Directory_and_Chronicle_1898 — Page 322

IN CHINA AND JAPAN

268

may, on the application of the plaintiff or of its own motion, appoint some fit person to be guardian of the defeudant for the purpose of the suit, by whom be may defend the same.

But no such order shall be made except on notice, after expiration of Notice. 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 proceeding (as the case may be), served on or left at the dwelling-house of the person with whom or under whose care the defendant was at the time of service of the petition, and also, in the case of an infant residing with or under the care of his father or guardian, served on or left at the dwelling-house of such father or guardian, unless the Court thinks fit in any case to dispense with such last mentioned service.

XIII. CRIMINAL MATTERS I.-In General

279. In the following Rules (under the heading "Criminal Matters") Interpretation as far as they relate to the Supreme Court, the expression "the Court" of " the Court." means or includes (as the case inay require) any officer of, or person attached to, the Supreme Court from time to time authorized to exercise or assist in the exercise of any part of the criminal jurisdiction of that Court.

be made.

280. A person making a criminal charge against another before the How charge to Supreme or other Court must do so in person, or by attorney or counsel cr an agent lawfully thereunto authorised.

warrant.

281. In every cise, whether the charge is or is not such as must or Summons or may be heard and determined in a summary way, the Court shall proceed, if the accused is not already in custody, either by way of summons to him or by way of warrant for his apprehension in the first instance, according as the nature and circumstances of the case require.

Summons

282. For the issuing of a summons the charge need not be put in Form of charge. writing or be sworn to, unless the Court so directs.

A summons shall be served by the delivery of it to the person suin- Service, moned personally, or if he cannot be conveniently met with, then by its being left at his usual or last known place of abode or business within the particular jurisdiction.

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 at any time before or after the time appointed in the summons for the appearance of the accused.

A wariant 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- district, when.

tion to the Court of that district.

Search Warrant

Consular

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 bouse or 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

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