Directory_and_Chronicle_1917 — Page 459

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, it it thinks fit, order in the warrant that the imprison- ment under it shall begin at the expiration of the former term.

379

60. When a person against whom a warrant of distress has been on payment of issued tenders to the officer executing the warrant the sum nained therein, &c., the dis

the penalty, together with the amount of the expenses up to the time of tender, to be tress not to be

levied, or the named in the warrant, the officer shall cease to execute the same.

defendant, if in

discharged

When any person is imprisoned for non-payment of any penalty or prison, to be sum of money he may tender to the keeper of the prison the sum named in therefrom. 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.

Article 63 of

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

cases under Article 83.

trivial offences.

62. If, upon the hearing of any case, the Court think that, though, Conviction for 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:

(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.

prosecution

63. In all proceedings the complainant and accused respectively Conduct of shall be at liberty to conduct their own cases and examine and cross- and defence. 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 Minutes to be entered the issue of all summouses and warrants, the appearances there- kept by Court: 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.

accused on

65.-(1) If from the absence of a witness or other reasonable cause Disposal of it is necessary or advisable to postpone or adjourn the hearing of any ment charge, the Court may either admit the accused to bail, or reniand him or remand. to prison by warrant for such time not exceeding such period as is provided for by Article 41 of the Priucipal Order as may be expedient. Form 6.