Directory_and_Chronicle_1915 — Page 409

416

Rules for issue of warrant.

Forms 3 and 4.

Warrant of arrest.

Form 6.

Form 7.

Form 34.

Non-appearance of accused, or complainant,

Form 3.

RULES OF SUPREME COURT IN CHINA

36. When there is a complaint on oath the Court may issue a warrant to arrest the accused, and to bring him before the Court.

(a) in the first instance, without any previous summons;

(b) at any time before or after the time mentioned in the summons: for appearance;

(if the accused does not appear according to the summons, and it appears to the satisfaction of the Court that the summons has been duly served, or that the accused is evading service.

37.-(1) Every warrant of arrest must be under the band of a Judge or the Registrar, and under the seal of the Court, and directed to the person or persons who are to execute the same.

It shall state shortly the matter on which it is founded, and name or otherwise describe the person against whom it is issued.

(2) It shall order the person to whom it is directed to arrest the accused and bring him before the Court to answer the complaint, and be dealt with according to law.

(3) Every warrant shall remain in force until it is executed. A warrant of the Supreme Court may be executed at any place within the limits of the Principal Order. A warrant of a Provincial Court may be executed at any place within its jurisdiction, but in case of fresh pursuit may be executed at any place in another district; in cases other than that of fresh pursuit, the warrant must be indorsed by the Consular officer of the district in which it is executed, and on arrest the accused must be brought before the Court for that district, and that Court shall, on being satisfied that the prisoner is the person named in the warrant, remand him to the issuing Court.

(4) No objection shall be allowed to any warrant for any defect in substance or form, or for any variance therein with the evidence adduced in support of the charge, unless the Court considers that the accused has been deceived or misled thereby, in which case it may adjourn the hearing, and in the meantime commit the accused by war- rant into such custody as it may think fit, or discharge him on his entering into a recognizance, with or without sureties, to appear at the time and place to which the hearing is adjourned.

(5) In all cases where an accused, having been discharged on recognizances, does not appear as aforesaid, the Court may, in addition to issuing a fresh warrant, certify the non-appearance on the back of the recognizance.

(6) A warrant may be issued and executed as well upon Sundays or holidays as upon any other day, and at night as well as by day.

38.-(1) If at the trial for any offence punishable with fine, or where if convicted the accused may be ordered to pay money, or at any at the hearing. adjournment of such trial, the accused does not appear, the Court may either go on with the case in his absence (after being satisfied that the summons has been duly served), or may issue a warrant to compel his attendance in the manner above mentioned. But at the trial of every other offence and at every preliminary examination the accused must always be present.

Form 16.

Forms 6, 7.5-

(2) If in like case the complainant, after having received notice of the hearing, does not appear, either in person or by a legal practitioner, and the accused does, the Court shall dismiss the case, unless for some reason it thinks fit to adjourn the hearing to another day upon such terms as it may think fit to impose; and may in either case, if it think proper, make an order against the complainant for the costs of the day and such reasonable expenses as the accused may have been put to. If the hear.ug is so adjourned, the Court may either let the accused go at