used in fessions being sion, or confession, or other statement of the accused person made at any time from being given in evidence which would by Law be admissible as evidence against him. evidence. Conditions precedent to trial of foreigners for offences com mitted in Colonial Waters. Damages for Wrongful OFFENCES BY FOREIGNERS WITHIN COLONIAL WATERS. 37.-(1) Proceedings for the trial of any person, who is not a subject of Her Majesty, for an offence committed on the open sea within one marine league of the coast of the Colony, measured from low-water mark, shall not be instituted in any Court except with the leave of the Governor and upon his certificate that it is expedient that such proceedings should be instituted. (2) This section is subject to the following provisions :- (c) This section shall not prejudice or affect the trial of any act DAMAGES AND COSTS. 38. The Court may, if it thinks fit, order a person convicted before it by summary trial, or on information, of any assault, to pay to the person assaulted by way of damages a sum not exceeding twenty-five pounds.† On payment the person convicted shall be released from all other proceedings for the same cause at the suit of the person assaulted. Damages so ordered to be paid may be either in addition to or in lieu of a penalty. (5 of 1876, s. 37.) 39. Where in a charge of larceny the Court shall be of opinion conversion or that the evidence is insufficient to support that charge, but that it detention of property. See 41 & 42 Vict. c. 73, Appendix. Damages or compensation awarded by District Commissioner to be paid into Court in the first instance: Consolidated Regulation 10, Appendix A., Supreme Court Ordinance 1876. establishes wrongful conversion or detention of property, the Court may order that such property be restored, and may also award damages.* (5 of 1876, s. 38.) 40. The damages awarded under either of the last two preceding Damages sections shall be recoverable in like manner as a penalty. 1876, s. 39.) (5 of recoverable as penalty. convicted. 41. The Court may order a person convicted before it by sum- Costs payable mary trial, or on information, to pay all or any specified part of by party the expenses of his prosecution, or of his imprisonment or other punishment, or both. (5 of 1876, s. 40.) 42. Where it appears to the Court that a charge is malicious By Prosecuor frivolous and vexatious, the Court may order the Prosecutor to tor, if charge pay all or any specified part of the expenses of the prosecution or frivolous. of the defence. (5 of 1876, s. 41.) malicious or 43. In these respective cases the Court may order that the Payments to whole or such portion as the Court thinks fit of the expenses so parties. paid be paid over to the prosecutor or to the accused, as the case may be. (5 of 1876, s. 42.) PRESERVATION OF TESTIMONY IN CERTAIN CASES. 44. Whenever it appears to any Judge or Commissioner that Power to take any person dangerously ill or hurt, and not likely to recover, is Depositions able and willing to give material information relating to any dangerously of persons indictable offence, and it shall not be practicable to take the depo- ill. sition in accordance with the provisions of this Ordinance of the person so ill or hurt, such Judge or Commissioner may take in writing the statement on oath or affirmation of such person, and shall subscribe the same, and certify that it contains accurately the whole of the statement made by such person, and shall add a statement of his reason for taking the same, and of the date and place when and where the same was taken, and shall preserve such statement and file it of record. (5 of 1876, s. 43.) certain cases. 45. If the statement relates or is expected to relate to an offence Notices to be for which any person is under a charge or committed for trial, given in reasonable notice of the intention to take the same shall be served upon the prosecutor and accused, and if the accused is in custody, he may be brought by the person in whose charge he is, under an order in writing of the Judge or Commissioner, to the place where the statement is to be taken. (5 of 1876, s. 44.) 46. If the statement relates to an offence for which any person Transmission is then or subsequently committed for trial, it shall be transmitted of statement. * See preceding note. When statement may be used in evidence. to the Court in which such person is to be tried, and a copy thereof shall be transmitted to the Attorney-General. (5 of 1876, s. 45.) 47. Such statement so taken may afterwards be used in evidence on the trial of any person accused of an offence to which the same relates, if the person who made the statement be dead, or the Court be satisfied that for any sufficient cause his attendance cannot be procured, and if reasonable notice of the intention to take such statement was served upon the person (whether prosecutor or accused) against whom it is proposed to be read in evidence, and he had or might have had if he had chosen to be present full opportunity of cross-examining the person making the same. 1876, s. 46.) (5 of RESTITUTION OF PROPERTY. property Restitution of 48. Where upon the apprehension of a person charged with an offence any property is taken from him, the Court before which he is charged may order found on person arrested. Restitution of property stolen, &c. Perjury. (a) That the property or a part thereof be restored to the person who appears to the Court to be entitled thereto, and, if he be the person charged, that it be restored either to him or to such other person as he may direct; or (b) That the property or a part thereof be applied to the payment of any costs or compensation directed to be paid by the person charged. (20 of 1900, s. 2 (e), part.) 49.-(1.) Where any person is convicted of having stolen or dishonestly or extorsively obtained any property, the Court convicting him may order that the property or a part thereof be restored to the person who appears to it to be the owner thereof, either on payment or without payment by the owner to the person in whose possession such property or a part thereof then is, of any sum named in such Order. (2.) This section shall not apply to (a) Any valuable security which has been bonâ fide paid or discharged by any person liable to pay or discharge the same; or (b) Any negotiable instrument which shall have been bond fide received by transfer or delivery by any person for a just. and valuable consideration without notice or without any reasonable cause to suspect that it has been stolen or dishonestly or extorsively obtained. (20 of 1900, s. 2 (e), part.) SUMMARY PROCEDURE IN PERJURY. 50.-(1.) The Court, if it appears to it that a person has been guilty of perjury in any proceeding before it, may (a) Commit him for trial upon information for perjury and bind any person by recognizance to give evidence at such (b) Commit him to prison as for a contempt of Court for a term or (c) Fine him a sum not exceeding fifty pounds. (2.) This section is subject to the following limitations :- (b) Any imprisonment or fine ordered or imposed under this (c) A District Commissioner may not impose imprisonment for more than three months or a fine of more than twentyfive pounds under this section. (20 of 1900, s. 2 (e), part.) INQUIRIES BY DIRECTION OF ATTORNEY-GENERAL. 51.-(1.) Where a sworn information is made before a District Inquiries by Commissioner that an offence has been committed, the Attorney- direction of the AttorneyGeneral may, whether or not any known person be charged with General. the commission of the offence, direct in writing any District Commissioner to hold an inquiry under this section. (2.) The Commissioner so directed shall then examine on oath concerning such offence any person whom he has reason to believe to be able to give material evidence concerning it, other than the person confessing himself to be the offender, and shall take the deposition of such witness and, if he sees cause, bind such witness by his own recognizance to appear and give evidence at any place where and at any time when he may be called upon to do so. (3.) At the conclusion of an inquiry under this section the Commissioner shall forward to the Attorney-General the original depositions and the recognizances of the witnesses, together with his report upon the proceedings, and shall state in such report his opinion as to the persons implicated in the commission of such offence. (4.) The provisions contained in the Supreme Court Ordinance, 1876, and this Ordinance relating to summoning witnesses and to compelling their attendance, and to their examination on oath and to binding them over to give evidence, shall apply for the purposes of an inquiry under this section. (5.) This section is subject to the following provisions and limitations: (a) If a person is committed for trial upon information for an Inquiry as to lunacy of accused on summary trial. Postponement of proceedings. When bail may be allowed. When case to offence respecting which an inquiry under this section has been held, he shall, if he so request, be supplied free of charge by the Attorney-General at least three days before such trial with an authenticated copy of all depositions taken at such inquiry. (b) A witness examined at such inquiry shall not be excused from answering any question on the ground that the answer thereto may criminate, or tend to criminate himself; but any confession or answer by a person to a question put at such examination shall not, except in case of any criminal proceeding for perjury committed at or after the holding of such inquiry, be in any proceeding admissible in evidence against him. (20 of 1900, s. 2 (e), part.) LUNACY OF ACCUSED AND DEFENCE OF LUNACY. 52.—(1.) When on summary trial or preliminary investigation the Court has reason to believe that the accused is of unsound mind and consequently incapable of making his defence it shall inquire into the fact of such unsoundness. (2.) If the Court is of opinion that the accused is of unsound mind and consequently incapable of making his defence, it shall postpone further proceedings in the case. (3.) If the case is one in which bail may be taken by a District Commissioner, the Court may release the accused on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance before the Court or such officer as the Court appoints in that behalf. (4.) If the case is one in which bail may not be taken by a District Commissioner, or if sufficient security is not given, the Court shall report the case to the Colonial Secretary, and the Governor may order the accused to be confined in a lunatic asylum or other suitable place of custody, and the Court shall issue a warrant in accordance with such Order. (20 of 1900, s. 2 (e), part.) Defence of 53. When the accused appears to be of sound mind at the time lunacy at of the preliminary investigation the Court, notwithstanding that it preliminary investigation. is alleged that at the time when the offence was committed in respect of which the accused person is charged he was of unsound mind, shall proceed with the case, and if the accused ought to be committed on information, the Court shall so commit him. (20 of 1900, s. 2 (e), part.) Defence of lunacy on trial on information. 54. Where in any information 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 for his actions at the time when the act was done or omission made, then, if it appears to the jury or the Court with |