Directory_and_Chronicle_1907 — Page 442

Directories & Chronicles 香港指南 All

IN CHINA AND COREA

369

331. Any person committed for non-payment may pay the sum men- Payment after tioned in the warrant of commitment, together with the amount of costs and commitment. 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 suminary conviction, shall Time in su 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, "pple tion. 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.

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 statement. filing such argument.

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

336. The appellant shall give security to the satisfaction of the Court, Security. 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.

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, Custody. or otherwise, to appear and receive judgment at any appointed time and place, unless the conviction is set aside by the Supreme Court.

238. The prosecutor shall be entitled, on payinent of the proper fees, Copy of case to to have a copy of any special e se or other documents sent to the Supreme prosecutor. Court on any appeal in a criminal case.

XV.--GENERAL PROVISIONS (CIVIL AND CRIMINAL MATTERS)

339. In all matters not in these Rules expressly provided for, the observance of procedure of the Superior Courts and of Justices of the Peace in England procedure of in like cases shall, as far as possible, be followed, save that with respect xc., in En land. to matters arising under the Admiralty or other special jurisdiction, the procedure of the Court having such jurisdiction in England, shall, as far as possible, be followed.

340. Notices, summonses, warrants, decrees, orders, and other docu- sealing of ments issuing from the Court shall be sealed with the seal of the Court. uutices, &o.

341. In these Rules the words “oath” and “affidavit," and words Interpretation. referring thereto or to swearing, include information or declaration and refer thereto, or to the making of an affirmation or declaration, where an affirmation or declaration is admissible in lieu of an oath or affidavit.

Terms used in these Rules have the same meaning as in the Order in

Council under which the Rules are framed.

342. The Formns appended to these Rules may be used with such Frms. variations as the circumstances of each case require.

paid.

343. The fees specified in the List appended to these Rules shall be rees.

The Court may, however, remit any such fee, wholly or in part, if it thinks fit.

344. These Rules shall commence and have effect at the same time as Commencement. the Order in Council under which they are framed.

Approved:

(Signed) RUSSELL.

(Signed)

EDMUND HORNBY,

Judge.

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