Directory_and_Chronicle_1886 — Page 797

IN CHINA AND JAPAN.

87

The

person effecting service must attend at the time and place men- Proof of service. tioned in the summons, to prove service if necessary.

Warrant.

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

Notwithstanding the issuing of a summons, a warrant may be issued any time before or after the time appointed in the summons for the appearance of the accused.

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A warrant shall not be issued in the first instance unless the charge is in writing on the oath of the person laying the charge, or of some witness. A warrant need not be made returnable at any particular time, but may remain in force until executed.

It may be executed by the apprehension of the accused at any place Execution; within the particular jurisdiction, and in case of fresh pursuit it may be In another executed at any place in another Consular district, without any applica- Gent, when.

tion to the Court of that district.

Search Warrant.

house or

Consular district,

284. Where positive proof or probable suspicion is shown to the Court In what cases. by evidence on oath that anything on, by, or in respect of which a crime or offence cognizable by the Court has been committed, is in any place over which, by reason of the nationality of the occupier thereof, the Court has jurisdiction, the Court may issue a warrant to search the house or place, and if anything searched for is found, to seize it, and apprehend the occupier of the house or place.

The warrant shall be directed to some officer by name, who alone Contents. shall be entrusted with its execution, but he may be accompanied by any person or persons necessary to assist him in his search.

A general warrant to search shall not be granted, but the particular house or place must be indicated in it.

If the house or place is closed, and the officer is denied admission Force. after demanding admission and disclosing his authority and the object of his visit, it may be forced open.

Where there is probable suspicion only, the warrant must be executed Day: night. in the day time; where there is positive proof, it may be executed in the night time.

Witnesses.

285. Where it is shown to the Court, on oath, that any British sub- Summons. ject within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, and will not voluntarily at- tend to give evidence at the preliminary examination, or in summary cases at the hearing of the charge, the Court shall issue a summons for his attendance.

sunimons.

286. If any person summoned does not obey the summons, and does Warrant after not excuse his failure to the satisfaction of the Court, then (after proof on oath of the service of the summons) the Court may issue its warrant to compel his attendance.

instance.

287. Where it is shown to the Court, on oath, that any British sub- Warrant in first ject within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, and that it is probable he will not attend to give evidence at the preliminary examination, or in summary cases at the hearing of the charge, unless compelled to do so, then instead of issuing a summons the Court may issue a warrant in the first instance.

288. If on the appearance of the person summoned, either in obedience Refusal to take to a summons, or on being brought up by virtue of a warrant, he refuses onth or to to take an oath,-or, having taking an oath, to answer any question put

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