Sivut kuvina

of the Commissioner that the offender is to be put upon his trial, shall not be deemed proceedings for the trial of the offence committed by such offender for the purposes of the said consent and certificate under this section. (b) It shall not be necessary to aver in any charge or information that the consent or certificate of the Governor required by this section has been given; and the fact of the same having been given shall be presumed unless disputed by the Defendant at the trial; and the production of a document purporting to be signed by the Governor and containing such consent and certificate shall be sufficient evidence of the consent and certificate required by this section.

(c) This section shall not prejudice or affect the trial of any act of piracy as defined by the law of nations. (20 of 1900, 8. 2 (d).)


38. The Court may, if it thinks fit, order a person convicted Damages for before it by summary trial, or on information, of any assault, to assault. pay to the person assaulted by way of damages a sum not exceeding twenty-five pounds. On payment the person convicted shall be released from all other proceedings for the same cause at the suit of the person assaulted.

Damages so ordered to be paid may be either in addition to or in lieu of a penalty. (5 of 1876, s. 37.)

detention of

39. Where in a charge of larceny the Court shall be of opinion Wrongful that the evidence is insufficient to support that charge, but that it conversion or establishes wrongful conversion or detention of property, the Court may order that such property be restored, and may also award damages.* (5 of 1876, s. 38.)


40. The damages awarded under either of the last two preceding Damages sections shall be recoverable in like manner as a penalty. (5 of recoverable as penalty. 1876, s. 39.)

41. The Court may order a person convicted before it by sum- Costs payable mary trial, or on information, to pay all or any specified part of by party the expenses of his prosecution, or of his imprisonment or other punishment, or both. (5 of 1876, s. 40.)


Damages or compensation awarded by District Commissioner to be paid into Court in the first instance: Consolidated Regulations, Appendix A, Supreme Court Ordinance.

By prosecu

42. Where it appears to the Court that a charge is malicious or tor, if charge frivolous and vexatious, the Court may order the Prosecutor to pay all or any specified part of the expenses of the prosecution or of the defence. (5 of 1876, s. 41.)



Payments to parties.

Power to take
of persons


Notices to
be given in
certain cases.

43. In these respective cases the Court may order that the whole or such portion as the Court thinks fit of the expenses so paid be paid over to the prosecutor or to the accused, as the case may be. (5 of 1876, s. 42.)

When statement may be used in evidence.


44. Whenever it appears to any Judge or Commissioner that any person dangerously ill or hurt, and not likely to recover, is able and willing to give material information relating to any indictable offence, and it shall not be practicable to take the deposition in accordance with the provisions of this Ordinance of the person so ill or hurt, such Judge or Commissioner may take in writing the statement on oath or affirmation of such person, and shall subscribe the same, and certify that it contains accurately the whole of the statement made by such person, and shall add a statement of his reason for taking the same, and of the date and place when and where the same was taken, and shall preserve such statement and file it of record. (5 of 1876, s. 43.)

45. If the statement relates or is expected to relate to an offence for which any person is under a charge or committed for trial, reasonable notice of the intention to take the same shall be served upon the prosecutor and accused, and if the accused is in custody, he may be brought by the person in whose charge he is, under an order in writing of the Judge or Commissioner, to the place where the statement is to be taken. (5 of 1876, s. 44.)


46. If the statement relates to an offence for which any person of statement. is then or subsequently committed for trial, it shall be transmitted to the Court in which such person is to be tried, and a copy thereof shall be transmitted to the Attorney-General. (5 of 1876, s. 45.)

47. Such statement so taken may afterwards be used in evidence on the trial of any person accused of an offence to which the same relates, if the person who made the statement be dead, or the Court be satisfied that for any sufficient cause his attendance cannot be procured, and if reasonable notice of the intention to take such statement was served upon the person (whether prosecutor or accused) against whom it is proposed to be read in evidence, and he had or might have had if he had chosen to be present full opportunity of cross-examining the person making the same. (5 of 1876, s. 46.)


48. Where upon the apprehension of a person charged with an Restitution of offence any property is taken from him, the Court before which he property is charged may order

found on

(a) That the property or a part thereof be restored to the person who appears to the Court to be entitled thereto, and, if he be the person charged, that it be restored either to him. or to such other person as he may direct; or

(b) That the property or a part thereof be applied to the payment of any costs or compensation directed to be paid by the person charged. (20 of 1900, s. 2 (e), part.)

(2) This section shall not apply to

(a) Any valuable security which has been bonâ fide paid or discharged by any person liable to pay or discharge the

49.-(1) Where any person is convicted of having stolen or Restitution dishonestly or extorsively obtained any property, the Court conof property stolen, &c. victing him may order that the property or a part thereof be restored to the person who appears to it to be the owner thereof, either on payment or without payment by the owner to the person in whose possession such property or a part thereof then is, of any sum named in such Order.

same; or

(b) Any negotiable instrument which shall have been bonâ fide received by transfer or delivery by any person for a just and valuable consideration without notice or without any reasonable cause to suspect that it has been stolen or dishonestly or extorsively obtained. (20 of 1900, s. 2 (e), part.)


50.-(1) The Court, if it appears to it that a person has been Perjury. guilty of perjury in any proceeding before it, may

(a) Commit him for trial upon information for perjury and bind any person by recognizance to give evidence at such trial; or

(b) Commit him to prison as for a contempt of Court for a term
not exceeding six months with or without hard labour; or
(c) Fine him a sum not exceeding fifty pounds.
(2) This section is subject to the following limitations :-
(a) If a District Commissioner order a person to be imprisoned

or to pay a fine, he shall within three days forward to
the Chief Justice, or by his direction to the Judge exer-
cising jurisdiction in the Province in which his District
is situated, a certified copy of the notes of the proceedings,
and the Chief Justice or Judge may, without hearing any
argument, vary or set aside such Order.

S.N.-VOL. I.

person arrested.


(b) Any imprisonment or fine ordered or imposed under this section shall be a bar to any other proceedings for the same offence, except in the case where the Order of a Commissioner is set aside.

Inquiries by direction of

(c) A District Commissioner may not impose imprisonment for more than three months or a fine of more than twentyfive pounds under this section. (20 of 1900, s. 2 (e), part.)


51.-(1) Where a sworn information is made before a District Commissioner that an offence has been committed, the Attorneythe Attorney-General may, whether or not any known person be charged with

the commission of the offence, direct in writing any District Commissioner to hold an inquiry under this section.

(2) The Commissioner so directed shall then examine on oath concerning such offence any person whom he has reason to believe. to be able to give material evidence concerning it, other than the person confessing himself to be the offender, and shall take the deposition of such witness and, if he sees cause, bind such witness by his own recognizance to appear and give evidence at any place where and at any time when he may be called upon to do so.

(3) At the conclusion of an inquiry under this section the Commissioner shall forward to the Attorney-General the original depositions and the recognizances of the witnesses, together with his report upon the proceedings, and shall state in such report his opinion as to the persons implicated in the commission of such offence.

(4) The provisions contained in the Supreme Court Ordinance, and this Ordinance relating to summoning witnesses, and to compelling their attendance, and to their examination on oath and to binding them over to give evidence, shall apply for the purposes of an inquiry under this section.

(5) This section is subject to the following provisions and limitations:

(a) If a person is committed for trial upon information for an offence respecting which an inquiry under this section has been held, he shall, if he so request, be supplied free of charge by the Attorney-General at least three days before such trial with an authenticated copy of all depositions taken at such inquiry.

(b) A witness examined at such inquiry shall not be excused from answering any question on the ground that the answer thereto may criminate, or tend to criminate himself; but any confession or answer by a person to a question put at such examination shall not, except in case of any criminal proceeding for perjury committed at or after the holding of such inquiry, be in any proceeding

admissible in evidence against him. (20 of 1900, s. 2 (e),


accused on

52.-(1) When on summary trial or preliminary investigation Inquiry as to the Court has reason to believe that the accused is of unsound mind lunacy of and consequently incapable of making his defence it shall inquire summary into the fact of such unsoundness, as if it were a District Com- trial. missioner holding an inquiry under the Lunatic Asylum Ordinance.

ment of

(2) If the Court is of opinion that the accused is of unsound Postponemind and consequently incapable of making his defence, it shall proceedings. postpone further proceedings in the case.


(3) If the case is one in which bail may be taken by a District When bail Commissioner, the Court may release the accused on sufficient may be security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance before the Court or such officer as the Court appoints in that behalf.

(4) If the case is one in which bail may not be taken by a Dis- When case to be reported trict Commissioner, or if sufficient security is not given, the Court to Colonial shall report the case to the Colonial Secretary, and the Governor Secretary. may order the accused to be confined in a lunatic asylum or other suitable place of custody, and the Court shall issue a warrant in accordance with such Order. (20 of 1900, s. 2 (e), part amended.)

53. When the accused appears to be of sound mind at the time Defence of of the preliminary investigation the Court, notwithstanding that it lunacy at preliminary is alleged that at the time when the offence was committed in investigation. respect of which the accused person is charged he was of unsound mind, shall proceed with the case, and if the accused ought to be committed on information, the Court shall so commit him. (20 of 1900, s. 2 (e), part.)

trial on

54. Where in any information any act or omission is charged Defence of against any person as an offence, and it is given in evidence on the lunacy on trial of such person for that offence that he was insane so as not to information. be responsible for his actions at the time when the act was done or omission made, then, if it appears to the jury or the Court with assessors before whom such person is tried that he did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same, the jury or Court with assessors shall return a special verdict to the effect that the accused was guilty of the act or omission charged, but was insane as aforesaid when he did the act or made the omission.

When such special verdict is found the Court shall meanwhile order the accused to be kept in custody as a criminal lunatic in such place and in such manner as the Court shall direct and shall report the case for the Order of the Governor.

The Governor may order such person to be confined in a lunatic

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