Directory_and_Chronicle_1894 — Page 210

H.B.M. SUBJECTS IN CHINA AND JAPAN

173

entitled to be recognized or protected as a British subject in China or Japan, and shall be liable to a fine not exceeding ten dollars for each instance of such failure.

115. Every person shall on every registration of himself or herself Foo. pay a fee of such amount as one of Her Majesty's Principal Secretaries of State from time to time by order under his hand appoints, such amount either to be uniform for all persons, or to vary according to the circum- stances of different classes, as the Secretary of State from time to time by such order directs.

116. The Consular Officer shall issue to every person so registered a Certificate. certificate of registration under his band and Consular seal; and the name of a wife (unless she is living apart from her husband) shall be indorsed on her husband's certificate; and the names and descriptions of females whose registration is included in that of the head of the family shall be indorsed on the certificate of the head of the family.

XV.-FOREIGNERS. FOREIGN TRIBUNALS.

117. Where a foreigner desires to institute or take any suit or Suits by

foreigners proceeding of a civil nature against a British subject, the Supreme or against British other Court, according to its jurisdiction, may entertain the same, and subjects. where any such suit of proceeding is entertained shall hear and determine it according to the provisions of this Order, and of the Rules made under it applicable in the case,-either by the Judge, Assistant Judge, Law Secretary, or proper Consular officer sitting alone (or with Assessors when the case so requires), or, if (in any case where a trial with a jury may be had under this Order) all parties desire, or the Court thinks fit to direct, a trial with a jury, then, but not otherwise, by the Judge, Assistant Judge, Law Secretary, or proper Consular officer, with a jury.

attendance of

tribunals.

118. Where it is shown to any of Her Majesty's Courts that the Compulsory attendance of a British subject to give evidence, or for any other purpose British subjects connected with the administration of justice, is required in a Chinese or before foreign Japanese Court, or before a Chinese or Japanese judicial officer, or in a Court or before a judicial officer in China or Japan of any State in amity with Her Majesty, the Court may, in cases and under circumstances which would require the attendance of that British subject before one of Her Majesty's Courts in China or Japan, and if it seems to the Court just and expedient so to do, make an order for the attendance of the British subject in such Court or before such judicial officer and for such purpose as aforesaid,--but so that a Provincial Court shall not have power to make an order for such attendance of a British subject at any place beyond the particular jurisdiction of the Court.

Any British subject duly served with such an order, and with reason- able notice of the time and place at which bis attendance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court making the order, shall 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.

XVI.-APPEAL TO SUPREME COURT.

1.—In Civil Cases.

to be obtained.

119. Where any decision of a Provincial Court, sitting with or without Leave to appeal Assessors, is given in a civil case in respect of a sum or matter at issue of the amount or value of 250 dollars or upwards, or determines, directly or indirectly, any claim or question respecting property of the amount or value of 250 dollars or upwards,―any party aggrieved by the decision may apply to the Provincial Court for leave to appeal to the Supreme Court, and shall be entitled to leave on the terms prescribed by the Rules made under this Order, and subject to any restrictions and exceptions therein contained.

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