for examination such accounts, papers, or documents as he may have in his power. And if the person so summoned omits, without a valid excuse, to appear at the appointed time and place, and it is proved to the satisfaction of the Court that the summons was served upon him personally or by leaving it with some person at his last or most usual place of abode, and that a reasonable sum was tendered him for his costs and expenses (if any), the Court may issue a warrant to bring such witness before the Court to give evidence.

(2.) When from any cause a summons cannot be served personally on a witness, a notice may be left with the summons, to the effect that a sum sufficient for the reasonable expenses of the witness will be paid to him on application at an address to be set out in the notice, and such notice shall have all the effect of a tender.

(3.) Or if the Court is satisfied on oath that a person able to give evidence on either side will not appear, or will not bring with him any accounts, papers, or documents, unless compelled to do so, it may issue a warrant in the first instance.

(4.) And if on the appearance of a witness, whether in obedience to a summons or on a warrant, such witness shall, without just excuse, refuse to be examined or to take an oath, or, having taken the oath, to reply to such questions as may be put to him, or shall neglect or refuse to produce any accounts, documents, or papers as aforesaid, the Court may adjourn the proceedings for any period not exceeding seven days, and may in the meantime by warrant commit the witness to prison, unless he shall sooner consent to be examined and to answer, or to produce such accounts, papers, or documents as aforesaid; and if upon the adjourned hearing he shall still refuse, the Court may again adjourn and commit the witness for a like period, and so again from time to time until he consent, provided that such imprisonment shall not exceed one month in the whole.

(5.) But the Court may, notwithstanding, proceed with and dispose of the case, or send it for trial without the examination of the witness, if it has received sufficient evidence. But in such case, when the case is to be sent up to another Court, the name of such witness, with particulars of his default, shall accompany the depo sitions.

39. When information is laid before the Court under Article 60, sub-section (1), of the principal Order, the Court may proceed either by summons or warrant, as the circumstances of the case require; and, on the appearance of the accused, shall hear the case in the same way as any other summary criminal proceeding, and may adjourn the hearing and take such measures to insure the further

appearance of the accused as are prescribed in the case of an ordinary offender.

40.—(1.) When any credible witnesses shall prove on oath before the Court a reasonable cause to suspect that any person, subject to the provisions of the principal Order, has in his possession or on his premises any property that has been stolen, or any property whatever on or with respect to which any offence, punishable either upon indictment or upon summary conviction, shall have been committed, or upon a representation by any Ottoman or foreign Tribunal of competent jurisdiction in the Ottoman dominions, that a person accused of an offence of a non-political character is concealed on the premises of a person subject to the provisions of the principal Order, the Court may grant a warrant to search for such property or person.

(2.) A search-warrant may be issued and executed as well on Sundays and holidays as on other days, and by night as well as by day.

(3.) The person to whom a search-warrant is addressed alone has the power to execute it, but may take with him as many persons as are necessary to assist him.

(4.) If the house or place is kept closed after the person executing the warrant has demanded admission and declared his authority and the object of his visit, he may break it open.

(5.) When the alleged offence is one within Article 155 of the principal Order, a search-warrant may be granted by the Court of its own motion, without a sworn information.

Preliminary Examination.

41. At every preliminary examination the accused person must be present.

42. When a preliminary examination is held, the Court shall not be deemed an open Court, and may be held in any convenient place; and the Court may, at its discretion, for reasons to be recorded in the Minutes, order that no person shall be admitted or allowed to remain without permission, except the counsel or solicitor and witnesses of the prosecutor and accused.

43. At a preliminary examination the Court shall take down in writing, and in the presence of the accused, the depositions on oath of those who know anything of the facts of the case, and the crossexamination of such witnesses by the accused or his counsel, and the re-examination; and either at the completion of each deposition or at any time before committing the accused for trial, the depositions must be read over to the several deponents, who are to sign

them. If, after hearing them read, they desire to add to or to vary their deposition in any way, they must do so before signing and in the presence of the accused, who, in the event of any material alteration being made, may cross-examine upon that particular point. The Court must initial every alteration, and sign and date each deposition on completion.

44. At the conclusion of the evidence of the witnesses for the prosecution, if the Court is of opinion that it is not sufficient to put the accused party on his trial for any indictable offence, it shall forthwith order the accused to be discharged as to the complaint then under inquiry; but if the Court is of opinion that there is sufficient evidence, it shall frame in writing a charge against the accused, which shall be read over to him.

45. After the charge is read to the accused the Court must address him to the following effect :

:

"Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial. You have nothing to hope from any promise of favour, and nothing to fear from any threat that may have been held out to you to induce you to make any admission, but whatever you may say will be taken down, and may be used as evidence against you at your trial."

And whatever the accused may say in reply must be written down and read to him, and afterwards sigued by the Court and kept among the depositions. And the fact of the caution having been administered and the words used must always appear before the statement of the accused. If the accused declines to make any statement, the fact of his doing so must be recorded in the same way.

46. After hearing the statement of the accused (if any), the Court shall inquire if he desires to call any witnesses, and if he does, their depositions must be taken in the same way as prescribed for witnesses for the prosecution, and if the accused himself is called as a witness the provisions of "The Criminal Evidence Act, 1898," shall be observed.

47. If the Court is of opinion, on the evidence, that the accused should be put upon his trial, the Court will proceed to commit the accused by warrant to prison to await his trial, or may admit him to bail in the manner described in the principal Order.

48.-(1.) After the accused has been committed for trial the Court shall, if it has not been done at the conclusion of each deposition, bind by recognizance the complainant and every witness to appear at the Court at which the trial is to take place, to prosecute, or to prosecute and give evidence, or to give evidence, as

the case may be, for the prosecution or defence; and after the recognizance has been duly acknowledged by the person entering into it, it must be signed by the Court, and a notice of it, also signed by the Court, must be given at the same time to the person bound by it.

(2.) If any witness or the prosecutor refuses to be bound over, the Court may by warrant commit him to prison until the trial, unless in the meantime he shall consent to be bound over, or unless in the meantime the Court shall decide not to commit the accused for trial.

49. The several recognizances so taken, together with the written information (if any), the depositions, the statement of the accused, and the recognizance of bail of the accused (if any), are to be at once forwarded to the Registrar or other proper officer of the Court of trial, who, so soon as the day is fixed for holding the Sessions, shall give notice thereof to the Court of examination, who will take such steps as may be necessary to insure the attendance of all parties concerned.

50. A person who has been committed for trial shall be entitled to receive on application, and on prepayment at the rate of 4d. per folio of seventy-two words, or, if the Court think fit, without payment, copies of the depositions on which he has been committed. The Court, at the time of committing him for trial, shall inform him of this provision.

51. When new evidence is obtained against an accused person after the completion of the depositions, the prosecutor should give notice to the accused, or his solicitor, of the names of the witnesses and the substance of their proof; but the Court by whom the preliminary examination was held has no power to administer an oath or take an examination after the accused has been committed.

52. On receiving notice of the day appointed for the trial, the Court shall do all that is necessary to insure the attendance of the prosecutor and his witnesses, and the accused and his witnesses (when they have been bound over), at the Court of trial on that day. When the accused is in custody, he must be sent in custody to the Court of trial, and there handed over to the keeper of the prison (if any) or to the Consular officer, who will give a receipt for him.

Trial.

53. At every trial of a criminal offence, the Court shall be deemed an open Court, and shall be held in a room or place to which the public generally may have access so far as it will conveniently contain them.

54. The charge upon which the accused shall be tried may be amended at any time before the trial by leave or direction of the Court. After the commencement of a trial the charge shall not be altered except in manner provided by the principal Order.

When the accused appears or is brought before the Court for trial and no formal charge has already been framed, the Court shall frame in writing a charge against the accused.

55.-(1.) At the trial the charge is in the first instance to be read over to the accused, who is then to be asked whether he is guilty or not guilty.

(2.) If he pleads guilty the Court may proceed to sentence him or make an order against him.

(3.) If the accused pleads not guilty the Court shall proceed to hear the complainant and such witnesses as he may call, and their cross-examination (if any) by the accused, and re-examination by the complainant, and such other evidence as he may adduce in support of the charge.

(4.) After the case for the prosecution is concluded, the accused, or his counsel or solicitor, is asked if he calls witnesses; if he does not, or only to character, the complainant or his counsel will sum up, and the accused or his counsel will reply on the whole case.

(5.) If the accused calls witnesses, he or his counsel may open his case, call his witnesses, and then sum up, after which the complainant or his counsel will reply.

(6.) If the accused himself is called as a witness, the provisions of "The Criminal Evidence Act, 1898," shall be observed.

(7.) The Court will then, if sitting alone, consider and determine the whole matter, or if sitting with Assessors consult the Assessors, or if sitting with a jury sum up the case to the jury and take their verdict, and then proceed to sentence the accused, or make an order against him, or dismiss the charge (as the case may be).

(8.) When a charge is dismissed the Court shall, if desired by the accused, make out an order of dismissal, and give the accused a certificate thereof, which without further proof shall be a bar to any subsequent proceedings in the same matter.

56.-(1.) In every case in which the Court is authorized to order the accused to pay a fine or other sum of money, it may either order it to be paid forthwith, or at such time as the Court may fix, whether by instalments or otherwise, and if by instalments the accused shall enter into such security, whether with or without sureties, for the payment of such instalments as the Court may think fit.

(2.) Where the Court imposes a fine or orders a sum of money to be paid, and the enactment under which the conviction or order