Directory_and_Chronicle_1882 — Page 638

IN CHINA AND JAPAN.

155. If leave to appeal is applied for by a person dir cted by a Execution of decree or decree or order to pay money, or do any other act, the Court below order pending appeal, shall direct either that the decision appealed from be carried into execution, or that the execution thereof be suspended pending the appeal, as the Court considers to be in accordance with substantial justice.

If the Court directs the decision to be carried into execution, Security. the person in whose favour it is given shall, before the execution of it, give security to the satisfaction of the Court for the du per- formance of such order as the Supreme Court may make.

If the Court directs the execution of the decision to be suspended pendling the appeal, the person against whom the decision is given shall, before any order for suspen-ion of execution, give security to the satisfaction of the Court for the due performance of such order as the Supreme Court may mike.

In all cases security shall also be given by the appellant to the satisfaction of the Curt, to an amount not exceeding 250 dollars, for the prosecution of th· appeal, and for payment of all fees and charges in the Court below and in the Supreme Court, and of all such costs as may be awarded to any respondent by the Supreme Couri.

If the last-mentioned security is given within fourteen days. Leave to appeal, when, after motion made for leave to appeal, thea, and not otherwise, the Court below shall give leave to appeal, and the appellant shall be at liberty to prefer and prosecute his appeal accordingly.

In any case other than the case hereinbefore described, the Court below, if it considers it just or expedient (for reasons to be recorded in the minutes of proceeding) to do so, may give leave to appeal on the terms and in the manner aforesaid.

156. Where there are more plaintiffs than one an appeal canuot Appeal by plaintiffs;

be prosecuted except by all the plaintiffs jointly.

Where there are more defendants than on, any one or more of by defendants.

them may prosecute an appeal separately; but defendants severing

in appeal do so at the risk of costs if the severance is improper.

157. The Supreme Court may require any party to an appeal to Personal appearance. appear personally before it on the hearing of the appel, or on any

occasion pending the appeal: otherwise personal appearance shall

not be requisite.

158. It is not open, as of right, to any party to an appeal to Evidence. adduce new evidence in support of his original case; but a party may allege any facts essential to the issue that have come to his knowled ze after the decision of the Court below, and adduce evidence in support of such allegation; and for the furtherance of justice the Supreme Court may, where it thinks fit, allow or require new evidence to be adduced.

159. The Court below shall not, except for some special cause, Original documents. take upon itself the responsibility of the charge or of the transmission to the Supreme Court of original letters or documents produced in evidence in the suit.

Such origina' letters and documents shall be returned t the respective parties producing the same, and only copies thereof duly certified shall be transmittel in the appcal record.

The respective parties must, however, be prepared to produce the originals, if required by the Supreme Court, before or at the hearing of the appeal.

160. After the expiration of six mouths from the date of a Limitation of time decree or order, leave to appeal against it shall not be given by a for appeal,

Provincial Court.

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