Directory_and_Chronicle_1879 — Page 515

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

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may think fit, and to deal with the decision appealed from in such manner as may be just.

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 onesta appellate criminal jurisdiction, the party charged with the crime or offence, if he considers the judgment, order, or sentence to be erroneous 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 conditions as the Supreme Court establishes or require, 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 Saving for prerogati

of pardon. Majesty's prerogative of pardon.

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 Consular powera 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 Reconciliation befored there is proper opportunity, promote reconciliation, and encourage and facilitate the settlement in an amicable way, and without recourse to litigation, of matters in difference between British subjects in China or in Japan.

signatures and sona

144. Every signature or seal affixed to any instrument purporting Presumption as to 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 proceeding minutes of the proceedings shall be drawn up, and shail 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 present, be open for their inspection, and for their signature if concurred 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 case. 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.

147. Any Court, either of its own motion, or, in civil cases, on Witnesses: British

subjects. the application of any party to any suit or proceeding or reference, may summon as a witness any British subject in Caina 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 50) dollars, or to imprisonment for any term not exceeding one month, in the discretion of the Court.