Directory_and_Chronicle_1902 — Page 311

Saving for prerogative of pardon.

Saving for

powers.

208

ORDER IN COUNCIL

may appeal therefrom to Her Majesty in Council, provided that the Supreme Court declares the case to be a fit one for such appeal, and that the appellant complies with such conditions as the Supreme Court establishes or requires, subject always to such rules as from time to time Her Majesty in Council thinks fit to make in that behalf.

XIX. GENERAL PROVISIONS

141. Nothing in this Order shall be deemed to affect Her Majesty's prerogative of pardon.

142. Except as in this Order expressly provided, nothing in this Order general Consular shall preclude any of Her Majesty's Consular Officers in China or in Japan from performing any act not of a judicial character that Her Majesty's Consular Officers there might by law or by virtue of usage, or sufferance, or otherwise have performed if this Order had not been made. 143. Every of Her Majesty's Consular Officers shall, as far as there is before litigation. proper opportunity, promote reconciliation, and encourage and facilitate the settlement in an amicable way, and without recourse to litigation, of matters in difference between British subjects in China or in Japan.

Reconciliation

Presumption 25 to signatures and seals.

Minutes of proceedings.

Costs in civil

cases.

Witnesses:

144. Every signature or seal affixed to any instrument purporting to be the signature of the Judge of the Supreme Court, or of any officer or person acting under this Order, or to be the seal of any of Her Majesty's Courts in China or in Japan, shall for all purposes under this Order, without any proof thereof, be presumed to be genuine, and shall be taken as genuine until the contrary is proved.

145. In every case. civil or criminal, heard in any Court, proper minutes of the proceedings shall be drawn up, and shall be signed by the Judge or Officer before whom the proceedings are taken, and sealed with the seal of the Court, and shall, where Assessors are present, be open for their inspection and for their signature if concurred in by them.

The minutes, with depositions of witnesses and notes of evidence taken at the trial, by the Judge or Officer, shall be preserved in the public office of the Court.

146. In a civil case any Court may order such cost or costs, charges, and expenses as to the Court seem reasonable, to be paid by any party to the proceeding, or out of any fund to which the proceeding relates.

147. Any Court, either of its own motion, or, in civil cases, on the British subjects, application of any party to any suit or proceeding or reference, may summon as a witness any British subject in China or in Japan,-but so that a Provincial Court shall have power so to summon British subjects in its own district only.

Expenses of witnesses in Civil cases.

Examination on oath,

Perjury,

Enforcing pay- ment of costs,

penalties, and

other moneys.

Any British subject, duly served with such a summons, and with reasonable 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, shall over and above any other liability to which he may be subject, 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.

148. In civil cases any Court may, where the circumstances appear to justify it, order that the expenses of a witness, on his appearing to give evidence, shall be defrayed by the parties or any of them.

149. Any person appearing before a Court to give evidence in any case, civil or criminal, may be examined or give evidence on oath in the form or with the ceremony that he declares to be binding on his conscience.

150. Any British subject wilfully giving false evidence in any suit or proceeding, civil or criminal, or on any reference, shall, on conviction thereof. be deemed guilty of wilful corrupt perjury.

151. All costs and all charges and expenses of witnesses. prosecutions, punishments and deportations, and other charges and expenses, and all fees, fines, forfeitures, and pecuniary penalties payable under this Order,

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