Directory_and_Chronicle_1870 — Page 375

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Evidence in reply.

Variance between charge and evidence,

Hearing may be adjourned in

discretion of Court.

Custody during adjournment.

Conviction or dismissal.

Minute.

Certificate.

84

RULES OF SUPREME COURT

against the accused, he shall be asked by the Court if he wishes to say anything in answer, or has any 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 accused adduces any evidence in his defence the 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 adduced by accused, nor shall the accused in any case be allowed to make any observations on evidence adduced by the prosecutor in reply.

319. A variance between the charge and the evidence adduced in support of it as to the time at which the alleged crime or offence 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 the 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 may adjourn the hearing.

Adjournment.

320. At any time before or during the hearing of the charge the Court may, in its discretion, for any good cause recorded in the 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 ap- pointed and stated in the presence and hearing of the parties, or their respective counsel or attorneys.

During the period of adjournment the Court may in its discre- tion, according to the nature and circumstances of each case, either suffer the accused to go at large or commit him by warrant (Form 44) to such prison or other place of security, or to such other safe custody, as the Court thinks fit, or may discharge him on his enter- ing 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 adjournment.

A notice of each recognizance (Form 46) is at the same time to be given to 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 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, and the witnesses, and the evidence adduced, shall consider 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 the conviction (Forms 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 thinks fit, on being requested so to do, make an order of dismissal 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 subsequent charge for the same matter against the same person.

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