378
Form 24.
Form 25.
Conviction
where pre-
scribed pnnish- ment is imprisonment
RULES OF SUPREME COURT IN CHINA
or sufficient goods and chattels to satisfy the distress and costs, the Court inay 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 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 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 one
pound
Imprisonment not
to exceed-
Seven days.
Fourteen days.
One month.
Two months.
...
...
Exceeding one pound and not exceeding two
pounds
...
...
Exceeding two pounds and not exceeding five
pounds
...
Exceeding five pounds and not exceeding twenty
pounds
...
...
...
Three months.
57.-(1) When the enactment under which a conviction is made does not prescribe any fine, but orders the accused to be imprisoned, with or without hard labour, or when an order is made directing the without option performance of any act other than the payment of money, and ordering 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 warrant of commitment for such time as is prescribed by the enactment under which the conviction or order is made.
of fine.
Forms 14 and 15.
Form 22.
Costs npon dismissal of the informa.
tion. How levied.
Forms 26 and
27.
Imprisonment for a second
(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 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.
58. When any charge is dismissed with costs, the amount of costs may be levied by distress on the complainant's goods, and in default of distress or payment, the complainant may be committed to prison for a term of one inonth, unless the amount due for costs, together with all costs and charges of the distress, and of the commitment and conveying the complainant to prison (which charges are to be assessed by the Court, and stated in the warrant), be sooner paid.
59. If the Court adjudges any accused to be imprisoned, and the offence. From accused is at the time undergoing imprisonment on another conviction,
the warrant of commitment for the second conviction shall be delivered.
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