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(e) Of any informality in the swearing of any witness; or (f) of any error or informality which, in the opinion of the Court, did not affect the substance of the case or subject the convicted person to any undue prejudice. (4) The Full Court shall not award costs to either side in an Appeal under this part of the Order save in an appeal under Article 93.
98. Article 56 shall apply to all proceedings before the Full Court under this Order.
99. Where a person is convicted of any offence before any Court, if the Judge of such Court thinks fit to reserve for the consideration of the Full Court any question of law arising at the trial, he shall state a case, setting out the facts and the grounds of the conviction, and the question of law, and send or deliver it to the Registrar.
100. The jurisdiction of the Full Court under Article 99 shall be exercised subject to the provisions of this Order.
101. There shall be no Appeal in a criminal case to His Majesty the King in Council from a decision of the Full Court except by special leave of His Majesty in Council.
102. Reports to the Minister of sentences of death shall not be sent until the expiration of the time allowed for an Appeal, or for applying for leave to appeal, against the conviction, or, if there is an Appeal, until the determination of the Appeal.
Fugitive Offenders.
103. The Fugitive Offenders Act, 1881 (44 & 45 Vict. c. 69), and the Colonial Prisoners Removal Act, 1884 (47 & 48 Vict. c. 31), shall apply to China as if it were a British possession and part of His Majesty's dominions.
Subject as follows:-
(a) The Minister is substituted for the Governor or Govern-
ment of a British possession.
(b) The Supreme Court is substituted for a Superior Court
of a British possession.
(c) The Supreme Court and each Provincial Court is substi- tuted for a Magistrate of any part of His Majesty's dominions.
(d) For the purposes of Part II of the said Act of 1881, and of this Article in relation thereto, China within the limits of this Order and within the limits of the China (Kashgar) Order in Council, 1920, and Hong Kong shall be deemed to be one group of British possessions.
PART IV.-CIVIL MATTERS.
104. Subject to the provisions of this Order, the civil jurisdic- tion of every Court acting under this Order shall, as far as circum- stances admit, be exercised on the principles of, and in conformity with, English law for the time being in force.
33.
105.-1) Subject to the provisions of this Order, every action in the Supreme Court which involves the amount or value of £250 or upwards shall, on the demand of either party in writing, filed in the Court seven days before the day appointed for the hearing, be heard with a jury.
(2) Any other suit may, on the suggestion of any party, at any stage, be heard with a jury, if the Court thinks fit.
(3) Any suit may be heard with a jury if the Court, of its own motion, at any stage thinks fit.
106.-(1) The Supreme Court may, if it thinks fit, hear any action with assessors.
(2) A Provincial Court shall (subject to the provisions of this Order) hear with assessors every action which involves the amount or value of £150 or upwards.
(3) In all other cases a Provincial Court may, as it thinks fit, hear the action either with or without assessors.
107.-(1) After the issue of a summons by any Court, the decision of that Court may be given upon a special case submitted to the Court by the parties.
(2) Any decision of a Provincial Court may be given subject to a case to be stated by, or under the direction of, that Court for the opinion or direction of the Supreme Court.
108. Subject to the provisions of this Order and the Rules of Court, the costs of and incident to all procedings in the Court shall be in the discretion of the Court, provided that if the action is tried with a jury the costs shall follow the event, unless the Court shall for good cause (to be entered in the Minutes) otherwise order.
Arbitration.
109.-(1) Any agreement in writing between any British sub- jects or between British subjects and foreigners to submit present or future differences to arbitration, whether an Arbitrator is named therein or not, may be filed in the Court by any party thereto, and, unless a contrary intention is expressed therein, shall be irrevocable, and shall have the same effect as an order of the Court.
(2) Every such agreement is in this Order referred to as a submission.
(3) If any action is commenced in respect of any matter covered by a submission, the Court, on the application of any party to the action, may by order stay the action.
110.-(1) In any action-
(a) If all parties consent; or
(b) If the matters in dispute consist wholly or partly of matters of account, or require for their determination prolonged examination of documents or any scientific or local examination;
the Court may at any time refer the whole action, or any question
or issue arising therein, for inquiry and report, to the Registrar of the Court concerned or any special Referee.
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