Directory_and_Chronicle_1864 — Page 124

[L. S.]

LETTERS PATENT FOR JAPAN.

LETTERS PATENT FOR JAPAN.

109

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. TO ALL TO WHOM these Presents shall come Greeting. WHEREAS by an Ordinance passed by the Legislative Council of Hongkong in the Year One thousand eight hundred and forty-five, intituled No. 6 of One thousand eight hundred and forty-five, "An Ordinance to repeal Ordinance No. 15 of One thousand eight hundred and forty-four for the establishment of a Supreme Court of Judicature at Hongkong and to substitute other provisions in lieu thereof," it was enacted that there should be within the said Colony a Court which should be called the Supreme Court of Hongkong. AND WHEREAS by certain Letters Patent bearing date the thirtieth January One thousand eight hundred and sixty provision was professedly made for investing the said Supreme Court with appellate Jurisdiction in cases of Civil Suits heard and determined under authority of Her Majesty's Order in Council of the third March One thousand eight hundred and fifty-nine by British Consuls within the Dominions of the Emperor of Japan, but such Order in Council had been repealed previously to the date of the said Letters Patent, that is to say, by Her Majesty's Order in Council of the twenty-third of January One thousand eight hundred and sixty. AND WHEREAS it is expedient that the said Letters Patent should be revoked: NOW KNOW YE that upon consideration of the premises and of Our certain knowledge and mere motion We have thought fit to direct and ordain and do direct and ordain as follows:-

1. The aforesaid Letters Patent of the thirtieth day of January One thousand eight hundred and sixty are hereby revoked and determined. AND WHEREAS by the thirteenth Section of an Order in Council bearing date the twenty-third of January One thousand eight hundred and sixty it was Ordered that in the event of any Suit of a Civil nature arising between British Subjects within the Dominions of the Tycoon of Japan it should be lawful upon the application of any party to such Suit for the Consul of the District within which the party sued should be found to hear and determine such Suit subject in case the sum of dispute should exceed One thousand dollars to an appeal to the Supreme Court of the Colony of Hongkong, and that every such appeal should be made and conducted in the manner and form and under the same conditions as were prescribed by the said Order in Council in cases in which the Defendant only was a British Subject. AND WHEREAS by the twenty-eighth Section of the aforesaid Order in Council it was further Ordered that the Supreme Court of the Colony of Hongkong should have and might exercise concurrently with Her Majesty's Consul authority and jurisdiction in regard to all Suits of a Civil nature between British Subjects arising within any parts of the Dominions of the Emperor of Japan: Provided always that the said Supreme Court should not be bound unless in a fit case it should deem it right so to do by Writ of "Certiorari" or otherwise to debar or prohibit the Consul from hearing and determining pursuant to the provisions of the several Sections of the said Order and Suit of a Civil nature between British Subjects or to stay the proceedings of a Consul in and such matter.

2. WE do further direct and ordain that if any party to any such Suit as aforesaid heard and determined in Japan and in which the sum in dispute shall exceed One thousand Dollars shall be dissatisfied with the decision given upon the said Suit by the Consul before whom the same shall be heard or tried it shall be lawful for such party within fifteen days after such decision to give to the Consul Notice of Appeal to the Supreme Court of Hongkong whereupon the Consul shall with as little delay as possible stamp with his Consular Seal and transmit to the said Supreme Court all the Documents which were produced before him and none other and also the Notes taken by him of the evidence adduced in the said Suit together with a Statement of the grounds on which he formed his decision and an exact Copy of the Order made by him, and shall forthwith notify to the several parties the transmission thereof. Provided always that it shall be lawful for the Consul to require from any party appealing to the said Court reasonable Security which shall consist in part of one or two sufficient Sureties