THE HONGKONG GOVERNMENT GAZETTE, 17th JUNE, 1865.
42. Her Majesty's Consul at Shanghai shall have all the powers and authorities of the Sheriff of a county in England, with all the privileges and immunities of the offer, and as such Sheriff shall be charged with the execution of all decrees, orders, and sentences mado and passed by the Supreme Court, on the requisition in that behalf of the Supreme Court.
43. Each Provincial Court shall execute any writ, order, or warrant issuing from the Supreme Court and directed to the Provincial Court;-and may take security from any person named therein for his appearance personally or by attorney, according to the writ, order, or warrant;- or may cause such person to be taken, in custody or otherwise, to the Suprend Court, or elsewhere in China or Japan, according to the writ, order, or warrant.
may
44. Any of Her Majesty's Courts in China or in Japan may execute any writ, order, or warrant issuing from the Supreme Court of Hongkong, and accompanied by a request for such execution in writing under the seal of that Court;-and take security from any person named in any such writ, order, or warrant for his appearance personally or by attorney at Hongkong-or may cause any such person to be taken in custody or otherwise, to Hongkong, according to the writ, order,
or warrant.
45. Any of Her Majesty's Judicial or Consular Officers shall not be liable to an action for the escape of any person taken under any writ, order, or warrant of the Supreme Court of Hongkong.
46. Her Majesty's several Courts in China and Japan shall be auxiliary to one another in all particulars relative to the administration of justice, civil or criminal.
47. Each Provincial Court shall every six months furnish to the Supreme Court for China and Japan a report respecting every case, civil and criminal, brought before it, in such form as the Judge of the Supreme Court from time to time directs.
II-IN CIVIL MATTERS.
Reconciliation and Arbitration.
48. Every Court may promote reconciliation, and encourage and facilitate the settlement in an amicable way of any suit or proceeding pending before it.
49. A Court may, with the consent of the parties, refer to arbitration the final determination of any suit or proceeding pending before it, or of all matters in difference between the parties, on such terms and with such directions as to appointment of an arbitrator and other things as may seem fit, and may, if it thinks fit, take from the parties, or any of them, security to abide by the result of the reference.
In any such cuse the award shall be final and conclusive.
On the application of any party a decree of the Court may be entered in conformity with the award, and such decree shall not be open to any appeal or re-hearing whatever.
50. Every agreement for reference to arbitration or submission to arbitration by consent may, on the application of any party, be made a rule of a Court having jurisdiction in the matter of the reference or submission, which Court shall thereupon have power and authority to enforce the agreement or submission and the award made thereunder, and to control and regulate the proceedings before and after the award in such manner and on such terms as may be just.
General Authorities of Courts.
51. The Supreme and every other Court shall be a Court of Law and of Equity.
Special Authorities of Courts.
59. The Supreme and every other Court shall be a Court of Bankruptcy, and as such shall, as far as circumstances admit, have, (as to a Provincial Court, for and within its own district,) with respect to British subjects and to their debtors and creditors, being either British subjects or Foreigners submitting to the jurisdiction of the Court, all such jurisdiction as for the time being belongs to the Court of Bankruptcy and the County Courts in England, or to any other judicial authority having for the time being jurisdiction in Bankruptcy in England.
53. The Supreme and every other Court shall (as to a Provincial Court, for and within its own district) have and discharge all the powers, rights, and duties appertaining to the office of Coroner in England,-summoning when necessary a jury of not less than three persons comprised in the Jury List of the Court.
Any person failing to attend according to such summons shall be liable to the like fine, to be levied in the like manner, as in this Order provided with reference to juries in civil and criminal proceedings.
54. The Supreme Court shall be a Vice-Admiralty Court, and as such shall, for and within China and Japan, and f vessels and persons coming to and within China or Japan, have all such jurisdiction as for the time being ordinarily belongs to Vice-Admiralty Courts in Her Majesty's possessions abroad.
55. The Supreme Court shall, as far as circumstances admit, have in itself exclusively, for and within China and Japan, with respect to British subjects, all such jurisdiction relative to the custody and management of the persons and estates of persons of unsound mind as for the time being belongs to the Lord Chancellor or other person or persons in England intrusted by virtue of Her Majesty's sign manual with the care and commitment of the custody of the persons and estates of persons found by inquisition in England, idiot, lunatic, or of unsound mind.
50. The Supreme Court shall be a Court for Matrimonial Causes, and as such shall, as far as circumstances admit, har* in itself exclusively, for and within China and Japan, with respect to British subjects, all such jurisdiction, except the jurisdiction relative to dissolution or nullity or jactitation of marriage, as for the time being belongs to the Court for Divores and Matrimonial Causes in England.
57. The Supreme Court shall be a Court of Probate, and as such shall, as far as circumstances admit, have, for an within China and Japan, with respect to the property of British subjects having at the time of death their fixed places abode in China or Japan, all such jurisdiction as for the time being belongs to Her Majesty's Court of Probate in England.
A Provincial Court, shall, however, also have power to grant probate or administration where there is no contenties respecting the right to the grant, and it is proved on onth that the deceased had at the time of his death his fixed. place · abode within the jurisdiction of the Provincial Court.
Probate or administration granted by a Provincial Court shall have effect oyer all the property of the deceased with China and Japan, and shall effectually discharge persons dealing with an executor or administrator thereunder, and t notwithstanding any defect afterwards appears in the grant.
Such a grant shall not be impeachable by reason only that the deceased had not at the time of his death his fixed place of abode within the particular jurisdiction.