Page images
PDF
EPUB

CHAPTER III.

PRELIMINARY RULES.

Complainants and witnesses to be examined according to law for time being in
force.

Court may apply portion of fine in compensation for loss or damage caused, &c.
Imprisonment in default of payment of fine.

Proviso

SECT.

43

[ocr errors]

44

45

ib.

[blocks in formation]

Judgment on offender already imprisoned under sentence for another crime
Proviso

48

ib.

[ocr errors]
[ocr errors]

Local Government may order removal of a prisoner from one gaol to another
Place of transportation not to be specified in sentences
Governor-General in Council to appoint a place or places
Local Government to direct removal of persons sentenced to such place or places ib.
Execution of sentences of transportation passed on persons already undergoing
transportation under a previous sentence

[merged small][ocr errors]

Governor-General in Council or the Local Government may remit a punishment
Party tried upon formal charge not liable to renewed prosecution
Proviso

[ocr errors][ocr errors]
[ocr errors][ocr errors][subsumed][merged small][subsumed]
[subsumed][ocr errors]
[ocr errors]

A person charged with criminal breach of trust may be found guilty of theft
A person charged with criminal breach of trust as a servant may be found
guilty of theft, or of theft as a servant

58

57

A person charged with theft may be found guilty of misappropriation or breach of trust

A person charged with theft as a servant may be found guilty of misappropriation

[ocr errors][ocr errors][ocr errors][merged small][merged small]

No person charged under the last four Sections, and found guilty, liable to be charged again

Levy of fines

Magistrate may issue orders to prevent obstructions, &c.

Magistrate may prohibit the repetition or continuance of public nuisances

[ocr errors][subsumed][subsumed][merged small][merged small]
[ocr errors]
[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

SECT.

Summons how to be served

Magistrate may take cognizance of offences without complaint made
Proviso

[ocr errors]
[merged small][ocr errors]

Mode of service if accused cannot be found, &c.

68

ib.

69

70

[ocr errors]

71

72

Notwithstanding summons, warrant may issue in certain cases

73

Summons or warrant when grantable for an offence committed beyond local jurisdiction

74

Provisions in this Chapter relating to a summons and its issue applicable to all summonses

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

Police Officer may endorse warrant to another Officer

Magistrate issuing a warrant may personally superintend its execution

All persons bound to assist in certain cases

[ocr errors][merged small]

78

79

80

81

82

83

Warrant executed in another jurisdiction

84

If arrest be made within jurisdiction of a Supreme Court

ib.

If arrest be made within 20 miles, person arrested may be carried before the
Magistrate who issued the warrant

Warrant to be endorsed may be sent by post

86

888

85

Warrants for execution within limits of Supreme Court to be addressed to

[merged small][merged small][ocr errors]

Magistrate how to proceed on arrest under his own warrant for an offence committed out of his jurisdiction

[blocks in formation]

Search of house entered into by person against whom warrant has been issued
Breaking of outer door or window

90

91

92

[blocks in formation]

Party arrested to be brought immediately before the Magistrate
No threat, promise, or caution, as to disclosure by party arrested
Provisions in this Chapter relating to a warrant and its issue applicable to all

[merged small][ocr errors][merged small][merged small][merged small][merged small]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

Person in charge of house entered into by another of whom Police Officer is in

search, to allow ingress, &c.

Procedure if ingress be not obtained

Person charged with an offence refusing to give his name and residence
Party arrested to be taken immediately before the proper authority
Arrest for an offence committed in the presence of a Magistrate
Unlawful assembly to disperse on the order of a Magistrate, &c.

105

[merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small]

CHAPTER VII.

OF ESCAPE AND RE-TAKING.

Person arresting may re-take on escape, and deal with the party arrested as on

[merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

A warrant to a Police Officer may be executed by another
How to be executed out of jurisdiction of the Magistrate

116

117

Search warrants may, in cases of emergency, be executed without endorsement Thing found to be taken immediately to the Magistrate within whose jurisdiction it is found

118

ib.

Procedure in such cases within local limits of Supreme Court

119

Magistrate may, when necessary, issue search warrant to be executed in the jurisdiction of another Magistrate

120

[ocr errors]
[ocr errors]

Magistrate may send search warrant by post to the Magistrate of another district

121

Procedure to be observed by such Magistrate

Persons in charge of dwelling-house, &c., to allow the search.
Place to be searched may be broken open
Breaking of zenanah or female apartment

[ocr errors]

Search of house, &c., to be made in the presence of witnesses
Occupant of the place searched may attend

[merged small][ocr errors][ocr errors]
[ocr errors]

Search of house, &c., suspected to contain forged documents, &c.
Magistrate may attend personally

Inspection of weights and measures used in shops.

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small]

Procedure by Police Officer upon seizure of stolen property found on an offender 130 Procedure if such property be unclaimed

[ocr errors]

131

Procedure if no claimant appear within six months from date of proclamation. 132

CHAPTER IX.

PRELIMINARY ENQUIRY BY THE POLICE.

Police Officers to make enquiry into certain offences only when directed to do
so by Magistrate

Saving of powers vested in Police Officers by any special or local law
Upon complaint preferred, Officer in charge of Police Station to proceed in
person or depute a Subordinate Officer to make enquiry.

Except in cases not of a serious nature where local enquiry not necessary
If Police Officer see no sufficient ground for an enquiry

All persons to give information of offences

Complaint, &c., to be in writing

.

.

133

134

135

[ocr errors]
[merged small][ocr errors][merged small][merged small][merged small]

Procedure when a Police Officer deputes another

140

Police may pursue offenders into other jurisdictions

141

Issue of search warrants by Officer in charge of Police Station

142

When one Officer of a Police Station may require another to issue a search

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

No inducement to be offered to accused person to confess

146

Police Officer not to record confession

147

Proviso

ib.

Confession made to a Police Officer shall not be used as evidence

[merged small][ocr errors]

Confession made while the accused is in custody of the Police shall not be used as evidence

149

Police Officer may give in evidence so much of any statement or confession made by the accused as relates distinctly to a fact thereby discovered Enquiry by the Police

150

151

SECT.

Accused not to be detained by the Police beyond 24 hours without special authority

152

[blocks in formation]

Magistrate.

[ocr errors]

Bail not to be excessive. Terms of security.

Prosecutors and witnesses to execute recognizances to appear before the

[ocr errors]

Prosecutors and witnesses not to be subjected to restraint
Recusant prosecutor or witness may be forwarded in custody
Police to report all apprehensions

Police to make immediate enquiry and report on unnatural and sudden deaths
By whom the powers of the Officer in charge of Police Station may be exercised
in his absence or illness

[blocks in formation]
[ocr errors]

160

CHAPTER X.

OF CONTEMPTS AND DISOBEDIENCE OF ORDERS.

Procedure in certain cases of contempt

Discharge of an offender on his submission

Procedure in all except certain cases when the offender is a European British subject

CHAPTER XI.

PROSECUTIONS IN CERTAIN CASES.

163

164

165

Prosecutions for certain offences not to be instituted but under authority of
Government or of a duly empowered Officer

[merged small][ocr errors]
[merged small][ocr errors][merged small][ocr errors]
[merged small][ocr errors]

Prosecution for certain offences under Chapter X. of the Penal Code, not to be
instituted but with the sanction of the public servants concerned
Prosecution for certain offences against public justice not to be instituted but
with the sanction of the authority before which the offence was committed 169
Prosecution for certain offences relating to documents not to be instituted
but with the sanction of the Court in which such documents were given
in evidence

Mode of proceeding in cases mentioned in the last three preceding Sections
Power of Court of Session in respect of such offences committed before it
Civil Courts empowered to complete investigation and commit accused to Court
of Session.

[ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][merged small]
« PreviousContinue »