IS
事
LE
Execution or suspension.
Security on execution.
Security on suspension,
Security on appeal.
Leave to appeal.
Leave in other cases.
Liberty to ap-
ingly.
peal accord-
Saving for
34
or upwards, any party aggrieved by the decree or order may within fifteen days after the same is made, apply by motion to the Supreme Court for leave to appeal to Her Majesty in Council.
132. If leave to appeal is applied for by a party adjudged to pay money or perform a duty, the Supreme Court shall direct either that the decree or order appealed from be carried into execution, or that the execution thereof be suspended, pending the appeal, as the Court considers to be in accordance with substantial justice.
133. If the Court directs the decree or order to be carried into execution, the party in whose favour it is made shall, before the execution of it, give security to the satisfaction of the Court for the due performance of such order as Her Majesty in Council may think fit to make.
134. If the Court directs the execution of the decree or order to be suspended pending the appeal, the party against whom the decree is made shall, before any order for suspension of execution, give security to the satisfaction of the Court for the due performance of such order as Her Majesty in Council may think fit to make.
135. In all cases security shall also be given by the appellant to the satisfaction of the Court to an amount not exceeding 2,500 dollars for the prosecution of the appeal, and for payment of all such costs as may be awarded to any respondent by Her Majesty in Council, or by the Lords of the Judicial Cominittee of Her Majesty's Privy Council.
136. If the last-mentioned security is given within one month from the filing of the motion-paper for leave to appeal, then, and not otherwise, the Supreme Court shall give leave to appeal.
137. In any case other than the cases herein-before described, the Supreme Court may give leave to appeal on the terms and in the manner aforesaid if it considers it just or expedient to do so.
138. In every case where leave to appeal is given as aforesaid, the appellant shall be at liberty to prefer and prosecute his appeal to Her Majesty in Council according to the rules for the time being in force respecting appeals to Her Majesty in Council from Her Colonies, or such other rules as Her Majesty in Council from time to time thinks fit to make concerning appeals from the Supreme Court.
189. Nothing in this Order shall affect the right of Her other rights of Majesty at any time, on the humble petition of a party aggrieved
appeal.
35
by a decision of the Supreme Court in a civil case, to admit his appeal thereon on such terms and in such manner as Her Majesty in Council may think fit, and to deal with the decision appealed from in such manner as may be just.
140. Where any judgment, order, or sentence of the Appeal on Supreme Court is given, made, or passed in the exercise of question of law either original or appellate criminal jurisdiction, the party Court in
from Supreme charged with the crime or offence, if he considers the judgment criminal cases. order, or sentence to be erroneous in point of law, 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 Saving for Majesty's prerogative of pardon.
prerogative of pardoo. 142. Except as in this Order expressly provided, nothing in Saving for this Order shall preclude any of Her Majesty's Consular Officers general Con- in China or in Japan from performing any act not of a judicial
sular powers. 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.
tion.
143. Every of Her Majesty's Consular Officers shall, as far Reconciliation as there is proper opportunity, promote reconciliation and en- before litiga- courage and facilitate the settlement in an amicable
way, and without recourse to litigation, of matters in difference between British subjects in China or in Japan.
144. Every signature or seal affixed to any instrument Presumption purporting to be the signature of the Judge of the Supreme as to signa- Court, or of any officer or person acting under this Order, or seals.
tures and to be the seal of any of Her Majesty's Courts in China or in Japan, shall, for all purposes under this Order, without thereof, be presumed to be genuine, and shall be taken as any proof genuine until the contrary is proved.
145. In every case, civil or criminal, heard in any Court, Minutes of proper minutes of the proceedings shall be drawn up, and shall proceedings. be signed by the Judge or Officer before whom the proceedings are taken, and sealed with the seal of the Court, and shall, where Assessors are present, be open for their inspection and for their signature if concurred in by them.
© 2
95