Page 310 Page 310
Page 310 Page 310
H. B. M. SUBJECTS IN CHINA AND JAPAN.
27
Where the writ, order, or warrant issues from the Supreme Court for China and Japan, and is executed by a Provincial Court in China. or Japan,--aud where the writ, order, or warrant issues from the Supreme Court of Hongkong, and is executed by any of Her Majesty's Courts in China or Japan,-a copy thereof certified under the seal of the Court executing the same shall be delivered to the constable, officer, or other person acting thereunder, and to the commander or master of any vessel in which the person taken is embarked; and any such copy shall be for all purposes conclusive evidence of the Order of which it purports to be a copy.
154. Subject to the other provisions of this Order, all expenses of Expenses of removal of removal of prisoners and others from or to any place in China or Japan, prisoners, &c. or from or to Hongkong, and the expenses of deportation and of the sending of any person to England, shall be defrayed as the expenses relating to distressed British subjects are defrayed, or in such other manner as one of Her Majesty's Principal Secretaries of State from time to time directs.
155. If any British subject wilfully obstructs by act or threat an Punishment for officer of a Court in the performance of his duty,-
Or within or close to the room or place where a Court is sitting wilfully behaves in a violent, threatening, or disrespectful manner, to the disturbance of the Court, or the terror of the suitors or others resorting thereto,---
Or wilfully insults the Judge, Assistant Judge, or Law Secretary of the Supreme Court, or any Consular Officer, or any juror or Assessor or any clerk or officer of a Court, during his sitting or attendance in Court or in going to or returning from Court,—
He shall be liable to be immediately apprehended by order of the Court, and to be detained until the rising of the Court, and further on due inquiry and consideration, to be punished with a fine not exceeding 25 dollars, or imprisonment for any term not exceeding seven days, at the discretion of the Court, according to the nature and circumstances of the case.
A minute shall be made and kept of every such case of punishment recording the facts of the offence and the extent of the punishment; and in the case of a Provincial Court, a copy of such minute shall be forth- with sent to the Judge of the Supreme Court.
obstruction or disturbance of Coprk,
156. If any clerk or officer of a Court acting under pretence of the Misconduct of Officers process or authority of the Court is charged with extortion, or with not of Court, duly paying any money levied, or with other misconduct, the Court may (without prejudice to any other liability or punishment to which the clerk or officer would in the absence of the present provision be liable) inquire into the charge in a summary way, and for that purpose summon and enforce the attendance of all necessary persons in like manner as the attendance of witnesses and others may be enforced in a suit, and may
make such order thereupon for the repayment of any money extorted Order for repayment, or for the due payment of any money levied, and for the payment of
such damages and costs, as the Court thinks just; and the Court may
also, if it thinks fit, impose such fine upon the clerk or officer not Fine.
exceeding 50 dollars for each offence, as seems just.
under Order,
157. Any suit or proceeding shall not be commenced in any of Suits for things done Her Majesty's Courts in China or Japan or in any Court in Hongkong against any person for anything done or omitted in pursuance or execution or intended execution of this Order, or of any Regulation or Rule made under it, unless notice in writing is given by the intending
Page 310 Page 310
Digitize. by
Page 310 Page 310
Page 310Page 311
No comments yet.
Private notes are available after approval.