Directory_and_Chronicle_1900 — Page 264

Revocation of

204

ORDER IN COUNCIL

be for all purposes conclusive evidence of the due framing, approval, and publication of the contents thereof.

130. From and after the commencement of any Rules made by the existing Rules. Judge of the Supreme Court under this Order, all Rules and Regulations theretofore made by the Chief Superintendent of Trade in China, or by Her Majesty's Consul-General in Japan, in respect of any matter in respect whereof the Judge of the Supreme Court is by this Order authorised to make Rules, shall cease to operate.

Appeal on

from Supreme Court in Civil cases involving 3,600 dollars or upwards,

XVIII.-APPEAL TO HER MAJESTY IN COUNCIL

131. Where any final decree or order of the Supreme Court is made question of law in a civil case in respect of a sum or matter at issue of the amount or value of 2,500 dollars or upwards,—or determines directly or indirectly any claim or question respecting property of the amount or value of 2,500 dollars or upwards,--any party aggrieved by the decree or order may, within fifteen days after the same is made, apply by motion to the Supreme Court for leave to appeal to Her Majesty in Council.

Execution or suspension.

Security on execution.

Becurity on suspension.

Becurity on appeal.

Leave to appeal

Leave in other

CROCS,

Liberty to appeal accord- ingly.

Saving for other rights of appeal.

Appeal on

from Supreme

132. If leave to appeal is applied for by a party adjudged to pay money or perform a duty, the Supreme Court shall direct either that the decree or order appealed from be carried into execution, or that the execution thereof be suspended, pending the appeal, as the Court considers to be in accordance with substantial justice.

133. If the Court directs the decree or order to be carried into execu. tion, the party in whose favour it is made shall, before the execution of it, give security to the satisfaction of the Court for the due performance of such order as Her Majesty in Council may think fit to make.

134. If the Court direct the execution of the decree or order to be suspended pending the appeal, the party against whom the decree is made shall, before any order for suspension or execution, give security to the satisfaction of the Court for the due performance of such order as Her Majesty in Council may think fit to make.

135. In all cases security shall also be given by the appellant to the satisfaction of the Court to an amount not exceeding 2,500 dollars for the prosecution of the appeal, and for payment of such costs as may be awarded to any respondent by Her Majesty in Council, or by the Lords of the Judicial Committee of Her Majesty's Privy Council.

136. If the last-mentioned security is given within one month from the filing of motion paper for leave to appeal, then and not otherwise the Supreme Court may give leave to appeal.

137. In any cases other than the cases hereinbefore described the Supreme Court may give leave to appeal on the terms and in the manner aforesaid if it consider it just or expedient to do so.

138. In every case where leave to appeal is given as aforesaid, the appellant shall be at liberty to prefer and prosecute his appeal to Her Majesty in Council according to the rules for the time being in force respecting appeals to Her Majesty in Council from her colonies, or such other rules as Her Majesty in Council from time to time thinks fit to make concerning appeals from the Supreme Court.

139. Nothing in this Order shall affect the right of Her Majesty at any time, on the humble petition of a party aggrieved by a decision of the Supreme Court in a civil case, to admit his appeal thereon on such terms and in such manner as Her Majesty in Council may think fit, aud to deal with the decision appealed from in such manner as may be just.

140. Where any judgment, order, or sentence of the Supreme Court question of law is given, made, or passed in the exercise of either original or appellate criminal jurisdiction, the party charged with the crine or offence, if he considers the judgment, order, or sentence to be erroneous in point of law

Court in

criminal cases.