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

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law from Supreme

140. Where any judgment, order, or sentence of the Supreme Appeal on question of Court is given, made, or passed in the exercise of either original or Court in criminal cases. appellate criminal jurisdiction, the party charged with the crime or offence, if he considers the judgment, order, or sentence to be er- roneous in point of law, may appeal therefrom to Her Majesty in Council, provided that the Supreme Court declares the case to be a fit one for such appeal, and that the appellant complies with such conditious as the Supreme Court establisbes or requires, subject always to such rules as from time to time Her Majesty in Council thinks fit to make in that behalf.

XIX.-GENERAL PROVISIONS.

141. Nothing in this Order shall be deemed to affect Her Ma- Saving for prerogative

of pardon. jesty's prerogative of pardon.

Consular powers.

142. Except as in this Order expressly provided, nothing in this Saving for general Order shall preclude any of Her Majesty's Consular Officers in China or in Japan from performing any act not of a judicial character, that Her Majesty's Consular Officers there might by law or by virtue of usage or sufferance, or otherwise, have performed if this Order had

not been made.

litigation.

143. Every of Her Majesty's Consular Officers shall, as far as Reconcilation before there is proper opportunity, promote reconciliation, and encourage and facilitate the settlement in an amicable way, and without re- course to litigation, of matters in difference between British subjects in China or in Japan.

signatures and seala,

144. Every signature or seal affixed to any instrument purport- Presumption as to ing to be the signature of the Judge of the Supreme Court, or of any officer or person acting under this Order, or to be the seal of any of Her Majesty's Courts in China or in Japan, shall for all purposes under this Order, without any proof thereof, be presumed to be genuine, and shall be taken as genuine until the contrary is proved.

145. In every case, civil or criminal, heard in any Court, proper Minutes of proceedings. minutes of the proceedings shall be drawn up, and shall be signed by the Judge or Officer before whom the proceedings are taken, and sealed with the seal of the Court, and shall, where Assessors are pre- sent, be open for their inspection, and for their signature if concur- red in by them.

The minutes, with depositions of witnesses and notes of evidence taken at the trial by the Judge or Officer, shall be preserved in the public office of the Court.

146. In a civil case any Court may order such cost or costs, Costs in civil cases. charges, and expenses, as to the Court seem reasonable, to be paid by any party to the proceedings, or out of any fund to which the proceeding relates.

subjecta.

147. Any Court, either of its own motion, or, in civil cases, on Witnesses; British the application of any party to any suit or proceeding or reference, may summon as a witness any British subject in China or Japan,— but so that a Provincial Court shall have power so to summon British subjects in its own district only.

Any British subject, duly served with such a summons, 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, shall, over and above any other liability to which he may be subject, 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.

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