Directory_and_Chronicle_1915 — Page 415

422

On payment of the penalty, &c, the dis-

tress nut to be

levied, or the

defendant, if in

prison, to be discharged therefrom.

Provisions of Article 63 of the Order are to apply to cases under Article 83.

Conviction for

RULES OF SUPREME COURT IN CHINA

to the keeper of the prison in which the accused is at the time confined, and the Court may, if it thinks fit, order in the warrant that the imprison ment uuder it shall begin at the expiration of the former term.

60. When a person against whom a warrant of distress has been issued tenders to the officer executing the wariant the sum named therein, together with the amount of the expenses up to the time of tender, to be named in the warrant, the officer shall cease to execute the same.

When any person is imprisoned for non-payment of any penalty or sum of money he may tender to the keeper of the prison the sum named in the warrant of commitment, together with the amount of all costs, charges, and expenses also mentioned therein, and the keeper shall receive and give a receipt for the same, and forthwith discharge the prisoner.

61. In every case in which a person shall be accused under Article 83 (as to Deportation) of the Principal Order, the provisions of Article 63 of the Principal Order as to payment of expenses, malicious charges payment of expenses to parties, and Minutes, shall apply.

62. If, upon the hearing of any case, the Court think that, though, trivial offences. the charge is proved, the offence was in the particular case of so trifling a nature that it is inexpedient to award any punishment, or any other than a nominal punishment

Conduct of prosecution and defence.

Minutes to be kept by Court.

Disposal of accused on adjournment or remand.

Form 6.

(1) The Court, without proceeding to conviction, may dismiss the charge, and, if the Court think fit, may order the accused to pay such damages, not exceeding 40s., and such costs of the proceeding or either of them as the Court thinks reasonable; or

(2) The Court, upon convicting the accused, may discharge him conditionally on his giving security, with or without sureties, to appear for sentence when called upon, or to be of good behaviour, and either without payment of damages or costs, or subject to the payment of such damages and costs, or either of them, as the Court may think reasonable.

Provisions applicable to both Preliminary Examination and Trial.

63. In all proceedings the complainant and accused respectively shall be at liberty to conduct their own cases and examine and cross- examine the witnesses, or to employ a legal practitioner to conduct their cases and examine and cross-examine the witnesses on their behalf.

Provided that where a legal practitioner is instructed to appear for the Crown the prosecution shall be conducted by him and not by any complainant.

Subject to the foregoing provision, the prosecution may be conducted by the Registrar or any other officer of the Court.

64. Careful Minutes are to be kept by the Court, in which are to be entered the issue of all summonses and warrants, the appearances there- upon, all adjournments, remands, recognizances, convictions, and orders, with notes of the evidence taken in each case, statements of objections, rejection of evidence, and all the matters material to the issues. All such entries shall be dated the date of the issue of any document or the occurrence of the proceeding to which they refer, and those relating to each particular case are to be kept together so as to form a history of

the case.

65.-(1) If from the absence of a witness or other reasonable cause it is necessary or advisable to postpone or adjourn the hearing of any charge, the Court may either admit the accused to bail, or remand him to prison by warrant for such time not exceeding such period as is provided for by Article 41 of the Principal Order as may be expedient.