribe such Depositions or Statement, and he or they shall also subscribe the same and return the same in the Manner herein-after directed.

IV. It shall and may be lawful for any Justice of the Peace, when any Information shall be exhibited before him, and in the of Defendant in Opinion of such Justice it shall be fit and proper so to do, to grant a Warrant under his Hand, directed to some Constable, Peace Officer, or other proper Person, directing such Constable, Peace Officer, or other proper Person, to take any Offender, against whom such Information shall be laid, and to bring him before such Justice or Justices of the Peace, as the Case may require, at a Time and Place to be named in such Warrant.

Offenders to be apprehended, and conveyed before a Justice of the Peace.

V. It shall be lawful for any Person whatsoever, to require any Person, who shall commit in his Presence any Offence, which is or shall be punishable in a summary Way, to accompany him forthwith to the nearest Justice of the Peace, or to tell his full Name and Place of Abode; and in case such Person shall, after being so required, offend by refusing to go before such Justice of the Peace, or to tell his real Name and Place of Abode, or by giving such a Description of his Place of Abode as shall be illusory for the Purpose of Discovery, it shall be lawful for the Party so requiring as aforesaid, and also for any Person acting in his Aid, to apprehend such Offender, aid to convey him, or cause him to be conveyed, as soon as conveniently may be, to the nearest Justice of the Peace, who shall have full Power to require Security for the due Appearance of such Person, and to commit him for Want thereof, or shall make such Order therein as the Case may require; and any Person offending against the

Provisions

Justices of the Peace.

Provisions of this Section (whether so apprehended or not) shall, on Conviction thereof in a summary Way before any Justice of the Peace, forfeit and pay such Sum of Money, not exceeding Fifty Dollars, as to the convicting Justice shall seem meet, in Addition to any other Penalty he may have incurred: Provided always, that no Person so apprehended shall, on any Pretence whatsoever, be detained for a longer Period than Twelve Hours, and if he cannot, on account of the Absence or Distance of the Residence of any such Justice of the Peace, be brought before a Justice of the Peace within the Time aforesaid, then the Person so apprehended shall be discharged, but may nevertheless be proceeded against for his Offence, by Summons or Warrant, as if no such Apprehension had taken place.

VI. Every Justice of the Peace, before whom any Person shall be convicted in a summary Manner, shall transmit such Conviction, with the Depositions and Examinations herein-before directed to be taken, to the next Court of General Sessions of Magistrates which shall be holden in the Colony, there to be kept by the proper Officer among the Records of the Court. VII. And whereas Doubts may arise as to the Application of divers Acts and Statutes of the Imperial Parliament of Great Britain, whereby the Removal of Convictions, Orders, and other Proceedings, had or made by or before Justices of the Peace is denied and taken away: Be it enacted, that such Acts and Statutes aforesaid, as far as they relate to the Non-removal of such Convictions, Órders, and other Proceedings, shall be deemed and taken not to extend to this Colony or its Dependencies, nor to be in Force within the same: Provided always, and be it enacted, that no Writ of Certiorari shall be granted or allowed, to remove any Conviction, Judgment, or other Proceeding had or made by any Court of General Sessions of Magistrates, or before any Justice or Justices of the Peace in a summary Manner, unless the Party prosecuting such Certiorari, before the Allowance thereof, shall enter into a Recognizance, with sufficient Sureties, before the convicting Justice or Justices, as the Case may be, or before any Judge of such Supreme Court of Judicature as may hereafter be erected at Hongkong, in the sum of Two Hundred Dollars, in Addition to the pecuniary Penalty, if any shall have been inflicted, with Condition to prosecute such Certiorari at his own Charges with Effect without any Delay, and to pay the Party in whose Favour or for whose Benefit such Judgment or Order was made, within one Week after such Judgment or Order shall be confirmed, his full Costs and Charges, as between Attorney and Client; and in case the Party prosecuting such Certiorari shall not forthwith enter into such Recognizance, or shall not perform the Conditions aforesaid, it shall be lawful for the said Justice or Justices to proceed and make such further Order for the Benefit of the Party for whom such Judgment shall be given, in such Manner as if no Certiorari had been granted, nor shall any Writ of Certiorari be granted, issued forth, or allowed, unless it shall be moved and applied for on special Grounds, within One Month next after such Conviction, Judgment, Order, or other Proceeding

Justice to return Convic

tions to General Quarter Sessions.

Certiorari to be allowed in all tain Conditions. [See Ord. No. 4 of 1865, s. 66; Ord. No. 7 of 1865, s. 98; Ord. No. 8 of Ord. No. 10 of 1865, s. 31.]

Cases on cer

1865, s. 62;