Directory_and_Chronicle_1896 — Page 234

194

ORDER IN COUNCIL

Punishment for

155. If any British subject wilfully obstructs, by act or threat, an obstructions or cfficer of a Court in the performance of his duty,-

disturbance of

Court.

Misconduct of

Or within or close to the room or place where a Court is sitting wilfully ehaves in a violent, threatening, or disrespectful manner, to the distur ance of the Court, or the terror of the suitors or others resorting thereto,-

Or wilfully insults the Judge, Assistant Judge, or Law Secretary of the Supreme Court, or any Consular Officer, or any Juror or Assessor, or any

clerk or officer of a Court during his sitting or attendance in Court or in going to or returning from Court,-

He shall be liable to be immediately ap: rehended by order of the Court, and to be detained until the rising of the Court, and further, on due inquiry and consideration, to be punished with a fine not exceeding 25 collars, or imprisonment for any term not exceeding seven days, at the dis- cretion of the Court, according to the nature and circumstances of the case. A minute shall be made and kept of every such case of punishment, recording the facts of the offence and the extent of the punishment, and in the case of a Provincial Court a copy of such minute shall be forthwith cent to the Supreme Court.

156. If any clerk or officer of a Court acting under pretence of the officers of Court process or authority of the Court is charged with extortion or with not duly paying any money levied, or with other misconduct, the Court may (without prejudice to any other liability or punishment to which the clerk or officer would in the absence of the resent provision be liable) enquire into the charge in a summary way, and for that purpose summon and enforce the attendance of all necessary persons in like manner as the attendance of witnesses and others may be enforced in a suit, and make such order thereupon for the repayment of any money extorted or for the due payment of any money levied, and for the payment of such damages and costs as the Court thinks just; and the Court may also, if it thinks fit, impose such fine upon the clerk or officer, not exceeding 50 dollars for each offence, as seems just.

Order for re- payment.

Fine.

Suits for things done under Order.

Backing of

warrant or order.

157. Any suit or proceeling shall not be commenced in any of Her Majesty's Courts in China or Japan, or in any Court of Hongkong, against any person for anything done or omitted in pursuance or execution or intended execution of this Order, or of any Regulation or Rule made under it, unless notice in writing is given by the intending plaintiff or prosecutor to the intended defendant one month at least before the commencement of the suit or proceeding, nor unless it is commenced within three months next after the act or omission complained of, or, in case of continuation of damages, within three months next after the doing of such damages has ceased.

The plaintiff in any suit shall not succeed if tender of sufficient amends is made by the defendant before the commencement thereof; and if no tender is made, the defendant may, by have of the Court, at any time pay into Court such sum of money as he thinks fit, whereupon such proceeding and order shall be bad and made in and by the Court as may be had and made on the payment of money into Court in an ordinary suit.

XX. HONGKONG.

158. Where a warrant or order of arrest is issued by any of Her Majesty's Courts in China or Japan for the apprehension of a British subject, who is charged with having committed a crime or offence within the jurisdiction. of the Court issuing the warrant or order, and who is or is supposed to be in Hongkong, and the warrant or order is produced to any of Her Majesty's Justices of the Peace in and for Hongkong, such Justice may back the warrant or order, and the same when so backed shall be sufficient authority to the person to whom the warrant or order was originally