D. 1899.]
CRIMINAL PROCEDURE.
[No. 9.
437
The Judge shall immediately report the finding of the jury and detention of such person to the Governor, who shall order such person to be dealt with as a lunatic under the laws of this Colony for the time being in force for the care and custody of lunatics, or otherwise as he may think proper.
Sentence of Death upon pregnant Woman.
Motion in arrest of execution by woman sentenced to death.
(1.) If sentence of death is passed upon any woman, she may move in arrest of execution on the ground that she is pregnant. If such motion is made, the Court shall direct two or more duly qualified medical practitioners to be sworn to examine the woman in some private place, either together or successively, and to inquire whether she is with child or not. If, on the report of any of them, it appears to the Court that she is so with child, execution shall be arrested until she is delivered of a child, or until it is no longer possible in the course of nature that she should be so delivered.
After the commencement of this Ordinance, no jury de ventre inspiciendo shall be empanelled or sworn in any such case.
PART IV.
PROCEEDINGS SUBSEQUENT TO TRIAL.
Reservation of Question of Law.
78. -(1.) The Judge may, in his discretion, reserve for the consideration of the Full Court any question of law which may arise on the trial of any indictment, and, in case the accused person is convicted, may postpone judgment until such question has been considered and decided, and in the meanwhile may commit the person convicted to prison or take a recognizance of bail, with or without one or more sufficient sureties and in such sum as he may think fit, conditioned to appear at such time or times as the Court may direct and receive judgment.
(2) Upon the consideration of the question so reserved, it shall be lawful for the Full Court either to affirm or to quash the conviction, and to make such other orders as may be necessary to give effect to its decision.
79.
Restitution of Property.
(1.) Subject as hereinafter provided, where any person is convicted of an indictable offence, any property found in his possession, or in the possession of any other person for him, may be ordered by the Court...
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Page 21
D. 1899.]
CRIMINAL PROCEDURE.
[No. 9.
437
The Judge shall immediately report the finding of the jury and detention of such person to the Governor, who shall order such arson to be dealt with as a lunatic under the laws of this Colony for time being in force for the care and custody of lunatics, or otherwise the may think proper.
Sentence of Death upon pregnant Woman.
Motion in execution by
arrest of
woman
death.
(1.) If sentence of death is passed upon any woman, she may move in arrest of execution on the ground that she is pregnant. If such
motion is made, the Court shall direct two or more duly qualified pregnant medical practitioners to be sworn to examine the woman' in some private sentenced to
lace, either together or successively, and to inquire whether she is with hild of a quick child or not. If, on the report of any of them, it appears the Court that she is so with child, execution shall be arrested until the is delivered of a child, or until it is no longer possible in the course of nature that she should be so delivered.
After the commencement of this Ordinance, no jury de ventre inspiciendo shall be empanelled or sworn in any such case.
PART IV.
PROCEEDINGS SUBSEQUENT TO TRIAL.
Reservation of Question of Law.
reserve
+
question of law for - of the Full
consideration
78. -(1.) The Judge may, in his discretion, reserve for the considera- Power to tion of the Full Court any question of law which may arise on the trial of any indictment, and, in case the accused person is convicted, may post- pone judgment until such question has been considered and decided, and in the meanwhile may commit the person convicted to prison or take a recognizance of bail, with or without one or more sufficient sureties and in such sum as he may think fit, conditioned to appear at such time or
mes as the Court may direct and receive judgment.
(2) Upon the consideration of the question so reserved, it shall be lawful for the Full Court either to affirm or to quash the conviction, and to make such other orders as may be necessary to give effect to its decisions
79
Restitution of Property.
Court.
sie and 5/655:88
(1.) Subject as hereinafter provided, where any person is con- Restitution of
property in voted of an indictable offence, any property found in his possession, or
case of but the possession of any other person for him, may be ordered by the conviction.
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