Directory_and_Chronicle_1913 — Page 420

RULES OF SUPREME COURT IN CHINA

or sufficient goods and chattels to satisfy the distress and costs, the Court may commit the accused to prison, with or without hard labour, for a term in accordance with the scale set out in this Rule unless the amount Form 24. be sooner paid.

(5.) No warrant of distress may issue when the enactment under which the fine is imposed or order made on a conviction does not allow of the amount being levied by distress, but prescribes a sentence of imprisonment if the same is not paid. In that case, if the amount is not paid forthwith, or within such time as the Court may prescribe, the Court Form 25. may issue a warrant of commitment for a term in accordance with the following scale, unless the money be sooner paid :---

For any Fine or Sum.

Not exceeding ten shillings

Exceeding ten shillings and not exceeding pe

pound

Imprisonment not

10 exceed-

Seven days.

་་་

Fourteen days.

One month.

Exceeding one ound and not exceeding two

pounds

Exceeding two pounds and not exceeding five

pounds

Exceeding five pounds and not exceeding twenty

pounds

Two months.

Three months.

where pre-

407.

imprisonment

57.(1.) When the enactment under which a conviction is made Conviction does not prescribe any fine, but orders the accused to be imprisoned, scribed punish- with or without hard labour, or when an order is made directing the ment is performance of any act other than the payment of money, and ordering without option. the accused to be imprisoned in default of performance of such act, and the accused neglects or refuses to obey such order, the Court may issue a Forms 14 and warrant of committment for such time as is prescribed by the enactment under which the conviction or order is made.

of fine.

15.

(2.) If, in a conviction or order such as above described, a sum for costs is adjudged to be paid by the accused to the complainant, the Court may issue a warrant of distress for the amount of such costs, and, in Form 22. default of distress, may further commit the accused to prison for a term of one month, to commence at the termination of the former sentence, unless the amount due for costs, and all costs and expenses of the distress and of the commitment, and conveying the accused to prison, be sooner paid.

dismissal of

levied.

58. When any charge is dismissed with costs, the amount of costs Coste upon may be levied by distress on the complainant's goods, and in default of the informa distress or payment, the complainant uiay be committed to prison for a tion How term of one inonth, unless the amount due for costs, together with all Forns 26 and costs and charges of the distress, and of the commitment and conveying 27. the complainant to prison (which charges are to be assessed by the Court, and stated in the warrant), be sooner paid.

for a second

59. If the Court adjudges any accused to be imprisoned, and the Impriment accused is at the time undergoing imprisonment on another conviction, offence. From the warrant of commitment for the second conviction shall be delivered date.

lized y

C

what time to

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