such Ws or possesve effect, modificaTeupon such ll have effect This Order, the Code ments relating to the , for the time being ve effect as if the Pro nts old and form a Court to be h shall have all the powers shall in relation to all Courts the same appellate jurisdiction sion as are possessed by a High f the Governor-General in Council ment under those enactments shall be tary of State, or with his previous or e Consul-General. muggles or imports into or exports from goods whereon any duty is charged or ment of the Protectorate, with intent to f the duty, he shall be punished with term which may extend to two months, or may extend to 1,000 rupees, or with both. which if done in British India, would be an the law for the time being in force in British to trade marks, merchandise marks, copyright, nventions, shall, if done in the Protectorate, be an ishable with imprisonment for a term which may two months, or with a fine which may extend to es, or with both. 1.) In cases of murder or culpable homicide, if either ath or the criminal act which wholly or partly caused th happened in the Protectorate, a Court acting under this Order shall have the like jurisdiction over any person charged either as a principal offender or as an abettor, as it both the criminal act and the death had happened in the Protectorate. (2.) In the case of any offence committed on the high seas, or within the Admiralty jurisdiction, by any person who at the time of committing such offence was on board a British ship. or by any British subject on board a foreign ship to which he did not belong, a Court acting under this Order shall have jurisdiction, as if the offence had been committed within the Protectorate. (3.) In cases tried under this Article no different sentence can be passed from the sentence which could be passed in England if the offence were tried there. 14. When a sentence of death has been passed by the Protectorate Court, the Consul-General shall consider whether it is or is not desirable that the sentence should be reconsidered by the Secretary of State. If he considers that it is so desirable, he shall append to the Minutes a certificate under his hand to that effect, together with such observations as he may think fit, and shall, at the earliest opportunity, transmit the same to the Secretary of State. If he considers that it is not so desirable, he shall, not sooner than seven days after the passing of the sentence, certify on the Minutes his confirmation of the sentence by writing under his hand. The Secretary of State may confirm or remit or commute the sentence. A sentence of death shall not be carried into effect until it is confirmed by the Consul-General or the Secretary of State, as provided in this Article, but upon such confirmation shall be carried into effect according to law. When the Secretary of State commutes a sentence, the commuted sentence shall be carried into effect as if the Protectorate Court had passed, and had authority to pass, that sentence. 15.-(a.) The Consul-General may, if he thinks fit, by general order, prescribe the manner in which, and the places in the Protectorate at which, sentences of imprisonment are to be carried into execution. (b.) The Consul-General may, if he thinks fit, in any case, by warrant under his hand and official seal, cause an offender convicted and sentenced to imprisonment before the Court to be sent and removed to, and imprisoned in, any place either in the Protectorate or in Aden. 16. Where an offender convicted before the Court is sentenced to imprisonment, and the Consul-General, proceeding under Section 7 of "The Foreign Jurisdiction Act, 1890," authority in that behalf being hereby given to him, considers it expedient that the sentence should be carried into effect within Her Majesty's dominions, the place shall be a place in some part of Her Majesty's dominions out of the United Kingdom, the Government whereof consents that offenders may be sent thither under this Article. 17. (1.) Where it is shown by evidence on oath, to the satisfaction of the Consul-General, that any person subject to this Order has committed, or is about to commit, an offence against this Order, or is otherwise conducting himself so as to be dangerous to peace and good order in the Protectorate, or is endeavouring to excite enmity between the people of the Protectorate and Her Majesty, or is intriguing against Her Majesty's power and authority in the Protectorate, the ConsulGeneral may, if he thinks fit, by order under his hand and official seal, prohibit that person from being in the Protectorate during any time therein specified, not exceeding two years, or may order him to be deported in manner provided by this Order. (2.) If the person named in the order of prohibition fails to obey, or acts in contravention of the order (i.) He shall be guilty of an offence against this Order, and on conviction thereof, shall be liable to imprisonment for any term not exceeding two years, without prejudice to the operation of the order of prohibition. (ii.) Whether the offender has been convicted of, or imprisoned for, that offence or not, the Consul-General may, if he thinks fit, order him to be deported. (3.) The Consul-General, by order under his hand and official seal, may vary any order of prohibition (not extending the duration thereof), and may at any time revoke the same. (4.) The Consul-General shall forthwith report to the Secretary of State every order made by him under this Article, and the grounds thereof, and the proceedings thereunder. 18.-(a.) Where a person is convicted of an offence, the Court before which he is convicted may, if it thinks fit, require him to give security to the satisfaction of the Court for his future good behaviour, and for that purpose may, if it thinks fit, cause him to come or be brought before the Court. (b.) If any person required by an order under this Article, or under the law relating to criminal procedure for the time being in force, to give security for good behaviour or for keeping the peace, fails to do so, the Court may, if it thinks fit, order that he be deported from the Protectorate. (c.) Any order of deportation not made by the ConsulGeneral must be approved by him. 19.-(a.) Any person ordered to be deported under this Order shall be, as soon as practicable, and in the case of a person convicted, either after execution of the sentence, or while it is in course of execution, removed in custody, under the warrant of the Consul-General, to the place named in the warrant and there discharged from custody. (b.) The place shall be a place in that part (if any) of Her Majesty's dominions out of the United Kingdom, to which the person belongs, or in some other part of those dominions, the Government whereof consents to the reception therein of persons deported under this Order, or a place under the Protectorate of Her Majesty, or in the country out of Her Majesty's dominions to which the person belongs. (e.) The Court, on making an order of deportation, may, if it thinks fit, order the person to be deported to pay all or any part of the expenses of his deportation, to be fixed by the Court in the order. (d) The Consul-General shall forthwith report to the Secretary of State every order of deportation made under this Order, and the grounds thereof, and the proceedings thereunder. (e.) If a person deported under this Order returns to the Protectorate without permission in writing of the ConsulGeneral or Secretary of State, he shall be punished with imprisonment for a term which may extend to two months, or with fine which may extend to 1,000 rupees, or with both. (f.) He shall also be liable to be again deported under the original or a new order, and a fresh warrant of the ConsulGeneral. (g.) The Consul-General may at any time revoke or vary any order or warrant of deportation. 20.-(a.) Where, under this Order, a person is to be sent, or removed, or deported from the Protectorate, he shall, by warrant of the Consul-General under his hand and seal, be detained, if necessary, in custody, or in prison, until a fit opportunity for his removal or deportation occurs, and then, if he is to be deported beyond sea, be put on board one of Her Majesty's vessels of war, or, if none is available, then on board Some other British or other fit vessel. (b.) The warrant of the Consul-General shall be sufficient authority to the person to whom it is directed or delivered for execution, and to the commander or master of the vessel, to receive and detain the person therein named, in the manner therein prescribed, and to send or remove and carry him to the place therein named, according to the warrant. (c.) In case of sending or removal for any purpose other than deportation, the warrant of the Consul-General shall be issued in duplicate, and the person executing it shall, as soon as practicable after his arrival at the place therein named, deliver, according to the warrant, with one of the duplicates of the warrant, to a constable, or proper officer of police, or keeper of a prison, or other proper authority or person there, the person named in the warrant, to be produced on the order of the proper Court or authority there, or to be otherwise dealt. with according to law. 21. The Consul-General, and every officer for the time being exercising the powers of a Magistrate, shall have in and for the Protectorate, province, or district, as the case may be. all the power and jurisdiction appertaining to the office of a Justice of the Peace. 22. A sentence of imprisonment under this Order, or any Regulations made under this Order, may be with or without hard labour, in the discretion of the Court, unless it is expressed to be without hard labour. PART V.-Civil Matters, 23. Subject to the other provisions of this Order, the Code of Civil Procedure, "The Bombay Civil Courts Act, 1869," and the other enactments relating to the administration of civil justice for the time being applicable to the Protectorate, shall have effect as if the Protectorate were the Presidency of Bombay. (a.) For the purposes of these enactments the Protectorate Court shall be deemed to be the High Court, and the Court authorized to hear appeals from and to revise the decisions of District Courts; (b.) District Courts shall be established under the provisions of "The Bombay Civil Courts Act, 1869," as applied by this Order; and (c.) The powers both of the Governor-General in Council and the Local Government under those enactments shall be exercisable by the Secretary of State, or with his previous or subsequent assent, by the Consul-General. 24. The following enactments of "The Colonial Courts of Admiralty Act, 1890,"* that is to say, Section 2, sub-sections (2) to (4), Sections 5 and 6, Section 16, sub-section (3), shall apply to the Protectorate Court as if in the said sections the said Court were mentioned in lieu of a Colonial Court of Admiralty, and the Protectorate were referred to in lieu of a British possession. 25.-(a.) Every District Court shall endeavour to obtain, as early as may be, notice of the death of every British subject or foreigner dying in the Protectorate leaving property to be administered, and all such information as may serve to guide the Court with respect to the securing and administration of his property. (6.) On receiving notice of the death of such a person, the Court shall put up a notice thereof at the Court-house, and shall keep the same there until probate or administration *See Vol. 18. Page 551. |