Filing

information:

its effect.

107.—(1.) Every information, when signed, shall be filed in the Supreme Court. The fact that the information has been so signed and filed shall be equivalent to a statement that all conditions required by law to constitute the offence charged, and to give the Court jurisdiction, have been fulfilled in the particular case.

(2.) Provided always that when a trial is to be had at a distance from the place where an office of the Supreme Court is situated, the information may be filed, in the first instance, in the Provincial Court where such place is situated, and such filing shall have the same effect as if the information had been filed in the Supreme Court.

Form of

notice of trial.

Copy information and

notice of trial

NOTICE OF TRIAL.

108. The Registrar or his deputy, or any other person directed by the Court, shall endorse on, or annex to, every information and every copy delivered to the Sheriff or proper officer, for service thereof, a notice of trial, which notice shall specify the particular assizes at which the party is to be tried on the said information, and shall be in the following form, or as near thereto as may be :A.B.

Take notice that you will be tried on the information, whereof this is a true copy, at the assizes to be held at

on the

day of

109. The Registrar or other proper officer shall deliver, or cause to be delivered, to the Sheriff or proper officer serving the to be delivered information, a copy thereof, with the notice of trial endorsed on the same or annexed thereto, and if there are more parties charged than one then as many copies as there are parties.

to Sheriff.

Time and mode of summoning parties on information.

110. The Sheriff or other proper officer aforesaid shall, as soon as may be after having received a copy or copies of the information and notice or notices of trial, and three days at least before the day specified therein for trial, or within such lesser time as the Court may for good cause order, by himself or his deputy or other officer, deliver to the party or parties charged the said copy or copies and notice or notices, and explain to him or them the nature and exigency thereof, and when the said parties or any of them are not in custody or shall have been admitted to bail and cannot readily be found he shall leave a copy or copies of the said information and notice or notices of trial with some one of his or their household for him or them at his or their dwelling house or dwelling houses, or with some one of his or their bail, for him or them, and if none such can be found, shall affix the said copy or copies, and notice or notices to the outer or principal door of the dwelling house or dwelling houses of the party or parties charged or of any of his or their bail.

111. Provided always that nothing herein contained shall Prisoner may prevent any person in custody, at the opening of or during any assizes, from being tried thereat, if he shall express his assent to be so tried and no special objection be made thereto on the part of the Crown,

be tried at once.

112. The officer serving the copy or copies of the said Return of information and notice or notices shall forthwith make to the service. Registrar or other proper officer a return of the mode of service

thereof.

of trial:

113. It shall be lawful for the Court, upon the application of Postponement the prosecutor or defendant, if the Court considers that there is Respiting sufficient cause for the delay, to postpone the trial of any accused recognisances. person to the next assizes of the Court to be held at the place where the Court is sitting at the time of such application being made, or a subsequent assizes, or to an assizes to be held at a time and place to be named at the time of granting such postponement and to respite the recognisances of the prosecutor and witnesses, in which case the respited recognisances shall have the same force and effect as fresh recognisances to prosecute and give evidence at such subsequent assizes would have had.

ARRAIGNMENT.

114. The prisoner to be tried upon any information shall be Pleading to placed at the bar unfettered, unless the Court shall see cause other- information. wise to order: and the information shall be read over to him by the Registrar or other officer of the Court, and explained if need be by that officer or the Interpreter of the Court and such prisoner shall be required to plead instantly thereto, unless where the prisoner is entitled to service of a copy of the information, he shall object to the want of such service, and the Court shall find that he has not been duly served therewith.

115. Every prisoner, upon being arraigned upon or charged Effect of plea with any information, by pleading generally thereto the plea of of not guilty. "not guilty," shall without further form be deemed to have put himself upon his trial, and in any plea of autrefois convict or autrefois acquit it shall be sufficient for any prisoner to state that he has been lawfully convicted or acquitted (as the case may be) of the said offence charged in the information.

116. If any prisoner, being arraigned upon or charged with any If prisoner information, stand mute of malice, or will not answer directly to refuses to the information, the Court shall if it thinks fit order the Registrar dealt with. plead-how or other officer of the Court to enter a plea of "not guilty on behalf of such prisoner, and the plea so entered shall have the same force and effect as if such prisoner had actually pleaded the same.

Execution of
sentences in

Provincial
Courts.

Meaning of "Judge."

Form of sentence of death

Where body of person executed to be buried.

Judge to

report to

High Commissioner.

High Commissioner to make Order.

High Com

missioner may

leave place and time of

PART V.-EXECUTION OF SENTENCES.

117.-(1.) The provisions contained in this part of the Proclamation shall be subject to the provisions of the Provincial Courts Proclamation, 1902, as to the confirmation of sentences, and as to the carrying out of capital sentences in cases of extreme urgency or rebellion.

(2.) In this part of this Proclamation the term "Judge " shall with reference to a sentence passed or order made—

(a.) In the Supreme Court, mean the Chief Justice or any Puisne Judge of the Supreme Court :

(b.) In a Provincial Court, mean a member of the particular Provincial Court:

(c.) In a Cantonment Court, mean the Cantonment Magistrate.

CAPITAL SENTENCES.

118. Every sentence of death shall direct that the person condemned shall be hanged by the neck until he is dead but shall not state the place of execution.

A certificate under the hand of the Registrar or other officer of the Court, that such sentence has been passed, and naming the person condemned, shall be sufficient authority for the detention of such person.

119. The body of every person executed for murder shall be buried in such place as the High Commissioner shall order and the sentence of the Court shall so direct.

120. So soon as conveniently may be after the sentence of death has been pronounced, the presiding Judge shall forward to the High Commissioner a copy of the finding and sentence, and of his notes of evidence taken on the trial, with a report in writing signed by him containing any recommendation or observations on the case which he thinks fit to make.

121. The High Commissioner, after considering the said report, shall communicate to the said Judge, or his successor in office, a copy under his hand and the seal of the Protectorate of any Order he may make thereon, which Order, if the sentence is to be carried out, shall state the place and time where the execution is to be had and if the sentence is commuted into any other punishment, shall state that punishment or if the person sentenced is pardoned, shall state the fact.

122. The High Commissioner may leave the place and time at which any sentence of death is to be carried into effect and the place where the body of the person executed shall be buried to be execution, and fixed by the Judge by whom the person was sentenced, or his to be fixed by successor in office, who shall fix and state in the warrant such place

place of burial

Judge.

and time of execution, and place of burial, or some one or more of them, according to the terms of the Order.

missioner's Order to be

123. On receiving the High Commissioner's Order, the Judge High Comshall cause the effect thereof to be entered on the record of the Court, and if the sentence is to be carried out shall cause a warrant entered and of execution under his hand and the seal of the Court to be issued, warrant in setting out the place and the time where and when the execution conformity is to be had and the body of the person executed is to be buried, as prescribed in the Order of the High Commissioner, or as fixed by himself in pursuance of such Order.

124. Such warrant shall be directed to the Sheriff or to any officer executing the office of Sheriff in the Province where the sentence is to be carried out, and the Sheriff or such officer, as the case may be, shall act in accordance therewith.

issued.

Warrant to

be carried out Under-sheriff.

by Sheriff or

125. If a woman sentenced to death be alleged to be pregnant, Pregnant the Court shall inquire into the fact; and if there is reasonable women. cause for believing it, shall order the sentence to be postponed till the result of the pregnancy be known, and shall report such order to the High Commissioner.

SENTENCES OTHER THAN CAPITAL.

126. A warrant under the hand of the Judge by whom any person shall have been sentenced, ordering that the sentence shall be carried out in any prison within the Protectorate, shall be full authority to the keeper of such prison and to all other persons for carrying into effect the sentence described in such warrant, not being a sentence of death.

Authority for carrying

out sentences

not capital.

(2.) A warrant under the hand of the Judge by whom any Sentences of person shall have been sentenced to deportation shall be deportation.

full authority to the person therein named and to all

other persons for carrying into effect the sentence

described in such warrant.

A direction may be endorsed on such warrant by the Judge that a prisoner sentenced to deportation shall, pending his removal to the place to which he has been ordered to be deported, and also, when confirmation of a sentence is required, pending confirmation, be kept in any prison within the Protectorate, and such warrant shall be full authority to the keeper of such prison and to all other persons for carrying into effect such direction.

(3.) Except where express provision is made to the contrary, every sentence shall be deemed to commence from, and to include, the whole of the day of the date on which it was pronounced.

127. Where the Court orders money to be paid by a person convicted, or by a prosecutor, for fine, penalty, compensation, costs, expenses, or otherwise, the money may be levied on the movable

Levying of money ordered

to be paid.

Payment or tender.

Commitment

for want of distress.

Commitment in lieu of distress.

Payment in full after commitment.

Part payment after commit

ment.

and immovable property of the person ordered to pay the same by distress and sale under warrant. If he shows sufficient movable property to satisfy the order his immovable property shall not be sold.

128. Such person may pay or tender to the officer having the execution of the warrant the sum therein mentioned together with the amount of the expenses of the distress up to the time of payment or tender, and thereupon the officer shall cease to execute the

same.

129. If the officer having the execution of the warrant returns that he could find no goods, or not sufficient goods whereon to levy the money mentioned in the warrant with expenses, the Court may by the same or a subsequent warrant commit the person ordered to pay to prison as a criminal prisoner, or as a prisoner, for a time specified in the warrant, unless the money and all expenses of the distress, commitment, and conveyance to prison, to be specified in the warrant, are sooner paid.

130. Where it appears to the Court that distress and sale of goods would be ruinous to the person ordered to pay the money, and his family, or (by his confession or otherwise) that he has no goods whereon a distress may be levied, or other sufficient reason appears to the Court, the Court may, if it thinks fit, instead of or after issuing a warrant of distress commit him to prison, as a criminal prisoner or as a prisoner, for a time specified in the warrant, unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid.

131. Any person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorised (if any), to the person in whose custody he is, and that person shall thereupon discharge him if he is in custody for no other matter.

132.-(1.) If any person committed to prison for non-payment

shall pay any sum in part satisfaction of the sum adjudged to be paid, the term of his imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which such person is committed, as the sum so paid bears to the sum for which he is liable.

(2.) The keeper or other officer in charge of a gaol in which a person is confined who is desirous of taking advantage of the provisions of the preceding sub-section shall, on application being made to him by such prisoner, at once take him before a Court, and such Court shall certify the amount by which the term of imprisonment originally awarded is reduced by such payment in part satisfaction, and shall make such order as is required in the circumstances.