D. 1899.1
CRIMINAL PROCEDURE,
[No. 9.
445
feiture has been imposed or incurred, provided such fine or forfeiture has not been already paid or satisfied.
Pardon.
Court grant
104. Any Magistrate or the Court may, with the consent in writing of the Attorney General, order that a pardon be granted to any person accused or suspected of, or committed for trial for, any indictable offence, on condition of his giving full and true evidence on any preliminary inquiry or any trial; and such order shall have effect as a pardon by the Governor, but may be withdrawn by the Magistrate or the Court on proof satisfying him or it that such person has withheld evidence or given false evidence.
7 & 8 Geo. c. 28 s. 13.
105. In every case where either a free or conditional pardon is granted to any person, the discharge of the offender in the case of a free pardon, and the performance of the condition in the case of a conditional pardon, shall have the same effect as a pardon has in the like cases under the Public Seal of the Colony.
106.(1) Whenever the Governor, in the name and on behalf of Her Majesty, is pleased to grant to any offender a pardon under the Public Seal of the Colony or to issue any warrant for the commutation of any sentence of death, the Registrar shall be bound, on the direction of the Governor, to record such pardon or warrant in a book to be kept by him for that purpose, and to indorse such pardon or warrant with the word "Recorded" and with his signature.
(2) Every such pardon and warrant shall be valid and effectual for all purposes whatsoever, and it shall be the duty of all Courts, Judges, Magistrates, officers, and others, on production thereof, to take notice of and to give effect to the same.
107. Subject as hereinbefore provided, nothing in this Ordinance shall affect Her Majesty's Royal Prerogative of Mercy or any prerogative of mercy vested in the Governor.
Error, etc.
108. No proceeding in error shall be taken upon any trial under the provisions of this Ordinance.
trial for treason.
109. The practice and procedure in respect of any charge of or trial for treason or misprision of treason shall be, as nearly as possible, but subject to the provisions of any statute for the time being in force in the Colony relating to juries, the same as the practice and procedure in respect of a charge of or trial for a like offence for the time being in force in England.
24
30
No. of 1887.
D. 1899.1
CRIMINAL PROCEDURE,
[No. 9.
445
feiture has been imposed or incurred, provided such fine or forfeiture
not been already paid or satisfied.
Pardon.
Court grant
104. Any Magistrate or the Court may, with the consent in writing Power to the the Attorney General, order that a pardon be granted to any person condition moused or suspected of, or committed for trial for, any indictable offence, pardon.
condition of his giving full and true evidence on any preliminary nquiry or any trial; and such order shall have effect as a pardon by the overnor, but may be withdrawn by the Magistrate or the Court on proof uefying him or it that such person has withheld evidence or given
false evidence.
7 & 8 Geo.
pardon. c. 28 s. 13.
105 In every case where either a free or conditional pardon is granted Effect of to any person, the discharge of the offender in the case of a free pardon, and the performance of the condition in the case of a conditional pardon, hall have the same effect as a pardon has in the like cases under the Public Seal of the Colony.
106(1) Whenever the Governor, in the name and on behalf of Recording of
pardon. Her Majesty, is pleased to grant to any offender a pardon under the Public Seal of the Colony or to issue any warrant for the commutation Fany sentence of death, the Registrar shall be bound, on the direction of the Governor, to record such pardon or warrant in a book to be kept by him for that purpose, and to indorse such pardon or warrant with he word Recorded" and with his signature.
(2) Every such pardon and warrant shall be valid and effectual. for all purposes whatsoever, and it shall be the duty of all Courts, Judges, Magistrates, officers, and others, on production thereof, to take notice of and to give effect to the same.
107 Subject as herein before provided, nothing in this Ordinance Saving of
Royal hall affect Her Majesty's Royal Prerogative of Mercy or any preroga- Prerogative. ve of meroy vested in the Governor.
Error, etc.
J
108. No proceeding in error shall be taken upon any trial under the Prohibition of proceeding in provisions of this Ordinance.”
error.
trial for treason.
109. The practice and procedure in respect of any charge of or trial Procedure on for treason or misprision of treason shall be, as nearly as possible, but ubject to the provisions of any statute for the time being in force in the Colony relating to juries, the same as the practice and procedure in See Ordinance. respect of a charge of or trial for a like offence for the time being in
in England.
24
30
No of 1887.
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