227
Certificate.
Suits by foreigners against British subjects.
Compulsory attendance of British subjects before foreign tribunals.
all 30 persons, or to vary according to the circumstances of different classes, as the Secretary of State from time to time by such order directs.
116. The Consular Officer shall issue to every person so registered a certificate of registration under his hand and Consular seal; and the name of a wife (unless she is living apart from her husband) shall be indorsed on her husband's certificate; and the names and descriptions of females whose registration is included in that of the head of the family shall be indorsed on the certificate of the head of the family.
XV. FOREIGNERS.
FOREIGN TRIBUNALS.
117. Where a foreigner desires to institute or take any suit or proceeding of a civil nature against a British subject, the Supreme or other Court, according to its jurisdiction, may entertain the same, and where any such suit or proceeding is entertained shall hear and determine it according to the provisions of this Order and of the Rules made under it applicable in the case,—either by the Judge, Assistant Judge, Law Secretary, or proper Consular Officer sitting alone (or with Assessors when the case so requires),—or, if (in any case where a trial with a jury may be had under this Order) all parties desire, or the Court thinks fit to direct, a trial with a jury, then, but not otherwise, by the Judge, Assistant Judge, Law Secretary, or proper Consular Officer, with a jury.
118. Where it is shown to any of Her Majesty's Courts that the attendance of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required in a Chinese or Japanese Court, or before a Chinese or Japanese judicial officer, or in a Court or before a judicial officer in China or Japan of any State in amity with Her Majesty, the Court may, in cases and under circumstances which would require the attendance of that British subject before one of Her Majesty's Courts in China or Japan and if it seems to the Court just and expedient so to do, make an order for the attendance of the British subject in such Court or before such judicial officer and for such purpose as aforesaid,—but so that a Provincial Court shall not have power to make an order for such attendance of a British subject at any place beyond the particular jurisdiction of the Court.
Any British subject, duly served with such an order and with reasonable notice of the time and place at which his attendance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court making the order, shall be liable to a fine not exceeding 500 dollars, or to imprisonment for any term not exceeding one month, in the discretion of the Court.
31
XVI. APPEAL TO SUPREME COURT.
I.—IN CIVIL CASES.
to be obtained.
119. Where any decision of a Provincial Court, sitting with Leave to appeal or without Assessors, is given in a civil case in respect of a sum or matter at issue of the amount or value of 250 dollars or upwards,—or determines, directly or indirectly, any claim or question respecting property of the amount or value of 250 dollars or upwards, any party aggrieved by the decision may apply to the Provincial Court for leave to appeal to the Supreme Court, and shall be entitled to leave on the terms prescribed by the Rules made under this Order, and subject to any restrictions and exceptions therein contained.
In any other case the Provincial Court may, if it seems just and expedient, give leave to appeal on like terms.
In any case the Supreme Court may give leave to appeal on such terms as seem just.
II.—IN CRIMINAL CASES.
120. Where any person is convicted otherwise than in a summary way of a crime or offence, the Court or Officer trying the case may, if it seems fit, reserve for the consideration of the Supreme Court any question of law arising on the trial.
The Court or Officer shall then state a special case, setting out the question reserved, with the facts and circumstances on which it arose, and shall send the case to the Supreme Court.
may be reserved.
121. Where any person is convicted in a summary way of a crime or offence, and is dissatisfied with the conviction as being erroneous in point of law, the Court or Officer trying the case may, on his application in writing, and on compliance by him with any terms prescribed by the Rules made under this Order, state a special case, setting out the facts and the grounds of the conviction, for the opinion of the Supreme Court, and send it to that Court.
122. Where a special case is stated, the Court or Officer stating it shall, as seems fit, either postpone judgment on the conviction, or respite execution of the judgment, and either commit the person convicted to prison, or take proper security for him to appear and receive judgment or to render himself in execution (as the case may require) at an appointed time and place.
to
227
Certificate.
Suits by foreigners
against British subjects.
Compulsory attendance
of British subjects be-
fore foreign tribunals.
all
30
persons, or to vary according to the circumstances of different classes, as the Secretary of State from time to time by such order directs.
116. The Consular Officer shall issue to every person so regis- tered a certificate of registration under his hand and Consular scal; and the name of a wife (unless she is living apart from her husband) shall be indorsed on her husband's certificate; and the names and descriptions of females whose registration is included in that of the head of the family shall be indorsed on the cer- tificate of the head of the family.
XV. FOREIGNERS.
FOREIGN TRIBUNALS.
117. Where a foreigner desires to institute or take any suit or proceeding of a civil nature against a British subject, the Supreme or other Court, according to its jurisdiction, may entertain the same, and where any such suit or proceeding is entertained shall hear and determine it according to the pro- visions of this Order and of the Rules made under it applicable in the case,-either by the Judge, Assistant Judge, La v Secre- tary, or proper Consular Officer sitting alone (or with Assessors when the case so requires),—or, if (in any case where a trial with a jury may be had under this Order) all parties desire, or the Court thinks fit to direct, a trial with a jury, then, but not otherwise, by the Judge, Assistant Judge, Law Secretary, or proper Consular Officer, with a jury.
118. Where it is shown to any of Her Majesty's Courts that the attendance of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required in a Chinese or Japanese Court, or before a Chinese or Japanese judicial officer, or in a Court or before a judicial officer in China or Japan of any State in amity with Her Ma- jesty, the Court may, in cases and under circumstances which would require the attendance of that British subject before one of Her Majesty's Courts in China or Japan and if it seems to the Court just and expedient so to do, make an order for the attendance of the British subject in such Court or before such judicial officer and for such purpose as aforesaid,—but so that a Provincial Court shall not have power to make an order for such attendance of a British subject at any place beyond the particular jurisdiction of the Court.
Any British subject, duly served with such an order and with reasonable notice of the time and place at which his attendance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court making the order, shall
31
be liable to a fine not exceed ng 500 doll irs, or to imprisonment for any term not exceeding one month, in the discretion of the Court.
XVI. APPEAL TO SUPREME COURT.
1.-IN CIVIL CASES.
to be obtained.
119. Where any decision of a Provincial Court, sitting with Leave to appeal or without Assessors, is given in a civil case in respect of a sum or matter at issue of the amount or value of 250 dollars or upwards,--or determines, directly or indirectly, any claim or question respecting property of the amount or value of 250 dollars or upwards, any party aggrieved by the decision may apply to the Provincial Court for leave to appeal to the Supreme Court, and shall be entitled to leave on the terms prescribed by the Rules made under this Order, and subject to any restrictions and exceptions therein contained.
In any other case the Provincial Court may, if it seems just and expedient, give leave to appeal on like terms.
In any case the Supreme Court may give leave to appeal on such terms as seem just.
II. -IN CRIMINAL CASES,
120. Where any person is convicted otherwise than in a sum- On conviction mary way of a crime or offence, the Court or Officer trying the on indictment, case may, if it seems fit, reserve for the consideration of the question of law Supreme Court any question of law arising on the trial.
The Court or Officer shall then state a special case, setting out the question reserved, with the facts and circumstances on which it arose, and shall send the case to the Supreme Court.
may be re- served.
121, Where any person is convicted in a summary way of a On summary
conviction, crime or offence, and is dissatisfied with the conviction as being
appeal on point erroneous in point of law, the Court or Officer trying the case of law to lie. may, on his application in writing, and on compliance by him with any terms prescribed by the Rules made under this Order, state a special case, setting out the facts and the grounds of the conviction, for the opinion of the Supreme Court, and send it to that Court.
122. Where a special case is stated, the Court or Officer stating Postponement
of judgment it shall, as seems fit, either postpone judgment on the con-
or execution. viction, or respite exccution of the judgment, and either commit the person convicted to prison, or take proper security for him appear and receive judgment or to render himself in execu- tion (as the case may require) at an appointed time and place.
to
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