Directory_and_Chronicle_1926 — Page 386

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Power to dispense with payment of Court fees.

ORDERS IN COUNCIL

(b) For regulating the means by which particular facts may be

proved in the said Courts;

(c) For prescribing any forms to be used;

(d) For prescribing or regulating the duties of the officers of the

said Courts;

(e) For prescribing scales of costs and regulating any matters in

connection therewith;

(ƒ) For prescribing and enforcing the fees to be taken in respect of any proceedings under this Order, not exceeding, as regards any matters provided for by the Consular Salaries and Fees Act, 1891, fees fixed and allowed from time to time by any Order in Council made under that Act;

(g) For prescribing the allowances to be made in criminal cases to complainants, witnesses, jurors, assessors, interpreters, medical practitioners, and other persons employed in the administration of Justice and the conditions upon which an order may be made by the Court for such allowances;

(h) For taking and transmitting depositions of witnesses for use at

trials in a British possession or in the United Kingdom;

(i) For regulating the mode in which legal practitioners are to be admitted to practise as such, and for withdrawing or suspending the right to practise on grounds of misconduct, subject to a right of appeal to His Majesty in Council.

Where under any Act of Parliament which is applicable to China and Corea, Rules may or are required to be made in England by the Lord Chancellor or any Judicial authority, the powers of this Article shall include a power to make such Rules for the purposes of that Act so far as applicable.

Rules framed under this Article shall not have effect until approved by the Secretary of State and, so far as they relate to fees and costs, sanctioned by the Treasury; but in case of urgency declared in any such Rules with the approval of His Majesty's Minister, the same shall have effect unless and until they are disapproved by the Secretary of State and notification of such disapproval is recorded and published by the Judge of the Supreme Court.

Until such rules have been made, or in relation to matters to which they do not extend, a Court may adopt and use any procedure or forms heretofore in use in the Consular Courts in China or Corea, or any Regulations or Rules made thereunder and in force immediately before the commencement of this Order, with any modificatious or adaptations which may be necessary.

the

120.—(1) The Court may, in any case, if it thinks fit, on account of poverty of a party, or for any other reason, to be recorded in the Minutes, dispense with or remit the payment of any fee in whole or in part.

(2) Payment of fees payable under any Rules to be made in pur- suance of this Order, and of costs and of charges and expenses, of witnesses, prosecutions, punishments, and deportations and of other charges and expenses, and of fines respectively payable under this Order, may be enforced under order of the Court by seizure and sale of goods, and on default of sufficient goods, by imprisonment as a civil prisoner for a term not exceeding one month, but such imprisonment shall not operate as a satisfaction or extinguishment of the liability.

(3) Any bill of sale or mortgage, or transfer of property made with a view of avoiding seizure or sale of goods or ship under any provision of this Order, shall not be effectual to defeat the provisions of this Order.

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