1912_CRIMINAL_PROCEDURE_ORDINANCE__1890 — Page 22

CRIMINAL PROCEDURE.

No. 9 of 1899.

931

raign- led to after

or is

ears,

jury such

dict-

on is

ffect

hich

Sentence of Death upon pregnant Woman.

woman

*

77.—(1) If sentence of death is passed upon any woman, she may Motion in move in arrest of execution on the ground that she is pregnant. If arrest of

execution by such a motion is made, the Court shall direct two or more medical pregnant practitioners to be sworn to examine the woman in some private sentenced to place, either together or successively, and to inquire whether she is death. with child of a quick 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.

(2) No jury de ventre inspiciendo shall be empanelled or sworn in any such case,

rged the

t to

en

the

ade

hen

to

fon

len

ro-

.m

he

ay

id

ll

yre

PART IV.

PROCEEDINGS SUBSEQUENT TO TRIAL. Reservation of Question of Law.

reserve

question of

consideration

78.--(1) The Judge may reserve for the consideration of the Full Power to Court any question of law which may arise on the trial of any indict- ment, and, in case the accused person is convicted, may postpone law for judgment until such question has been considered and decided, and of the Full in the meanwhile may commit the person convicted to prison or take Court.

+ 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.

Restitution of Property.

79.-(1) Subject as hereinafter provided, where any person is con- Restitution victed of an indictable offence, any property found in his possession, of property or in the possession of any other person for him, may be ordered by conviction. the Court to be delivered to the person who appears to the Court to

be entitled thereto.

(2) Where any person is convicted before the Court of having stolen or dishonestly obtained any property and it appears to the

* As amended by No. 50 of 1911 and No. 1 of 1912.

As amended by No. 1 of 1912.