him to be removed for trial before the Supreme Court in Fiji, if the Court is satisfied that the attendance of the necessary witnesses for the prosecution and defence respectively in Fiji can be secured, but in any case other than as aforesaid shall commit him for trial. In case a person is so removed for trial, the provisions of "The Foreign Jurisdiction Act, 1890," section 6, or any enactment substituted for the same, shall be observed. Where a person is, under or by reason of any provision of this Order, tried in Fiji or elsewhere in Her Majesty's dominions for s offence alleged to have been committed within the limits of this Order, the criminality of the alleged offence and the nature and amount of the punishment to which the person is liable shall be determined according to this Order; but in all other respects the trial shall be had and sentence passed and executed as if the offence had been committed at the place of trial, and according to the ordinary course of law at that place. 67. In the case of any crime other than as in the last preceding Article mentioned, and which is by the law administered in the Court punishable with imprisonment for twelve months or upwards, or with any greater punishment, it shall be in the discretion of the Court, regard being had to all the circumstances of the case, and in particular to the practicability of procuring the necessary witnesses for the prosecution and defence to attend at a trial elsewhere than within the jurisdiction of the Court, either to cause the accused person to be removed for trial as in the last preceding Article mentioned, or to commit him for trial. In the case of any such crime, where it appears to the Court at any time before the trial that the charge, if proved, would be adequately punished by a sentence either of imprisonment for a term not exceeding six months, with or without hard labour, or of a money penalty not exceeding 50l., the Court, if it thinks fit, may try the case summarily, with or without assessors. 68. A person tried elsewhere than in Fiji for a crime to which either of the two last preceding Articles applies shall, if practicable, be tried by the Court with assessors, unless he consents to be tried summarily without assessors. 69. A person charged with a crime which is not punishable with imprisonment for twelve months or upwards, or with any greater punishment, or charged with an offence against this Order, shall be tried with assessors, or summarily without assessors, as the Court thinks fit. 70. In every case in which a person is to be tried summarily without assessors, the Court shall proceed to try him, without any commitment or other preliminary formality, forthwith or after suct djournment as may be proper for the purpose of obtaining evidence or the prosecution or defence, or for any other purpose. 71.-(1.) Every Court and authority in imposing and inflicting unishments shall have regard, so far as circumstances admit, and ubject to the other provisions of this Order, to the punishments mposed by the law of England in like cases, and to the mode in which the same are inflicted in England. (2.) The Court may in addition to, or in lieu of, any other unishment order any person convicted before it of any crime or ffence to enter into a recognizance and find sureties to keep the eace or be of good behaviour or otherwise, and may, in default of ompliance with the order, sentence such person to be imprisoned for ny period not exceeding six months. 72. The Court may order any person convicted before it of any rime or offence to pay all or any part of the expenses of, or reliminary to, his trial, and of his imprisonment or other punish nent. Where it appears to the Court that any charge made before it is nalicious, or is frivolous and vexatious, the Court may order all or ny part of the expenses of the prosecution to be paid by the person naking the charge. In either of the two last-mentioned cases, the amount ordered to be paid shall be deemed a debt due to the Crown, and may, by virtue of the order, without further proceedings, be levied on the property of the person convicted or making the charge, as the case may be, or may be enforced by imprisonment for not exceeding one month or until payment. 73.-(1.) The Court may, if it thinks fit, order a person convicted of an assault to pay to the person assaulted, by way of damages, any sum not exceeding 201. (2.) Damages so ordered to be paid may be either in addition to, or in lieu of, a fine, and shall be recoverable in like manner as a fine. (3.) The person convicted shall not be liable to an action for the assault. 74. If, on a trial, the Court is of opinion that the accused attempted to commit the offence with which he is charged, but did not complete it, he shall not be therefore acquitted, but the Court may find him guilty of the attempt, and may adjudge him to be punished as if he had been charged with the attempt. He shall not be liable to be afterwards prosecuted for the offence. 75. If, on the trial of a person charged with robbery, the Court is of opinion that the accused committed an assault with intent to rob, but did not commit robbery, he shall not be therefore acquitted, but the Court may find him guilty of the assault, and may adjudge him to be punished as if he had been charged with the assault. He shall not be liable to be afterwards prosecuted for the assault. 76. If, on a trial for any of the following offences, namely, burglary, or stealing in a dwelling-house, or breaking and entering and stealing in a shop, warehouse, or counting-house, or a building within the curtilage of a dwelling-house, or larceny, or feloniously receiving property stolen, embezzled, or otherwise feloniously taken, obtained, or disposed of, the facts proved authorize a conviction for one of those offences, not being the offence charged, the Court may find the accused guilty of that other offence, and may adjudge him to be punished as if he had been charged with that other offence. He shall not be liable to be afterwards prosecuted for that other offence. 77. If any person procures or endeavours to procure or incites any other person to commit a crime or offence, he shall be punishable, on conviction, in the same manner as if he were convicted of au attempt to commit that crime or offence. If the crime or offence is actually committed in pursuance of the procurement or incitemeL, both persons may be tried and punished for that crime or offence as principal offenders. 78. Sentences of imprisonment shall be carried into effect in such prisons and in such manner as the High Commissioner from time to time directs. If there be no such prison, or if, by reason of the condition of any such prison, or the state of health of the prisoner, or on any other ground, the Court thinks that the sentence ought not to be carried into effect in such prison, the prisoner shall, by warrant, be removed in custody to Fiji, there to undergo his sentence. Any sentence of imprisonment under this Order may be with or without hard labour, as the Court directs. A sentence of death shall be carried into effect in Fiji. When a person is sent to Fiji for execution of a sentence of death or imprisonment, the provisions of the 7th section of "The Foreign Jurisdiction Act, 1890," or any enactment substituted for the same, shall be observed. 79. It shall be lawful for the Court from time to time, by order or warrant, to appoint any vessel, building, or place specified in such order or warrant to be a prison for any purpose of this Order, either generally or in relation to a particular case, or for a limited time, and to appoint such persons as the Court thinks fit to be gaolers, keepers, or officers of any such prison. 80. The High Commissioner may remit or commute, in whole or in part, any sentence of the Court, and may suspend the execution of any sentence other than of the Court when held before a Judicial Commissioner. In every case of sentence of death the Minutes of the trial shall be transmitted to the High Commissioner, and the sentence shall not be carried into effect until confirmed by him. When the Court held otherwise than before the High Commissioner or a Judicial Commissioner sentences a person to imprisonment exceeding six months, or fine exceeding 1007., or in any other ease, if a Secretary of State by any general or particular instruction so directs, or if the High Commissioner so directs, the sentence shall be submitted to the Court of Appeal for review in the manner hereafter in this Order prescribed. 81. Where a sentence is under this Order submitted for review, the Court shall transmit a copy of the Minutes of the case, sealed with the seal of the Court, and the notes of evidence, with such observations as it thinks necessary, and the Court of Appeal shall return the Minutes, with such instructions as they think fit to give, either as to findings of fact, or as to law, or as to mitigation or alteration of sentence, and the Court shall give effect to such instructions. Pending the review of a sentence, the Court may suspend the execution of the sentence, but is not obliged so to do unless so directed by the Court of Appeal, or by a Secretary of State, or the High Commissioner. In either case the Court may (unless otherwise directed) take such security by way of bail or otherwise, and, if necessary, by commitment to prison for safe custody, as it thinks necessary for submission to the ultimate sentence. 82. Where a person charged with having committed a crime or offence in the jurisdiction of one District Court escapes or removes from that jurisdiction, and is found within the jurisdiction of another Court, the Court within the jurisdiction of which he is found may proceed in the case to examination, indictment, trial, and punishment, or in a summary way (as the case may require), in the same manner as if the crime or offence had been committed in its own jurisdiction; or may, on the requisition or with the consent of the Court of the jurisdiction in which the crime or offence is charged to have been committed, send him in custody to that Court, or require him to give security for his surrender to that Court, there to answer the charge and be dealt with according to law. Where any person is to be sent in custody a warrant shall be issued by the Court within the jurisdiction of which he is found, and such warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him to and deliver him up to the Court of the jurisdiction within which the crime or offence was committed, according to the warrant. 83. Where a warrant or order of arrest is issued by a competent authority in Her Majesty's dominions for the apprehension of any person within and subject to the jurisdiction of the Court who is charged with having committed a crime or offence within the jurisdiction of the authority issuing the warrant or order, and who is, or is supposed to be, in the jurisdiction of a Court, and the warrant or order is produced to the Court, the Court may back the warrant or order; and the same, when so backed, shall be sufficient authority to any person to whom the warrant or order was originally directed, and also to any constable or other officer of the Court by which it is backed, to apprehend the accused at any place where the Court by which the warrant or order is backed has jurisdiction, and to deliver him on board any ship into the custody of any person having authority to receive and carry him in custody to Her Majesty's dominions. 84.-(1.) In cases of murder or manslaughter, if either the death or the criminal act which wholly or partly caused the death happened within the jurisdiction of a Court acting under this Order, such Court shall have the like jurisdiction over any person subject to the jurisdiction of the Court who is charged either as the principa offender or as accessory before the fact to murder, or as accessory after the fact to murder or manslaughter, as if both such criminal act and the death had happened within such jurisdiction. (2.) In the case of any crime committed on the high seas, or within the Admiralty jurisdiction, by any person on board a British ship, or any British subject on board a foreign ship to which he did not belong, a Court acting under this Order shall have jurisdiction as if the crime had been committed within the district of such Court. In cases tried under this provision no different sentence can be passed from the sentence which could be passed in England if the crime were tried there. (3.) The foregoing provisions of this Article shall be deemed to be adaptations, for the purposes of this Order and of" The Foreign Jurisdiction Act, 1890,"* or any Act substituted for the same, of the following enactments described in the first Schedule to that Act (that is to say) :— "The Admiralty Offences (Colonial) Act, 1849;"+ "The Admiralty Offences (Colonial) Act, 1860;"‡ "The Merchant Shipping Act, 1867," § section 11. * Vol. LXXXII, page 656. 23 & 24 Vict., c. 122. + 12 & 13 Vict., c. 96. |