Directory_and_Chronicle_1875 — Page 464

H. B. M. SUBJECTS IN CHINA AND JAPAN,

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be made in the minutes of proceedings to the effect that in the judgment of the Supreme Court the person convicted ought not to have been convicted, or arrest the judgment, or order judgment to be given at a subsequent sitting of the Court or Officers stating the case, or make such other order as justice requires-and shall also give all necessary and proper consequential directions.

public.

124. The judgment of the Supreme Court shall be delivered in Proceedings to be open Court after the public hearing of any argument offered on behalf of the prosecution or of the person convicted.

case.

125. Before delivering judgment the Supreme Court may, if Amendment of special necessary, cause the special case to be amended by the Court or Officer stating it.

case on summary con-

126. If on an application for a special case, ou a summary Refusal to state special conviction, it seems to the Court or Officer that the application is viction. merely frivolous, but not otherwise, the Court or Officer may refuse

to state a case.

A Court or Officer so refusing shall forthwith send to the Supreme Courta report of the sentence, with a copy of the minutes of proceeding and not of evidence, and any observation the Court or Officer thinks fit, and with a copy of the application for a special case.

The Supreme Court shall examine the report and documents s0 sent, and, unless the Supreme Court is of opinion that the application was merely frivolous, shall on the application in that behalf of the appellant, if made within one month after the refusal of a special case, proceed to hear and determine the matter according to the foregoing provisions as nearly as may be as if a special case had been stated.

XVII.-RULES OF PROCedure.

Judge of Supreme Cont.

127. The Judge of the Supreme Court may, from time to time, Rules to be framed by frame Rules for any purpose for which it is before in this Order expressed or implied that Rules of procedure or practice are to be made, and also for the regulation of procedure and pleading, forms or writs, and other proceedings, expenses of witnesses and prosecutions, costs and fees, in civil and in criminal cases, in the Supreme Court and other Courts, including the regulation of cross-suits and the admission of counter-claims, and the regulation or proceedings thereon, and for the regulation of appeals to the Supreme Court from the other Courts in civil and in criminal cases, and of rebearings before the Judge of the Supreme Court, and may thereby impose reasonable penalties.

Rules affecting the conduct of civil suits shall be so framed as to secure, as far as may be, that cases shall be decided on their merits according to substantial justice, without excessive regard to technicalities of pleading or procedure, and without unecessary delay.

Rules framed by the Judge shall not have effect unless and until they are approved by one of Her Majesty's Principal Secretaries of State,-save that in case of urgency declared in any Rules framed by the Judge, with the approval of Her Majesty's Minister in China, the same shall have effect, unless and until they are disapproved by one of Her Majesty's Principal Secretaries of State, and notification of such disapproval is received and published by the Judge.

128. A copy of the Rules for the time being in force shall be Publication of Rules kept exhibited conspicuously in each Court and Consulate in China and Japan.

Printed copies shall be provided and sold at such reasonable price as the Judge of the Supreme Court from time to time directs. No penalties shall be enforced in any Court for the breach of any Rule until the Rule has been so exhibited in the Court for one month.