581
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thereof certified under the seal of the Court excouting the same shall be delivered to the constable, officer, or other person acting thereunder, and to the commander or master of any vessel in which the person taken is embarked; and any such copy shall be for all purposes conclusive evidence of the Order of which it purports to be a copy.
154. Subject to the other provisions of this Order, all ex- penses of removal of prisoners and others from or to any place in China or Japan, or from or to Hong Kong, and the expenses of deportation and of the sending of any person to England, shall, be defrayed as the expenses relating to distressed British subjects are defrayed, or in such other manner as one of Her Majesty's Principal Secretaries of State from time to time directs.
155. If any British subject wilfully obstructs by act or threat an officer of a Court in the performance of his duty,--
Or within or close to the room or place where a Court is sitting wilfully behaves in a violent, threatening, or disrespectful manner, to the disturbance of the Court, or the terror of the suitors or others resorting thereto,~~
Or wilfully insults the Judge, Assistant Judge, or Law Secre- tary of the Supreme Court, or any Consular Officer, or any juror or Assessor, or any clerk or officer of a Court, during his sitting or attendance in Court or in going to or returning from Court,— He shall be liable to be immediately apprehended by order of the Court, and to be detained until the rising of the Court, and further on due inquiry and consideration, to be punished with a fine not exceeding 25 dollars, or imprisonment for any term not exceeding seven days, at the discretion of the Court, according to the nature and circumstances of the case.
A minute shall be made and kept of every such case of punishment, recording the facts of the offence and the extent of the punishment; and in the case of a Provincial Court, a copy of such minute shall be forthwith sent to the Judge of the Supreme Court.
156. If any clerk or officer of a Court acting under pretence of the process or authority of the Court is charged with extortion, or with not duly paying any money levied, or with other mis- conduct, the Court may (without prejudice to any other liability or punishment to which the clerk or officer would in the absence of the present provision be liable) inquire into the charge in a summary way, and for that purpose summon and enforce the attendance of all necessary persons in like manner as the attendance of witnesses and others may be enforced in a suit, and
may make such order thereupon for the repayment of any money extorted or for the due payment of any money levied,
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and for the payment of such damages and costs, as the Court thinks just; and the Court may also, if it thinks fit, impose such fine upon the clerk or officer, not exceeding 50 dollars for each offence, as seems just.
157. Any quit or proceeding shall not be commenced in any of Her Majesty's Courts in China or Japan or in any Court in Hong Kong against any person for anything done or omitted in pursuance or execution or intended execution of this Order, or of any Regulation or Rule made under it, unless notice in writing is given by the intending plaintiff or prosecutor to the intended defendant one month at least before the commencement of the suit or proceeding, nor unless it is commenced within three months next after the act or omission complained of, or in case of a continuation of damage within three months next after 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 com- mencement thereof; and if no tender is made the defendant may by leave of the Court at any time pay into Court such sum of money as he thinke fit, whereupon such proceeding and order shall be had and made in and by the Court as may be had and made on the payment of money into Court in an ordinary suit,
XX. HONG KONG.
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 Hong Kong, and the warrant or order is produced to any of Her Majesty's Justices of the Peace in and for Hong Kong, 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 con- stable or other peace officer in and for Hong Kong, to appre- hend the accused in Hong Kong 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 Hong Kong may take cognizance of offences committed by British subjects within the peninsula of Macao, and of suits originating there, when the party offend ing 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.
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Treasury