Directory_and_Chronicle_1920 — Page 372

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Expenses of removal.

Application of enactments ag to evidence.

-The following Acts, namely.

Protection of

ORDERS IN COUNCIL

or other person, or the ship or the commander or master thereof, is named therein or not), to receive, detain, take, and deliver up such person, according to the writ, order, or warrant.

Where the writ, order, or warrant is executed under the immediate direction of the Court or authority issuing it, the writ, order or warrant shall be delivered to the constable, officer, or other person acting there- under, and a duplicate thereof shall be delivered to the commander or master of any ship in which the person to whom the writ, order, or warrant relates is embarked.

Where the writ, order, or warrant issues from the Supreme Court, and is executed by a Provincial Court, a copy thereof certified under the seal of the Court executing the same shall be delivered to the constable, officer, or other person acting thereunder, and to the commander or master of any ship in which the person taken is embarked; and any such copy shall be for all purposes conclusive evidence of the order of which it purports to be a copy.

124. Subject to the other provisions of this Order, all expenses of removal of prisoners and others from or to any place in China or Corea, or from or to Hongkong, and the expenses of deportation and of the sending of any person to England, shall be defrayed in such manner as the Secretary of State from time to time directs.

Any master of a British ship when required shall be bound to take such persons for a reasonable remuneration, to be determined by a Judge of the Supreme Court, and in case of non-compliance shall be liable to a penalty not exceeding £50.

125. The following Acts, namely:

The Foreign Tribunals Evidence Act, 1856; The Evidence by Commission Act, 1859; The Evidence by Commission Act, 1885;

or so much thereof as is for the time being in force, and any enactment for the time being in force amending or substituted for the same, are hereby extended to China and Corea, with the adaptation following, namely:

In the said Acts the Supreme Court is hereby substituted for a

Supreme Court in a Colony.

126. The following Acts, namely:-

The British Law Ascertainment Act, 1859; The Foreign Law Ascertainment Act, 1861 ;

or so much thereof as is for the time being in force, and any enactment for the time being in force amending or substituted for the same, are hereby extended to China and Corea, with the adaptation following, namely

In the said Acts the Supreme Court is hereby substituted for a

Superior Court in a Colony.

127. The Public Authorities Protection Act, 1893, shall extend and public officers. apply to China and Corea, as if China and Corea were therein mentioned in place of the United Kingdom, and as if this Order and any other Order relating to China or Corea, and any Regulations or Rules made under any such Order were therein referred to, in addition to any Act of Parliament.

Evidence by Commission.

128. The Supreme Court may, if it thinks fit, order that a Com- mission do issue for examination of witnesses at any place out of China and Corea on oath, by interrogatories or otherwise, and may by order give such directions touching the time, place, and manner of the examina- tion, or anything connected therewith, as to the Court appear reasonable and just.