Directory_and_Chronicle_1877 — Page 516

IN CHINA AND JAPAN.

83

Any private prosecutor may, however, retain any member of the English, Irish, or Scottish Bar, or any regular and duly qualified advocate of foreign nationality, to assist in the prosecution; and such barrister or advocate may, with the assent of the prosecutor for the Crown, appear in Court at the trial and take part in the prosecution; but no such prosecution shall be withdrawn or abandoned without the express consent of the Law Secretary, as prosecutor for the Crown, or of his representative, given in open Court.

III.-Summary Proceedings.

Rules.

310. The following Rules (under the sub-heading "Summary Extent of following Proceedings ") apply exclusively to cases were the charge is to be heard and determined not on indictment, but in a summary way.

Hearing.

prosecutor.

311. Where the accused comes before the Court on summons, Non-appearance of or warrant, or otherwise, either originally or on adjournment, then if the prosecutor, having had due notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear in person, or by counsel or attorney, the Court shall dismiss the charge, unless for some reason it thinks proper to adjourn or further adjourn the hearing, with or without imposing any terms.

adjournment.

312. In case of adjournment the Court may commit the accused Custody in case of in the meantime to prison, or to such other custody as it 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 adjournment.

A notice of each recognizance (Form 46) is at the same time

to be given to each person bound thereby.

313. If both parties appear in person, or by counsel or attorney, Both parties appearing, the Court shall proceed to hear and finally determine the charge.

314. The prosecutor shall be at liberty to conduct the charge, Conduct of charge.

and to have the witnesses examined and cross-examined by counsel

or attorney on his behalf.

315. The accused shall be admitted to make his full answer and of detence defence to the charge, and to have the witnesses examined aud cross-examined by counsel or attorney on his behalf; and if he does not employ counsel or attorney, he shall, at the close of the examina- tion of each witness for the prosecution, be asked by the Court whether he wishes to put any questions to the witness.

If he puts any question to a witness, the witness may be re-examined for the prosecution.

316. The room or place in which the Court sits to hear and Publicsty determine the charge is an open and public Court, to which the public generally may have access as far as the room or place can

conveniently contain them.

317. The substance of the charge shall be stated to the accused, Admission of charge and he shall be asked if he has any cause to show why he should by sccused,

not be convicted.

If he thereupon admits the truth of the charge, and does not show sufficient cause why he should not be convicted, the Court

may convict him accordingly.

If he does not admit the truth of the charge, the Court shall Evidence for prosecution proceed to hear the prosecutor and such witnesses as he examines,

and such other evidence as he adduces in support of his charge.

On the termination of the whole evidence in support of the Defence charge, if it appears to the Court that a prima facie case is made out