Directory_and_Chronicle_1882 — Page 593

Leave to appeal to be obtained.

On conviction on

indictment, question

22

ORDER IN COUNCIL.

officer, or in a Court or before a judicial officer in China or Japan of any State in amity with Her Majesty, the Court may, in cases and under circumstane s which would require the attendance of that British subject before our of Her Majesty's Curts in China or Japan, and if it seems to the Court just and expedient so to do, make an order for the atter dance of the British subject in such Court or before such judicial officer and for such purpose as aforesaid,-but so that a Provincia! Court shall not have power to make an order for such attendance of a British subject at any place beyond the particular jurisdiction of the Court.

Any British subject, duly served with such an order, and with reasonable notice of the t me and place at which bis attendance is required, failing to attend accordingly and not excusing bis failure to the satisfaction of the Court making the order, shall be able to a fine not exceeding 5. 0 dollars, or to imprisonment for any term not exceeding one month, in the discretion of the Court.

XVI.--APPEAL TO SUPREME COURT.

1.-In Civil Cases.

119. Where any decision of a Provincial Court sitting with or without Assessors, is given in a civil case in respect of a sum or matter at issue of the amount or value of 250 dollars or upwards, or determines, directly or indirectly, any claim or question respecting property of the amount or value of 250 dollars or upwards,-any party aggrieved by the decision may apply to the Prov ncial Court for leave to appeal to t! e Supreme Court, and shall be entitled to leave on the terms prescribed by the Rules made under this Order, and subject to any restrictions and exceptions therein contained.

In any other case the Provincial Court may, if it seems just and expedient, give leave to appeal on like terms.

In any case the Supreme Court may give leave to appeal on such terms as seem just.

II.-In Criminal Cases.

120. Where any person is convicted otherwise than in a sum- of law may be reserved. mary way of a crime or offence the Court or officer trying the case may, if it sens fit, reserve for the consideration of the Supreme Court any question of law ar sing on trial.

On summary conviction appeal on point of law to lie.

Postponement of

judgment or execut on.

Authority of Supreme Court.

...

The Court or Officer shall then stat a special case, setting out the question reserved, with the facts and circumstances on which it arose, and shall send the case to the Supreme Court.

121. Where any person is convicted in a summary way of a crime or off ne, and is dissatisfied with the conviction as being erroneous in point of law, the Court or Officer trying the case may, on his application in writing, and on compliance by him with any terms prescribed by the Rules made under this Order, state a special case, setting ut the fact and the grounds of the conviction, for the opinion of the Suprem» Court, and send it to that Court.

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122. Where a special case is stated, the Court or.Officer stating it shall, as seems fit, either postpone judgment on the conviction, or respite execution of the judgment, and either commit the person convicted to prison, or take proper security for him to appear and receive judgment or render himself in execution (as the case may require, at an appointed time and place.

123. The Supreme Court shall hear and determine the matter, and thereupon shall reverse, affirm, or amend, the judgment, conviction, or sentence in question,-or set aside the same, and order an entry to