IN CHINA AND JAPAN.
91
against the accused, he shall be asked by the Court if he wi hes to say anything in answer, or has a y witnesses to examine or other evidence to adduce in his defence; and the Court shall then hear the accused and his witnesses and other evidence, if any.
318. If the accus d ́a due ́s any evidence in his defence the Evidence in reply. prosecutor may adduce evidence in reply thereto: but the prosecutor shall not in any case be allowed to make any observations by way of reply to the evidence adduc d by the accused, nor sball the accused in any case be allowed to make any observations on evidence adduced by the prosecutor in reply,
319. A variance between the
:
rg and the evidence adduced Variance between charge
in support of it as to the time which the alleged crime or offence and evidence. was committed is not material, if it is proved that the charge was
in fact made within the time (if any) limited by law for te making thereof.
But if any variance between the charge and the evidence appears to the Court to be such that the accused has been thereby deceived or misled, the Court way adjourn the hearing.
Adjournment.
320. At any time before or during the hearing of the charge Hearing may be the Court may, in its diser tion, for any good can e recorded in the adjourned in minutes of proceeding, adjourn the hearing.
An adjournment ordered for any cause shall be made to a certain time and place, to be at the time of the adjournment appointed and stated in the presence and hearing of the parties, or their respective counsel or attorneys.
discretion of Court.
adjournment,
During the period of adjournment the Court may in its discre- Custody during tion, according to the nature and circumstances of each case, either suffer the accused to g· at large or commit him by warrant (Form 44) to such prison or other place of se urity, or to such, other safe custody as the Court thinks fit, or may discharge him on his entering into a recognizance (Form 45) with or without a surety or sureties, at the discretion of the Court, for his appearance at the time and place of adjourument.
A notice of each recognizance Form 46) is at the same time to be given t› each person bound thereby.
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 my in its discretion proceed with the further hearing as if the accused were present.
Decision.
321. The Court having heard what each party has 'o say as Conviction or dismissal. aforesaid, and the witnesses, and the evidence à .duced, shall con-
sider the whole 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 Minute. the conviction (Form 48, 49) shall afterwards be drawn up in form,
to be preserved among the records of the Court.
Dismissal.
323. In case of dismissal of the charge the Court may, if it Certificate, thinks fit, on being requested so to do, make an order of dismissál (Form 55) and give the accused a certificate thereof (Form 56), which certificate shall on being produced, without further proof, be a bar to any subs, quent charge for the same matter against the sanie person.