984 T H E PALESTINE Powers of court to reduce and vary penalties and to apply customary penalties. GAZETTE 28th September, 1936 42.—(1) A court of criminal jurisdiction may, upon conviction of a person charged w i t h the commission of any offence under this Code or under any lav/, sentence the offender to any punishment not exceeding the m a x i m u m provided by law for the offence of which he is convicted: Provided that where the offender is convicted of a felony punish­ able w i t h death no other sentence than that of death shall be inflicted unless the law otherwise expressly provides. (2) W h e n a person is convicted of any offence, the court may instead of inflicting a sentence of imprisonment impose a fine of an amount not exceeding the amount which such court is em­ powered to impose and may order the convicted person to be imprisoned i n default of payment thereof: Provided that the period for which such person may be i m ­ prisoned i n default of payment shall i n no case exceed the m a x i m u m laid down i n the following scale :— Amount Not exceeding 500 mils Exceeding 500 mils, but not exceeding one pound Exceeding one pound but not exceeding five pounds Exceeding five pounds but not exceeding twenty pounds Exceeding twenty pounds - Maximum period 7 14 days 1 month 2 months 3 months. (3) I f the court is satisfied that the accused is a member of a tribe w h i c h has been accustomed to settle its disputes i n accordance w i t h tribal custom, and it is i n the interests of public order that the case should be so settled, the court after sentencing the accused to the penalty prescribed by this Code or any other law, may substitute therefor such penalty not being repugnant to natural justice or morality as is customary under the tribal custom. Compensation. 43. —(1) A n y court by which any person is convicted of any offence may, if it thinks fit, and immediately after such conviction, award any sum of money not exceeding one hundred pounds by way of satisfaction or compensation for any loss caused by the offence of which the accused has been convicted, to a person i n ­ jured by the offence whether such person has or has not constituted himself a civil party. The amount so awarded shall be a judgment debt due from the person so convicted to the person to whom it is awarded. (2) N o t h i n g in this section shall affect rights to d i y e t or to compensation i n lieu of d i y e t , or the power of the court to award damages exceeding one hundred pounds to a person constituting himself a civil party. Costs. 44. —(1) A court may order any person convicted of an offence other than one entailing a sentence of death to pay the whole or any part of the costs of and incidental to the prosecution including the expenses of the witnesses, and by such instalments as the court may direct. (2) Where a court acquits an accused person it may, i f it is of opinion that the prosecution was frivolous and vexatious, order any person who preferred the charge or any person whom it may consider responsible for having procured the prosecution, not being a public officer acting i n his official capac'ty, to pay to the accused his costs of the defence; and the amount so ordered to be re­ covered shall be recoverable i n the same manner as a fine. ‫־‬ days