Directory_and_Chronicle_1871 — Page 409

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IN CHINA AND JAPAN.

Costs.

85

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 seen just and reasonable, to be specified in the conviction.

325. In case of dismissal the Court may, in and by the order On dismissal, of dismissal, 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 Imprisonment. money, but adjudges that the offender be imprisoned, the Court

shall issue a warrant of commitment (Form 50) accordingly.

327. Where a conviction or order of dismissal adjudges any Levying of penalty or money to be paid by any person convicted or any prosecutor for other moneys. penalty, compensation, costs, charges, or otherwise, the money to

be paid may be lieved on the goods of the person adjudged to pay

the same by distress and sale under warrant. (Forms 52, 57.)

328. If the officer having the execution of the warrant returns Commitment for want (Form 53) that he could find no goods or no sufficient goods whereon of distress to levy the money mentioned in the warrant, together with costs, the Court may by warrant (Forms 54, 58,) 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.

of distress

329. Where it appears to the Court that such distress and sale Commitment in lieu of goods as aforesaid would be ruinous to the person ordered to pay the money and his family, or (by confession of that person or other- wise) 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 dis- tress, 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 commitment and conveyance to prison, to be specified in the warrant of commitment, are sooner paid (Form 51.)

before distress

330. Any person against whom a warrant of distress issues Payment ectender may pay or tender to the officer having the execution of the warrant the sum therein mentioned, together with the amount of the expenses of the distress up to the time of such payment or tender, and there- upon the officer shall cease to execute the same.

331. Any person committed for non-payment may pay the sum Payment after mentioned in the warrant of commitment, together with the amount commitment, of costs and charges therein mentioned (if any), to the person in

whose custody he is, who shall thereupon discharge him, if he is in

custody for no other matter.

XIV.-APPEAL TO SUPREME COURT IN CRIMINAL Cases.

332. The application for a special case, on a summary conviction, Time in summary cases. shall be made within 48 hours after the sentence.

333. The application for a special case shall state shortly the Form of application.

grounds on which the appellant considers the conviction erroneous

in point of law, and may contain any argument in support of the

appeal, or may include an application that time be allowed for the

filing of such an argument, which may be allowed accordingly.

334. The special case, when granted, shall be stated within ten Tims for statement, days after application for the same, or after expiration of the time allowed for filing such argument.

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