THE HONGKONG GOVERNMENT GAZETTE, 17TH JUNE, 1865.
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tended defendant one month at least before the commencement of the suit or proceeding, nor unless it is commenced within ree months next after the act or omission complained of, or in case of a continuation of damage within three months next fer the doing of such damage has ceased.
The Plaintiff in any such suit shall not succeed if tender of sufficient amends is made by the defendant before the mmencement thereof; and if no tender is-made the defendant may by leave of the Court at any time pay into Court such of money as he thinks fit, whereupon such proceeding and order shall be had and made in and by the Court as may be and made on the payment of money into Court in an ordinary suit.
XX. HONGKONG.
158. Where a warrant or order of arrest is issued by any of Her Majesty's Courts in China or Japan for the apprehension of a British subject who is charged with having committed a crime or offence within the jurisdiction of the Court issuing the warrant or order, and who is or is supposed to be in Hongkong, and the warrant or order is produced to any of Her Majesty's Justices of the Peace in and for Hongkong, such Justice may back the warrant or order, and the same when so backed shall be sufficient authority to the person to whom the warrant or order was originally directed, and also to any constable or other eace officer in and for Hongkong, to apprehend the accused in Hongkong and to carry him to and deliver him up within the jurisdiction of the Court issuing the warrant or order, according to the warrant or order.
159. The Supreme Court of Hongkong may take cognizance of offences committed by British subjects within the peninsula of Macao, and of suits originating there, when the party offending or the party sued comes or is found within the jurisdiction of that Court; but that Court shall not have power to issue any warrant or writ to be executed or served within that peninsula. 160. Save as expressly provided by this Order, all jurisdiction power and authority of the Supreme Court of Hongkong exerciseable in relation to British subjects resident in or resorting to China or Japan shall, from the commencement of this Order, absolutely cease.
XXI. REPEALS.
161. From and immediately after the commencement of this Order, the Orders in Council and Consular Ordinances described in the Schedule to this Order shall be repealed; but this repeal shall not affect the past operation of any such Order or Ordinance, or any appointment made, or thing done, or right, title, obligation, or liability acquired or accrued thereunder before the commencement of this Order.
XXII. PENDING PROCEEDINGS.
162. Nothing in this Order or in any Rules made under it shall apply to or in any manner affect any suit or proceeding, either of a civil or of a criminal nature, pending at the commencement of this Order, either with reference to the original proceedings therein, or with reference to any appeal therein, or otherwisc, subject, nevertheless, to the following provisions and qualifications:---
(1.) All suits and proceedings, whether of a civil or of a criminal nature, instituted or taken before the commencement of this Order in the district of the Consulate of Shanghai, and pending at the commencement of this Order, are hereby transferred to the jurisdiction of the Supreme Court, and the same may be carried on and shall be tried, heard, and determined in and by the Supreme Court in like manner as nearly as may be in all respects as if the same, had been instituted or taken in the district of the Consulate of Shanghai after the commencement of this Order:
(2.) In any suit or proceeding, whether of a civil or of a criminal nature, the Court before which the same is pending at the commencement of this Order, after hearing the parties, either of its own motion, or on the application of either party, or by consent, may, if it seems fit, from time to time direct that the procedure and practice prescribed by this Order, or by any Rule made under it, be followed in any respect.
163. Nothing in this Order shall take away any right of appeal in any suit of a civil nature pending at the commencement of this Order,or interfere with the bringing or prosecution of any appeal in any such suit that night have been brought or prosecuted if this Order had not been made, or take away or abridge any jurisdiction, power, or authority of any Court, Judge, Officer, or person in relation to any appeal in any such suit, or to the execution or enforcement of any Judgment, decree, or order made before or after the commencement of this Order, in or respecting any appeal in any such suit; and, notwithstanding this Order, any appeal in any such suit shall lic and may be brought and prosecuted, and any such judgment, decree, or order may be made, executed, and enforced in like manner and with the like effect and consequences in all respects as if this Order had not been made, subject only to this qualification,--that in case of any appeal which, if this Order had not been made, would have lain to or been heard and determined by the Chief Superintendent, or to or by Her Majesty's Consul-General in Japan, the same shall lie to and be heard and deterinined by the Supreme Court in a like course of procedure as nearly as may be in all respects as if this Order had not been made.
XXIII-COMMENCEMENT AND PUBLICATION OF ORDER.
164. This Order shall commence and have effect as follows:-
(1.) As to the making of any warrant or appointment under this Order,-immediately from and after the making of
this Order:
(2.) As to the framing of Rules by the Judge of the Supreme Court and the approval thereof by one of Her Majesty's Principal Secretaries of State,-immediately from and after the first appointment under this Order of a Judge of the Supreme Court:
(3.) As to all other matters and provisions comprised and contained in this Order,-immediately from and after the expiration of one month after this Order is first exhibited in the public office of Her Majesty's Consul at Shanghai; for which purpose Her Majesty's Consul at Shanghai is hereby required forthwith, on receipt by him of a copy of this Order, to affix and exhibit the same conspicuously in his public office, and he is also hereby required to keep the same so affixed and exhibited during one month from the first exhibition thereof; and of the time of such first exhibition notice shall, as soon thereafter as practicable, be published in every Consular District in China and Japan, in such manner as Her Majesty's Ministers there respectively direct';
and, notwithstanding anything in this Order, the time of the expiration of the said month shall be deemed to be the time of the commencement of this Order.
165. A copy of this Order shall be kept exhibited conspicuously in each Court and Consulate in China and in Japan. Printed copies shall be provided and sold at such reasonable price as Her Majesty's Minister in China directs.