Sivut kuvina

Offences against the Order are:

Levying war, or taking part in any operation of war, against any king, chief, tribe, or power.

Aiding or abetting any persons in carrying on war, insurrection, or rebellion.

(Deportation may be added to the punishment for these offences.)

Acting in contravention of any treaty, or of any of the Queen's regulations to be made under the Order, or of any rules or regulations in force under the Order of 1872.

Disturbing religious ceremonies or publicly insulting ministers of any religion, or place, or object of religious worship, whether in relation to native or other form of religion or superstition.

Smuggling with intent to avoid payment of any duty payable to a recognised chief, king, Government, tribe, or people.

Obstructing officers executing process, disturbing Courts when sitting, intimidating suitors, insulting members of any Court, assessors, or officers of the Court during sittings, or going to or coming from, and committing acts which would be contempt of court in England.


For these last-mentioned offences persons may be apprehended with or without warrant, or Court may direct offender to be tried in a separate prosecution, or proceedings, as other offences against the Order.

Doing acts from which grave danger to public order is likely to be occasioned. In these offences the Court is to have same power as it has in relation to apprehended breaches of the peace.

Extorting money or other misconduct as a clerk or


officer of Court. (Charges may be inquired into in a summary way.)

Failure to comply with an order for contribution towards support of wife or child.

Offences against the Merchandise Marks Act, 1887. Offences against the Patents, Designs, and Trade Marks Acts, 1883 to 1888.

Offences against any statute or order relating to copyright.

For offences against such statutes, proviso that copy shall be published in every Consular Court, and persons shall not be punishable before one month after the publication thereof.

Prosecution by foreigners not to be entertained without written consent of Court; consent may be withheld if Court not satisfied similar acts punishable in State or Power of which the prosecutor is a subject. (Subjects of the signatory Powers to the Berlin Act are, however, justiciable by the Courts as British subjects. See Order in Council of 1892, post.)

Punishment for offences against the Order where no other punishment or penalty specified, imprisonment not exceeding three months or fine not exceeding 1007., or both.

Criminal Procedure is dealt with by Articles LVII. to LXXXI. Every Court may cause to be apprehended and brought before it any British subject being within its district and charged with having committed a crime in the district, and if the crime is triable or to be tried in Her Majesty's dominions, may take the preliminary examination and commit for trial, and cause him to be taken to the place of trial.

By Article LXI., where the crime is punishable with death or penal servitude for twenty years or upwards,

when satisfied there is reasonable ground for putting accused on his trial, Court shall cause him to be removed for trial in one of the African possessions, if the attendance of the necessary witnesses for the prosecution and defence can be secured, otherwise the Court shall commit for trial in the district. In other crimes, by Article LXII. punishable with imprisonment for twelve months or upwards, there is a discretionary power to Court to order accused's removal for trial, or to commit for trial in the district.

Persons tried before a Consular Court under these two Articles are to be tried by the Court with assessors, unless accused consents to be tried without assessors. Other crimes and offences against the Order are to be tried by the Consular Court, with or without assessors.

Punishments are to be awarded, as far as circumstances admit, according to the law of England in like cases, and to the mode of their infliction. In assaults the Court may order payment of damages to a sum not exceeding 207., in addition to or in lieu of a fine.

Sentences of imprisonment are to be carried into effect in such prisons as a Secretary of State directs.

Sentences of death are to be carried out in one of the African possessions.

A Secretary of State may remit or commute any sentence of a Consular Court. In every case of sentence of death, minutes of the trial are to be transmitted to a Secretary of State, and the sentence must be confirmed by him.

A Secretary of State may direct prescribed Court of Appeal to review sentences.

Warrants issued in Her Majesty's dominions for the apprehension of British subjects charged with crime committed in the jurisdiction of the issuing authority,

may be backed by the Court, and when so backed are to be sufficient authority to apprehend the accused and to deliver him to persons having authority to receive and carry him to Her Majesty's dominions.

By Article LXXVIII. adaptations of the Admiralty Offences (Colonial) Act, 1849, and the Admiralty Offences (Colonial) Act, 1860, and of section 11 of The Merchant Shipping Act, 1867, are set out, and so far as there repeated and adapted, "but not further or otherwise," are to extend to all places in the local jurisdictions.

Art. LXXIX.—The Fugitive Offenders Act, 1881, is applied subject to exceptions and qualifications that the Act is to apply only to British subjects; the principal consular officer is substituted for the governor, superior court, judge, magistrate or justice of the peace in a British possession; the report necessary to be given fugitive; provisions of section 6 as to Habeas Corpus not to apply; Consular Court not bound to return fugitive unless satisfied proceedings taken with consent of governor of the British possession.

Art. LXXX. applies the Colonial Prisoners Removal Act, 1884, to the local jurisdiction, and substitutes the principal consular officer for the governor of a possession. Art. LXXXI.-Nothing in the Order is to affect Her Majesty's prerogative of pardon.

Part VII. deals with Appeals in Civil Matters.

Part VIII. deals with Evidence in Civil and Criminal Cases and the Compulsory Attendance of British Subjects as Witnesses. British subjects wilfully giving false evidence to be deemed guilty of perjury.

Judicial notice is to be taken of the Order in Council, of the appointment of the consular officers and

constitution and limit of the jurisdiction, and districts, and consular seals and signatures, and of any rule and regulation made or in force under the Order; no proof is to be required of any such facts. A person attending to give evidence shall not be compelled or allowed to do so, or to produce any document, if principal consular officer signifies personally or in writing to Court that the giving or production thereof would be injurious to Her Majesty's service. The provisions of the Evidence Act, 1851, the Foreign Tribunals Evidence Act, 1856, sects. 7 and 11, the Evidence by Commission Acts of 1859 and 1885, the British Law Ascertainment Act, 1859, and the Foreign Law Ascertainment Act, 1861, are extended to all places in the local jurisdiction.

Part IX. relates to Assessors, their nomination, number, and in what cases they may be dispensed with, and mode of recording their dissent, and punishment for failure to attend.

Part X. relates to Rules of Procedure, powers for framing rules with approval of Secretary of State, to what matters they may extend, and for their publication and sale of copies, and provides that rules in the schedule may be used "with such modifications as circumstances require."

Part XI. deals with Treaties and Queen's Regulations. Every consul is to have power to make Queen's regulations for securing the observance of treaties, or of any native or local law or custom relating to trade, commerce, revenue, or other matter, and for the peace, order, and good government of British subjects, and also for requiring returns of exports and imports, and for the governance and superintendence of prisons. Queen's regulations so made are not to have effect until allowed

« EdellinenJatka »