Directory_and_Chronicle_1882 — Page 656

IN CHINA AND JAPAN.

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himself to defend the suit, the Court may, on the appletion of the plaintiff or of its own motion, appout some fit person to be guardian · of the def ndant for the purpose of the suit, by whom he may defend the same.

But no such order shall be made except on notics, after expiral Notice, tion of the time for answering, and four days at least before the day named in the notice for the hearing of the application, or for the Court proceeting (as the cas may be), served on or left at te dwelling- house of the person with whom or un ler whose care the defendant was at the tim» of service of the petition, and also, in the case of an infant not residing with or under the care of his father or guardian, served on or loft at the dwelling-house of such father or guardian, unless the Court thinks tit in any case to dispense with such last- mentioned service.

XIII-CRIMINAL MATTERS.

I.In General.

Court."

279. Ia t'e Followia : Rals (a.der the healing "Criminal Interpretation of "the Mater") as far as they relate to the Supreme Court, the expres sion "the Court" means or inca les (as the case may require) any officer of, or person a'thel to, the Supreme Court from time to time author zeit exercise or assist in the exercise of any part of the criminal jurisdiction of that Couer,

230. A person making a criminal charge (Form 31) a rainst How charge to be made, another before the Supreme or of er Cour, must do so in person,

or by attorney or con isel, or an avat baw ully thereunto authorized.

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281. In every case, whiter the charge is or is not such as Summons or warrant, must or may be herd and determine i in a sam ary way, the Court shall proce, if the aconsel is not alra ly in custoly, either by way of summons to him (Form 3 1) or by way of warrant for his apprehen- sion in the first ms ane (Form 33), according as the nature and circumstances of the case regaire,

Sammons.

232. For the i-suing of a summons the charge need not be put Form of charge, in writing or be sworn tô, unless tre Conet so directs.

A summons shall be served by the delivery of it to the person Service. summoned personally, or if Le cannot by conveniently met with, then by is being let at his user or last known place of abode or business within the bar icular jurisdiction.

The person ell eting service must attend at the time and place Proof of servios, mentioned in the summoas, t prove servie if necessary.

Warrant.

283. If the person summoned does not obey the suumous, the In what cases. Court may (after proof on oath of due service of the summons) issue a warrant for his apprehension (Form 34).

Notwithstanding the issuing o a summons. a warrant (Form 33) may be issued at any time before or after the one appointed in the summon for the ap; earance of the accuse 1.

A war ant shall not be issued i te first instance unless the charge is in wri ing on the ath of the person laying the charge, or

of some wi ness.

A warrant need not be made r turnable at any particular time,

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but may remain in force util executed.

It may be executed by the apprehension of the accused at any Execution;

place within the particular jurisdiction, and in case of fresh pursuit

it may be executed at any place in another Consular district, without In another Consular any application to the Court of that district.

district, when,