Directory_and_Chronicle_1909 — Page 424

324

Compelling appearance of witness. Form 9.

Form 10.

Form 11.

Form 12.

Bearchi warrants,

Form 88.

RULES OF SUPREME COURT

large or remand him back to custody until the further day appointed for the hearing, or may discharge him on recognizances to appear on such day

(3.) But if on the day appointed for the hearing both parties appear by themselves or by a legal practitioner, the Court shall proceed to hear and determine the case.

39.-(1.) Whenever it is made to appear to the Court that any one subject to the jurisdiction of the Court is likely to be able to give material evidence on either side, but will not voluntarily appear to be examined, the Court may issue a summons under its hand and seal requiring such person to appear at the hearing of the case for the purpose of giving evidence, or to bring with him and to produce for examination such accounts, papers, or documents as he may have in his power. If the person so summoned omits, without a valid excuse, to appear at the appointed time and place, and it is proved to the satisfaction of the Court that the summons was served upon him personally or by leaving it with some person at his last or most usual place of abode, and that a reason- able sum was tendered him for his costs and expenses (if any), the Court may issue a warrant to bring such witness before the Court to give

evidence.

(2.) When from any cause a summons cannot be served personally on a witness, a notice may be left with the summons, to the effect that a sum sufficient for the reasonable expenses of the witness will be paid to him on application at an address to be set out in the notice, and such notice shall have all the effect of a tender.

(3.) Or if the Court is satisfied on oath that a person able to give evidence on either side will not appear, or will not bring with him any accounts, papers, or documents, unless compelled to do so, it may issue a warrant in the first instance.

(4.) And if on the appearance of a witness, whether in obedience to a summons or on a warrant, such witness shall, without just excuse, refuse to be examined or to take an oath, or having taken the oath, to reply to such questions as may be put to him, or shall neglect or refuse to produce any accounts, documents, and papers as aforesaid, the Court may adjourn the proceedings for any period not exceeding seven days, and may in the meantime by warrant commit the witness to prison, unless he shall sooner consent to be examined and to answer, or to produce such accounts, papers, or documents as aforesaid; and if upon the adjourn- ed hearing he shall still refuse, the Court may again adjourn and commit the witness for a like period, and so again from time to time until he consent, provided that such imprisonment shall not exceed one month in the whole.

(5.) But the Court may, notwithstanding, proceed with and dispose of the case, or send it for trial without the examina- tion of the witness, if it has received sufficient evidence. But in such case, when the case is to be sent up to another Court, the name of such witness, with particulars of his default, shall accompany the depositions.

40.-(1.) When any credible witnesses shall prove on oath before the Court a reasonable cause to suspect that any person, subject to the provisions of the Principal Order, has in his possession or on his premises any property that has been stolen, or any property whatever on or with respect to which any offence, punishable either upon indictment or upon summary conviction, shall have been committed, or upon a representation by any Chinese, Corean, or foreign Tribunal, of competent jurisdiction in China or Corea, that a person accused of an offence of a non-political