File 959/1914 Pt 2 'Abyssinia: Order in Council. Recovery of maintenance charges of prisoners convicted in Abyssinia and confined in Aden District Prison.' [‎240v] (406/878)

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his future good behaviour, as the case may
require. . . . , ,
(2.) Where a British subject is convicted
of a crime or offence before the Court, or before
a Court in the sentence of which one of His
Majesty’s Consular officers concurs, the Court
for the district in which he is may, it it thinks
fit, require him to give security to the satisfac
tion of the Court for his future good behaviour,
and for that purpose may (if need be) cause
him to be brought before the Court.
(3.) In either of these cases, if the person
required to give security fails to do so, the
Court may order that he be deported from
Abyssinia to such place as the Court directs.
(4.) The place shall be a place in some part
(if any) of His Majesty’s dominions to which
the person belongs, or the Government of which
consents to the reception of persons deported
under this Order.
(5.) A Provincial Court shall report to the
Consul-General any order of deportation made
by it, and the grounds thereof, before the
order is executed. The Consul-General may
reverse the order, or may confirm it with. or
without variation, and in case of confirmation
shall direct it to be carried into effect.
(6.) The person to be deported shall be
detained in custody until a fit opportunity for
his deportation occurs.
(7.) He shall, as soon as is practicable, and
in the case of a person convicted, either after
execution of the sentence or while it is in course
of execution, be embarked in custody, under
the warrant of the Consul-General, on board
one of His Majesty’s ships of war, or, if there
is no such ship available, then on board any
British or other fit vessel bound to the place of
deportation.
(8.) The warrant shall be sufficient authority
to the commander or master of the vessel to
receive and detain the person therein named,
and to carrv him to and deliver him up at the
place named, according to the warrant.
(9.) Where a warrant of deportation pro
vides for further deportation from the place to
which the person is first deported to some other
place, the person shall, on his arrival at such
first-mentioned place, be delivered with the
warrant into the custody of the Chief Magis
trate or officer of police at that place, who shall
detain him, and shall forthwith report the case
to the Governor or person administering the
Government at that place, who shall either
cause him to be further deported, with and in
accordance with the warrant, and in the mean
time to be detained in custody for any necessary
period not exceeding three months, or, if the
circumstances of the case appear to render his
discharge expedient, shall discharge him from
custody.
(10.) The Court may order the person to be
deported to pay all or any part of the expenses
of his deportation. Subject thereto, the ex
penses of deportation shall be defraved in such
manner as the Secretary of State, with the con
currence of the Treasury, may direct.
(11.) The Consul-General shall forthwith
report to the Secretary of State any order of
deportation made or confirmed by him, and the
grounds thereof.
(12.) If any person deported under this
Order returns to Abyssinia without permission
in writing of the Secretary of State (which per
mission the Secretary of State may give), he
shall be deemed guilty of an offence against this
Order, and shall, for every such offence, be
liable to imprisonment for not more than one
month, with or without hard labour, and with
or without a fine of not more than £10, or to a
fine of not more than £20 alone; and he shall
also be liable to be forthwith again deported,
and shall not be again entitled to registration
under this Order.
Appeol and Reservtd Cast.
74. Where a person is convicted of any
offence before any Court—
(a) If he considers the conviction
erroneous in law, then, on his application,
within the prescribed time (unless it appears
merely frivolous, when it may be refused);
or
(b) If the Court thinks fit to reserve for
consideration of the Court of the Consul-
General any question of law arising on the
trial;
the Court shall state a case, setting out the
facts and the grounds of the conviction, and
the question of law, and send or deliver it to
the Court of the Consul-General.
75. —(1.) Where a case is stated under the
last preceding Article, the Court, before whom
the trial was had, shall, as it thinks 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 judg
ment, or to deliver himself for execution of
the judgment (as the case may require) at an
appointed time and place.
(2.) The Court of the Consul-General,
sitting without Assessors, shall hear and deter
mine the matter, and thereupon shall reverse,
affirm, or amend the judgment given, or set
it aside, and order an entry to be made in the
Minutes that, in the judgment of the Court of
the Consul-General, the person ought not to
have been convicted, or order judgment to be
given at a subsequent sitting of the Provincial
Court, or order a new trial, or make such other
order as the Court of the Consul-General
thinks just, and shall also give all necessary
and proper consequential directions.
(3.) The judgment of the Court of the Con
sul-General shall be delivered in open Cour ,
after the public hearing of any argumem
offered on behalf of the prosecutor or ot tne
person convicted. ,
(4.) Before delivering judgment, the Court
of the Consul-General may, if necessary, cause
the case to be amended by the Provmcia
(5.) The Court of the Consul-General shall
not annul a conviction or sentence, or var -'[
sentence, or order a new trial, on the groun
(a) Of any objection which, if
during the trial, might, in the opnuon
the Court of the Consul-General, have h ^
properlv met by amendment at t e n .
(b) Of any error in the summoning
Assessors; or . i aq
(c) Of ‘ any person having served
Assessor who was not qualified, or
(d) Of any objection to any P ers . i
Assessor which might have been
before or at the trial; or . ^
(e) Of any informality in the sweari g
anv witness; or • • ‘ti the
(f) Of any error or omissmn m
charge, or any informality m pr