CRIMINAL PROCEDURE ORDINANCE, 1890

CRIMINAL PROCEDURE ORDINANCE, 1890

No. 9 of 1899.

To consolidate and amend, the Laws relating to Criminal Pro-
cedure fit the Supreme Court. [7th July M9Q.]
The Criminal Procedure Ordinance, 1899.

As amended by No. 50 of 1911 and No. 1 of 1912
+ As amended by No. 30 of 1911, No. 1 of 1912. and Xo. 21 of 1912.
j As amended by No. 51 of 1911 and No. 1 at 1919.





2. In this, Ordinance,-
' The Court ' means'the Suprerme Court acting in the exercise of
its, crimninal jurisdiction :
' The Registrar ' means the Registrar of the Court.
' The bailiff ' means the bailiff of the Court and includes any
deputy of the bailiff :
'Indictment' includes any criminal information triable by a jury:
'Keeper of the priso' means the Superintendent of the
,Gaol, and includes the superintendent or other chief officer of any
other prison, by whatever name he may be called
'.Property ' includes goods, chattels, money, valuable securities,
and every other matter or thing, whether real or personal, upon or
with reference to which any oJence may be committed.
[s. 3, rep. No. 1 of 1912]

PART 1.
BUSINESS OF THE COURT.
4. The Registrar shall ex officio be 'Master of the Crown Office.'

2.-(1) The ordinary sessions for the despatch of the business of
the Court shall commence on the 18th day of every month With the
exception of the months of January and July, or, if that day is a
dies non, then on the lawful day next following: Provided always
that the Chief Justice may, on due notice thereof being given,
change.the day so appointed.
(2) The Chief Justice may direct a special session of the Court to
be held, in addition to the ordinary sessions, whenever,it may appear
to him necessary or expedient to do so.

6. The keeper of the prison shall, by himself or his deputy, be in
attendance at each session of the Court, and shall bring each
prisoner awaiting trial before the Court when his case is called for
trial, and during the continuance of the trial shall have him under
his charge and custody, and reinand him to prison, by permission
or order of the Court, during the progress of the trial or on any
adjournment thereof.

As arylended 1) y N1o. 50 of 1911, 'No. 1 of 1912 qnd N1o. 21 of 1912.
f As amended b~; No. 1 of 1912.
. As arnended.by.No. 1 of 1912, No-2 of 1912 and ',~o. 33 of 1912.





7.-(1) The keeper of the prison shall, by himself or his deputy,
on the first day of every session of the Court, deliver in open Court
to the presiding Judge a correct list of all persons in his custody
upon any charges of indictable offences who have not been then
tried, or upon whom sentence has not been then passed, or who have
been committed in default of sureties to keep the peace or otherwise,
distinguishing, as accurately as may be, their names, ages, and
sexes, with the dates of their respective commitments and the
authority under which they were respectively committed.
(2) He shall aLso, by himsolf of his deputy, bring and produce, in
open Court, on such days and times of such session as the Court
may direct, all such person in his custody as aforesaid as the Court
may direct him so to bring and produce.
8. The police shall afford such assistance as may be necessary to
enable the keeper of the prison to comply with the requirements of
the list two sections.
9. At the collclusion of every session of the Court, the Court shall
discharge all prisoners not under sentence remaining in any prison
who by the law of this Colonly and, in default of such provisions
and so far as the same way not extend, by the law of England,
would be their entitled to their discharge upon gaol delivery, and
also all other accused persons committed for trial at such session
and remaining untried who, by the said law, would he entitled to
such discharge, and the Court may also discharge all prisoners
remaining in any prison in default of sureties to keep the peace,
who, in the ophlion. of the Court, might to be so discharged.
10. Subject to the provisions of this Ordinance and of any other
enactment applicable thereto, the practice and of the
Court shall be, as nearly as Possible, the same as the practice and
procedure in criminal causes and matters in the High Court of
Justice and the Courts of Assize in England.

PART II.
PROCEEDINGS PRELIMINARY TO TRIAL
11-(1) The following documents, together with a certified copy
thereof, shall, as soon as may be after the committal of the accused
person, be transmitted by the Magistrate to the Crown Solicitor for

11. A,, atowided by No. 2 of 1912,
+ As alnended by No. 50 of 1911.
As amended by No. 1 of 1912.
1 As, arnended by No. 1 of 1912 and No. 2 of 1912.





the use of the Attorney General, that is to say, the information, if
any, the warrant of apprehension, if any, the depositions of the
witnesses the documentary exhibits thereto, the statement of the
accused Person, and the record of his evidence if any, and the
recognizances entered into.
(122) A certified, copy of all such documents shall, either at the
same time or as soon as possible thereafter, be transmitted by the
Magistrate to the Registrar for the use of the Court.
(3) All exhibits, other than documentary exhibits, shall, unless
the Magistrate otherwise directs, be taken charge, of by the police,
and shall be produced by them at the trial.

ReferTing back of Case.
12. If, after the receipt of the documents relating to the case, the
Attorney General is or opinion that the accused person should not
have been committed for trial but that the case should have been
dealt with summarily, the Attorney General may, at any time after
such receipt, refer back such documents to the Magistrate with
directions to deal with the case accordingly, aud with such other
directions as he may think proper.

13-(1) At any time after the reccipt of the documents relating
to the case and before the trial of the accused person, the Attorney
General may refer back such documents to the Magistrate with
directions to re-open the inquiry for the purpose of taking evidence
or forther evidence on a certain point or to be specified, and
with such other directions as he may think proper.
(2) Subject to any express directions which may be given by the
Attorney General, the effect of any such reference back to the
Magistrate shall be that the inquiry shall be re-opened and dealt
with in all respects as if the accused person had not been committed
for trial.

14.-(1) Any direction given by the Attorney General under
either of the, last two sections shall be in signed by him,
and shall be complied with by the Magistrate.
(2) The Attorney General may at any time add to, alter, or
revoke any such direction.

As amended by No. 1 of 191.2.
As amended by No. 50 of 1911.





(3) A copy of any such direction shall be forthwith transmitted
by the Attorney to the Registrar, and shall be filed by the,
Registrar with the copy of the documents in tho case, if any,
transmitted to him by the Magiptrate.
(4) When the Attorney Gencral directs,that a case shall be dealt
with Summarily under section 12 or that an inquiry shall be re-
opened under section 18, the following provisions shall have
effect :-
(a) where the accused person is in custody, the Magistrate may,
by an order in writing tinder his hand, direct the keeper of the
prison to convey him or cause him to be conveyed to the place where
sitch proceedings are to be held , for the purpose of being dealt with
as the Magistrate may direct
(b) where the accused person is on bail, the Magistrate shall issue
a summons for his attendance at the time and place when and where
such proceedings are to be held; and
(c) thereafter the proceedings shall be continued tinder the pro-
visions of Part III or of Part IV ofthe Magistrates Ordinance, 1890,
as the case may be.

Bail.
15. The, Court or a Judge may at any time, on the application of
any accused person, order such person, whether he has been com-
mitted for trial or not, to be admitted to bail, and the recognizance
of bail may, if the order so directs, be taken before any Magistrate
or Justice of the Peace.

Institution of ProceediTigs.
16. On receipt of the documents relating to the case, the Attorney
General, if he sees fit to institute criminal proceedings, shall in-
stitute such proccedings lit the Court against the accused person as
to him may seem legal and proper.

17.-(1) The Attorney General shall not be boland to prosecute an
accused person In any case inhe may be of opinion that the
interests, of public justice do not require his interference.
(2) Whenever the Attorney General declines to file all indictment
against any person committed to prison for trial for any indictable

A' ~o. 8 o
As No. 5 of 1001, No, 50 of 1911, No. 1 of 1912,
No. 2 u~ 11312 iii~l 'I',o. b uf





offence, he may issue a warrant to the Registrar in form 1 in the
schedule, who shall thereupon by order under his band and the seal
of the Court, in form 2 in the schedule, direct the person in whose
custody the prisoner may be immediately to discharge him without
any fee from imprisonment in respect of the offence mentioned in
such order.

18.-(1) Every indictment shall be signed by the Attorney
General, and shall bear date on the day when it is signed.

(2) Every indictment may be, in form 3 in the schedule with such
additions and modifications as may be necessary to adapt it to the
circumstances of the particular case.

19.-(1) Any number of counts for any offences whatever may be
joined in the samc indictment, and shall be sufficiently distinguish-
of: Provided that to a count charging murder no count charging
any offence other than murder shall be joined.

(2) Where there are more counts than one In in indictment, each
count may be treated as a separate indictment.
(3) If the Court thinks it conducive to the ends of justice to do so,
it may direct that the accused person shall be tried upon any one or
more of such counta separately. Such order may be made either
before or in the course of the trial, and, if it is made in the course
of the trial, the jury shalt be discharge from giving a verdict Upon
the counts on which the trial is not to proceed. The counts in the
indictment which are not then tried shall be proceeded upon in all
respects as if they bad been contained in a separate indictment
Provided that, unless there are special reasons for so doing, no order
Shall be made the trial at the same of any number
of distinct charges of larceny, or of embezzlement, or of larceny and
embezzlement, not exceeding three alleged to have been committed
within 6 months frorn the first to the, last of such offences, whether
against the same person or not.

(4) If one sentence is passed upon any verdict of guilty on an
indictment containing more counts than one, the sentence shall be
good if any of the counts upon which such verdict has been returned
would have justified such sentence.

* As amended by No. 50 of 1911 tki~d No. 8 of 1911.





20. In any indictment for an offence committed on the high seas
or in foreign parts, an allegation that the person injured was, at the
time of the offence charged, in the peace of the Hing shall be a
sufficient allegation of the jurisdiction of the Court to hear and
determille the case.

21. In any indictment in which it is necessary to make an aver
ment as to any money or any note of the Bank of England or of any
other bank, it shall be sufficient to describe such money or bank note
simply as money without specifying ally particular coin or bank
note; and such allegation, so far as regards the description of the
property, shall be sustained by proof or any amount of coin or of any
bank note, although the particular species of coin of which such
amount was composed, or the particular nature of the bank note,
is not proved, and, in cases of embezzling or obtaining money or
bank notes by false pretences, by proof that the accused person
embezzled or obtained any piece of coin or any bank note or any
portion of the value thereof, although such piece of coin or bank
note may have been delivered to him in order that seine part of the
value thereof should be returned to the person delivering the same,
or to any other person, and such part has been returned accordingly.

22.-(1) In any indictment for stealing, embezzling, destroying,
or concealing, or for obtaining by false pretences, any instrument,
it shall be sufficient to describe such instrunient by any name or
designation by which it is usually known or by the purport thereof,
without setting out any copy or facsimile of tbe whole or any part
thereof, or otherwise describing the same or the value thereof.
(2) In all other cases where it is necessary to make an averment
in any indictinent as to any instrument, whether the same consists
wholly or in part of writing, print, or figures, it shall be sufficient
to describe such instruinent by any name or designation by which
it is usual known or by the purport thereof, without setting out
any copy or facsimile of the whole or any part thereof.

23. In any indictment for perjury, or for unlawfully, wilfully,
falsely, fraudulently, deceitfully, maliciously, or corruptly, taking,
making, signing, or subscribing any oath, affirmation, declaration,
affidavit, deposition, petition, answer, notice, certificate, or other
writing, it shall be sufficient to set forth the substance of the offence
with which the accused person is charged and by what Court or be-

As by No. 51 of 1911,





fore whom the oath, affirmation, declaration, affidavit, deposition,
petition, answer, notice, certificate, or other writing was taken,
madc, sigued, or subscribed, without setting forth the petition,
answer, inforimation, indictment, declaration, or any part of any
proceeding, and without setting forth the commission or authority
of the Court or person before which or whom such offence was
committed.

24. In any indictment for subornation of perjury, or for corrupt
bargaining or contractirig with any person to commit wilful and
corrupt perjury, or for inciting, causing, or procuring any person
unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously,
or corruptly to take, mahe, sign, or subscribe any oath, affirmation,
declaration, affidavit, deposition, petition, answer, notice, certifi-
cate, or other writing, it shall be sufficient, wherever such perjury
or other offence aforesaid has been actually committed, to allege the
offence of the person who actually committed such perjury or other
offence in the manner hereinbefore mentioned, and then to allege
that the accused person unlawfully, wilfully, and corruptly did cause
and procure the said person to commit the said offence, in manner
and form aforesaid; and wherever such perjury or other offence
aforesaid has not been actually committed, it shall be sufficient to
set forth the substance of the offence with which the accused person
is charged without setting forth or averring any of the matters or
things hereinbefore rendered unnecessary to be set forth or averred
in the case of wilful and corrupt perjury.

25. In any count charging the accused person with having been
previously convicted, it shall be sufficient to state that the accused
person was, at a certain time and place, convicted of an offence
punishable on sumniary conviction or of a felony or misdemeanor,
as the ease may be, without further describing the offence.

26. No indictment shall be held insuffielent for want ofthe aver-
merit of any matter unnecessary to be proved, or for that any person
mentioned in the indictment is desicmated by a name of office or
other descriptive appellation instead of his proper name, or for
omitting to state the time at which the offence was committed in
any case where time is not of the essence of the offence, or for
stating the tinie imperfectly, or for stating the offence to have been
committed on a day subsequsnt to that of the indictment, or on an
inipossible day, or on a day that never happened, or for want of any





statement of the value or price of any matter or thing, or the
amount of damage, injury, or spoil, in any case where the value or
price, or the amount of damage, injury, or spoil, is not of the
essence of the offence.

27. It shall be lawful for the Judge to order further particulars of
any charge to be delivered, in any Case in which he deems it
expedient to do so.

Filing and Service of Indictment.
28. Every indictment, when so signed as aforesaid, shall be
brought to the Registrar's office and shall be, filed by him in the
Court.

29.-(1) The Registrar shall indorse on or annex to every indict-
ment and every copy thereof delivered for service a notice of trial,
and such notice shall specify the particular session at which the
accused person will be brought to trial on the indictment and the
date of the commencement thereof.
(2) The notice may be, in form 4 in the schedule or as near thereto
as circumstances will admit.

30. The Registrar shall deliver or cause to be delivered to the
bailiff a copy of the indictment, with the notice of trial indorsed on
the, same or annexed thereto; and, if there are more accused persons
than one, then as many copies as there are persons.

31.-(1) The bailiff shall, as soon as mayy be alter having received
any copy of the indictment and notice of trial, deliver to the accused
person the said copy and notice.
(2) In any case where the accused person cannot be found, the
bailiff shall leave the said copy and notice with some one of his
household for him at his dwelling house, or with some one of his
clerks for him at his counting house or place of business, and, if
none such can be found, shall affix the said copy and notice to the
outer or principal door of his welling house.
(3) The bailiff shall, at the time of service, explain to the accused
person, or to theperson, if any, with whoin the said copy and notice
are left, the nature and exigency thereof.

32. The bailiff shall forthwith transmit to the Registrar a return
in writing, signed by him, of the time and mode of service of the
said copy and notice.
As ainended by No. 30 of 1911 Aria NO, 5 of 191





Plea.
33. In any plea of autrefois convict or autrefois acquit it shall be
sufficient for the accused person to state that he has been lawfully
convicted or acquitted, as the case may be, of the Offence charged in
the indictment,

Inspection of Property, etc.
34. Either party shall be at liberty to apply to the Court or a
Judge for a rule or order for the inspection, by himself or by his
witnesses, of any real or personal property, the inspection of which
may be, material to the proper deterlimiation of the issue; and it
shall be lawful for the Court or Judge, if it or he thinks fit, to make
such rule or Order, on such terms as to costs and otherwise as the
Court or Judge may direct.


35. It shall be lawful for the Court or a Judge to make such rules
or orders as may be necessary to procure the attendance of a special
or common jury for the trial of any case depending in the Court, at
such time and place and in such manner as the Court or Judge may
think fit.

Witnesses.
36-(1) The subpoena, or process of the Court for procuring the
attendance of any person to give evidence in any case who has not
been bound by recognizance to appear before the Court to give
evidence in such case, or, where the production of documents is
required, the subpoena duces tecum, shall be sued out of the
Registrar's office by the Crown Solicitor, or, where the prosecution
is it the instance of a private person, by the. prosecutor or his solici-
tor, or by the accused or his solicitor, as the case may be.
(2) Every such subpoena shall be issued in the name of the Ring
and shall be tested in the name of the Chief Justice.
,(3) The narne3 Of four Witnesses may be inserted in one subpoena,
and they shall bc described therein such certainty thaL the
bailiff may be able readily to find them ; and the form of the
subpoena shall, as near as may be, be according to the like form used
in the Supreme Court in civil cases.
(4) 'The party obtaining the subpoena shall at the same time make
out and give to the Registrar as many copies as there are persons to

* As amei)d(,.cl by No. 51 of 1911.





be served therewitb, and the Registrar shall deliver the original,
together with the copies, to the bailiff for service.

37. When the prosecution is at the instance of a private person,
such person or some one on his behalf shall, at the time of obtaining
the subpxna, pay into the Registry the lawful costs and charges for
executing the same, together with such further sum or sums of
money as such person intends the bailiff to give or tender to the
witnesses respectively for their travelling expenses,

38-(1) The bailiff shall, as soon as may be after having received
any subpcrva and copy, deliver to the person named in the subpoena
the said copy.

(2) In any case where such person cannot be found, the bailiff
shall leave the said copy with some one of his household for him at
his dwelling honse or with some one of his clerks for hirn at his
counting house or place of business.
(3) The bailiff shall, at the time of service, show to such person or
to the person with whom the said copy is left, as the case may be,
the original subpoena arid explain to him the nature and exigency
thereof.

39. The bailiff shall, at or immediately after the time of service,
indorse on or annex to the original subpoena a return in writing,
signed by him, of the tinle and mode of service, and shall forthwith
transmit the same to the Registrar.

40. Every witness who is present when the trial of a case is
adjourned, or who has been duly notified of the time to which such
trial or further trial is so adjourned, shall be bound to attend at such
time, and, in default of so doing, may be dealt with in the same
manner as if lie had failed to attend before the Court in obedience
to a subpoena to attend and give evidence.

41-(1) Where the trial of any case is postponed from one session
of the Court to another session, it, shall be lawful, for the Court to
respite the recognizance of every witness who was bound by
recognizance to attend at such first-mentioned session, and every
such witness shall be bound to attend and give evidence at such
other session, without entering into any fresh recognizance for that
purpose, in such and the same manner as if he were originally bound
by his recognizance to attenel and give evidence at such other
session.





(2) The Registrar shall deliver or cause to be delivered to every
witness in any case so postponed a notice in writing informing him
of the day on which the session bf the Court to which the case is
postponed will commence.

PART III.
PR0CEEDINGS AT TRIAL.
Mode of Trial.
42.--(1) Every person to be tricil before the Court shall be tried
on in indictment.
(2) Subject to the provisions of the next section, such trial shall
be had by and before a Judge and a jury.

43. On motion made by the Attorney General, a Judge shall
order that the trial of any indictment shall be had at bar, that is to
say, by and before two Judges and a jury, and such trial shall be
bad accordingly,

44.-(1) Nothing in this Ordinance shall afect the right of the
Attorney General to file any information in the Court against any
person for misdemeanor.

(2) Subject to the provisions of this Ordinance or of any other
enactment, the law, practice, and procedure in respect of any such
information shall be, as nearly as may be, the same as the law,
practice, and procedure for the time being in force in relation to in-
formations filed by the Attorney General of England in the High
Court of Justice, so far as such law, practice, and procedure are
applicable to the circumstances of this Colony.

Default of Appearance.
45.-(1) If in any case, after notice of trial has been given, no
person appears in Court to prosecute or prefer the indictment before
the close of the session of the Court for which such notice was
given, it shall be competent for the accused person to move the
Court to discharge him therefrom, and if he, or any other person
on his behalf, has been bound by recognizance for his appearance
so to take his trial, then that the recognizance inay be dis-
charged.

As amended by No. 50 of 1911 and No. 1 of 1912.
As amended by No. 1 of 1912.
As amended by No. 1 of 1912 and No. 2 of 1912.





(2) Where the prosecution is at the instance of a private person,
it shall also be competent for the accused person to move the Court
that the prosecutor and his sureties, if any, shall be called on their
recognizances, and, in default of his appearance, that the same
may be estreated.
(3) On any such application the Court shall make such order as
it may think just.

46.-(1) Where it appears by the return made by the bailiff that
the copy of the indictment and notice of trial has been duly
served, and the accused person, on being thrice called on the day
appointed for trial, does not appear, a motion may be made on be-
half of the prosecution, if the accused person has been admitted to
bail, that he and his sureties, if any, may be called their recog-
nizances, and, in default of his appearance, that the same may be
estreated.
(.2) On any such application the Court shall make such order as
it may think just.

47. Where any person against whom an indictment has been
duly preferred, and who is then at large, does not appear to plead
to such indictment, whether he is under recognizance to appear or
not, the Court may issue a warrant for his apprehension.

48. Outlawry in criminal cases shall be abolished.

49. If the accused person is at the time confined for some other
cause in any prison, the Court or a Judge may, by order in writing,
without writ of habcas corpus, direct the keeper of such prison to
bring up the body of such person, as often as way be required, for
the purpose of the trial, and the keeper shall obey such order.

Arraignment.
50-(1) The accused person shall be placed at the bar unfettered
and not in prison clothes, unless the Court sees cause to direct other-
wise.
(2) The indictment, shall then be read over to him by the
Registrar, and explained, if necessary, by the Registrar or the
interpreter of the Court; and he shall be required to plead instantly
thereto, unless he objects to the want of due service of the indict-
ment and notice of trial, and the Court finds that he has not been
duly served therewith.
As amended by 50 of 1911.





51. The accused person, on being arraigned, by pleading
generally the plea of 'Not Guilty,' shall, by such plea, without
further form, be deemed to have put himself upon the country for
trial.

52. If an accused person, on being arraigned, stands mute of
malice or will not answer directly to the indictment, the Court
shall, if it thinks fit, order the Registrar to enter a plea of 'Not
Guilty' on behalf of such accused person; and the plea so entered
shall have the same force and effect as if such accused person had
actually pleaded the same.

53. Where an indictment contains a count ebargling the accused
person with having been previously convicted, he shall not, at the
tline of his arraignment, be required to plead to it unless he pleads
guity to the rest of the indictment, nor shall such count be
mentioned to the ury when he is given in charge to them or when
they ale Sworn, nor shall he be tried tipon it if he is acquitted on
the other counts, but, if lie is convicted on any other part of the
indictment, he shall be asked whetlier he has been previously con-
victed as alleged or not; and if he says that he has not, or does not
say that he, has been so convicted, the jury shall be charged to
inquire into the matter as in other cases.

54.-(1) No objection to an indictment, shall be taken by way of
demurrer, but if an indictment does not state in substance an in-
dictable offence or states an offence not triable by the Court, the
accused person may move the Court, to quash it or in arrest of judg-
ment.

(2) If such motion is made before the accused person pleads, the
Court shall either quash the indictment or amend it.

(3) If the defect in the indictment appears to the Court during
the trial, and the Court does not think fit to amend the indictment,
it may either quash the indictment or leave the objection to be taken
in arrest of judgment.

(4) If the indictment is quashed, the Court may direct the
accused person to be detained in custody until the termination of
the session or to be released on bail, and may order him to plead to
another indictment when called on at the same session of the Court.

* As amended by l,',o. 50 of 1911 and No. 1 of 1912.





Amendment.

55.-(1) If, on the trial of any indictment, there appears to be
a variance between the proof and the charge in the indictment or
in any count in it, either as, preferred or as amended, the Court
may amend the indictment or any count in it, so as to make
it conformable with the proof. If the Court is of opinion that the
accused person has not been misled or prejudiced in his defence by
such variance, it shall make such amendment.

(2) If it appears that there is in the indictment, or in any count
in it, an omission to state, or a defective statement of anything
requisite to constitute the offence, or an omission to negative any
exception which ought to have been negatived, but that the matter
omitted or deficient is proved by the evidence, the Court shall, if it
is of opinion that the accused person has not been misled or
prejudiced in his dedence by such omission or defective statement,
annend the indictment or count by inserting in it the matter
omitted or deficient.

(3) The trial in either of these cases may then proceed in all
respocts as if the Andictment, or count had been originally framed as
amended: Provided that, if the Court is of opinion that the
accused person has been misled or prejudiced in his defence by any
such variance or omission or defective statement as aforesaid, but
that the effect of such misleading or prejudice might be removed
by adjourning or postponing the trial, the Court may, in its discre-
tion, make the amendment and adjourn the trial to a future day,
or discharge the jury and postpone the trial, on such terms as it may
think just.

(4) In determining whether the accused person has been misled
or prejudiced in his defence or not, the Court shall consider the
contents of the depositions, as well as the other circumstances of
the case.

56.-(1) In any case where an amendment is made, the order for
the amendment shall be indorsed on the indictment and be entered
in the minute book of the Court.

(2) Every verdict and judgment which rnay be given after the
making of any amendment shall be of the same force and effect in
all respects as if the indictment had been originally in the same form
in which it is after such amendment has been made.





(3) If it becomes necessary at any time for any purpose to draw
up a formal record in any case where an amendment has been made,
such record shall be drawn up in the form in which the indictment
is after such amendment has been made, without taking any notice
of the fact of such amendment having been made.

Conviction for Offence other than that chargcd.
57. If, on any trial for any felony, except murder or manslaughter,
where the indictment alleges that the accused person did cut, stab,
or wound any person, the jury are satisfied that the accused
person is guilty of the cutting, stabbing, or wounding charged in the
indictment, but are not satisfied that, lie is guilty of the felony
charged in the indictment, then and in every such case the jury may
acquit the accused person of such felony and find him guilty of
unlawful cutting, stabbing, or wounding, and therenpon the accused
person shall be liable to be punished in the sanie manner as if he
had been convicted upon an indictment for the misdemeanor of cut-
ting, stabbing, or wounding.

58. If, on any trial for robbery, the jury are satisfied that the
accused person is guilty of an assault with intent to rob, but are not
satisfied that he is guilty of the robbery charged in the indictment,
then and in every such case the jury may acquit the accused person
of such robbery and find him guilty of an assault with intent to rob,
and thereupon the acused person shall be liable, to be punished in
the same manner as if lie had been convicted upon an indictment for
feloniously assaulting with intent to rob.

59. If, on any trial for burglary, stealing in a dwelling house, or
breaking and entering and stealing in a shop, warehouse, or count-
ing house or in a building within the curtilage of a dwelling house,
the jury are satisfied that the accused person is guilty of some one
of the said offences, but are not satisfied that he is guilty of the
offence charged in the indictment, then and in every such case the
jury may acquit the accused person of the offence charged in the
indictment and find him guilty of the said other offence, and there-
upon the accused person shall be liable to be punished in the same
manner as if he had been convicted upon an indictment charging
him with such other offence.

60. If, on any trial for any offence, the jury are satisfied that the
accused person is guilty of an attempt to commit the offence charged
in the indictment, but are not satisfied that he is guilty of the full





offence so charged, then and in every such case the jury may acquit
the accused person of such offence and find him guilty of in attempt
to commit the same, and thereupon the accused person shall be liable
to be punished in the same manner as if he had been convicted upon
an indictment for attempting to commit such offence.

61. If, on any, trial for misdemeanor, the facts given in evidence
amount to a felony, the accused person shall not be therefore
acquitted of such misdemeanor ; and no person tried for such mis-
derileanor shall be liable afterwards to be prosecuted for felony on
the same facts, unless the Court thinks fit, to discharge the, jury
froni givilig any verdict on such trial and to direct the accused person
to be, prosecuted for felony, in which case the accused person way he
dealt with as if he had not been previously put on his trial for mis-
demeanor,

Proof of certain Matters.
62. Where an indictment contains a count charging the accused
person with having been previously convicted, and it becomes neces-
sury on the trial to prove such previous conviction, a copy of the
Conviction for the offene punishable on summary conviction or a
certificate containing the substance and effeet only (omitting the
formal part) of the indictment and conviction for the indictable
offence, as the case may be, purporting to be signed by the officer
having the custody of the records of the Court where the offender
was convicted, shall, on proof of the identity of the person, be
sufficient evidence of the said conviction, without proof of the
signature or official chameter of the person appearing to have signed
the same.

63. A certificate containing the substance and effect only (omit-
ting the formal part) of the indictment and trial for any indictable
offerice, purporting to be signed by the Registrar, shall, on the trial
of any indictment for perjury or subornation of perjury, be
sufficient evidence of the trial of the said indictment, without proof
of the signature or official character of the person appearing to have
signed the same,

64-(1) On the trial of any person for having received property
knowing it to be stolen or for having in his possession stolen
property, evidence may be given that there was found in the

As rmciided by 1 of 191j.
1





possession of the accused person other property stolen within the
preceding period of 12 months, atid such evidence may be taken
into consideration for the purpose of proving that the accused pergon
knew the property inof which he is then being tried to be-
stolen.
(2) Where, on the trial of any person for having received pro-
perty knowing it to be stolen or for having in his possession stolen
property, evidence has been given that the stolen property was found
in his possession, then, if the accused person has, within 5 years
immediately preceding, been convicted Of any offence involving fraud
or dishonesty, evidence of such previous conviction may be given,
and may be taken into consideration for the purpose of proving that
the accused person knew the property which was found in his
possession to have been stolen ; provided that not less than 7 days'
notice in writing has been given to the accused person that proof
is intended to be given of such previous conviction ; and it shall not
be necessary for the purposes of this section to charge in the indict
ment the previous conviction of the accused person.

65. On the trial of an issue on a plea of autrefois convict or
autrefois acquit, the depositions transmitted to the, Registrar or
Attorney General on the former trial, together with the Judge's
notes, if available, arid the depositions transmitted to the Attorney
General on the subsequent charge, shall be admissible in evidence
to prove or disprove the identity of the charges.

Case punishable on Summary Conviction.
66-(1) If, either before or during the trial of an accused person,
it appears to the Court that such person has been guilty of an
offence punishable on summary conviction, the Court may either
order that the case shall be remitted to a Magistrate with such
directions as it may think proper or allow the case to proceed, and,
in case of convidion, impose such punishment upon the person so
convicted as might have been imposed by a Magistrate and as the
Court may deem proper.
(2) It shall be the duty of the Magistrate to whom any such
directions are addressed to obey the same.
Verdict and Judgnient.
67.-(1) No verdict of any jury against any person, and no sen-
tence of the Court on any person, who is found guilty of larceny,





embezzlement, fraudulent application or disposition of anything, or
obtaining anything by false pretences shall be set aside or reversed,
if on the trial there was evidence to prove that such person com-
mitted any one of such offences.
(2) The punishinent awarded against, such person shall not
exceed the punishment which could have been awarded for the
offence actually committed, according to the proper legal designation
thereof, and no person so convicted shall be liable to be afterwards
prosecuted for any such offence on the same facts.

68. No judgment shall be stayed or reversed-
(1) on the ground of any objection which, if stated before the jury
were empanelled or during the progress of the trial, might have been
amended by the Court ; or
(2) because of any error committed in summoning or swearing the
jury or any of them ; or
(3) because any person who has served on the jury has not been
returned by the Registrar ; or
(4) because of any objection which might have been stated as a
ground of challenge of any of the jurors; or
(5) because of any infortnality in swearing the witnesses or any
of them.
69. Where the Court sentences any person to undergo a term of
iimprisonment for an offence, and such person is already undergoing,
or has been at the same session of the Court sentenced to undergo,
imprisonment for another offence, it shall be lawful for the Court to
direct that such imprisonment shall commence at the expiration of
the term of imprisonment which such person is then undergoing or
has been so previously sentenced to undergo, as aforesaid.

70. No confession, verdict, inquest, conviction, or judgment of or
for any treason or felony or felo de se shall cause any attainder or
corruption of blood or any forfeiture or escheat.

71. In any case where the trial of an accused person is postponed,
it shall. be lawfulfor the Court to respite the recognizance of the
accused person and his surety or sureties, if any, accordingly; and
in such case the accused person shall be bound to appear to be tried
at the time and place to which such trial may be postponed, without
entering into any fresh recognizance for tbat purpose, in such and





the same manner, and with the same consequences in all respects,
as if he was originally bound by his recognizance to appear and be
tried at the time and place to which such trial has been so postponed.

Costs and Compensation.
72.-(1) It shall be lawful for the Court, on the conviction of any
porson for an indictable offence, in addition to such sentence as may
otherwise by law be, passed, to condemn such person to the payment
of the whole or any part of the costs or expenses incurred in and
about the prosecution and conviction for the offence of which he is
convicted.

(2) The payment of such costs and expenses or any part thereof
may be ordered by the Court to be made out of any, moneys taken
from such person on his apprehension, or may be, enforeed at the
instance of any person liable to pay or who may have paid the same
in such and the same manner as the payment of any costs ordered
to be paid by judgment or order of the Supreme Court in any civil
action or proceeding may be enforced : Provided that in the mean-
time and until the recovery of such costs and expenses from the
person so convicted as aforesaid or from his estate, the same shall
be paid and provided for in the same manner as if this Ordinance
had not been passed; and any money which may be recovered in
respect thereof from the person so convicted, or froin his estate, shall
be applicable to the reimbursement of any person or fund by whom
or out of which such costs and expenses may have been paid or
defrayed.

71-(1) It shall be lawful for the Court, oil the application of
any person aggrieved and immediately after the conviction of any
person for in indictable offence, to award uiiy sum of money, not
exceeding 500 dollars, by way of satisfaction or compensation for
any loss of property suffered by the applicant through or by means
of the said offence.
(2) The amount awarded for such satisfaction or compensation
shall be deemed a judgment debt due to the person entitled to receive
the same from the person so convicted, and the order for payment
of such amount may be enforced in such and the same manner as
in the case of any costs or expenses ordered by the Court to be paid
under the last section.

* As amended by No. 1 of 1912.
f As amended by No. 50 of 1911 and No. 1 of 1912.





Arraignment and Trial of Insane Person.
74-(1) If an accused person appears, either before or on arraign-
ment, to be insane, the Court may order a jury to be empanelled to
try the sanity of such person, and the jury shall thereupon, after
heaxing evidence for thatfind whether such person is or is
not insane and unfit to talke his trial.

(2) If, during the trial of an acensed person, such person appears,
after the bearing of evidence to that effect or otherwise, to the jury
charged with the indictment to be insane, the Court shall in such
ca3e direct the jjury to abstain from finding a verdict upon the indict-
ment and, in lieu thereof, to return a verdict that such person is
insane: Provided that a verdict under this section shall not affect
the trial of any persun so found to be insane for the offence for which
he was indieted in case he subsequently becomes of sound mind.

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

76-(1) Where any person is found to be insane under the pro-
visions of section 74, or has special verdict found against him
under the provisions of the last section, the Court shall direct the
finding of the jury to be recorded, and therenpon the Court may
order sneh person to be detained in such custody, in such place and
manner as the Court thinks fit, until his pleasure shall
be known.
(2) The Judge shall immedlately report the finding of the jury
and the detention of such person to the Governor, who shall order
such person to be dealt with as a lunatic under the laws for the care
and custody of lunatics, or otherwise as be may think proper.

* As amemled by No. 50 of 1911, No. 51 of 1911 and No. 1 of 1912.





Sentence of Death upon pregnant Woman.
77.-(1) If sentence of death is passed upun any woman, she may
move in arrest of execution on the ground that she is pregnant. If
such a motion is made, the Court shall direct two or more medical.
practitioners to be sworn to examine the woman in some private
place, either together or successively, and to inquire whether she is
with child of a quick child or not. If, on the report of any of them,
it appear to the Court that she is so with child, execution shall be
arrested until she is delivered of a child, or until it is no longer
possible in the course of nature that she should be so delivered.
(2) No jury de ventre inspiciendo shall be empanelled or sworn in
any such case.

PART IV.
PROCEEDINGS SUBSEQUENT To TRIAL.
Reservation of Question of Law
78--(1.) The Judge may reserve for the consideration of the Full
Court any question of law which may arise on the trial of any Indict-
ment, and, in case the accused person is convicted, may postpone
judgment until such question has been considered and decided, and
in the meanwhile may commit the person convicted to prison or take
a recognizance of ball, with or without one or more sufficient
sureties, and in such sum as be may think fit, conditioned to appear
at such time or times as the Court may direct and receive Judgment.
(2) Upon, the consideration of the question so reserved, it shall be
lawful for the Full Court either to affirm or to the conviction,
and to make, such other orders as imay be necessary to give effect to
its decision.

Restitution of Property.
79-(1) Subject as hereinafter provided, where any person is con-
victed of an indictable offence, any property found in his possession,
or in the possession of any other person for him, may be ordered by
the Court to be delivered to the person who appears to the Court to
be entitled thereto.
(2) Where any person is convicted before the Court of having
stolen or dishonestly obtained any property and it appears to the

As amendedby -No. 50 of 1911 and No. 1 of 1912.
As ainencled by N1o. 1 of 1912.





Court that the same has been pawned to a pawnbroker or other per-
son, the Court may order the delivery thereof to the person who
appears to the Court to be the owner, either on payment or without
payment to the pawnbroker or other person of the amount of the
loan or any part thereof, as to the Court, according to the conduct
of the owner and the pawnbroker or other person and the other
circunistances of the case, may seem just. If the person in whose
favour any such order is made pays the money to the pawnbroker
or other person under such order, and obtains the property, he shall
not afterwards question the validity of the pawn; but, save to that
extent, no order made under this section shall have any further
effect than to change the possession, and no such order shall pre-
judice any right of property or right of action in respect to property
existing or acquired in the goods either before or after the offence
was committed.
(3) Nothing in this section shall prevent any Magistrate or the
Court from ordering the return to any person charged with an
indictable offence, or to any person named by the Court, of any
property found in the possession of the person so charged or in the,
possession of any other person for him, or of any portion thereof,
if the Magistrate or the Court is of opinion that such property or
portion thereof can be returned consistently with the interests of
justice and with the safe custody or otherwise of the person so
charged.

80. Where any person is convicted of larceny or of any other
offence which includes the stealing of any property, and it appears
to the Court that the convicted person has sold the stolen property
to any person and that the purchaser had no knowledge that the
same was stolen, and any money has been taken from the convicted
person on his apprehension, it shall be lawful for the Court, on the
application of the purchaser and on the restitution of the stolen
property to the person injured, to order that, out of such money, a
sum not exceeding the proceeds of the sale be delivered to the
purchaser.

Calendar of Sentences.
81-(1) As soon as conveniently may be after the conclusion of
each session, a copy of the calendar of sentences, under the hand
of a Judge and the seal of the Court, sliall be transmitted by the
Registrar to the Colonial Secretary.





(2) A similar copy shall also be transmitted by the Registrar to
the keeper of the prison, who shall record tbe same, and such
calendar shall be a sufficient warrant for receiving and detaining all
prisoners named thercia, and for carrying into effect all sentences
set forth therein, other than sentences of death.
(3) In the event of the copy of a calendar kept by the keeper of
the prison being lost or destroyed, a fresh copy, signed and sealed as
above inentioned, shall be delivered by the Registrar to the keeper
and shall have the same effect as the copy first given to that officer.
82.-(1) At the end of each day's sitting of the Conrt in every
session, the Registrar shall deliver to the keeper of the prison or his
deputy a certificate, in form 5 in the schedule, of all sentences passed
by the Court during that day.-
(2) Such certificate shall be a sufficient warrant to the keeper for
receiving into his custody all prisoners named therein, and for carry-
ing into effect all sentences, described therein, other than sentences
of death, until the calendar of sentences for that session is received
by him.
Undergoing Sentence, etc.
83. Where any person convicted of any felony not punishable with
death has endured or shall endure the punishment, to which he has
been or may be sentenced for the same, the punishment so endured
has and shall have the like effects and consequences as a pardon
under the public seal as to the felony whereof the offender was or
may be so convicted: Provided that nothing herein Contained, nor
the enduring of such punisliment, shall prevent or mitigate any
punishment to which the offender might otherwise be lawfully sen-
tenced on a subsequent conviction for any other felony.
84. When any case has been finally disposed of, the Crown
Solicitor shall deliver to the Registrar all the original documents in
the case which have been transmitted to him by the Magistrate, and
such documents shall be filed in the Registrar's office or otherwise
dealt with as the Court may direct.

PART. V.
MISCELLANEOUS PROVISIONS.
Ownership of Property.
85.-(1) Where, in any document, in any proceeding under this
Ordinance, it is necessary to state the ownership of any property
As amended by No. 50 of 1911 and No. 8 of 1(012.
As amended by No. 21 of 1912.





which belongs to or is in the possession of more than one person,
it shall be sufficient to name one of such persons and to state such
property to belong to the person so named and another or others
as the case may be.

(2) Where, in any such documet, it, is necessary to mention, for
any purpose whatever, any partners or other joint owners or
possessors, it shall be sufficient to describe them in manner afore
said.
(3) The provisions of this section shall be construed to extend to
all joint stock companies and associations, societies, and trustees.

86. Where, in any such document, it is necessary to state the
ownership of any church, chapel, or buildillg Set apart for religious
worship, or of anything belonging to or being in the same, it shall
be sufficient to state that such church, chapel, or building, or such
thing is the property of the clergyman, or of the officiating minister,
or of the church body or of the churchwardens of such church,
chapel, or building, without its being necessary to name him or
them.

87. Where, in any such document, it is necessary to state the
ownership of any work or building made, erected, or maintained,
either in whole or in part, at the expense of the Government, or
of any city, town, or village, or of anything belonging to or being
in or used in relation to the same, or of anything provided for the
use of the poor of any public institution or establishment, or of
any materials or pools provided or used for making, altering,
or repairing any such work or building or any public road or high-
way, or of any property whatever of the Government it shall
be sufficient to state tliat such property is the property of the
Government, or of the city, town, or village, as the case may be,
without naming any of the inhabitantss thereof.

88(1) Every married woman shall have in her own name
against all persons whowsoever, includirig her husband (subject as
regards her husband to the proviso hereinafter contained) the same
remedies and redress, by way of criminal procedings, for the pro-
tection and security of her own separate property as if such
property belonged to her as un unmarried woman.

* amended by No. 2 of 1912.
+ As ,tiiteti(led by No. 1 of 1912, No. 2 of 1912 aixI, No, 21 of W121.
& As uniended by No. 1 of 1912.





(2). In any indictment or other proceeding under this section., it
shall be sufficient to allege the property to which the indictment or
other proceeding relates to be the property of the married woman,
and in any proceeding under this section a hnisband or wife shall be
competent to give evidence against each other, any statute or rule
or law to the contrary notwithstanding: Provided that no proceed-
ing shall be taken by any wife against her husband by virtue of the
section, while they are living together, as to or concerning any
property claimed by her, or, while they are living apart, as to
or concerning any act done by the husband, while they were living
together, concerning property claimed by the wife, unless such pro-
perty has been wrongfully taken by the husband when leaving or
deserting, or about to leave or desert, his wife.

89. A wife who does any act with respect to any properly or her
husband, which, if done by the husband with respect to property of
the wife, would make the husband liable to criminal proceedings by
the wife under the last section, shall in like manner be liable
to criminal proceedings by her husband.

Apprehension of Offenders.
90.-(1) Any person who is found committing an indictable
offence may be apprehended by any person whomsoever, without
warrant.
(2) Any person whosoever may, without warrant, arrest any
person on a charge of having committed an indictable offence, if such
an offence has actually been committed or if the person arrested is
being pursued by hue and cry, but not otherwise.
(3) Any person to whom any property is offered to be sold, pawned,
or delivered, and who has reasonable gronrid to suspect that
any indictable offence has been or is about to be committed on or
with respect to such property, 1may, and, if he can, shall, without
warrant, apprehend the person offering the same and take possession
of the property so offered.
(4) Every person who finds any person in possession of any pro-
perty which he, on reasonable grounds, suspects to have been
obtained by inearis of an indictable Offence, may arrest such last-
mentioned person Withont warrant and take possession of the
property.

As amended by No. 50 of 1911.
A,; nmended by No. 51 of 1911 and No. 2 nf 1912.





(5) Every person who arrests any person under any of the pro-
visions herein contained shall (if the person making the arrest is not
himself a police officer) deliver the person so arrested, and the
property, if any, taken possession of by him, to some police officer
in order that he may be conveyed as soon as reasonably may be
before a Magistrate, to be by him dealt with according to law, or
himself convey him before a Magistrate, as soon as reasonably may
be, for that purpose.

(6) Nothing in this section shall affect the powers of apprehension
conferred upon constables or other persons by any other enactment.

Seizure of Property.
91. Any Magistrate or the Court may order the seizure of any
property which there is reason to believe has been obtained by, or
is the proceeds of, any indictable, offence, or into which the proceeds
of any indictable offence have been converted, and may direct that
the same shall be kept or sold, and that the same, or the proceeds
thereof, if sold, shall be held as lie or it directs, until some person
establishes, to his or its satisfaction, a right thereto. If no person
establishes such a right within 12 months from the seizure, such
property, or the proceeds thereof, shall beconic vested in the
Treasurer, and shall be disposed of

92. Any Maodstrate or the Court may order the seizure of any
instruments, materials, or things which there is reason to believe
are provided or prepared, or being prepared, with a view to the
commission of any indictable offence, and may direct the same to
be held and dealt with in the same manner as property seized under
the last section.

93. An order made under either of the last two sections may be
enforced by a search warrant.

94. If, on the. apprehension of any person charged with an indict-
able offence, any property is taken from him, a report shall be made
by the police to the Magistrate or the Court of the fact of such
property having been taken from such person and of the particulars
of such property.

95. If, on the apprehension of any person charged with an indict-
able offence, any money is taken from him, the Court may, in its
* As aincii(IG(I 1) v No. 50 of 1911 and No. 1 of 1912.
t AS aillowled by No. 50 of 1911.





discretion, in case, of the conviction of such person, order such
money or any part thereof to be applied to the payment of any costs,
or costs and compensation, directed to be paid by such person.

Probation of First Offenders.
96-(1) Where any person is convicted of larceny, or of em-
bezzlement, or of obtaining anything by false pretences, or of any
other indictable offence punishable with not more than 2 years
imprisonment and no previous conviction is proved against him, if
it appears to the Court that, regard being had to the youth, charac-
ter, or antecedents of the offender, to the trivial nature of the
offence, or to any extenuating circumstances under which the
offence was committed, it is expedient that the offender be released
on probation of good conduct, the Court may instead of sentencing
him at once to any punishment, direct that he be released on his
entering into a recognizance, with or without a surety or sureties
and during such period as the Court may direct, to appear for sen-
tence when called upon, and in the meantime to keep the peace and
bc of good behaviour.
(2) In any such case the Court may, if it thinks fit, order the
Offender to pay such compensation, not exceeding 50 dollars, and
such costs of the proccedings, or either of them as the Court may
think reasonable and such compensation shall be payable to such
person as the Court may direct.

97.-(1) If, in any such case, a Magistrate or the Court is
satisfied by an information in writing and upon oath, that the
offender has failed to observe any of the conditions of his recog-
iiiz,,j,iice, such Magistrate or the Court may issue a warrant for his
apprehension.
(2) An offender, when apprehended on any such warrant, shall,
if not brought forthwith before the Court, be brought before a
Magistrate and the Court or A1agistrate may either remand him, by
warrant, until the time at which he was required by his recog-
nizance to appear for sentence or until the next session of the Court,
or may direct him to be released on his entering into a recognizance,
with or without a surety or sureties, conditioned for his appearance
to receive sentence.
(3) An offender, when remanded on any such warrant, may be
committed to prison, and the warrant of remand shall order that he
be, bronght before the Court to be dealt with according to law.





98.-The Court, before directing the release of an offender under
section 96, shall be satisfied that the sureties, if any, have fixed
places of abode or regular occupation in the Colony,

Enforcing Recognizance.
99-(1) The Registrar shall, before the close of the last day's
sitting of the Court at each session, make out a list of all persons
bound by recognizance to appear or to do any other thing, or who
have been bound for the appearance of any other person or for
his doing any other thing, at the said session and who have made
default, or whose principal, or other person for whom they are so
bound, has made default, to appear or to do such other thing at the
said session; and the Registrar shall, if he is able to do so, state the
cause why such default has been made.
(2) The list so made out shall be examined, and, if necessary,
corrected aind signed by the Judge, and shall be delilvered by the
Registrar to the bailiff.

100. A writ of execution shall be issued from the Registrar's office
against every such person who is liable on a recognizance in respect
of any such default, and shall be delivered to the bailiff; and such
writ shall be the authority of the bailiff for levying and recovering
such forfeited recognizance on the real and personal property of such
person and for taking into custody the body of such person, in case
sufficient real or personal property is not found whereon levy may
be made.

101. Every person who is arrested under the provisions of the last
section shall be committed to prison and be there kept until the
next session of the Court, there to abide the decision of the Court,
unless in the meantime the forfeited recognizance, or a sum of
money in lieu or satisfaction thereof, is paid, together with all costs
and expenses in consequence of his arrest and detention : Provided
that if any person so arrested and imprisoned gives to the bailiff
good and sufficient ball for his appearance at the next session of the
Court, to abide the decision of the Court, and for the payment of the
forfeited recognizance or a sum of money in lieu or satisfaction
thereof, together with such costs as may be awarded by the Court,
then it shall be lawful for the bailiff, and he is hereby required,
forthwith to cause such person to be, discharged out of custody.

As ainended by No. 1 of 1912.
As amended by No. 50 of 1911.





102. If such person falls to appear at the next session of the
Court in pursuance of his undertaking in that behalf, the Court may
order that a writ of execution be issued from the Registrar's office
against the surety or sureties of the person so bound as aforesaid,
and such writ shall be delivered to the bailiff, who shall proceed as
therein directed : Provided that the Court may, in its discretion,
order the discharge, of the whole or any part of the forfeited recog-
nizance or of the sum of morley paid or to be paid in lieu or
satisfaction thereof.

Fines, Forfeitures, contempts.
103.-(1) The bailiff shall, without further warrant or authority,
arrest any person, upon whont any fine has been imposed by the
Court, or by whom any forfeiture has been incurred and who is
adjudged to pay the same by the Court, and be shall thereupon be
detained in custody in a prison until the fine or forfeiture imposed
on or incurred by him is paid and satisfied, together with all costs
and expenses in consequence of such arrest and detention: Provided
that no such imprisonment, (which shall be, without hard labour)
shall exceed 12 months in duration : Provided, also, that
may at any time order the discharge of any such prisoner.

(21) The return of the bailiff, or of the keeper of the prison, to
any writ of habeas corpus of an arrest or detainer under any judg-
ment or order of the Court for non-payment of any fine or forfeiture
imposed or incurred as aforesaid shall be deemed sufficient in law,
provided there appears in or is attached to such return a certificate
by the Registrar, setting forth the judgment or order by virtue of
which such arrest or detainer was made.
(3) The Court or a Judge, shall have power to reduce or remit any
fine or forfeiture imposed by the Court, or incurred by any person
in respect of the Court, at any time within 3 months after such fine
or forfeiture has been imposed or incurred, provided such fine or
forfeiture has not been already paid or satisfied.

Pardon.
104. A Magistrate or the Court may, with the consent in writing
of the Attorney General, order that a pardon be granted to any
person accused or suspected of, or committed for trial for, any

aniended b v No. 2 of 1912).
Asby No, 1 of 1912.





indictable offence, on condition of his giving full and true evidence
on any preliminary inquiry or any trial; and such order shall have
effect as a pardon by the Governor, but may be withdrawn by the
Magistrate or the Court on proof that such person has withheld
evidence or given false evidence.

105. In every case where either a free or conditional pardon is
granted to any person, the discharge of the offender in the case of
a free pardon, and the performance of the condition, in the case of
a conditional pardon, shall have the same effec as a pardon has in
the like cases under the public seal.

106.-(1) Whenever the Governor, in the name and on behalf of
His Majesty, is pleased to grant to any offender a pardon under the
public, seal or to issue any warrant for the commutation of any
sentence of death, the Registrar shall be bound, on the direction of
the Governor to record such pardon or warrant in the book to be
kept by him for that purpose, and to indorse such pardon or warrant
(2) Every such pardon and warrant shall be valid and effectual
for all purposes whatsoever, and it shall be the duty of all Courts,
Judges, Magistrates, officers, and others, on production thereof, to
take notice of and to give effect to the same.

107. Subject as hereinbefore provided, nothing in this Ordinance
shall affect His Majesty's prerogative of mercy or any prerogative
of mercy vested in the Governor.

Error, etc.
108. No proceeding in error shall be taken upon any trial under
the provisions of this Ordinance.

109. The practice and procedure in respect of any charge of or
trial for treason or misprision of treason shall be, as nearly as
possible, but subject to the provisions of any enactinent relating to
juries, the same as the practice and procedure in respect of a charge
of or trial for a like offence in England.

11T Where, in any Ordinance, or in ally rules, regulation, by-
law, or order, or in any other document of whatever kind, reference

As amonded by No. 2L of 1912.
As amended by No. 51 of 1911 and No, 21 of 1912.
t ,\s amondud by No, 51 of 191,1 and No. 1 of 1012.
As amended by No. 1 of 1.912 and No. 2 of 1912.





is made to an ' information ' in the Court in respect of an indict-
able offence, such reference shall, unless the context otherwise
requires, be taken as applying to an indictment in the Court.

111. All rules and orders of the Court which are inconsistent with
the, provisions of this Ordinance shall and the same are hereby
declared to be of no force or effect

SCHEDULE.

Hongkong.
FORM NO. 1 . [s. 17, (2)]

Be it remembered that His Majesty's Attorney Gencral declines to file any
indictment against detained in the custody of
upon a charge of

Given under my hand this day of , 19 .
Attorney General.
To the Registrar of the Supreme Court.

Foini No. 2. rs. 17 (2).'~
In the Sapreme Court of Honylcong.

Whereas is detained in your custody under the warrant of
upon a charge of and whereas the Attorney
Gencral declines to file any indictinentthe said
you are thereforo hereby authorized and required forthwith to discharge the said
from your custody without fee or reward.

Given under my hund and the seal of the Court the day of
19 .
Registrar.

FORM No. 3.
Indictment. [s. 18.]

IN THE SUPREME COURT OF HONGKONG.
At the Ordinary Criminal Session of the Supreme Court 1101dell it,
Victoria for the month of 19 , [or, in case of Special
Session, At the Special Criminal Session of the Supreme Court,
holden at Victoria on the day of 19 ]
the Court is inforined by the Attorney General, on behalf of our Lord
the King, that A.B., on the day of , 19 , at
in this Colony, three pairs of shoes and one waistcoat, the
property of C.D., feloniously did steal, take, and carry away.

(Signed.) Attorney General.

As aniended by No. 5 of 190,1 and No. 8 rF 1012.
As amended by No. 51 of 1911 and No. 8 of 191~.
And if there are more counts than one, then the sceond and every subsequent count, if
any, may, with the necessary additions and modifications, be in the following form
And also, that the said A.B., on the day of
19 , at in this Colony, three pairs of shoes and one
waistcoat, the property of C.D., before then feloniously stolen, taken,
and carried away, feloniously did receive and have, lie, the said A.B.,
at the time when he so received the said three, pairs of shoes and the
said waistcoat as aforesaid, then well knowing the same to have been
feloniously stolen, taken, and carried away.


Form No. 4. [s. 29.]
Notice of Trial of Indictnient.
IN THE SUPREME COURT OF HONGKONG.

To A.B.
TAKE notice that you will be tried on this indictment [or on the indictment whereof
this is a true copy] tit the Criminal Session of the, Supreme Court, to be holden at
Victoria, in and for the Colony of Hongkong, on the day of ' 19 .
(Signed.) Registrar.

FORM No. 5. [s. 82.]
Certificate of Sentences.
IN THE SUPREME COURT OF HONGKONG.
To the

This is to certify that the undermentioned persons were sentenced this day to undergo
the undermentioned punisbuients, namely,-
A.B., six months' imprisonment with hard labour.
C.D., two years' imprisonment with hard labour.

Dated this day of , 19 .

(Signed.) Registrar.

Short title. Interpretation of terms. Master of Crown Office. Ordinary and special sessions of the Court. Bringing of prisoners before the Court for trial. Bringing of certain classes of prisoners before the Court for delivery. Assistance to be given by police. Prisoners entitled to be discharged. Prisoners entitled to be discharged. Procedure of the Court in matter not provided for. Transmission of documents relating to case. Power to Attorney General to refer back case to be dealt with summarily; Power to refer back case for further inquiry. Further provisions as to referring back of case. No. 3 of 1890. Power to the Court or Judge to bail accused person. Institution of proceedings by Attorney General declines to file an indictment. Signing and form of indictment. Joinder of counts and proceedings thereon. Allegation in case of offence committed on high seas or in foreign parts. Averment as to money or bank note. Description of instrument in indictment. [14 & 15 Vict.c. 100 ss. 5, 7.] Indictment for perjury. [ib.s.20.] Indictment for subornation of perjury. [14 & 15 Vict.c. 100 s. 21.] Charge of previous conviction. General provisions as to matters not necessary to be alleged, etc. Power to order further particulars. Filing to indictment. Indorsement of notice of trial. Delivery of copy of indictment for service. Service of copy. Return of service. Form of plea of autrefois convict or acquit. Inspection of property by party or witnesses. Rule or order for attendance of jury. Suing out of subpoena for witness. Payment to be made by private prosecutor for service, etc. Service of subpoena. Return of service. Non-attendance of witness at adjourned trial. Procedure to witnesses where trial is postponed. General mode of trial. Cf. No. 6 of 1887. Trial at bar. Saving of right of Attorney General to file information for misdemeanor. Proceedings on non-appearance of prosecutor. Proceedings on non-appearance of accused person. Apprehension of accused person not appearing. Abolition of outlawry. Bringing up of accused person in custody for other cause. [30 & 31 Vict.c. 35 s. 10.] Arraignment of accused person. Effect of plea of 'Not Guilty.' Procedure where accused person on arraigment does not answer directly. Procedure on indictment containing count charging previous conviction. Objection of substance to indictment. Variances and amendments. [11 & 12 Vict.c. 46 s.4; 14 & 15 Vict.c.100 s. 1.] Proceedings on making of amendment. [14 & 15 Vict.c. 100 s. 2.] [14 & 15 Vict.c. 100 s. 3.] Conviction for wounding on indictment for felonious wounding. [14 & 15 Vict.c. 19 s. 5.] Conviction for assault with intent to rob on indictment for robbery. Conviction for burglary on indictment for stealing in dwelling house, etc. Conviction for attempt on indictment for full offence. [14 & 15 Vict.c. 100 s. 9.] Conviction for misdemeanor although facts in evidence amount to felony. [14 & 15 Vict.c. 100 s. 12.] Proof of previous conviction. [7 & 8 Geo. IV c. 28 s. 11.] Proof of previous trial on trial for perjury. [14 & 15 Vict.c. 100 s. 22.] Proof of guilty knowledge on indictment for receiving property knowing it to have been stolen. Proof on trial of plea of autrefois convict or acquit. Procedure where person is committed for trial through error. Special provision for saving. validity of verdict in case of larceny, etc. Prohibition of staying or reversal of judgment on specified grounds. Cumulative sentences. [7 & 8 Geo. IV c. 28 s. 10.] Abolition of attainder. [33 & 34 Vict.c. 23 s. 1.] Effect on recognizance of postponement of trial. Court may award costs against person convicted of indictable offence. [33 & 34 Vict.c. 23 s. 3.] Court may award compensation to person defrauded or injured by commission of indictable offence. [ib.s.4.] Procedure where accused person appears on arraignment or during trial, to be insane. Special verdict where accused person found guilty, but insane at time of offence. [46 & 47 Vict.c. 38 s. 2(1).] Provision for custody of accused person found insane. [ib.s.2(2).] Motion in arrest of execution by pregnant woman sentenced to death. Power to reserve question of law for consideration of the Full Court. Restitution of property in case of conviction. Restitution of stolen property by purchaser thereof. [30 & 31 Vict.c. 35 s. 9.] Transmission and effect of calendar of sentences after each session. Delivery and effect of certificate of sentences after each day's sitting. Effect of undergoing sentence for felony not punishable with death. [9 Geo. IV c. 32 s. 3.] Filing of original documents. Mode of stating ownership of property of partners, etc. [7 Geo. IV c. 64 s. 14.] Mode of stating ownership of church, etc. Mode of stating ownership of public property. [7 Geo. IV c. 64 ss. 15, 16.] Criminal remedies of married woman against her husband and others in respect of property. [45 & 46 Vict.c. 75 s. 12.] Criminal liability of wife to husband. [45 & 46 Vict.c. 75 s. 16.] Summary apprehension of offender in certain cases. Seizure of property the proceeds of indictable offence. Seizure of things intended to be used in commission of indictable offence. Enforcement of order of seizure. Report of property found upon person apprehended. Application of money found upon person apprehended. Court may release first offender on probation. [50 & 51 Vict.c. 25 s. 1.] Procedure in case of offender failing to observe conditions of his recognizance. [ib.s.2.] Conditions as to abode of offender, etc. [50 & 51 Vict.c. 25 s. 3. ] Preparation of list of persons making default on recognizance. [7 Geo. IV c. 64 s. 31.] Issue of writ of execution. Apprehension and detention of person making default where recognizance is unsatisfied. Failure of such person when released to appear at next session. Proceedings against person fined by the Court. Power to the Court to grant conditional pardon. Effect of pardon. [7 & 8 Geo. IV c. 28 s. 13.] Recording of pardon. Saving of prerogative of mercy. Prohibition of proceedings in error. Procedure on trial for treason. No. 6 of 1887. Interpretation of reference to information. Repeal of rules and orders.

Short title. Interpretation of terms. Master of Crown Office. Ordinary and special sessions of the Court. Bringing of prisoners before the Court for trial. Bringing of certain classes of prisoners before the Court for delivery. Assistance to be given by police. Prisoners entitled to be discharged. Prisoners entitled to be discharged. Procedure of the Court in matter not provided for. Transmission of documents relating to case. Power to Attorney General to refer back case to be dealt with summarily; Power to refer back case for further inquiry. Further provisions as to referring back of case. No. 3 of 1890. Power to the Court or Judge to bail accused person. Institution of proceedings by Attorney General declines to file an indictment. Signing and form of indictment. Joinder of counts and proceedings thereon. Allegation in case of offence committed on high seas or in foreign parts. Averment as to money or bank note. Description of instrument in indictment. [14 & 15 Vict.c. 100 ss. 5, 7.] Indictment for perjury. [ib.s.20.] Indictment for subornation of perjury. [14 & 15 Vict.c. 100 s. 21.] Charge of previous conviction. General provisions as to matters not necessary to be alleged, etc. Power to order further particulars. Filing to indictment. Indorsement of notice of trial. Delivery of copy of indictment for service. Service of copy. Return of service. Form of plea of autrefois convict or acquit. Inspection of property by party or witnesses. Rule or order for attendance of jury. Suing out of subpoena for witness. Payment to be made by private prosecutor for service, etc. Service of subpoena. Return of service. Non-attendance of witness at adjourned trial. Procedure to witnesses where trial is postponed. General mode of trial. Cf. No. 6 of 1887. Trial at bar. Saving of right of Attorney General to file information for misdemeanor. Proceedings on non-appearance of prosecutor. Proceedings on non-appearance of accused person. Apprehension of accused person not appearing. Abolition of outlawry. Bringing up of accused person in custody for other cause. [30 & 31 Vict.c. 35 s. 10.] Arraignment of accused person. Effect of plea of 'Not Guilty.' Procedure where accused person on arraigment does not answer directly. Procedure on indictment containing count charging previous conviction. Objection of substance to indictment. Variances and amendments. [11 & 12 Vict.c. 46 s.4; 14 & 15 Vict.c.100 s. 1.] Proceedings on making of amendment. [14 & 15 Vict.c. 100 s. 2.] [14 & 15 Vict.c. 100 s. 3.] Conviction for wounding on indictment for felonious wounding. [14 & 15 Vict.c. 19 s. 5.] Conviction for assault with intent to rob on indictment for robbery. Conviction for burglary on indictment for stealing in dwelling house, etc. Conviction for attempt on indictment for full offence. [14 & 15 Vict.c. 100 s. 9.] Conviction for misdemeanor although facts in evidence amount to felony. [14 & 15 Vict.c. 100 s. 12.] Proof of previous conviction. [7 & 8 Geo. IV c. 28 s. 11.] Proof of previous trial on trial for perjury. [14 & 15 Vict.c. 100 s. 22.] Proof of guilty knowledge on indictment for receiving property knowing it to have been stolen. Proof on trial of plea of autrefois convict or acquit. Procedure where person is committed for trial through error. Special provision for saving. validity of verdict in case of larceny, etc. Prohibition of staying or reversal of judgment on specified grounds. Cumulative sentences. [7 & 8 Geo. IV c. 28 s. 10.] Abolition of attainder. [33 & 34 Vict.c. 23 s. 1.] Effect on recognizance of postponement of trial. Court may award costs against person convicted of indictable offence. [33 & 34 Vict.c. 23 s. 3.] Court may award compensation to person defrauded or injured by commission of indictable offence. [ib.s.4.] Procedure where accused person appears on arraignment or during trial, to be insane. Special verdict where accused person found guilty, but insane at time of offence. [46 & 47 Vict.c. 38 s. 2(1).] Provision for custody of accused person found insane. [ib.s.2(2).] Motion in arrest of execution by pregnant woman sentenced to death. Power to reserve question of law for consideration of the Full Court. Restitution of property in case of conviction. Restitution of stolen property by purchaser thereof. [30 & 31 Vict.c. 35 s. 9.] Transmission and effect of calendar of sentences after each session. Delivery and effect of certificate of sentences after each day's sitting. Effect of undergoing sentence for felony not punishable with death. [9 Geo. IV c. 32 s. 3.] Filing of original documents. Mode of stating ownership of property of partners, etc. [7 Geo. IV c. 64 s. 14.] Mode of stating ownership of church, etc. Mode of stating ownership of public property. [7 Geo. IV c. 64 ss. 15, 16.] Criminal remedies of married woman against her husband and others in respect of property. [45 & 46 Vict.c. 75 s. 12.] Criminal liability of wife to husband. [45 & 46 Vict.c. 75 s. 16.] Summary apprehension of offender in certain cases. Seizure of property the proceeds of indictable offence. Seizure of things intended to be used in commission of indictable offence. Enforcement of order of seizure. Report of property found upon person apprehended. Application of money found upon person apprehended. Court may release first offender on probation. [50 & 51 Vict.c. 25 s. 1.] Procedure in case of offender failing to observe conditions of his recognizance. [ib.s.2.] Conditions as to abode of offender, etc. [50 & 51 Vict.c. 25 s. 3. ] Preparation of list of persons making default on recognizance. [7 Geo. IV c. 64 s. 31.] Issue of writ of execution. Apprehension and detention of person making default where recognizance is unsatisfied. Failure of such person when released to appear at next session. Proceedings against person fined by the Court. Power to the Court to grant conditional pardon. Effect of pardon. [7 & 8 Geo. IV c. 28 s. 13.] Recording of pardon. Saving of prerogative of mercy. Prohibition of proceedings in error. Procedure on trial for treason. No. 6 of 1887. Interpretation of reference to information. Repeal of rules and orders.

https://oelawhk.lib.hku.hk/items/show/901

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