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15. The expenses of and in connexion with the sale of any part Expenses. of the estate shall be payable by the person or persons entitled to the moneys arising from such sale, and the Official Administrator shall be entitled to deduct such expenses from the gross proceeds of such sale.
16. The following fees (which shall form part of the revenue of Fees. the Colony) shall be taken under this Ordinance :
On the gross amount of the moneys deposited in
the Treasury (to be deducted by the Treasurer) £5 per centum. On appeal from the decision of the Official Ad
ministrator (to be paid in stamps).
£0 5 0
17. This Ordinance may be cited for all purposes as "The Short title. Foreign Employment (Administration) Ordinance."
Notice is hereby given that on or about the day of Contract of Service died at
And Notice is also hereby given that all persons claiming any interest in the wages or emoluments due, or any property whatever belonging to the said deceased at his death, and being in
are hereby required to send particulars in writing of their names
And Notice is hereby also given that at the expiration of the said time the Official Administrator will proceed to examine and adjudicate upon the claims then received by him.
who was employed
Person may affirm.
Form of affirmation.
1. Every person upon objecting to being sworn, and stating as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purposes where an oath is or shall be required by law, which affirmation shall be of the same force and effect as if he had taken the oath; and if any person making such affirmation shall wilfully, falsely, and corruptly affirm any matter or thing which, if deposed on oath, would have amounted to wilful and corrupt perjury, he shall be liable to prosecution, information, sentence, and punishment in all respects as if he had committed wilful and corrupt perjury.
Absence of religious
3. When an oath has been duly administered and taken, the fact that the person to whom the same was administered had, at belief does not the time of taking such oath, no religious belief, shall not for any
purpose affect the validity of such oath.
Form of affirmation in of writing.
2. Every such affirmation shall commence "I, A. B., do solemnly, sincerely, and truly declare and affirm," and then proceed with the words of the oath prescribed by law, omitting any words of imprecation or calling to witness.
4. Every affirmation in writing shall commence "I, do solemnly and sincerely affirm," and the form in lieu of jurat shall be "affirmed at
19 before me."
5. If any person to whom an oath is administered desires to swear with uplifted hand, in the form and manner in which an oath is usually administered in Scotland, he shall be permitted to do so, and the oath shall be administered to him in such form and manner without further question.
6. This Ordinance may be cited as "The Oaths and Affirmation Ordinance."
CRIMINAL LAW AND PROCEDURE.
1. This Ordinance may be cited as "The Criminal Procedure Short title. Ordinance," and shall be construed with and as part of the Supreme Court Ordinance. (5 of 1876, s. 1.)
PART I.-GENERAL PROVISIONS.
AUTHORITY COMMON TO ALL COURTS.
2. Every Court has authority to cause to be brought before it General any person within its District or Province charged with an offence authority of committed within the local limits of the ordinary jurisdiction of Courts to bring accused the Supreme Court, or which according to Law may be dealt with persons before as if it had been committed within the Colony, and to deal with them. the accused according to its jurisdiction. (5 of 1876, s. 2.)
3. Where a person charged with an offence committed within Accused the local limits of the ordinary jurisdiction of the Supreme Court person to be has escaped or removed from the Province or District within which aistrict where the crime or offence was committed and is found within another offence comProvince or District, the Court within whose jurisdiction he is mitted. found shall cause him to be brought before it, and shall, unless authorised to proceed in the case, send him in custody to the Court in whose jurisdiction the crime or offence was committed, or require him to give security for his surrender to that Court there to answer the charge and to be dealt with according to Law. (5 of 1876, s. 3.)
4. Where any person is to be sent in custody, a warrant shall Removal be issued by the Court within whose jurisdiction he is found, and
Accused tried where act
done, or where consequence ensues.
When place uncertain or offence distributed.
that 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 and deliver him up to the Court within whose District the crime or offence was committed, or may be tried. (5 of 1876, s. 4.)
sea or out of ordinary jurisdiction.
*THE PLACE OF INQUIRY AND TRIAL.
Subject to the power of transference provided by the Supreme Court Ordinance, the place for the investigation and trial of every offence shall be determined according to the following rules:
5. Every offence committed within the local limits of the ordinary jurisdiction of the Supreme Court shall be inquired of and tried in the Province in which it was committed. (5 of 1876, s. 5.)
7. When an act is an offence by reason of its relation to any constituted by other act which is also an offence, a charge of the first-mentioned
offence may be inquired into and tried either in the Province in which it happened, or in which the offence with which it was so connected happened. (5 of 1876, s. 7.)
6. When a person is accused of the commission of any offence by reason of anything which has been done, or of anything which has been omitted to be done, and of any consequence which has ensued, such offence may be inquired into or tried in any Province in which any such thing has been done or omitted to be done, or any such consequence has ensued. (5 of 1876, s. 6.)
8. In any of the cases following, that is to say—
When it is uncertain in which of the several Provinces an offence was committed; or
Where an offence is committed partly in one Province and partly in another; or
Where an offence is a continuing one, and continues to be committed in more Provinces than one; or
Where it consists of several acts done in different Provinces; the offence may be inquired into and tried in any one of such Provinces. (5 of 1876, s. 8.)
†9. When a person is accused of the commission of an offence at Sea or otherwise not within the local limits of the ordinary
As to Jurisdiction where certain crimes are committed within 20 miles of the Colony or Protectorate (34 Vict. c. 8), see Appendix.
† As to offences by foreigners, see sect. 37.
jurisdiction of the Supreme Court which according to Law may be dealt with in the Colony, the offence may, subject to the provisions of sect. 37 hereof, be inquired of and tried at any place in the Colony to which the accused person is first brought or to which he may be taken thereafter. (5 of 1876, s. 9, amended.)
10. Whenever any doubt arises as to the Court in which any Court to offence should be inquired into or tried, the Divisional Court decide in within whose jurisdiction the offender is apprehended or is found case of doubt. shall decide in which Court the offence shall be inquired into or tried. (5 of 1876, s. 10.)
11. In case any cause is commenced in any other Province than Cause comthat in which it ought to have been commenced, the same may menced in notwithstanding be tried therein, unless the defendant shall object wron province. thereto at or before the time when he is called upon to plead or to state his answer in such cause. (5 of 1876, s. 11.)
PROCESS AGAINST THE ACCused.
12. In every case, whether the charge is or is not such as must Summons or or may be heard and determined by summary trial, the Court may warrant. proceed either by way of summons to the accused or by way of warrant for his apprehension in the first instance, according to the nature and circumstances of the case.
If the accused is undergoing imprisonment, a warrant to bring him before the Court may be directed to the Keeper of any Prison within the particular jurisdiction in which the accused is confined. (5 of 1876, s. 12.)
13. For the issuing of a summons the charge need not be put in writing or be sworn to unless the Court so directs. (5 of 1876, s. 13.)
Form of charge for
14. A warrant shall not be issued in the first instance, unless the For warrant. charge is on the oath of the person laying the charge or of some witness. The charge shall be in writing, or reduced by the Court into writing. (5 of 1876, s. 14.)
15. The person effecting service shall make affidavit of service, Proof of and shall also attend the Court to give oral evidence as to the service. service if required. (5 of 1876, s. 15.)
16. Notwithstanding the issuing of a summons a warrant may Warrant, be issued at any time before or after the time appointed in the when issued. summons for the appearance of the accused. (5 of 1876, s. 16.)