Directory_and_Chronicle_1870 — Page 300

Directories & Chronicles 香港指南 All

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H. B. M. SUBJECTS IN CHINA AND JAPAN.

wise, to the Supreme Court, or elsewhere in China or Japan, ac- cording to the writ, order, or warrant.

44. Any of Her Majesty's Courts in China or in Japan may Execution of write, &c.,

from Hongkong. execute any writ, order, or warrant issuing from the Supreme Court of Hongkong, and accompanied by a request for such execution in writing under the seal of that Court; -and may take security from any person named in any such writ, order, or warrant for his ap- pearance personally or by attorney at Hongkong; or may cause any such person to be taken in custody or otherwise, to Hongkong, according to the writ, order, or warrant.

Officer.

45. Any of Her Majesty's Judicial or Consular Officers shall Protection of Consular not be liable to action for the escape of any person taken under any writ, order, or warrant of the Supreme Court of Hongkong.

46. Her Majesty's several Courts in China and Japan shall be Courts to be auxiliary. auxiliary to one another in all particulars relative to the administration

of justice, civil or criminal.

47. Each Provincial Court shall every six months furnish to Report by Provincial the Supreme Court for China and Japan a report respecting every to Supreme Court. case, civil and criminal, brought before it, in such form as the Judge

of the Supreme Court from time to time directs.

II.-In Civil Matters.

RECONCILIATION AND ARBITRATION.

48. Every Court may promote reconciliation, and encourage Settlement of litigation. and facilitate the settlement in an amicable way of any suit or pro-

ceeding pending before it.

49. A Court may, with the consent of the parties, refer to ar- Reference to arbitration bitration the final determination of any suit or proceeding pending by Coutr. before it, or of all matters in difference between the parties on such terms and with such directions as to appointment of an arbitrator and other things as may seem fit, and may, if it thinks fit, take from the parties, or any of them, security to abide by the result of the reference.

In any such case the award shall be final and conclusive.

On the application of any party a decree of the Court may be eutered in conformity with the award, and such decree shall not be open to any appeal or re-hearing whatever.

50. Every agreement for reference to arbitration, or submission Reference to arbitration to arbitration, by consent may, on the application of any party be made made rule of Court. a rule of a Court having jurisdiction in the matter of the reference

or submission, which Court shall thereupon have power and authority

to enforce the agreement or submission and the award made there- under, and to control and regulate the proceedings before and after the award in such manner and on such terms as may be just.

General Authorities of Courts.

51. The Supreme and every other Court shall be a Court of law and Equity. Law and of Equity.

Special Authorities of Court.

52. The Supreme and every other Court shall be a Court of Bank- Bankruptcy. ruptcy, and as such shall, as far as circumstances admit, have, (as to a Provincial Court, for and within its own district), with respect to Bri- tish subjects and to their debtors and creditors being either British sub- jects or foreigners submitting to the jurisdiction of the Court, all such jurisdiction as for the time being belongs to the Court of Bankruptcy

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