Directory_and_Chronicle_1904 — Page 347

Execution of writs, &c., from Hongkong.

Protection of Consular Officers.

Courts to be auxiliary.

Report by Provincial to

234

ORDER IN COUNCIL

44. Any of Her Majesty's Courts in China or in Japan may execute any writ, order, or warrant issuing from the Supreme Court of Hongkong and accompanied by a request for such execution in writing under the seal of that Court; and may take security from any person named in any such writ, order, or warrant for his appearance personally, or by attorney, at Hongkong; or may cause any such person to be taken in custody, or other- wise, to Hongkong, according to the writ, order, or warrant.

45. Any of Her Majesty's judicial or Consular Officers shall not be liable to action for the escape of any person taken under any writ, order, or warrant of the Supreme Court of Hongkong.

46. Her Majesty's several Courts in China and Japan shall be auxiliary to one another in all particulars relative to the administration of justice, civil or criminal.

47. Each Provincial Court shall every six months furnish to the Supreme Court. Supreme Court for China and Japan a report respecting every case, civil and criminal, brought before it, in such form as the Judge of the Supreme Court from time to time directs.

Settlemat of litigation.

Reference to arbitration by Court.

Reference to arbitration made rule of Court.

Law and Equity.

Bankruptcy.

Coroner.

II.-In Civil Matters

RECONCILIATION AND ARBITRATION

48. Every Court may promote reconciliation, and encourage and facilitate the settlement in any amicable way of any suit or proceeding pending before it.

49. A Court may, with the consent of the parties, refer to arbitration the final determination of any suit or proceeding pending before it, or of all matters in reference between the parties, on such terms and with such directions as to appointment of arbitrator and other things as may seem fit, and may, if it think fit, take from the parties, or any of them, security to abide by the result of the reference.

In any such case the award shall be final and conclusive.

On the application of any party a decree of the Court may be entered in conformity with the award, and such decree shall not be open to any appeal or re-hearing whatever.

50. Every agreement for reference to arbitration, or submission to arbitration, by consent, may on the application of any party, be made a rule of a Court having jurisdiction in the matter of the reference or submission, which Court shall thereupon have power and authority to enforce the agreement or submission and the award made thereunder, and to control and regulate the proceeding before and after the award in such manner and on such terms as may be just.

General Authorities of Courts

51. The Supreme and every other Court shall be a Court of Law and Equity.

Special Authorities of Courts

52. The Supreme and every other Court shall be a Court of Bank- ruptcy, and as such shall, as far as circumstances admit, have (as to a Provincial Court, for and within its own district), with respect to British subjects and to their debtors and creditors, being either British subjects or foreigners submitting to the jurisdiction of the Court, all such juris- diction as for the time being belongs to the Court of Bankruptcy and the County Courts in England, or to any other judicial authority having for the time being jurisdiction in Bankruptcy in England.

53. The Supreme and every other Court shall (as to a Provincial Court, for and within its own district) have and discharge all the powers, rights, and duties appertaining to the office of Coroner in England- summoning when necessary a jury of not less than three persons com- prised in the jury list of the Court.