Directory_and_Chronicle_1895 — Page 229

H.B.M. SUBJECTS IN CHINA AND JAPAN

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In any other case the Provincial Court may, if it seems just and expedient, give leave to appeal on like terms.

In any case the Supreme Court may give leave to appeal on such terms as seem just.

2.—Criminal Cases.

120. Where any person is convicted otherwise than in a summary way on conviction of a crime or offence the Court or Officer trying the case may, if it seems fit, on indictment, reserve for the consideration of the Supreme Court any question of law may be reserved. urising on trial.

The Court or Officer shall then state a special case, setting out the question reserved, with the facts and circumstances on which it arose, and shall send the case to the Supreme Court.

question of law

appeal on point

121. Where any person is convicted in a summary way of a crime or on summary offence, and is dissatisfied with the conviction as being erroneous in point conviction of law, the Court or Officer trying the case may, on his application in writing, of law to lie. and on compliance by him with any terms prescribed by the Rules made under this Örder, state a special case, setting out the facts and the grounds of the conviction, for the opinion of the Supreme Court, and send it to that Court.

execution.

122. Where a special case is stated, the Court or Officer stating it shall, Postponement of as seems fit, either postpone judgment on the conviction, or respite execution judgment or of the judgment, and either commit the person convicted to prison, or take proper security for him to appear and receive judgment or render himself in execution (as the case may require) at an appointed time and place.

123. The Supreme Court shall hear and determine the matter, Authority of and thereupon shall reverse, affirm, or amend the judgment, conviction, Supreme Court. or sentence in question,-or set asido the same, and order an entry to be made in the minutes of proceedings to the effect that in the judgment of the Supreme Court the person convicted ought not to have been con- victel, or arrest the judgment, or order judgment to be given at a subsequent sitting of the Court or Officer stating the case, or make such other order as justice requires-and shall also give all necessary and proper consequential directions.

124. The judgment of the Supreme Court shall be delivered in open Proceedings to Court after the public hearing of any argument offered on behalf of the be public. prosecution or of the person convicted.

125. Before delivering judgment the Supreme Court may, if necessary, Amendment of cause the special case to be amended by the Court or Officer stating it.

special case.

126. If on an applicat on for a special case, on a summary conviction, Refusal to state it seems to the Court or Officer that the application is merely frivolous, special case on but not otherwise, the Court or Officer may refuse to state a case.

A Court or Officer so refusing shall forthwith send to the Supreme Court a report of the sentence, with a copy of the minutes of proceedings and notes of evidence, and any observation the Court or Officer thinks fit, and with a copy of the application for a special case.

The Supreme Court shall examine the report and documents so sent, and, unless the Supreme Court is of opinion that the application was merely frivolous, shall, on the ap plication in that behalf of the appellant, if made within one month after the refusal of a special case, proceed to hear and determine the matter according to the foregoing provisions as nearly as may be as if a special case had been stated.

XVII. RULES OF PROCEDURE.

summary con- viction.

127. The Judge of the Supreme Court may, from time to time, frame Rules to be Rules for any purpose for which it is before in this Order expressed or frame by Judge implied that Rules of procedure or practice are to be made, and also for Court, the regulatious of procedure and pleading, forms or writs, and other pro-

of Supreme