Directory_and_Chronicle_1931 — Page 339

THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913

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instance of the opposite party, inquire into any unnecessary prolixity in the Case, and shall disallow the costs occasioned thereby.

42. Where the Judicial Committee directs a party to bear the costs of an Appeal incurred in China, such costs shall be taxed by the proper officer of the Supreme Court in accordance with the rules for the time being regulating taxation in the Supreme Court.

43. The Supreme Court shall execute any Order which His Majesty in Council may think fit to make on an Appeal from a judgment of the Supreme Court in like manner as any original judgment of the Supreme Court should or might have been executed.

CONSULAR REGISTERS OF COMPANIES

44. A register of companies incorporated or registered in the United Kingdom or in any British possession and carrying on business in China shall be kept in the office of every Consulate in China.

45. The Consulate at which companies shall be registered shall be that in the district of which their chief local office is situated, or their business is chiefly carried on, and notice shall be given at the Consulate of any other district in which the com pany is also carrying on business as to the place at which the company is so registered.

46. On the registration of a company at a Consulate there shall be deposited and filed in the office of the Consulate a copy of the certificate of incorporation of the company, or other document corresponding thereto, a copy of the memorandum and articles of association or other documents corresponding thereto, a statement showing the nominal capital of the company, and the amounts thereof which have been subscribed and paid up respectively, and, if the company has been incorporated under a law which provides for the periodical filing of a list of the shareholders, a copy of the last list so filed.

47. The consular officer shall, on the registration of a company at the Consulate, issue to the person making the registration a certificate, signed and sealed with the consular seal, that the company has been so registered.

48.-(1) Every company registered under this Order shall register the name and address of the manager or other chief local representative in China, and shall from time to time, as may be necessary, register any alteration of the representative of the company or in his address. Names and addresses so registered shall be open to the inspection of the public.

(2) Rules of Court made under Article 119 of the Principal Order may provide that service of writs, notices, or other documents upon the person registered under this Article, or at his address, shall be good service of such documents upon the

company.

49. Registration of a company under this Order shall not require to be renewed annually, but may be renewed from time to time as the parties may desire, and must be renewed when any change takes place in the name of the company.

50. On every registration of a company under this Order, and on every renewal thereof, there shall be payable a fee of £1, and on every registration under Article 41 there shall be payable a fee of 28.

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--(1) A company shall not be entitled to be recognized or protected as a British company unless it is registered under this Order, but shall, although not so registered, be subject to the jurisdiction of His Majesty's Courts in China.

(2) Nothing in this Article shall affect the right of the Secretary of State to direct that British protection shall not be accorded to a company, even though it has been registered under this Order.

ORDERS OF A Court oF CONSULS

52.-(1) Where by agreement among the diplomatic representatives in China of foreign States, Regulations have been, or are, made for the establishment, control or procedure of a Court of Consuls, or other like Court, to deal with disputes or suits