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THE HONGKONG GOVERNMENT GAZETTE, 6TH AUGUST, 1887. -
PART III-CIVIL AND CRIMINAL PROCEDURE.
21. It shall be lawful for a Consular Court from time to time to make rules and forms of proce- dure as to all civil or criminal matters within its jurisdiction, subject to the approval of a Secretary of State.
Until such rules and forms have been made, or in relation to matters to which they do not extend, a Consular Court may adopt and use any procedure or forms heretofore in use under the West Africa Order in Council 1872, or any Regulations or Rules made thereunder and in force immediately before the commencement of this Order, or as are for the time being in use in the Supreme Court of Sierra Leone, with any modifications or adaptations which may be necessary.
No proceeding shall be invalidated by any informality, mistake, or omission, so long as, in the opinion of any Court before which any question arises, the essential requisites of law and justice have been complied with.
Provision may, amongst other things, be made by rules under this Article authorizing the Consular, Court to grant and enforce search-warrants, and to enforce awards, and to enforce by distress, or by attachment or commitment, judgments or orders of the Court, or payment of any damages, costs, penalties, fines, or forfeitures, and for the sale of things forfeited, and for garnishee process, and for attachment of property in order to compel appearance or submission to the jurisdiction or process of the Court, and authorizing the Court to compel, by fine, distress, or recognizance, or in default of security by commitment, the attendance of witnesses before the court, or before a Colonial or English Court to which a case is sent for trial, and to prescribe and enforce the fees to be taken in respect of any proceedings under this Order, not exceeding, as regards any matters provided for by the Act 6 Geo. IV., cap. 87, fees fixed and allowed from time to time by any Order in Council made under that Act, and to take and transmit depositions of witnesses for use at trials in a Colony or in England, and to prescribe forms of indictment or charge in criminal proceedings. Provided that the scales of all fees prescribed under the provisions of this Order shall have been sanctioned by the Commissioners of Her Majesty's Treasury.
22. In any matter, civil or criminal, a Court within whose district (in civil matters) the matter of complaint wholly or in part arose or happened, or the subject in dispute is wholly or partly situate, or the contract in question was wholly or partly made, or the breach thereof wholly or partly occurred, or the defendant resides or carries on business, or (in criminal matters) the crime was wholly or partly committed, or the accused person happens to be, shall have jurisdiction and may deal with the case, as if every material fact or thing had happened or was situate within its district; but any such Court, if, in its opinion, justice or convenience so requires, may decline or suspend the exercise of jurisdiction, and may, if it thinks necessary or just, require security from the defendant or accused person for, his appearance before some other Court having jurisdiction in the matter, and for obedience to any judg ment or order of such other Court, and further, in a criminal case, if necessary, may arrest and commit the accused person, and cause him to be removed under warrant and in custody, to be dealt with by such other Court.
23. On the trial of a person for any crime or offence, if the facts proved show that he was not guilty of the crime or offence charged, but was guilty of a different crime, or of an attempt to commit the same or a different crime or offence, he may be convicted and punished according to the facts, and the charge shall be amended by the Consul accordingly, ou such terms as he thinks just.
24. (1.) When a person is convicted of an assault, or of any crime or offence by which injury has been caused to person or property, the convicted person may be ordered, as part of his sentence, and either in addition to or in substitution for any other punishment, to pay damages not exceeding 1007. to any person aggrieved.
(2.) A person convicted of any crime or offence may be ordered to pay all or part of the expenses. of his trial, or of the prosecutor in relation thereto.
(3.) Where a charge is dismissed, and in the opinion of the Court was maliciously made without reasonable and probable cause, or was frivolous and vexatious, the Court may order the prosecutor to
all or part of the costs of the accused person.
pay
(4.) Any order under this Article for payment of damages, costs, or expenses shall specify the sum to be paid, and the person or persons to whom such sum or any part thereof is to be paid, and may be enforced by any civil process or by imprisonment for a term not exceeding one month for every 207. unpaid.
25. Sentences of imprisonment passed by a Consular Court shall be carried into effect in such prisons and in such manner as a Secretary of State from time to time directs.
If there be no such prison, or if, by reason of the condition of any such prison, or the state of health of the prisoner, or on any other ground, the Consular Court thinks that the sentence ought not to be carried into effect in such prison, the prisoner shall, by warrant under the hand and seal of the Consul, be removed in custody to the West Africa Settleinents or the Gold Coast Colony as may be prescribed, there to undergo his sentence.
Any sentence of imprisonment under this Order may be with or without hard labour, as the Court directs.
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