133. No commitment for non-payment shall be for a longer Limitation of period than three months, except where the law under which the imprisonconviction has taken place enjoins or allows a longer period.

ment.

134. Where a sentence or conviction does not order the payment Direct imprisonment. of money, but orders that the offender be kept in penal servitude, or be imprisoned, the Court shall issue a warrant of commitment accordingly.

PROCEEDINGS UPON RECOGNISANCES.

recognisances.

135. If the condition of any recognisance be not complied with, Forfeiture the Court in or before which such condition ought to be performed and levy of may endorse thereon a certificate setting forth that such condition has not been performed, and thereupon, if the amount of the recognisance is not paid forthwith, or within such further time as the Court may in its discretion allow after an order and notice to do so, the same shall be recoverable by distress and sale of the movable and immovable property of the recognisors.

In default of the amount being recovered by such distress and sale the recognisors may be imprisoned for a period not exceeding sixty days.

ance abscond

136. If it is made to appear to any Court, on oath, that any Persons bound person bound by recognisance is about to go out of the Protectorate, by recognis or the Province in which the trial is to be had, the Court may ing may be cause him to be arrested, and may commit him to prison until the committed. trial, unless the Court shall see fit to admit him to bail upon further recognisance.

DEFECTS IN ORDER OR WARRANT. 137. The Court may at any time amend any defect in substance Error or omission not or in form in any order or warrant and no omission or error as to to affect time and place, and no defect in form in any order or warrant legality of given under this Proclamation, shall be held to render void or execution. unlawful any act done or intended to be done by virtue of such order or warrant, provided that it is therein mentioned, or may be inferred therefrom, that it is founded on a conviction or judgment to sustain the same.

PART VI.-APPEALS AND REFERENCES.

138. Where a person is convicted before the Supreme Court or a Cantonment Court (in this and the following sections referred to as the Court below),

(1.) If such person shall within four days after the conviction apply for a special case on the ground of error in law, then on his application (unless it appears merely frivolous, when it may be refused); or

Case may be stated by

Court below.

Appeal Courts may order

case to be stated.

Meaning of

(2.) If the Court below thinks fit to reserve for consideration of the Appeal Court any question of law arising on the trial; the Court below shall state a case setting out the question of law and the facts and special circumstances upon which the same shall have arisen, and send it to the Appeal Court.

139. The Appeal Court may make an order requiring the Court below to state a case, although such Court may have refused the application of the convicted party.

140. For the purposes of appeals and references the Appeal Appal Court. Court shall, in the case of a conviction before a Cantonment Magistrate, mean the Supreme Court: and in the case of a conviction before a Judge of the Supreme Court, shall mean the Full Court.

Powers of Court below upon stating

case.

Amendment of case.

Powers of

141. Upon stating such case the Court below shall, as it may think fit, either postpone judgment on the conviction or respite execution of the judgment, and either commit the person convicted to prison, or take security for him to appear and receive judgment. or to deliver himself for execution of the judgment (as the case may require), at an appointed time and place.

142. The Appeal Court may cause the case to be sent back to the Court below for amendment as often as may be necessary, and the case shall be amended accordingly.

143. The Appeal Court shall hear any argument that may be Appeal Court. offered on the part of the prosecution, or of the person convicted, and shall finally determine the matter, and may reverse, affirm, or amend, the judgment given, or set it aside, and order an entry to be made in the Criminal Record Book that, in the judgment of the Appeal Court, the person ought not to have been convicted: or order judgment to be given at a subsequent sitting of the Court below, or make such other order as justice may require, and shall also give all necessary and proper consequential directions.

Execution of judgment of Appeal Court.

Objections cured by finding.

Forms in the
Schedule.

144. A certificate, under seal of the Appeal Court and the hand of the presiding Judge, setting forth the judgment or order of the Court, shall be sufficient warrant to all persons concerned for carrying out the same in terms of such certificate.

145. No judgment shall be stayed or reversed on the ground of any objection, which if stated after the information was read over to the prisoner or during the progress of the trial might have been amended by the Court, nor for any informality in swearing the witnesses or any of them.

146. The forms in the Schedule to this Proclamation, or forms to the like effect, may be used in all proceedings to which they are applicable, with such variations as circumstances may require.

The Chief Justice may from time to time prescribe the use of other forms, either in addition to or in substitution for those contained in the Schedule.

SCHEDULE OF FORMS.

LIST OF FORMS.

No.

1. Charge.

2. Summons to accused.

3. Warrant to arrest accused when summons disobeyed.

4. Warrant to arrest.

5. Warrant to bring a prisoner before the Court.

6. Remitting warrant.

7. Information to ground search warrant.

8. Search warrant.

9. Summons to a witness.

10. Warrant where witness has not obeyed summons.

11. Warrant for witness in first instance.

12. Warrant for prisoner to give evidence.

13. Commitment of witness for refusing to enter into recognisance.

14. Keeper of prison's receipt for a prisoner.

15. Order directing holding of a preliminary investigation.

16. Deposition of witness on a preliminary investigation.

17. Statement of accused on investigation before commitment.

18. Recognisance (bail, etc.).

19. Commitment for trial or on remand or adjournment.

20. Information.

21. Warrant to discharge from prison.

22. Certificate of conviction on capital charge.

23. Order by High Commissioner confirming sentence of death. 24. Order by High Commissioner commuting sentence of death. 25. Warrant of execution.

26. Conviction for a fine, etc.

27. Warrant of distress.

28. Warrant of commitment with alternative punishments.

29. Warrant of commitment in default.

30. Warrant of commitment to prison. 31. Warrant of deportation.

designation of

person to
execute
warrant.

(2) Name of
accused.

(3) Residence of accused.

And whereas a summons was then issued commanding him in His (4) State place Majesty's name to appear before this Court on the

19 at (7)

day of

where offence committed.

to answer to the said charge (5) Date when

and to be further dealt with according to law.

hath neglected to be or

And whereas the said (2) appear at the time and place appointed in and by the said summons although the said summons was duly served upon the said (2)

You are hereby commanded in His Majesty's name forthwith to apprehend the said (2) and produce him before the

Court at (8)

Issued at (9)

the

day of
(10)

19

offence committed.

(6) Describe offence.

(7) Insert time

of day at which

accused was

directed to appear.

(8) State place where Court

will sit.

(9) Name of place where issued.

(10) Signature and official designation of person issuing

warrant.

accused.

(3) Residence
of accused.
(4) Name of
place where
offence

You are hereby commanded in His Majesty's name forthwith to committed.

(5) Date when
offence
committed.
(6) Describe
offence.

(7) State place
where Court

will sit.
(8) Name of
place where
issued.
(9) Signature
and official

designation of
person issuing

warrant.