541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 31

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

for the time being in force respecting appeals to His Majesty in Council from His Colonies, or such other rules as His Majesty in Council from time to time thinks fit to make concerning appeals from the Supreme Court.

(5.) In any case the Supreme Court, if it considers it just or expedient to do so, may give leave to appeal on the terms and in the manner aforesaid.

appeal.

1317

116. (1.) Where leave to appeal to His Majesty in Council is applied for Execution by a person ordered to pay money or do any other act, the Supreme Court shall pending direct either that the order appealed from be carried into execution, or that the execution thereof be suspended pending the appeal, as the Court thinks just.

(2.) If the Court directs the order to be carried into execution, the person in whose favour it is made shall, before the execution of it, give security to the satisfaction of the Court for performance of such Order as His Majesty in Council may think fit to make.

(3.) If the Court directs the execution of the order to be suspended, the party against whom it is given shall, before an order for suspension is made, give security to the satisfaction of the Court for performance of such Order as His Majesty in Council may think fit to make.

117. This Order shall not affect the right of His Majesty in Council at any Appeal by time, on the humble petition of a person aggrieved by a decision of the Supreme special leave. Court, to admit his appeal thereon on such terms and in such manner as His Majesty in Council may think fit, and to deal with the decision appealed from in such manner as may be

just.

PART V.

PROCEDURE, CRIMINAL AND CIVIL.

118.—(1.) In every case, civil or criminal, Minutes of the proceedings shall Minutes of be drawn up, and shall be signed by the Judge before whom the proceedings are proceedings. taken, and shall, where the trial is held with assessors, be open for their inspection and for their signature if concurred in by them.

(2.) These Minutes, with the depositions of witnesses, and the notes of evidence taken at the hearing or trial by the Judge, shall be preserved in the public office of the Court,

119. The Judge of the Supreme Court may make Rules of Court-

(a.) For regulating the pleading, practice and procedure in the Courts esta- blished under this Order with respect to all matters within the jurisdic- tion of the respective Courts ;

(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;

Rules of Court,