Directory_and_Chronicle_1912 — Page 435

406

Charge to be framed.

Form 5.

Procedure of trial.

Forms 16 and 17.

Fines and

ment of

mvuey.

RULES OF SUPREME COURT IN CHINA

54. The charge upon which the accused shall be tried may be amended at any time before the trial by leave or direction of th› Court After the commencement of a trial the charge shall not be altered except in manner provided by the Principal Order.

When the accused appears or is brought before the Court for trial, and no formal charge has already been framed, the Court shall frame in writing a charge against the accused.

55.--(1.) At the trial the charge is in the first instance to be read over to the accused, who is then to be asked whether he is guilty or not guilty.

(2.) If he pleads guilty the Court may proceed to sentence him or make an order against him.

(3.) If the accused pleads not guilty the Court shall proceed to hear the complainant and such witnesses as he may call and their cross- examination (if any) by the accused, and re-examination by the com- plainant, and such other evidence as he may adduce in support of the charge.

(4.) After the case for the prosecution is concluded, the accused is asked if he calls witnesses; if he does not, or only to character, the com- plainant may sum up, and the accused may reply on the whole case.

(5.) If the accused calls witnesses, he may open his case, call his witnesses, and then sum up, after which the complainant may reply.

(6.) If the accused himself is called as a witness, the provisions of the Criminal Evidence Act, 1898, shall Le observed.

(7.) The Court will then, if sitting alone, cousiler and determine the whole matter, or if sitting with Assessors consult the Assessors, or if sitting with a jury sun up the case to the jury and take their verdict, and then proceed to sentence the accused or make an order against him, or dismiss the charge (as the case may be).

(8.) When a charge is dismissed the Court shall, if desired by the accused, make out an order of dismissal and give the accused a certificate thereof, which without further proof shall be a bar to any subsequent proceelings in the same matter.

(9.) In the Supreme Court the prosecution shall be conducted by the Crown Advocate. No other legal practitioner shall take part therein without the consent of the Crown Advocate, and no prosecution shall be withdrawn or abandoned without his consent, given in open Court.

56.-(1.) In every case in which the Court is authorized to order the orders for pay accused to pay a fine or other sum of money, it may either order it to be paid forthwith, or at such time as the Court may fix, whether by iustal- ments or otherwise, and if by instalments the accused shall enter into such security, whether with or without suretics, for the payment of such instalments as the Court may think fit.

Form 19.

Form 13.

(2.) Where the Court imposes a fine or orders a sum of money to be paid, and the enactment under which the conviction or order is made provides no statutory mode of raising, levying, or enforcing the payment of such fine or sum, the Court may issue a warrant of distress under its hand and seal, for the purpose of levying the same.

(3.) But if it appears to the Court that the issuing of a warrant of distress would be ruinous to the accused and his family, or that the accused has no goods or chattels on which to levy, the Court may, instead of issuing the distress, commit the accused, with or without hard labour, for a term in accordance with the scale set out in this Rule, naless the amount be sooner paid.

(4.) When, at the return time of the warrant of distress, the officer charged with the execution of it returns that he could not find any

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