CO129-109 - Public Offices - 1865 — Page 98

Costs in civil cases.

Witnesses; British subjects.

Expenses of witnesses in civil cases.

Examination on oath.

Perjury.

Enforcing

payment of

and other

moneyɛ.

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The minutes, with depositions of witnesses and notes of evi- dence taken at the trial by the Judge or Officer, shall be preserved in the public office of the Court.

146. In a civil case any Court may order such costs, or costs, charges, and expenses, as to the Court seem reasonable, to be paid by any party to the proceedings, or out of any fund to which the proceeding relates.

147. Any Court, either of its own motion, or, in civil cases, on the application of any party to any suit or proceeding or reference, may summon as a witness any British subject in China or Japan,-but so that a Provincial Court shall have power so to summon British subjects in its own district only.

Any British subject, duly served with such a summons and with reasonable notice of the time and place at which his attend- ance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court, shall, over and above other liability to which he may be subject, be liable to a fine any not exceeding 500 dollars, or to imprisonment for any term not exceeding one month, in the discretion of the Court.

148. In civil cases any Court may, where the circumstances appear to justify it, order that the expenses of a witness, on his appearing to give evidence, shall be defrayed by the parties or any of them.

149. Any person appearing before a Court to give evidence civil or criminal, may be examined or give evidence in any case, on oath in the form or with the ceremony that he declares to be binding on his conscience.

150. Any British subject wilfully giving false evidence in any suit or proceeding, civil or criminal, or on any reference, shall, on conviction thereof, be deemed guilty of wilful and cor- rupt perjury.

151. All costs and all charges and expenses of witnesses, pro- costa, penalties, secutions, punishments, and deportations, and other charges and expenses, and all fees, fincs, forfeitures, and pecuniary penalties payable under this Order, may be levied by distress and seizure and sale of ships, goods, and lands; and no bill of sale, or mortgage, or transfer of property, made with a view to security in regard to crimes or offences committed, or to be committed, shall be of any avail to defeat any provision of this Order,

Application of fees, and other moneys.

152. All fees, fines, forfeitures, confiscations, and pecuniary penalties levied under this Order, except confiscations and pecuniary penalties by treaty appropriated or payable to the

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Government of China or to that of the Tycoon of Japan, shall be carried to the public account, and be applied in diminution of the public expenditure on account of Her Majesty's Courts in China and Japan; but if the Government of China or that of the Tycoon of Japan declines to receive any confiscation or pecuniary penalty by treaty, appropriated or payable to it, the same shall be applied as other confiscations and pecuniary penalties are applicable.

153. Whenever under this Order any person is to be taken Mode of re- in custody or otherwise, for trial or imprisonment, or by way

moval of pri- of deportation, or for any other purpose, to the Supreme

soners, &c. Court or elsewhere in China or Japan, or to Hong Kong, England, or elsewhere, the Court or other authority by this Order authorized to cause him to be so taken, may for that purpose (if necessary) cause him to be embarked on board one of Her Majesty's vessels of war, or if there is no such vessel available, then on board any British or other fit vessel, at any port or place whether within or beyond the particular juris- diction or district of that Court or authority, and in order to such embarkment may (if necessary) cause him to be taken, in custody or otherwise, by land or by water, from any place to the port or place of embarkment.

The writ, order, or warrant of the Supreme Court for China and Japan, or of a Provincial Court in China or Japan, or of the Supreme Court of Hong Kong, or the warrant of the Governor or person administering the government of Hong Kong (as the case may be), by virtue whereof any person

is

to

be so taken, shall be sufficient authority to every constable, officer, or other person acting thereunder, and to the com- mander or master of any vessel of war, or other vessel (whether the constable, officer, or other person, or the vessel or the commander or master thereof, is named therein or not), to receive, detain, take, and deliver up such person, according to the writ, order, or warrant.

Where the writ, order, or warrant is executed under the immediate direction of the Court or authority issuing it, the writ, order, or warrant shall be delivered to the constable, officer, or other person acting thereunder, and a duplicate there- of shall be delivered to the commander or master of any vessel in which the person to whom the writ, order, or warrant relates is embarked.

Where the writ, order, or warraut issues from the Supreme Court for China and Japan, and is executed by a Provincial Court in China or Japan,and where the writ, order, or warrant issues from the Supreme Court of Hong Kong, and is executed by any of Her Majesty's Courts in China or Japan,-a copy

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