H. B. M. SUBJECTS IN CHINA AND JAPAN.
135. In all cases security shall also be given by the appellant to the Security on satisfaction of the Court to an amount not exceeding 2,500 dollars for the "ppeal, prosecution of the appeal, and for payment of all such costs as may be awarded to any respondent by Her Majesty in Council, or by the Lords of the Judicial Committee of Her Majesty's Privy Council.
136. If the last-mentioned security is given within one month from Love to appen. the filing of motion paper for leave to appeal, then, and not otherwise, the Supreme Court shall give leave to appeal.
137. In any case other than the cases hereinbefore described, the Leave in other Supreme Court may give leave to appeal on the terms and in the manner aforesaid if it consider it just or capedient to do so.
ingh.
138. In every case where leave to appeal is given as aforesaid, the Lady to appellant shall be at liberty to prefer and prosecute his appeal to Herecord- Majesty in Council according to the rules for the time being in force respecting appeals to Her Majesty in Council from Her colonies, or such other rules as Her Majesty in Council from time to time thinks fit to make concerning appeals from the Supreme Court.
rights of appeal.
139. Nothing in this Order shall affect the right of Her Majesty at Bars for other any time, on the humble petition of a party aggrieved by a decision of the Supreme Court in a civil case, to admit his appeal thereon on such terms and in such manner as Her Majesty in Council my think fit, and to deal with the decision appealed from in such manner as may be just.
question of lam
criminal ca
140. Where any judgment, order, or sentence of the Supreme Court Appol on is given, made, or passed in the exercise of either original or appellate from Supreme eriminal jurisdiction, the party charged with the crime or offence, if he Court i 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 requires, subject always to such rules as from time to time Her Majesty in Council thinka fit to make in that behalf.
XIX. GENERAL PROVISIONS.
prenagline
POWOTE.
141. Nothing in this Order shall be deemed to affect Her Majesty's Saving for prerogative of pardon.
of pardon. 142. Except as in this Order expressly provided, nothing in this Order Saving for shall preclude any of Her Majesty's Consular Officers in China or in generid Consular 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.
148. Every of Her Majesty's Consular Officers shall, as far as there is Reconciliation 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.
before litigation.
to signatures
144. Every signature or seal affixed to any instrument purporting to Presumption me be the signature of the Julge of the Supreme Court, or of any officer or and seals. 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 présumed to be genuine, and shall be taken as genuine until the contrary is prove.1.
145. In every case, civil or criminal, heard in any Court proper 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 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 Minutes ( at the trial, by the Judge or Officer, shall be preserved in the public office pro eedinga.
f the Court.
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