Directory_and_Chronicle_1905 — Page 345

H.B.M. SUBJECTS IN CHINA AND JAPAN

265

direct, a trial with a jury, then, but not otherwise, by the Judge, Assistant Judge, Law Secretary, or proper Consular officer, wi h a jury.

attendance of

tribunals.

118. When it is shown to any of Her Majesty's Court that the Compulsory attendance of a British subject to give evidence, or for any other purpose British subjects connected with the administration of justice, is required in a Chinese or before foreign 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 aforesaid, 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.

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, sit:ing with or without Leave to appeal Assessors, is given in a civil case in respect of a sum or matter at issue of to be obtained. the amount or value of 250 dollars er 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 may, 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

question of law

120. Where any person is convicted otherwise than in a summary way on conviction of a crime or offence the Court or Officer trying the case may, if it seems fit, on indictment, reserve for the consideration of the Supreme Court any question of law may be reserved, arising on trial.

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 On summary offence, and is dissatisfied with the conviction as being erroneous in point conviction

appeal on point of law, the Court or Officer trying the case may, on his application in writing, of law to lie. and on compliance by him with any terms prescribed by the Rules made under this Order, state 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.

execution.

122. Where a special case is stated, the Court or Officer stating it shall, Postponement as seems fit, either postpone judgment on the conviction, or respite execution judgment or of the judgment, aad 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 Authority of and thereupon shall reverse, affirm, or amend the judgment, conviction Supreme Court,

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UNIVERSITY OF MICHIGAN