541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 26

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

(2.) Any decision of a Provincial Court may he given subject to a case to be stated by, or under the direction of, that Court for the opinion or direction of the Supreme Court.

95. Subject to the provisions of this Order and the Rules of Court, the costs of and incident to all proceedings in the Court shall be in the discretion of the Court, provided that if the action is tried with a jury the costs shall follow the event, unless the Court shall for good cause (to be entered in the Minutes) otherwise order.

Arbitration.

96.-(1.) Any agreement in writing between any British subjects or between. British subjects and foreigners to submit present or future differences to arbitration, whether an Arbitrator is named therein or not, may be filed in the Court by any party thereto, and, unless a contrary intention is expressed therein, shall be irre- vocable, and shall have the same effect as an order of the Court.

(2.) Every such agreement is in this Order referred to as a submission.

(3.) If any action is commenced in respect of any matter covered by a submission, the Court, on the application of any party to the action, may by order stay the action.

97.—(1.) In any action-

(a.) If all parties consent, or

(b.) If the matters in dispute consist wholly or partly of matters of account or require for their determination prolonged examination of documents, or any scientific or local examination,

the Court may at any time refer the whole action, or any question or issue arising therein, for inquiry and report, to the Registrar or any special Referee.

(2.) The Report of the Registrar or special Referee may be adopted wholly or partially by the Court, and if so adopted may be enforced as a judgment of the Court.

(3.) The Court may also in any case, with the consent of both parties to an action, or of any parties between whom any questions in the action arise (such consent being signified by a submission) refer the action or the portions referred to in the submission to arbitration, in such manner and upon such terms as it shall think reasonable or just.

(4.) In all cases of reference to a Registrar, special Referee, or Arbitrator, under any order of the Court, the Registrar, special Referee, or Arbitrator shall be deemed to be an officer of the Court, and shall have such powers and authority, and shall conduct the reference or arbitration in such manner as may be prescribed by any Rules of Court, and subject thereto as the Court may direct.

98. Subject to Rules of Court, the Court shall have authority to enforce any submission, or any award made thereunder, and to control and regulate the pro- ceedings before and after the award, in such manner and on such terms as the Court thinks fit.

Bankruptcy.

99. Each Court shall, as far as circumstances admit, have, for and within its own district, with respect to the following classes of persons being either resident in China or Corea, or carrying on business there, namely, resident British subjects and their debtors and creditors, being British subjects, or foreigners submitting to the jurisdiction of the Court, all such jurisdiction in bankruptcy as for the time being belongs to the High Court and the County Courts in England.