Directory_and_Chronicle_1901 — Page 261

H.B.M. SUBJECTS IN CHINA AND JAPAN

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or sentence in question, or set aside 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- victed, 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 consequential directions.

and proper

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.

Amendment of special case.

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

126. If on an application for a special case, on a summary conviction, it seems to the Court or Officer that the application is merely frivolous, summary con 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 application in that behalf of the appellant, if made within one month after the refusal of a special case, proceed to bear 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

Refusal to state

special case on

viction.

framed by Judge

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 of Supreme implied that Rules of procedure or practice are to be made, and also for Court. the regulations of procedure and pleading, forms or writs, and other pro- ceedings, expenses of witnesses and prosecutions, costs and fees, in civil and in criminal cases, in the Supreme Court and other Courts, including the regulation of cross-suits and the admission of counter-claims, and the regulation of proceedings thereon, and for the regulation of appeals to the Supreme Court from the other Courts in civil and in criminal cases, and of rehearings before the Judge of the Supreme Court, and may thereby impose reasonable penalties.

Rules affecting the conduct of civil suits shall be so framed as to secure, as far as may be, that cases shall be decided on their merits accord- ing to substantial justice, without excessive regard to technicalities of pleading or procedure, and without unnecessary delay.

Rules framed by the Judge shall not have effect unless and until they approved by one of Her Majesty's Principal Secretaries of State,- save that in case of urgency declared in any Rules framed by the Judge, with the approval of Her Majesty's Minister in China, the saine shall have effect, unless and until they are disapproved by one of Her Majesty's Principal Secretaries of State, and notification of such disapproval is received and published by the Judge.

Rules.

128. A Copy of the Rules for the time being in force shall be kept Publication exhibited conspicuously in each Court and Consulate in China and Japan. Printed copies shall be provided and sold at such reasonable prices as

the Judge of the Supreme Court from time to time directs.

No penalties shall be enforced in any Court for the breach of any Rule until the Rule has been so exhibited in the Court for one month.

129. A printed copy of any Rule, purporting to be certified under the Evidence of hand of the Judge of the Supreme Court and the seal of the Court, shall

Rules.