Directory_and_Chronicle_1879 — Page 571

IN CHINA AND JAPAN.

Recognizance to Prosecute or give Evidence.

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to enter into recog-

299. The Court may, at the preliminary examination, bind by Prosecutor or witnessis recognizance (Form 41) the prosecutor and every witness to appear nizance. at the Court at which the accused is to be tried, to prosecute, or to prosecute and give evidence, or to give evidence (as the case may be).

A notice of each recognizance (Form 42) shall at the same time be given to the person bound thereby.

If a witness refuses to enter into a recognizance, the Court may, by warrant (Form 43), commit him to prison, there to remain until after the trial of the accused, unless in the meantime he duly enters into a recognizance.

But if afterwards, from want of sufficient evidence or other cause, the accused is not either committed for trial or held to bail, the witness shall be discharged from custody by direction of the Court.

Remand.

300. If from the absence of witnesses or any other reasonable In what cases. cause the Court considers it necessary or advisable to defer or adjourn the preliminary examination, the Court may, by warrant (Form 44), from time to time remand the accused for such time as seems reasonable, not exceeding fourteen days, to some prison or other place of security:

Or, if the remand is for not more than eight days, the Court may, Custody during remand by word of mouth, order the officer or person in whose custody the accused is, or any other fit officer or person, to continue or keep the accused in his custody, and to bring him up at the time appointed for commencement or continuance of the examination.

During the period of remand the Court may, nevertheless, order the accused to be brought before it.

Instead of detaining the accused in custody during the period of remand the Court may discharge him, on his entering into a recognizance, with or without a surety or suretis, as the Court may think fit (Form 45), for his appearance.

A notice of each recognizance (Form 46) shall at the same time be given to each person bound thereby.

Commitment.

301. When all the evidence adduced at the preliminary In what cases. examination on the part of the prosecution has been heard, if the Court is of opinion that it is not sufficient to put the accused on his trial, the Court shall forthwith order him, if in custody, to be discharged as to the particular charge in question.

If, on the contrary, the Court is of opinion that the evidence is sufficient to put the accused on his trial, the Court shall either by warrant (Form 47) commit him to prison, there to remain till delivered by due course of law, or admit him to bail.

Bail.

302. Where the accused is charged with-

Felony;

Assault with intent to commit felony;

Attempt to commit felony;

Obtaining or attempting to obtain property by false

pretences;

Receiving stolen property, or property obtained by false

pretences;

Perjury, or subornation of perjury;

Concealing the birth of a child by secret burying or

otherwise;

Where discretionary.