380
Forfeited recognizance.
Forms 18, 20
21.
Applications under Article 85 of the Order.
Documents to be forwarded
the Supreme
RULES OF SUPREME COURT IN CHINA
(2) In any case the Court may order the accused to be brought before it at any time before the expiration of the period for which he shall have been remanded.
66. In all cases in which recognizances, whether conditioned to appear, to keep the peace, or for any other purpose, are forfeited, the non-appearance or other default shall be certified by the Court on the back of the recognizance, which shall then be estreated and recovered by distress.
Appeal and Reserved Case (Order, Article 85).
67. Any application under Article 85 of the Principal Order by a person convicted must be given in writing to the Court within four days after the conviction. Such notice must set forth generally the grounds on which the applicant considers the conviction erroneous in point of law, and may contain an application that time be allowed for filing an argument in support of the application. When the person convicted declares his intention of appealing within the four days, but from any cause is unable to make out an application in writing, the application shall be prepared for him by an officer of the Court.
68. The case stated, together with all necessary documents, including to Registrar of any argument, shall be forwarded or delivered to the Registrar of the Supreme Court within fourteen days after the recognizances shall have been completed, and shall thereupon be set down for hearing; and the Registrar of the Supreme Court shall give notice of the day appointed for the hearing to the person convicted and other proper parties (if any), either directly or through the proper Provincial Court as the case may require.
Court, who shall give notice of hearing.
Warrant of distress or commitment.
Costs.
69. Where, on a case stated, a conviction has been affirmed, the Court may issue a warrant of distress or commitment, as the case may be, as though no appeal had been brought, and if the Supreme Court orders any party to pay costs, the order shall state to whom and within what time the costs are to be paid, and if such costs are not paid within the time so limited, the Court may enforce payment by warrant of distress.
Sittings for hearing of actions.
Modes of taking evidence. Application.
As to amend. ments, adjournments errors, &c.
PART III.--CIVIL PROCedure.
General.
70.-(1) The sittings of the Court for the hearing of actions shall, where the amount of business so requires, be held on stated days.
(2) The sittings shall ordinarily be public, but the Court may, for reasons recorded in the Minutes, hear any particular case in the presence only of the parties and their legal advisers and the officers of the Court.
71. The evidence on either side may, subject to the direction of the Court, be wholly or partly oral, or on affidavit, or by deposition.
72. Every application in the course of an action may be made to the Court orally, and without previous formality, unless in any case the Court otherwise directs.
73.-(1) The Court (for reasons recorded in the Minutes) may at any time do any of the following things as the Court thinks just:-
(i.) Defer or adjourn the hearing or determination of any action, proceeding, or application
No comments yet.
Private notes are available after approval.