Directory_and_Chronicle_1875 — Page 455

Payment of expenses by offender;

or by accuser.

Recovery of expenses.

Mitigation or remission of punishment.

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Place of imprisonment in China or Japan.

Imprisonment in British dominions,

In criminal cases, reports

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14

ORDER IN COUNCIL.

74. Any Court (but, in the case of a Provincial Court, subject to the approval of the Supreme Court,) may order any 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 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 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 same may be.

77. Where any punishment has been awarded by the Supreme or any other Court, then, if the circumstances of the case make 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 and Japan (according as the crime or offence was committed in China or Japan,) recommending a mitigation or remission of the punishment; and on such recommendation any such punishment may be mitigated or remitted by direction of the authority to whom the report is made.

But no such recommendation shall be made with respect to any punishment awarded by a Provincial Court, except on the recommendation of that Court, or on the dissent of an Assessor (if any) from the conviction, or from the amount of punishment awarded.

78. The Judge of the Supreme Court may, where it seems expedient, by warrant under his hand and the seal of the Supreme Court, cause any offender convicted before any Court and sentenced to imprisonment, to be taken to and imprisoned at any place in China or in Japan, from time to time approved by one of Her Majesty's Principal Secretaries of State, as a place of imprisonment for offenders. A warrant of the Supreme Court shall be sufficient authority to the Governor or keeper of such place of imprisonment, or other person to whom it is directed, to receive and detain there the person therein named, according to the warrant.

79. Where any offenders convicted before a Court in China or in Japan is sentenced to suffer imprisonment in respect of the crime or offence of which he is convicted, and it is expedient that the sentence be carried into effect within Her Majesty's dominions, the offender may (under The Foreign Jurisdiction Act, section 5,) be sent for imprisonment to Hongkong.

The Judge of the Supreme Court may where it seems expedient, by warrant under his hand and the seal of the Supreme Court, cause the offender to be taken to Hongkong, in order that to the sentence passed on him may be there carried into effect accordingly. 80. The Judge of the Supreme Court shall, when required by to Secretary of State. one of Her Majesty's Principal Secretaries of State, send the Secretary of State a report of the sentence passed by the Judge, Assistant Judge, or Law Secretary of the Court in every case not heard and determined in a summary way, with a copy of the minutes of proceedings and notes of evidence, and the Judge may send with such report any observations he thinks fit.

Every Provincial Court shall forthwith send to the Judge of the Supreme Court a report of the sentence passed by it in every case not heard and determined in a summary way, with a copy of the minutes of proceedings and notes of evidence, and with any observations the