Provincial Consular Court,- Procedure,
and extent of Punishment.
Reservation
of case by Provincial for
258
ORDER IN COUNCIL
In any 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 indict- ment and with Assessors (subject to the provisions of this Order respect- ing inability to obtain an Assessor).
71. A provincial Court may impose the punishment of imprisonment for any term not exceeding twelve months, with or without hard labour, and with or without a fine not exceeding 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 charged before a Provincial Court appears to the Court to be such that, if proved, Supreme Court, it would not be adequately punished by such 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.
Punishment. England to be regarded.
Payment of expenses by offender;
or by accuser.
Recovery of expenses.
Mitigation or remission of punishment.
The Provincial Court shall take the depositions, and forthwith send them, with a minute of other evidence, if any, and 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 anything in this Order) the same shall be so heard and determined accordingly.
73. Every Court and authority in imposing and inflicting punish- ments, and Her Majesty's Ministers in China and Japan in directing what punishment is to be inflicted in lieu of the 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 Eng- land in like cases, and to the mode in which the same are inflicted in England.
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 makisg 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 case 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 or in Japan (accor ling as the crime or offence was committed in China or Japan) recommending a mitigation or remission of the punishment; and on such recommendation
Original from UNIVERSITY OF MICHIGAN
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