Directory_and_Chronicle_1925 — Page 402

342 THE CHINA AND COREA (AMENDMENT) ORDER IN COUNCIL, 1907

kong, he shall, on his arrival there, be delivered, with the warrant under which he is deported, into the custody of a Magistrate of Police at Hongkong, who, on receipt of the person deported and of the warrant, shall detain him, and shall forthwith report the case to the Governor of Hongkong, who shall, by warrant, cause the person so deported to be detained in custody until a convenient opportunity occurs for sending him to the place to which he has been deported, and shall then send him to that place.

7. Where a case is stated under Article 85 of the Principal Order, the Judge shall have power, save where the case has been stated by himself, to order that it shall be heard and determined in the manner provided by Article 86 by himself alone, instead of by the Full Court.

8. The following Article shall be substituted for Article 108 of the Principal Order:-

If any person named executor in a will takes possession of and administers or otherwise deals with any part of the property of deceased, and does not obtain probate within one month after the death or after the termination of any proceedings respecting probate or administration, he shall be liable to pay double the amount of any fees chargeable on obtaining probate, and he shall also be liable to a fine not exceeding one hundred pounds.

9. Article 112 of the Principal Order shall be amended by the substitution of the sum of one hundred pounds for the sum of fifty pounds therein mentioned.

10. Any person desirous of levying a distress for rent may apply to the Court to appoint a bailiff to levy such distress, and the Court may thereupon, and upon the applicant giving sufficient security to answer for any misconduct on the part of such bailiff, appoint a person to act as bailiff to levy such distress.

11. The following Articles shall be substituted for Article 114 of the Principal Order :-

(1) Any party to an action in the Supreme Court, other than an Admiralty action, or to an appeal to the Supreme Court, aggrieved by the decision of that Court or by the verdict of a jury, may move the Supreme Court to re-hear such action or appeal.

(2) The motion shall be heard by the Full Court unless the Judge of the Supreme Court otherwise orders.

(3) On such motion the Supreme Court may make any order that may be made by the Court of Appeal in England in the exercise of its ordinary appellate jurisdiction.

(4) An application for a rehearing shall be made within the prescribed time. 12. The following provision shall be substituted for Article 151 (1) of the Principal Order :-

(1) Where a foreigner desires to institute or take in the Court an action against a British subject, or a British subject desires to institute or take in the Court an action against a foreigner, the Court shall entertain the same, and the action shall be heard and determined either by the Judge sitting alone or, if all parties consent or the Court so directs, with a jury or assessors, but in all other respects according to the ordinary procedure of the Court.

13. The following provision shall be substituted for Article 155 (3) of the Order :-

Any person committing a breach of any such Regulations shall, on conviction, be liable to the punishment, forfeiture, or fine therein prescribed, or, if no such punishment or fine is prescribed, he shall be liable, on conviction, to imprisonment, with or without hard labour, for a period not exceeding three months, or to a fine, or to both. Regulations imposing penalties shall be so framed as to allow in every case of part only of the highest penalty being imposed.