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Powers to be
qualifications, as the Governor may prescribe, and thereupon, or from the date specified by the Governor, the person so deputed shall have and exercise such powers and perform such duties, subject as aforesaid; provided that nothing herein contained shall authorize the Governor to depute any person to make rules under the power in that behalf conferred upon him by any Ordinance. (P. Î1 of 1905, s. 14.)
14. When any written law confers any power or imposes any exercised and duty, then unless a contrary intention appears, the power may be exercised or the duty shall be performed as occasion arises. (P. 11 of 1905, s. 15.)
duties to be performed from time to time.
ment of Ordinance.
15. When by any Ordinance which is not to come into force rules in inter- immediately on the passing thereof a power is conferred on the Governor or any other Body or person to make rules or to issue orders with respect to the application of the Ordinance or with respect to the establishment of any office or the appointment of any Officer thereunder or with respect to the person by whom or the time when or the place where or the manner in which or the fees for which anything is to be done under the Ordinance the power may be exercised at any time after the passing of the Ordinance, but rules or orders so made or issued shall not take effect till the commencement of the Ordinance. (P. 11 of 1905, s. 15.)
&c., to be
16. An act shall be deemed to be done under any Ordinance or under Rules, by virtue of the powers conferred by any Ordinance or in pursuance or execution of the powers of or under the authority of any Ordinance if it is done under or by virtue of or in pursuance of any Rule, Order, Public Notice, or Government Notice made under any power contained in such Ordinance. (P. 11 of 1905, s. 17.)
deemed done under Ordinance by
which rules authorized.
of amending amended law.
Computation of time.
17. When any written law amends any written law the amending written law shall, so far as is consistent with the tenor thereof, and unless the contrary intention appears, be construed as one with the amended written law. (P. 11 of 1905, s. 18.)
18. In computing time for the purposes of any written law, unless the contrary intention appears :—
(1) A period reckoned by days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day in which the event happens or the act or thing is done;
(2) If the last day of the period is Sunday or a public holiday (which days are in this section referred to as excluded days), the period shall include the next following day, not being an excluded day;
(3) When any act or proceeding is directed or allowed to be done or taken on a certain day, then if that day happens
to be an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being an excluded day; (4) When an act or proceeding is directed or allowed to be done or taken within any time not exceeding six days, excluded days shall not be reckoned in the computation of the time. (P. 11 of 1905, s. 19.)
19. Whenever any expression of time occurs in any written law, "Time" to deed, or other legal instrument, the time referred to shall, unless mean Greenit is otherwise specially stated, be held to be mean Greenwich time. (P. 11 of 1905, s. 20.)
20. Where any written law authorizes or requires any document Meaning of to be served by post, whether the expression "serve," or the service by expression "give or "send," or any other expression is used, post. then, unless the contrary intention appears, the service shall be deemed to be effected by properly addressing, prepaying, and posting a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. (P. 11 of 1905, s. 21.)
21. Whenever by any Ordinance any Act of the Imperial Imperial Acts Parliament is extended to the Colony or Protectorate such Act to be read shall be read with such formal alterations as to names, localities, sary modificaCourts, Offices, persons, moneys, penalties and otherwise as may tion. be necessary to make the same applicable to the circumstances. (P. 11 of 1905, s. 22)
22. Where an act or omission constitutes an offence under two Provisions as or more Ordinances, or both under an Ordinance and at common to offences law, the offender shall, unless the contrary intention appears, be under two or liable to be prosecuted and punished under either or any of these Ordinances or at common law, but shall not be liable to be punished twice for the same offence. (P. 11 of 1905, s. 23.)
23. (1) Where a fine is imposed under an Ordinance, then in Provisions as the absence of express provision relating to such fine in such to fines.
Ordinance, the following provisions shall apply :
(a) Where no sum is expressed to which the fine may extend the amount of the fine which may be imposed is unlimited but shall not be excessive.
(b) In the case of an offence punishable with a fine or a term of imprisonment, the imposition of a fine or a term of imprisonment shall be a matter for discretion of the Court.
(c) In the case of an offence punishable with imprisonment as well as fine in which the offender is sentenced to a fine whether with or without imprisonment and in every case of an offence punishable with fine only in which the offender is sentenced to a fine the Court passing sentence may, in its discretion,
(i) direct by the sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term which imprisonment shall be in excess of any other imprisonment to which he may have been. sentenced or to which he may be liable under a commutation of a sentence; and also
(ii) Issue a warrant for the levy of the amount by distress and sale of any moveable property belonging to
(d) The term for which the Court directs the offender to be imprisoned shall not exceed one fourth of the term of imprisonment which is the maximum period for the offence if the offence be punishable with imprisonment as well as fine.
(e) The imprisonment which the Court imposes in default of payment of a fine may be either with or without hard. labour and if the offence is punishable with fine only. the term for which the Court directs the offender to be imprisoned in default of payment of fine shall not exceed the following scale; that is to say:-for any term not exceeding 7 days when the fine does not exceed 10s.; for any term not exceeding 14 days when the fine exceeds 10s. but does not exceed 17.; for any term not exceeding one month when the fine exceeds 17. but does not exceed 57.; for any term not exceeding three months when the fine exceeds 57. but does not exceed 251.; for any term. not exceeding six months in any other case.
(f) The imprisonment which is imposed in default of payment of a fine shall terminate whenever the fine is either paid or levied by process of law.
(g) The Court imposing a term of imprisonment in default of payment of a fine may, in the case of an offender making default in the payment of the fine, at any time before the expiration of the term of imprisonment imposed, issue a warrant for the levy, by distress and sale of any moveable property belonging to the offender, of such part of the fine as is proportional to the unexpired portion of the term.
(h) If before the expiration of the time of imprisonment fixed in default of payment such a proportion of the fine be paid or levied that the time of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid the imprisonment shall terminate.
(i) The fine or any part thereof which remains unpaid may be levied at any time within six years after the passing of the sentence, and, if under the sentence the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would after his death be legally liable for his debts.
(2) For the purposes of this section "fine" shall include penalty or forfeiture. (P. 11 of 1905, s. 24, amended.)
24. Whenever any Court is empowered to award to any con- Imprisonment victed prisoner any sentence of imprisonment such sentence shall to mean imbe deemed to be a sentence of imprisonment with or without hard prisonment labour at the discretion of the Court awarding the same. (12 of out hard 1902, s. 1.)
with or with
labour at discretion of Court.
Administration of Justice, Civil Law and Procedure.
THE SUPREME COURT.
WHEREAS it is expedient to make provision for the administration of justice in the Colony and Protectorate;
1. This Ordinance may be cited as "The Supreme Court Ordinance."
2. In this Ordinance and in any Ordinance in which this tion of terms. Ordinance shall be incorporated or applied the following words and expressions shall have or include the meanings hereinafter attached to them, unless there be something in the subject or context repugnant to such meanings, (that is to say)—
Court" includes the Supreme Court, and the Chief Justice, and Puisne Judges of the Supreme Court, sitting together or separately, and every District Commissioner being engaged in any judicial act or proceeding, or inquiry. "The jurisdiction" or "the jurisdiction of the Court means the local limits of the jurisdiction of the Supreme Court as defined by this Ordinance.
Whenever the term "the particular jurisdiction" is used, it means the local limits of the jurisdiction, as defined by this Ordinance, of the Court, which is mentioned or referred to in the immediate context.
"Province" and "District" shall respectively mean a Province or District constituted in the manner prescribed by this Ordinance.
"Imperial laws" shall include General Rules or Orders of Court made under any Imperial Act.
Where in any Rule in the Schedules to this Ordinance the expression "the Ordinance" is used, it means the Supreme Court Ordinance.