Directory_and_Chronicle_1886 — Page 803

IN CHINA AND JAPAN,

Execution of Conviction or Order of Dismissal.

93

326. Where a conviction does not adjudge the payment of money, but Imprisonment. adjudges that the offender be imprisoned, the Court shall issue a warrant of commitment accordingly.

penalty or

327. Where a conviction or order of dismissal adjudges any money Levying of to be paid by any person convicted or any prosecutor for penalty, com- other moneya pensation, costs, charges, or otherwise, the money to be paid may be levied on the goods of the person adjudged to pay the same by distress and sale under warrant.

want of distress

328. If the officer having the execution of the warrant returns that Commitment for he could find no goods or no sufficient goods whereon to levy the money mentioned in the warrant, together with costs, the Court may by warrant commit the person adjudged to make the payment to prison for not more than two months, unless the money adjudged to be paid, and all costs and charges of the distress, commitment, and conveyance to prison, to be specified in the warrant of commitment, are sooner paid.

lieu of distrÉRE.

329. Where it appears to the Court that such distress and sale of Commitment in goods as aforesaid would be ruinous to the person ordered to pay the money and his family, or (by confession of that person or otherwise) that he has no goods whereon a distress may be levied, then the Court, if it thinks fit, may, instead of issuing a warrant of distress, commit him to prison, with or without hard labour, for not more than two months, unless the money adjudged to be paid, and all costs and charges of the commit- ment and conveyance to prison, to be specified in the warrant of commit- ment, are sooner paid.

330. Any person against whom a warrant of distress issues may pay or tender to the officer having the execution of the warrant the sum therein mentioned, together with the amount of the expenses of the distress up to the time of such payment or tender, and thereupon the officer shall cease to execute the same.

Payment or

stress.

tender before

commitment.

331. Any person committed for non-payment may pay the sum men- Payment ser tioned in the warrant of commitment, together with the amount of costs and charges therein mentioned (if any) to the person in whose custody he is, who shall thereupon discharge him, if he is in custody for no other matter.

XIV. APPEAL TO SUPREME COURT IN CRIMINAL CASES.

332. The application for a special case, on a summary conviction, Time in sum- shall be made within 48 hours after the sentence.

mary cases,

333. The application for a special case shall state shortly the grounds Form of on which the appellant considers the conviction erroneous in point of law, application, and may contain any argument in support of the appeal, or may include an application that time be allowed for the filing of such an argument,

which may be allowed accordingly.

statement.

334. The special case, when granted, shall be stated within ten days Time for after application for the same, or after expiration of the time allowed for filing such argument.

application

335. A copy of the appellant's application for a special case, and of Copy of any argument filed by him in support thereof, shall be annexed to the special case.

336. The appellant shall give security to the satisfaction of the Court, Scurity. by recognizance, deposit, or otherwise, to prosecute the appeal without delay, and to submit to the judgment of the Supreme Court, and to pay any costs awarded against him.

custody.

337. The appellant, if in custody, shall be liberated on his giving Discharge from further security to the satisfaction of the Court, by recognizance, deposit, or otherwise, to appear and receive judgment at an appointed time and place, unless the conviction is set aside by the Supreme Court.