Saving for prerogative of pardon,
Saving for
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200
ORDER IN COUNCIL
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 expressle provided, nothing in this Order general Consular shali 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 Consul or Officers shall, as far as there is hetore litigation, proper opportunity, promote reconciliation, and encourage and facilitate t. e settlement in an amicable way, and withon! 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.
Costs in civil
cases,
Witnesses:
British subjects.
Bxpenses of
witnesses in Civil cases.
Bramination on oath.
Perjury,
Enforcing pay.
ment of costs. penalties, an i
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144. Ever. 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 unde: 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 roof thereof, be presumed to be genuine, and shall be taken as genuine until the contar. is proved.
145. In every case, civil or criminal, heard in any Court, 1 roper minutes of the • roceedings shall be drawa up, and shall be signed by the Judge or Officer before whom the proceedlings are taken, and sealed with the seal of the Court, and stall, where Assessors are present, be open or their inspection and for their signature it concurred in by them.
The minetes, with depositions of witnesses and notes of evidence taken at the trial, by the Judge or Otheer, shall be a reserved in the public office of the Court,
146. In a civil case any Court may order such cost or costs, charges, and expenses as to the Court seem reasonable, to be paid by any party to the proceeding, or out of any fund to which the procee ling relates.
147. Any Court, either of its own motion, or, in civil cases, on the application of any arty to any suit or proceeding or reference, may summon as a witness any British subject in China or in Japan,—but so that a Provincial Court shall have power so to summon British subjects in its own district only.
Any British subject, duly served with such a summous, and with reasonable notice of the time and place at which his attendance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court, shall over and above any other ability to which he may be subject, be liable to a fine not exceeding 500 dollars, or to imprisonment for any term not exe eding one month, in the discretion of the Court.
148. In civil cases any Court may, where the circumstances appear to justify it, order that the expenses of a witness, on his appearing to give evidence, shall be defrayed by the parties or any of them.
149. Any person appearing before a Court to give evidence in any case, civil or criminal, may be examined or give evidence on oath in the form or with the ceremony that he declares to be binding on his conscience.
150. Any British subject wilfully giving false evidence in any suit or proceeding, civil or criminal, or on any reference, shall, on conviction thereof, be deemed guilty of wilful corrupt perjury.
151. All costs and all charges and expenses of witnesses, prosecutions, punishments and deportations, and other charges and expenses, and all other moucys. fees, fines, forfeitures, and pecuninry penalties payable under this Order,
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