IN CHINA AND COREA
341
If at any time and place of adjournment of a hearing, which has once begun, the accused does not appear in person or by counsel or attorney, the Court may in its discretion proceed with the further hearing as if the accused were present.
Decision
321. The Court having heard what each party has to say as aforesaid, Conviction or and the witnesses, and the evidence adduced, shall consider the whole dismissal. matter and finally determine the same, and shall either convict the accused
or dismiss the charge.
Conviction
322. In case of conviction a minute thereof shall be made, and the Minute. conviction shall afterwards be drawn up in forin, to be preserved among the records of the Court.
Dismissal
323. In case of dismissal of the charge the Court may, if it thinks fit, Certificate. on being requested so to do, make an order of dismissal and give the accused a certificate thereof, which certificate shall on being produced, without further proof, be a bar to any subsequent charge for the same matter against the same person.
Costs
324. In case of conviction the Court may, in and by the conviction, On conviction. award and order that the person convicted do pay to the prosecutor such costs as seem just and reasonable, to be specified in the conviction.
325. In case of dismissal the Court may, in and by the order of dis. On dismissal. missal, award and order that the prosecutor do pay to the accused such costs as seem just and reasonable, to be specified in the order of dismissal.
Execution of Conviction or Order of Dismissal
326. Where a conviction does not adjudge the payment of money, but Imprisonment. adjudges that the offender be imprisoned, the Court shall issue a warrant of commitment accordingly.
other moneys.
327. Where a conviction or order of dismissal adjudges any money Levying of to be paid by any person convicted or any prosecutor for penalty, com- penalty or pensation, costs, charges or otherwise, the money to be paid may be levied on the goods of the person adjudged to pay the same by distress and sale under warrant.
want of distress.
328. If the officer having the execution of the warrant returns that Commitment for he could find no goods or no sufficient goods whereon to levy the money mentioned in the warrant, together with costs, the Court may by warrant commit the person adjudged to make the payment to prison for not more than two months, unless the money adjudged to be paid, and all costs and charges of the distress, commitment, and conveyance to prison, to be specified in the warrant of commitment, are sooner paid.
lieu of distress.
329. Where it appears to the Court that such distress and sale of Commitment in goods as aforesaid would be ruinous to the person ordered to pay
the money and his family, or (by confession of that person or otherwise) that he has no goods whereon a distress may be levied, then the Court, if it thinks fit, may, instead of issuing a warrant of distress, commit him to prison with or without hard labour, for not more than two months, unless the money adjudged to be paid, and all costs and charges of the commit- ment and conveyance to prison, to be specified in the warrant of commit- ment, are sooner paid.
tender before
330. Any person against whom a warrant of distress issues may pay Payment or or tender to the officer having the execution of the warrant the sum therein distress. mentioned, together with the amount of the expense of the distress up to the time of such payment or tender, and thereupon the officer shall cease to execute the same.
Original from
UNIVERSITY OF MICHIGAN