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CHAPTER XVI.
§ I. Criminal Trials.
406. No Judge presiding on a criminal trial must, upon any account, fail to take notes of the evidence adduced; and no capital sentence must be executed until the Governor of the Colony shall have perused those notes.
407. In general, no reference, in criminal cases, is to be made from the Governor of any Colony to this country, with a view to the confirmation or remission of Sentences pro- But His nounced by the Colonial Courts. Majesty's Government will be ready to afford any information instructions, or advice for which the Governor may think it necessary to apply. whenever any question may arise on any criminal proceeding on which there may be any special and adequate motive for invoking the interference of His Majesty's Government in this country. Whenever a capital sentence shall have been executed, a report of it must be trans- mitted to the Secretary of State. (See Circular Despatch, 14th November, 1877.)
Every case should be reported to the Secre tary of State in which, after sentence of death, a pardon is granted, or the capital sentence is commuted, or the commuted sentence is remitted. (See Circular Despatch of 5th May, 1882.)
408. Under the Act 12 & 13 Vic., c. 96, all persons charged in any Colony with offences committed on the Sea, or in places within the jurisdiction of the Admiralty, may be dealt with in the same manner as if the offences had been committed on waters within the local jurisdiction of the Courts of the Colony.*
• As to sentences proper to be passed in such cases, see the Colonial Courts Jurisdiction Act, 37 & 38 Vic., cap. 37,
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