Directory_and_Chronicle_1905 — Page 347

Directories & Chronicles 香港指南 All

H.B.M. SUBJECTS IN CHINA AND JAPAN

267

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 Revocation of Judge of the Supreme Court under this Order, all Rules and Regulations existing Bules, 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.

XVIII.—Appeal to Her Majesty IN COUNCIL

euses involving

131. Where any final decree or order of the Supreme Court is made Appeal on in a civil case in respect of a sum or matter at issue of the amount or value question of law

from Supreme of 2,500 dollars or upwards,—or determines directly or indirectly any claim Court in Civil or question respecting property of the amount or value of 2,500 dollars or 1,500 dollars or upwards, any party aggrieved by the decree or order may, within fifteen upwards. days after the same is made, apply by motion to the Supreme Court for leave to appeal to Her Majesty in Council.

132. If leave to appeal is applied for by a party adjudged to pay money Execution or or perform a duty, the Supreme Court shall direct either that the decree suspension, 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.

execution,

133. If the Court directs the decree or order to be carried into execu- Security on 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 security on suspended pending the appeal, the party against whom the decree is made suspension. 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 Security on satisfaction of the Court to an amount not exceeding 2,500 dollars for the appeal. 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 Leave to appos 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 Leave in other Supreme Court may give leave to appeal on the terms and in the manner casca. aforesaid if it consider it just or expedient to do so.

138. In every case where leave to appeal is given as aforesaid, the Liberty to appellant shall be at liberty to prefer and prosecute his appeal to Her "ppeal accord-

ingly. 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 Saving for other rights of appeal. 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 Appeal on is given, made, or passed in the exercise of either original or appellate question of law

from Supreme criminal jurisdiction, the party charged with the crime or offence, if he Court in considers the judgment, order, or sentence to be erroneous in point of law criminal cases,

Google

Original from

UNIVERSITY OF MICHIGAN

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.