499 First. Neither torture nor mutilation shall make part of any sentence to be pronounced against criminals. Secondly. When a British-born subject is convicted of any offence, no punishment shall be awarded against him, more severe than would be inflicted by the laws of England for the same crime. And in case of doubt concerning the pe nalty by English law, reference shall be made to the Hono rable the Recorder of Prince of Wales'1 Islandwhose report shall be a sufficient warrant for awarding the penalty, sta ted by him to be agreeable to the laws of England. No sen tence against any British-born subject for any crime or misde meanor shall be carried into execution until a report shall have been made to the Lieutenant Governor. Thirdly. No sentence of death against any person whatever shall be carried into execution until report shall have been made to the Lieutenant Governor. Fourthly. The Lieutenant Governor will have the power of remitting, moderating or confirming all penalties, excep ting inconsiderable finesshort emprisonment or slight cor poral punishment. Fifthly. British-born subjects shall be amenable to the ju risdiction of the Dutclh tribunals and to the Dutch laws in all cases of civil complaint or demands whether they be plain- tifs or defendents. Sixthly. All British-born subjects shall be subject to the regulations of Policeand to the jurisdiction of the magis trates charged with the execution thereof, and with the main tenance of the peace and of the public tranquillity and security. Seventhly. All persons belonging to or attached to the a rmywho are by their condition subject to military law shallfor the presentbe tried for any crimes they may commit only by Courts Martialunless sent by the military authori ties to Civil Courts. Eightly. It being necessary in all countries that a power should exist of forming regulations in the nature of legislative provisionsadapted to change of circumstances or to meet any emergency that may arise, and the great distance of the

Tijdschriftenviewer Nederlands Militair Erfgoed

Indisch Militair Tijdschrift | 1879 | | pagina 510