CO129-109 - Public Offices - 1865 — Page 104

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Rule.

Page

III-SUMMARY ProceedingS:

311. Hearing

320. Adjournment

321. Decision

322. Conviction

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72

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22

323. Dismissal

324, Costa

326. Execution of Conviction or Order of Dismissal

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XIV.—ÀPPEAL TO SUPREME COURT IN CRIMINAL

CASES

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XV.-GENERAL PROVISIONS (CIVIL AND CRIMINAL

MATTERS) -

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FORMS

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1-8. Civil Matters.

9-30. Probate.

31-58. Criminal Matters.

FEES

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Rules of Her Britannic Majesty's Supreme Court and other Courts in China and Japan,

Framed under the Order of Her Majesty in Council of the 9th day of March 1865, by the Judge of Her Majesty's Supreme Court, and

Approved by One of Her Majesty's Principal Secretaries of State.

Dated the 4th day of May 1865.

I-DECISION OF QUESTIONS WITHOUT FORMAL SUIT.

Questions of Fact.

1. Where the parties between whom a suit might be instituted In what cases are agreed as to any question of fact to be determined between this proceeding them, they may by consent and by order of the Supreme or other applicable. Court on summons, which order the Court may make on being satisfied that the parties have a real interest in the determina- tion of such question, and that the same is fit to be tried,- proceed to the trial of any question of fact without any petition presented or other pleading.

2. Such question may be stated for trial in an issue (Form 1.), Issue. and such issue may be set down for trial, and tried accordingly, as if the question stated were to be determined at the hearing of an ordinary suit.

3. The parties may, if they think fit, enter into an agree- Money ment in writing, which shall be embodied in an order of the payment. Court, that on the finding of the Court in the affirmative or negative of such issue, a sum of money, fixed in the agree- ment, or to be ascertained by the Court upon a question inserted in the issue for that purpose, shall be paid by one of the parties to the other, with or without any costs.

On the finding of the Court in any such issue a decree may be entered for the sum so agreed or ascertained, with or without costs, as the case may be.

4. Where no agreement is entered into as to costs, the costs Costs. of the whole proceedings shall be in the discretion of the Court.

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