Directory_and_Chronicle_1906 — Page 399

IN CHINA AND COREA

If the Court directs the execution of the decision to be suspended pending the appeal, the person against whom the decision is given shall, before any order for suspension of execution, give security to the satisfac- tion of the Court for the due performance of such order as the Supreme Court may make.

In all cases security shall also be given by the appellant to the satisfaction of the Court, to an amount not exceeding 250 dollars, for the prosecution of the appeal, and for payment of all fees and charges in the Court below and in the Supreme Court, and of all such costs as may

be awarded to any respondent by the Supreme Court.

If the last-mentioned security is given within fourteen days after Leave to motion made for leave to appeal, then, and not otherwise, the Court below appeal, when. shall give leave to appeal, and the appellant shall be at liberty to prefer and prosecute his appeal accordingly.

In any case other than the case hereinbefore described, the Court below, if it considers it just or expedient (for reasons to be recorded in the minutes of proceedings) to do so, may give leave to appeal on the terms and in the manner aforesaid.

156. Where there are more plaintiffs than one an appeal cannot be prosecuted except by all the plaintiffs jointly.

Where there are more defendants than one, any one or more of them may prosecute an appeal separately; but defendants severing in appeal do so at the risk of costs if the severance is improper.

Appeal by plaintiffs;

by defendants.

157. The Supreme Court may require any party to an appeal to appear Personal personally before it on the hearing of the appeal, or on any occasion appearance. pending the appeal; otherwise personal appearance shall not be requisite.

158. It is not open, as of right, to any party to an appeal to adduce Evidence. new evidence in support of his original case; but a party may allege any facts essential to the issue that have come to his knowledge after the decision of the Court below, and adduce evidence in support of such allegations; and for the furtherance of justice the Supreme Court may, where it thinks fit, allow or require new evidence to be adduced.

159. The Court below shall not, except for some special cause, take Original upon itself the responsibility of the charge or of the transmission to the documents Supreme Court of original letters or documents produced in evidence in the suit.

Such original letters and documents shall be returned to the respective parties producing the same, and only copies thereof duly certified shall be transmitted in the appeal record.

The respective parties must, however, be prepared to produce the originals, if required by the Supreme Court, before or at the hearing of the appeal.

Limitation of

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160. After the expiration of six months from the date of a decree or order, leave to appeal against it shall not be given by a Provincial Court, time for appeal.

Application for leave to appeal must in that case be made to the Supreme Court, which shall grant such leave if, on consideration of all the circumstances of the case, it appears just and expedient that an appeal should be allowed, but not otherwise, and may impose such terms as to security and other things as seem just.

161. The foregoing Rules apply to suits for 250 dollars or upwards, Application of with respect to which a right of appeal is given by the Order in Council foreign Rulers. under which these Rules are framed, and shall also be applied, as far as may be mutatis mutandis in cases where special leave to appeal is applied

for to a Provincial or to the Supreme Court.

162 An appeal from a decree or order made at the hearing of a Appeal, petition. suit shall be made by petition.

Other appeals shall be made by motion.

Motion.

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