1 Burma Native Sgatss. | 57
2 APPENDIX A.—THE SHAN STATES—cotténued.
3 Notification modifying the Customary Law of certain of the-~Sian States as {to offences and
4 punishments—contd. j
5 2. The Chief of the State may impose any punishment authorised by Jaw. The punishments
6 which any other officer may inflict shall be determined by the Chief, and shall be specified in the
7 order of his appointment. °
8 3. The Chief alone shall have power to inflict the punishment of death. In cases tried by other
9 officers in which any person is sentenced to death the sentence shall not be carried out until cone
10 firmed by the Chief of the State.
11 4. Any person sentenced for an offence may appeal to the Chief of the State.
12 7 5. Criminal trials shall be held in the presence of the accused. All evidence shall be given on
13 oath.
14 6. At every trial the complainant and his witnesses shall be examined in the presence of the
15 accused and the accused shall be allowed to ask them questions. When the complainant and his
16 witnesses have been examined the accused shall be called upon for his defence, and if he desires to
17 eull witnesses they shall be called and examined.
18 7. The Chief of the State and all officers empowered by him to try cases shall keep a record of
19 the cases tiied by them and of the sentence passed in each case.
20 8. In ordinary cases the Magistrate shall record—
21 (i) nature of offence ;
22 (ii) date of commission ;
23 (iii) date of complaint or report;
24 (iv) name of complainant (if any) ;
25 (v) name and residence of acoused ;
26 (vi) the orders passed. e
27 9. In more important cases, where the accused is liable to death, to imprisonment for more than
28 one year, or to fine exceeding Rs. 250, the Magistrate shall also record, in addition to the first five
29 points noted in the last paragraph,—
30 (vii) if the case relates to loss of or damage,to property, the value of the property
31 concerned ;
32 (viii) the plea of the accused and his examination (if any) ;
33 (ix) the names of the witnesses for the prosecution ;
34 (x) the names of the witnesses (if any) for the defence ;
35 (xi) the finding and, in case of convictson, a brief statement of the reasons therefor ;
36 (xii) the sentence or final order ;
37 (xiii) date of sentence or final order.
38 10. Accused persons shall be tried as soon as possible and shall not be kept in custody for a
39 long time without trial.
40 11. Women, old men and sick persons shall not be whipped. No whipping in excess of 30
41 stripes shall be inflicted.
42 12. Persons sentenced to imprisonment shall be confined in such @uitable place as the Chief of
43 the State may appoint for this purpose. In special cases, when a long term of imprisonment has
44 been awarded and it is important to prevent the prisoner’s escape, the Superintendent of the Shan
45 States or the Superintendent of tre Northern Shan States may,.with the sanction of the Chief Com-
46 missioner, direct the removal of the prisoner to a jail in Burma.
47 18. Persons sentenced to death shall be shot or hanged. Bodies shall not be crucified in any
48 cage.
49 OEDER OF APPOINTMENT.(')
50 Bena eg ee ee,
51 is empowered to try criminal cases and to inflict the undernoted punishments -_
52 (Seal or signature of Chief.)
53 [See Burma Gazette, 1890, Pt. I, p. 553.]
54 ('}) See Rule 1, under head (6), expra, p. 50,