202
ORDER IN COUNCIL
Compulsory attendance of
tribunals,
direct, a trial with a jury, then, but not otherwise, by the Judge, Assistant Judge, Law Secretary, or proper Consular officer, with a jury.
118. When it is shown to any of Her Majesty's Court that the British subjects 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 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 aforesa d, 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.
Leave to appeal to be obtained.
On conviction
on indictment,
Any British subject duly served with such an order, and with reason- able 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 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 discre- tion of the Court.
XVI. APPEAL TO SUPREME COURT
1.-In Civil Cases
119. Where any
decision of a Provincial Court, siting with or without 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.
In any other case the Provincial Court nay, if it seems just and expedient, give leave to appeal on like terms.
In any case the Supreme Court may give leave to appeal on such terms as seem just.
2.—Criminal Cases
120. Where any person is convicted otherwise than in a summary way of a crime or offence the Court or Officer trying the case may, if it seems fit. y be reserved. reserve for the consideration of the Supreme Court any question of law
arising on trial.
question of law
On summary conviction
appeal on point of law to lie,
Postponement of judgment or execution.
The Court or Officer shall then state a special case, setting out the question reserved, with the facts and circumstances on which it arose, and shall send the case to the Supreme Court.
121. Where any person is convicted in a summary way of a crime or offence, and is dissatisfied with the conviction as being erroneous in point of law, the Court or Officer trying the case may, on his application in writing, and on compliance by him with any terms prescribed by the Rules made under this Ord r, stare a special case, setting out the facts and the grounds of the conviction, for the opinion of the Supreme Court, and send it to
that Court.
122. Where a special case is stated, the Court or Officer stating it shall, as seems fit, either postpone judgment on the conviction, or respite exe ution of the judgment, and either commit the person convicted to prison, or take proper security for him to appear and receive judgment or render himself in execution (as the case may require) at an appointed time and place.
123. The Supreme Court shall hear and determine the matter Supreme Court. and thereupon shall reverse, affirm, or amend the judgment, conviction
Authority of
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