(v)
that the nature of imprisonment, e.g. simple or;
rigorous, is clearly set forth in the warrant;
(vi)
that the orders of the Court are clearly stated in
warrant, e.g.
(a)
in case of a convict already undergoing a sentence,
whether the sentence, or sentences passed
subsequently shall take effect at once or after the
expiry of the current sentence; and
(b) in the case of two or more sentences awarded on the
same date whether the sentences shall run
concurrently or consecutively;
(vii) that the full particulars of any further sentence of
imprisonment to be undergone in default of payment
of fine are recorded;
(viii) that in the case of prisoners previously convicted a
statement of their previous conviction is duly
recorded;
(ix) that the classification (habitual or casual) is recorded
on the warrant; and
(x) That the Magistrate who issued the warrant is
competent to award the sentence recorded in the
warrant.
Note. A Magistrate of the third class awarding rigorous
imprisonment for a single offence for over one month is not
competent to award such sentence.
Return of warrant for correction.
Rule28. The Superintendent shall return the warrant for
correction to the officer who issued it, if by any error or omission,
the warrant is defective in form or otherwise irregular.
Procedure when the legality of a warrant is doubted.
Rule29. (i) When an officer incharge of a prison doubts
the legality of a warrant or order sent to him for execution, or the
competency of the person whose official seal and signature are
affixed thereto, to pass the sentence and issue such warrant or
order, he shall refer the matter to .Provincial Government whose
order on the case will be final and all other public officers shall be
guided as to the further disposal of prisoner.
(ii) Pending a reference made under sub-Rule (i), the
prisoner shall be detained in such manner and with such restrictions
or mitigations as may be specified in the warrant or order.
(Section 17 Act III of 1900)
11