by the full Supreme Court sitting in the Straits Settlements in such manner and according to such procedure as, subject to the provisions of this Order, and of any Rules made under this Order, the Supreme Court from time to time determines.

Judgments or orders of the Supreme Court, in the exercise of its appellate jurisdiction, shall be certified by the Supreme Court to the Court for Brunei, and (subject to any appeal to His Majesty in Council) that Court may and shall execute, and give effect to the same in like manner as to its own judgments or orders.

(2.) The Supreme Court, on Petition presented to it in accordance with any Rules to be made under this Order, or in such manner as the Supreme Court directs, and alleging that any order of the Court has the effect of a refusal of justice to any suitor or complainant, may, after such inquiry (if any), as it thinks fit to direct, issue an order directing the Court to take cognisance of the matter, and may, if satisfied that such order has not been properly complied with, entertain and determine the matter of the suit or complaint, and shall certify its determination to the Court, which shall give effect thereto.

(3.) Except as provided by this Order, the Supreme Court shall not exercise any control over the Court, whether by way of mandamus, prohibition, certiorari, writ of habeas corpus, or otherwise.

14. The Supreme Court shall, for the purposes of this Order, have original jurisdiction as follows:

(1.) When, under this Order, a person accused of crime is sent for trial to the Straits Settlements, the Supreme Court shall have the like jurisdiction, and may proceed in the same manner as if the crime had been committed in the Straits Settlements, except that the criminality of the act charged and the punishment to be inflicted must be determined according to the law applicable under this Order in Brunei.

(2.) The Supreme Court may exercise in Brunei, in relation to any civil or criminal matter, any original jurisdiction which can be exercised by the Court, and all the provisions of this Order shall apply accordingly (mutatis mutandis), and any appeal shall be to the full Supreme Court.

(3.) The Supreme Court may hear and determine at any place within the limits of this Order any criminal case which could under this Order be sent for trial to the Straits Settlements, and for that purpose shall have the like jurisdiction and may proceed in the same manner, as nearly as may be, as if it were trying the same case in the Straits Settlements, or as if it were the Court trying in Brunei a criminal case within the jurisdiction of the Court.

Provided that the Powers conferred by sub-Articles (2) and (3) of this Article shall, except in the case of the death, absence, or incapacity of the Consular officer, be exercised only on his request.

(4.) The Supreme Court may hear and determine within the
Straits Settlements any civil case arising in Brunei,
with the consent of the parties and of the Consul,
and for that purpose may adopt any procedure
proper either in the Straits Settlements or in Brunei.
In such case, any appeal shall be to the full Supreme
Court.
(5.) For the purposes of the exercise of original jurisdiction
under this Article, such Judge or Judges of the Supreme
Court as the Chief Justice of the Straits Settlements
from time to time nominates shall exercise the powers
of the Supreme Court.
(6.) The Court for Brunei may and shall, according to its
powers, execute, enforce, and give effect to any Judgment
or order of the Supreme Court in the exercise of its
original jurisdiction, and may and shall, for the purposes
of anything to be done preliminary to a sitting of the
Supreme Court (as, for instance, the summoning of
Assessors or of witnesses), exercise (mutatis mutandis)
all the powers which the Court has for any purpose
under this Order in a case or matter pending before
itself.

PART III.-CRIMINAL MATTERS.

15.-(1.) A criminal prosecution is commenced by a complaint made to the Court, or by the issue of a summons or warrant by the Court of its own motion.

(2.) For the issue of a summons the complaint need not be on oath, unless the Court so requires.

(3.) A warrant may be issued if the complaint is in writing and on oath, or if the accused person does not appear on a summons, and it is proved that the summons has been served or cannot be served.

(4.) On receiving a complaint, whether on oath or not, the Court may, if it is of opinion that the complaint discloses no offence, or is otherwise unsubstantial, decline to issue any summons or warrant.

(5.) An accused person arrested on warrant shall be brought before the Court within forty-eight hours after arrest unless exceptional circumstances prevent his being so brought, and the complaint shall be heard as soon thereafter as circumstances reasonably admit. Due notice of the time and place of hearing shall be given to the prosecutor (if any), and summonses issued to the witnesses, if any.

16. (1.) When the accused is before the Court, and the prosecutor has had notice of the time and place appointed for the bearing of the complaint, but does not appear, the Court, unless it thinks fit to adjourn the hearing, shall dismiss the complaint;

(2.) If both parties are present the Court shall proceed to hear the complaint; and

(a.) If the offence is legally punishable, or if the Court thinks it would be adequately punished with imprisonment not exceeding three months, or with fine not exceeding 50 dollars, the case shall be tried summarily on the complaint; (b.) Otherwise, the Court shall take the depositions of the prosecutor and witnesses with a view to determining whether the accused shall be tried on a charge, and, if so, whether the case shall be tried before the Court or sent to the Supreme Court.

(3.) The following offences are not triable summarily, that is to say, treason, murder, rape, arson, housebreaking, robbery with violence, forgery, and perjury.

17. At a summary trial the substance of the complaint shall be stated to the accused, and he shall be asked if he admits or denies the truth of the complaint. If he admits, the Court may convict him and award punishment, but may first take further evidence if it thinks fit. If he denies, the Court shall hear the evidence of the prosecutor and witnesses, and of the witnesses, if any, for the accused, and either discharge the accused or convict him and award punishment.

18.-(1.) At the preliminary examination of a case which must be or may, in the opinion of the Court, require to be sent for trial to the Supreme Court, the procedure shall be as follows :—

(a.) The Court shall, in the presence of the accused, take the depositions on oath of those who know the facts. and put them in writing;

(b.) The accused may cross-examine each witness for the prosecution, and the witness' answers shall form part of his deposition;

(c.) The deposition of each witness shall be read over to the witness and signed by him;

(d.) After the evidence of the witnesses for the prosecution has been taken, the Court shall ask the accused if he wishes to make any statement or has any witnesses to call or other evidence to adduce in his defence, and the Court shall then take his statement and the evidence of his witnesses (if any);

(c.) The accused shall be informed that any statement he may make may be used against him at the trial, and also that he may be sworn as a witness himself; (f) The Court having heard all the evidence, shall consider the whole matter, and if it thinks that a prima facie case is made out against the accused, shall cause a charge, on which the accused is to be put on his trial, to be framed, and read over to the accused;

(9.) The Court shall bind by recognisance the prosecutor and every witness to appear at the trial and give evidence; (h.) If the person refuses to enter into a recognisance, the Court may send him to prison, there to remain till the trial, unless in the meantime he enters into a recognisance;

(2.) Until the trial the Court shall either admit the accused
to bail or send him to prison for safe keeping;
(j.) The accused shall be entitled to a copy of the charge on
which he is to be tried;

(k.) The complaint (if any), the depositions, the statement of the accused (if any), the charge on which the Court orders him to be tried, and the recognisances shall be carefully transmitted to the Supreme Court. (2.) At the preliminary examination of a case which may be tried on a charge before the Court, the procedure above described may be varied as follows:

After hearing so much evidence as is, in the opinion of the Court, sufficient to raise a strong presumption against. the accused and to enable the Court to frame a charge, the Court may proceed to frame a charge and appoint a day for the trial.

19. (1.) The charge upon which an accused person is tried shall state the offence, with such particulars as to the time and place of the alleged offence, and the person (if any) against whom or the thing (if any) in respect of which it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.

(2.) There shall be a separate charge for each offence, and every charge shall be tried separately, but if the acts form one transaction, or if the offences are of the same kind, the charges may be tried together, if the Court thinks fit.

(3.) When more persons than one are accused of the same offence, or of different offences committed in the same transaction, or where one is accused of committing an offence and another with abetting or attempting to commit that offence, they may be charged and tried together or separately, as the Court thinks fit.

(4.) The Court may alter any charge at any time, but if the alteration is likely to prejudice the accused or the prosecutor, the Court may adjourn the trial for such time as may be necessary.

(5.) No error or omission in stating the offence or the particulars shall be regarded as material unless the accused was misled by the error or omission.

(6.) When a person is charged with an offence, and the evidence proves either the commission of a minor offence or an attempt. to commit the offence charged, he may be convicted of the minor offence or the attempt.

(7.) For the purpose of the application of any Statute law, a charge framed under the provisions of this Order shall be deemed to be an indictment.

20.-(1.) The Court may, at any stage of the prosecution, in its discretion admit to bail a person charged with any felony (except murder), or with riot, or assault.

(2.) In all other cases the Court shall admit the accused to bail unless the Court sees good reason to the contrary.

(3.) Where an accused person is in custody he shall not be remanded at any time for more than seven days, unless circum

stances appear to the Court to make it necessary or proper that he should be remanded for a longer time, which circumstances, and the time of remand, shall be recorded in the Minutes.

(4.) In no case shall a remand be for more than fourteen days at one time, unless in case of illness of the accused person or other case of a necessity.

21. The Court may from time to time postpone or adjourn any trial if it considers it necessary to do so in the interests of justice.

During the postponement or adjournment the accused may be committed to prison for safe custody, or admitted to bail, or suffered to go at large, as the Court thinks fit.

22. Where there is reasonable cause to suspect that anything, by or in respect of which any offence cognisable by the Court has been committed, is in any house or place within the jurisdiction of the Court, the Court may, by a search warrant, authorise an officer of the Court to search the house or place, and if anything searched for be found, to seize it and bring it before the Court for adjudication.

23. A warrant for apprehension or a search warrant may be issued and executed on Sunday, Good Friday, or Christmas Day, where the urgency of the matter so requires.

24. The Court may award any such punishment as may be awarded by any Court of criminal jurisdiction in England for the time being.

25. The Court may, if it thinks fit, order a person convicted of an assault to pay to the person assaulted, by way of damages, any sum not exceeding 50 dollars.

Damages ordered to be paid may be either in addition to, or in lieu of, a fine, and shall be recoverable in like manner as a fine. Where such damages are ordered, an action cannot be brought for the assault.

26. When a person is sentenced to death, the Court shall transmit the Judge's notes and a report on the case to the Governor in Council, and the sentence shall not be carried into effect unless confirmed by the Governor in Council.

The Governor in Council may commute the sentence to such punishment as he thinks proper in the circumstances or may pardon the convict.

27. The Court may order a person convicted before it to pay all or a part of the expenses of the prosecution, the amount to be specified in the order.

The Court may, when it thinks a prosecution is vexatious or frivolous, order the complainant to pay all or a part of the expenses of the prosecution and of the accused, the amount being specified in the order.

In both cases the Court may order that the whole, or such portion as the Court thinks fit, of the expenses so paid be paid over to the complainant or the accused, as the case may be.