Directory_and_Chronicle_1891 — Page 90

Directories & Chronicles 香港指南 All

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THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884.

amount ordered to be paid by one party in one suit against any amount ordered to be paid by the other party in the other suit.

(g.) Where a plaintiff, being a foreigner, obtains in the Court an order against two or more defendants, being British subjects, jointly, and in another suit one of them is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the order pending that other suit, and may set off any amount ordered to be paid by one party in one suit. against any amount ordered to be paid by the other party in the other suit, without prejudice to the right of the British subject to require contribution from his co- defendants under the joint liability.

(h.) 'Where a foreigner is co-plaintiff in a suit with a British subject who is within the particular jurisdiction, it is not necessary for the foreigner to in ke deposit or give security for costs, unless the Court so direct; but the co-plaintiff British subject is responsible for all fees and costs.

Chinese, Japanese, and Foreign Tribunals.

48.-(a.) Where it is shown to the Supreme or other Court that the attendance of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required in a Chinese or Japanese Court, or before a Chinese or Japanese judicial officer, or in a Court or before a judicial officer of any State in amity with Her Majesty, the Supreme or other Court may, if it thinks fit, in a case an in circumstances in which it would require his attendance before itself, order that he do attend as so required.

(b.) A Provincial Court, however, cannot so order attendance at any place beyond its particular jurisdiction.

(c.) If the person ordered to attend, having reasonable notice of the time and place at which he is required to attend, fails to attend accordingly, and does not excuse his failure to the satisfaction of the Supreme or other Court, he is, indepen dently of any other liability, guilty of an offence against this Order, and for every such offence, on conviction thereof, by summary trial, is liable to a fine not exceeding $500, or to imprisonment for not exceeding one month, in the discretion of the Court.

The SCHEDULE to which the foregoing Order in Council refers.

I.-Regulations made by Sir Rutherford Alcock, while Her Majesty's Minister in China, instituted or designated as Land Regulations, Regulations, and Bye-Laws annexed to the Land Regulations for the foreign quarter of Shanghai north of the Yang-King-Pang, and commonly called the Shanghai Land Regulations.

II.-Port, Consular, Customs, and Harbour Regulations applicable to all the Treaty ports in Chin, dated 31st May, 1869.

Preamble.

THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884.

AT THE COURT AT WINDSOR, THE 26TH DAY OF JUNE, 1884.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS, by Treaty and otherwise, Her Majesty the Queen has power and jurisdiction within China and Japan and the dominions of the King of Corea:

powers

Now, therefore, Her Majesty, by virtue and in exercise of the in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and other.

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