CO129-109 - Public Offices - 1865 — Page 89

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Supreme Court,

Jury;

Summary jurisdiction.

Sentence of death.

Provincial Consular

Court,-. Procedure;

and extent of

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68. All crimes which in England are capital shall be tried by the Judge of the Supreme Court with a jury.

Other crimes and offences above the degree of misdemeanour, tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court, and not heard and determined in a summary way, shall be tried with a jury.

Any crime or offence tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court, may be tried with a jury where the Judge, Assistant Judge, or Law Secre- tary so directs.

Subject to the foregoing provisions, such classes of criminal cases tried before the Judge, Assistant Judge, or Law Secretary of Supreme Court, as the Judge, having regard to the law and practice existing in England, from time to time directs, shall be heard and determined in a summary way.

69. Where any person is sentenced to suffer the punishment of death, the Judge of the Supreme Court shall forthwith send a report of the sentence, with a copy of the minutes of proceed- ings and notes of evidence in the case, and with any observa- tions the Judge thinks fit, to Her Majesty's Minister in China or in Japan, according as the crime is committed in China or in Japan.

The sentence shall not be carried into execution without the direction of Her Majesty's Minister in China or in Japan (as the case may be) in writing under his hand.

any

In such case, if Her Majesty's Minister in China or in Japan (as the case may be) does not direct that the sentence of death be carried into execution, he shall direct what punishment in lieu of the punishment of death is to be inflicted on the person convicted, and the person convicted shall be liable to be so punished accordingly,

70. Where the crime or offence with which any person is charged before a Provincial Court is any crime or offence other than assault endangering life, cutting, maiming, arson, or house- breaking, and appears to the Court to be such that, if proved, it would be adequately punished by imprisonment, with or without hard labour, for a term not exceeding three months, or by a fine not exceeding 200 dollars, the Court shall hear and determine the case in a summary way and without Assessors.

In other cases the Court shall hear and determine the case on indictment and with Assessors (subject to the provisions of this Order respecting inability to obtain an Assessor).

71. A Provincial Court may impose the punishment of im- Punishment. prisonment for any term not exceeding twelve months, with or without hard labour, and with or without a fine not exceeding

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1,000 dollars, or the punishment of a fine not exceeding 1,000 dollars, without imprisonment.

72. Where the crime or offence with which any person is Reservation of charged before a Provincial Court appears to the Court to be case by Pro-

vincial for such that, if proved, it would not be adequately punished by such Supreme Court. punishment as the Court has power to impose, and the accused

is not to be sent for trial to Her Majesty's dominions, the Court shall reserve the case to be heard and determined by or under the special authority of the Supreme Court.

The Provincial Court shall take the depositions, and forth- with send them, with a minute of other evidence, if

any, and

a report on the case, to the Supreme Court.

The Supreme Court shall direct in what mode and where the case shall be heard and determined, and (notwithstanding any- thing in this Order) the same shall be so heard and determined accordingly.

73. Every Court and authority in imposing and inflicting Punishments punishments, and Her Majesty's Ministers in China and Japan in England to in directing what punishment is to be inflicted in lieu of the

be regarded. punishment of death, shall have regard, as far as circumstances admit, and subject to the other provisions of this Order, to the punishments imposed by the law of England in like cases, and

to the mode in which the same are inflicted in England.

offender:

74. Any Court (but, in the case of a Provincial Court, Payment of subject to the approval of the Supreme Court,) may order any expenses by person convicted before it of any crime or offence to pay all or any part of the expenses of or preliminary to his trial and of

his imprisonment or other punishment.

75. Where it appears to any Court that any charge made or by accuser. before it is malicious, or is frivolous and vexatious, the Court may order all or any part of the expenses of the prosecution to be paid by the person making the charge.

76. In either of the two last-mentioned cases, the amount Recovery of ordered to be paid shall be deemed a debt due to the Crown, expenses. 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.

77. Where any punishment has been awarded by the Supreme Mitigation or or any other Court, then, if the circumstances of the case make remission of punishment. it just or expedient, the Judge of the Supreme Court may at any time, and from time to time, report to one of Her Majesty's Principal Secretaries of State, or to Her Majesty's Minister in China or in Japan (according as the crime or offence was com- mitted in China or Japan), recommending a mitigation or re-

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