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139
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160. Save as expressly provided by this Order, all jurisdiction power and authority of the Supreme Court of Hong Kong exerciseable in relation to British subjects resident in or re- sorting to China or Japan shall, from the commencement of this Order, absolutely cease.
XXL-REPEALS.
161. From and immediately after the commencement of this Order, the Orders in Council and Consular Ordinances de- scribed in the Schedule to this Order shall be repealed; but this repeal shall not affect the past operation of any such Order or Ordinance, or any appointment made, or thing done, or right, title, obligation, or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 there- under 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 commenceineut of this Order, either with reference to the original proceedings therein, or with reference to any appeal therein, or otherwise, subject, nevertheless, to the following provisions and qualifi-
cations:-
(1) All suits and proceedings, whether of a "civil or of a criminal nature, instituted or taken before the commence- ment 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 hear- ing the parties, either of its own motion, or on the appli- cation 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 ap- peal 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 might have been brought or
41
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, not- withstanding this Order, any appeal in any such suit shall lie 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 Ma- jesty's Consul-General in Japan, the same shall lie to and be heard and determined 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 con- tained in this Order, immediately from and after the ex- piration of one month after this Órder 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 respec- tively 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.
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