Publication of Rules
Evidence of Rules.
Revocation of existing Rules.
Appeal on question of law from Supreme Court in Civil cases involving 2,500 dollars or upwards.
Execution or suspension.
Becurity on execution.
Security on suspension.
22
ORDER IN COUNCIL.
ceedings, expenses of witnesses and prosecutions, costs and fees, in civil and in criminal cases, in the Supreme Court and other Courts, including the regulation of cross-suits and the admission of counter-claims, and the regulation of proceedings thereon, and for the regulation of appeals to the Supreme Court from the other Courts in civil and in criminal cases, and of rehearings before the Judge of the Supreme Court, and may thereby impose reasonable penalties.
Rules affecting the conduct of civil suits shall be so framed as to secure, as far as may be, that cases shall be decided on their merits accord- ing to substantial justice, without excessive regard to technicalities of pleading or procedure, and without unnecessary delay.
Rules framed by the Judge shall not have effect unless and until they are approved by one of Her Majesty's Principal Secretaries of State,- save that in case of urgency declared in any Rules framed by the Judge, with the approval of Her Majesty's Minister in China, the same shall have effect, unless and until they are disapproved by one of Her Majesty's Principal Secretaries of State, and notification of such disapproval is received and published by the Judge.
128. A Copy of the Rules for the time being in force shall be kept exhibited conspicuously in each Court and Consulate in China and Japan. Printed copies shall be provided and sold at such reasonable price as the Judge of the Supreme Court from time to time directs.
No penalties shall be enforced in any Court for the breach of any Rule until the Rule has been so exhibited in the Court for one month.
129. A printed copy of any Rule, purporting to be certified under the hand of the Judge of the Supreme Court and the seal of that Court, shall be for all purposes conclusive evidence of the due framing, approval, and publication of the contents thereof,
130. From and after the commencement of any Rules made by the Judge of the Supreme Court under this Örder, all Rules and Regulations theretofore made by the Chief Superintendent of Trade in China, or by Her Majesty's Consul-General in Japan, in respect.of any matter in respect whereof the Judge of the Supreme Court is by this Order authorised to make Rules, shall cease to operate.
XVIII-APPEAL TO HER MAJESTY IN COUNCIL.
131. Where any final decree or order of the Supreme Court is made in a civil case in respect of a sum or matter at issue of the amount or value of 2,500 dollars or upwards,—or determines directly or indirectly any claim or question respecting property of the amount or value of 2,500 dollars or upwards, any party aggrieved by the decree or order may, within fifteen. days after the same is made, apply by motion to the Supreme Court for leave to appeal to Her Majesty in Conncil.
132. If leave to appeal is applied for by a party adjudged to pay money or perform a duty, the Supreme Court shall direct either that the decree or order appealed frou 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.
133. If the Court directs the decree or order to be carried into execu- tion, the party in whose favour it is made shall, before the execution of it, give security to the satisfaction of the Court for the due performance of such order as Her Majesty in Council may think fit to make.
134. If the Court directs the execution of the decree or order to be suspended pending the appeal, the party against whom the decree is made, shall, before any order for suspension or execution, give security to the satisfaction of the Court for the due performance of such order as Her Majesty in Council may think fit to make.
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