Directory_and_Chronicle_1898 — Page 273

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CHINA, JAPAN AND COREA ORDER IN COUNCIL, 1881

the application of the British subject, stay the enforcement of the other pending that other suit, and may set off any amount ordered to be paid by one party in ons 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 is co- defendants under the joint hability.

(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 make deposit or give security for costs, unless the Court so direct; but the co-plaintiff British subject is responsible for all fees and costs.

Chin se, Japanese, and Foreign Tribunals

48.-(a.) Where it is shown to the Supreme or other Court that the attendance of a British subject o give evidence, or for any other purpose connected with the administration o justice, is required in a Chinese or Japanese Court, or before a Chinese or Jpanese 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 and 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 very such offence, on conviction thereof, by summary trial, is liable to a fine not exceeding 8500, or in imprisonment for not exceeding one month, in the discretion of the Court.

The SCHEDULE to which the foregoing Order in Council refers,

I.Regulations male by Sir Rutherford Alcock, while Her Majesty's Minister in China, instituted or designated as Land Regulation, 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 Lad Regulations.

IL-Port, Consular, Customs, and Harbour regulations applicable to all the Treaty ports in China, dated 31st May, 1869.

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

Preamble.

Short Title.

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 jurisdi tion within China and Japan and the dominions of the King

of Corea:

Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and other- wise in Her vested, is pleased by and with the advice of Her Privy Council to order, and it is hereby ordered, as follows:-

1. This Order may be cited as the "China, Japan, and Corea Order in Council, 1884.”

2.-In this Order—

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