Directory_and_Chronicle_1910 — Page 394

IN CHINA AND COREA

appeal or any of them, which the Supreme Court thinks fit to determine before final judgment is given in the appeal.

(3.) Generally, the Supreme Court shall, as among the parties to the appeal, have as full jurisdiction over the whole action as if it had been originally instituted and prosecuted in the Supreme Court by parties subject to the original jurisdiction of the Supreme Court.

(4.) The Supreme Court may, if it thinks fit, remit the action to the Prrvincial Court to be re-heard or to be otherwise dealt with as the Supreme Court directs.

(5.) The powers of the Supreme Court may be exercised notwith- standing that the appeal is brought against part only of the decision of the Provincial Court.

(6.) Those powers may be exercised in favour of all or any of the parties to the action, although they have not appealed from or complained of the decision.

Re-hearing in Supreme Court.

427

238. Where a final order has been made, an application for a re- Time for hearing in the Supreme Court shall he made within fourteen days after application for the making of the final order.

Security.

re-hearing.

bond.

Forms 89 and

239.-(1.) In all cases where a party proposes to give a bond by Security by way of security, he shall serve on the opposite party and on the Registrar at his office notice of the proposed sureties in the proper form; and the 90. Registrar shall forthwith give notice to both parties of the day and hour on which he proposes that the bond should be executed, and shall sate in the notice to the person in whose favour the security is given that he must at that time be prepared to make any valid objection he may have to the sureties or either of them.

(2.) The sureties shall make an affidavit of their sufficiency when- Form 91. ever the opposite party shall give notice that the same is required.

(3.) The bond shall be executed in the presence of the Court or of the Registrar, and shall be deposited with the Registrar until the cause is finally disposed of.

(4.) No officer of the Court shall, under any circumstances, become surety in any case where by the practice of the Court security is required.

240 Where a party makes a deposit of money in lieu of giving a Deposit in lieu bond, he shall forthwith give notice to the opposite party of such a deposit having been made.

of bond.

ensta y toreígu

241. When a foreign plaintiff has made a deposit or given security Security for for costs, he may give notice to the defendant, if successful, to tax costs, plaintiff. within a certain time to be named in such notice, being not less than seven clear days after judgment, and if the defendant fails, without good reason, to send in bis bill of costs for taxation by the time named in the notice, the deposit shall be returned to the plaintiff or the security cancelled.

But the return or cancellation shall not derogate from the right of the defendant to recover such costs from the plaintiff in such manner

be open to him.

as may

Costs.

costs.

242.-(1,) All costs shall be taxed by the Registrar subject to Taxation of revision by the Court.

(2.) On receipt of the bill of costs of the party entitled thereto the Registrar shall fix a day for taxation, and give notice thereof to the parties.