Directory_and_Chronicle_1889 — Page 848

Costs in civil

cases.

Witnesses:

British subjects.

Expenses of witnesses in Civil cases.

Examination on oath.

Perjury.

Enforcing pay- ment of costs, penalties, and other moneys.

Application of fees and other moneys.

Mode of removal of prisoners.

24

ORDER IN COUNCIL.

146. In a civil case any Court may order such cost or c sts, charges, and expenses, as to the Court seem reasonable, to be paid by any party to the proceeding, or out of any fund to which the proceeding relates.

147. Any Court, either of its own motion, or, in civil cases, on the application of any party to any suit or proceeding or reference, may summon as a witness any British subject in China or in 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 500 dollars, or to imprisonment for any term not exceeding one month, in the discretion of the Court.

148. In civil cases any Court may, where the circumstances appear to justify it, order that the expenses of a witness, on his appearing to give evidence, shall be defrayed by the parties or any of them.

149. Any person appearing before a Court to give evidence in any case, civil or criminal, may be examined or give evidence on oath in the form or with the ceremony that he declares to be binding on his couscience.

150. Any British subject wilfully giving false evidence in any suit or proceeding, civil or criminal, or on any reference, shall, on conviction thereof, be deemed guilty of wilful corrupt perjury.

151. All costs and all charges and expenses of witnesses, prosecutions, punishments, and deportations, and other charges and expenses, and all fees, fines, forfeitures, and pecuniary penalties payable under this Order, may be levied by distress and seizure and sale of ships, goods, and lands; and no bill of sale, or mortgage, or transfer of property, made with a view to security in regard to crimes or offences committed, or to be committed, shall be of any avail to defeat any provisions of this Order.

152. All fees, fines, ¡orfeitures, confiscations, and pecuniary penalties by treaty appropriated or payable to the Government of China, or to that of the Tycoon of Japan, shall be carried to the public accounts, and be applied in diminution of the public expenditure on account of Her Majesty's Courts of China and Japan; but it the Government of China or that of the Tycoon of Japan declines to receive any confiscation or pecuniary penalty by treaty appropriated or payable to it, the same shall be applied as other confiscations and pecuniary penalties are applicable.

153. Whenever under this Order any person is to be taken in custody or otherwise, for trial or imprisonment, or by way of deportation, or for any other purpose to the Supreme Court or elsewhere in China or Japan, or to Hongkong, England, or elsewhere, the (ourt or other authority by this Order authorized to cause him to be so taken, may for that purpose (if necessary) cause him to be embarked on board one of Her Majesty's vessels of war. or if there is no such vessel available, then on board any British or other fit vessel, at any port or place, whether within or beyond the particular jurisdiction or district of that Court or authority, and in order to such embarkment may (it necessary) cause him to be taken in custody or otherwise, by land or by water, from any place to the port or place of embarkment.

The writ, order or warrant of the Supreme Court for China and Japan, or of a Provincial Court in China or Japan, or of the Supreme Court of Hongkong, or the warrant of the Governor or person administering the Government of Hongkong (as the case may be), by virtue whereof any person is to be so taken, shall be sufficient authority to every constable, officer, or other person acting thereunder, and to the commander or master any vessel of war, or other vessel (whether the constable, officer, or other

of