Becurity on appeal.
Leare to appeal.
Leave in other
Liberty to appeal accord- ingly.
Baving for other
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ORDER IN COUNCIL
135. In all cases security shall also be given by the appellant to the satisfaction of the Court to an amount not exceeding 2,500 dollars for the prosecution of the appeal, and for avment of such costs as may be awarded to any res ondent by Her Majesty in Council, or by the Lords of the Judicial Committee of Her Majesty's Privy Council.
136. If the last-mentioned security is given within one month from the filing of motion paper for leave to appeal, then and not otherwise the Supreme Court may give leave to appeal.
137. In any cases other than the cases herein before described the Supreme Court may give leave to appeal on the terms and in the manner aforesaid if it consider it just or expedient to do so.
138. In every case where leave to appeal is given as aforesaid, the appellant shall be at liberty to prefer and prosecute his appeal to Her Majesty in Council according to the rules for the time being in force respecting appeals to Her Majesty in Council from her colonies, or such other rules as Her Majesty in Council from time to time thinks fit to make concerning appeals from the Supreme Court.
139. Nothing in this Order shall affect the right of Her Majesty at rights of peal. any time, on the humble petition of a party aggrieved by a decision of the Supreme Court in a civil case, to admit his appeal thereon on such terms and in such manner as Her Majesty in Council may think fit, and to deal with the decision appealed from in such manner as may be just.
Appeal on
question of law from Supreme
Court in criminal cases
Saving for prerogative of pardon.
Saving for
power.
140. Where any judgment, order, or sentence of the Supreme Court is given, made, or passed in the exercise of either original or appellate criminal jurisdiction, the party charged with the crime or offence, if he considers the judgment, order, or sentence to be erroneous in point of law, may appeal therefrom to Her Majesty in Council, provided that the Supreme Court declares the case to be a fit one for such appeal, and that the appellant complies with such conditions as the Supreme Court establishes or requires, subject always to such rules as from time to time Her Majesty in Council thinks fit to make in that behalf.
XIX. GENERAL PROVISIONS.
141. Nothing in this Order shall be deemed to affect Her Majesty's prerogative of pardon.
142. Except as in this Order expressly provided, nothing in this Order general Consular shall preclude any of Her Majesty's Consular Officers in China or in Japan from performing any act not of a judicial character that Her Majesty's Consular Officers there might by law or by virtue of usage, or sufferance, or otherwise have performed if this Order had not been made. 143. Every of Her Majesty's Consular Officers shall, as far as there is before litigation. proper opportunity, promote reconciliation, and encourage and facilitate the settlement in an amicable way, and without recourse to litigation, of matters in difference between British subjects in China or in Japan.
Reconciliation
Presumption as to signatures and seals.
Minutes of proceedings.
144. Every signature or seal affixed to any instrument purporting to be the signature of the Judge of the Supreme Court, or of any officer or person acting under this Order, or to be the seal of any of Her Majesty's Courts in China or in Japan, shall for all purposes under this Order, without any proof thereof, be presumed to be genuine, and shall be taken as genuine until the contrary is proved.
145. In every case, civil or criminal, heard in any Court, roper minutes of the proceedings shall be drawn up, and shall be signed by the Judge or Officer before whom the proceedings are taken, and scaled with the seal of the Court, and shall, where Assessors are present, be open for their inspection and for their signature if concurred in by them.
The minutes, with depositions of witnesses and notes of evidence taken at the trial, by the Judge or Officer, shall be reserved in the public office of the Court.
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