THE HONGKONG GOVERNMENT GAZETTE, 17TH JUNE, 1865.
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Rules framed by the Judge shall not have effect unless and until they are approved by one of Her Majesty's Principal Secretaries of State,-save that in case of urgency declared in any Rules framed by the Judge, with the approval of Her Majesty's Minister in China, the same shall have effect, unless and until they are disapproved by one of Her Majesty's Principal Secretaries of State, and notification of such disapproval is received and published by the Judge.
128. A Copy of the Rules for the time being in force shall be kept exhibited conspicuously in each Court and Consulate in China and Japan.
Printed copies shall be provided and sold at such reasonable price as the Judge of the Supreme Court from time to time
directs.
No penalty shall be enforced in any Court for the breach of any Rule until the Rule has been so exhibited in the Court for one month.
129. A printed copy of any Rule, purporting to be certified under the hand of the Judge of the Supreme Court and the seal of that Court, shall be for all purposes conclusive evidence of the due framing, approval, and publication of the contents thereof.
130. From and after the commencement of any Rules made by the Judge of the Supreme Court under this Order, all Rules and Regulations theretofore made by the Chief Superintendent of Trade in China, or by Her Majesty's Consul-General in Japan, in respect of any matter in respect whereof the Judge of the Supreme Court is by this Order authorized to make Rules shall cease to operate.
XVIII-APPEAL TO HER MAJESTY IN COUNCIL.
131. Where any final decree or order of the Supreme Court is made in a civil case in respect of a sum or matter at issue of the amount or value of 2,500 dollars or upwards,- —or determines directly or indirectly any claim or question respecting property of the amount or value of 2,500 dollars or upwards, -any party aggrieved by the decree or order may within fifteen days after the same is made, apply by motion to the Supreme Court for leave to appeal to Her Majesty in Council.
132. If leave to appeal is applied for by a party adjudged to pay money or perform a duty, the Supreme Court shall direct either that the decree or order appealed from be carried into execution, or that the execution thereof be suspended, pending the appeal, as the Court considers to be in accordance with substantial justice.
133. If the Court directs the decree or order to be carried into execution, the party in whose favour it is made shall, before the execution of it, give security to the satisfaction of the Court for the due performance of such order as Her Majesty in Council may think fit to make.
134. If the Court directs the execution of the decree or order to be suspended pending the appeal, the party against whom the decree is made shall, before any order for suspension of execution, give security to the satisfaction of the Court for the due performance of such order as Her Majesty in Council may think fit to make.
135. In all cases security shall also be given by the appellant to the satisfaction of the Court to an amount not exceeding 2,500 dollars for the prosecution of the appeal, and for payment of all such costs as may be awarded to any respondent by Her Majesty in Council, or by the Lords of the Judicial Committee of Her Majesty's Privy Council.
136. If the last-mentioned security is given within one month from the filing of the motion-paper for leave to appeal, then, and not otherwise, the Supreme Court shall give leave to appeal.
137. In any case other than the cases herein-before described, the Supreme Court may give leave to appeal on the terms and in the manner aforesaid if it considers it just or expedient to do so.
138. In every case where leave to appeal is given as aforesaid, the appellant shall be at liberty to prefer and prosecute his appeal to Her Majesty in Council according to the rules for the time being in force respecting appeals to Her Majesty in Council from Her Colonies, or such other rules as Her Majesty in Council from time to time thinks fit to make concerning appeals from the Supreme Court.
139. Nothing in this Order shall affect the right of Her Majesty at any time, on the humble petition of a party aggrieved by a decision of the Supreme Court in a civil case, to admit his appeal thereon on such terms and in such manner as Her Majesty in Council may think fit, and to deal with the decision appealed from in such manner as may be just.
140. Where any judgment, order, or sentence of the Supreme Court is given, made, or passed in the exercise of either original or appellate criminal jurisdiction, the party charged with the crime or offence, if he considers the judgment order, or sentence to be erroneous in point of law, may appeal therefrom to Her Majesty in Council, provided that the Supreme Court declares the case to be a fit one for such appeal and that the appellant complies with such conditions as the Supreine Court establishes or requires, subject always to such rules as from time to time Her Majesty in Council thinks fit to make in
that behalf.
XIX.-GENERAL PROVISIONS.
141. Nothing in this Order shall be deemed to effect Her Majesty's prerogative of pardon.
149. Except as in this Order expressly provided, nothing in this Order shall preclude any of Her Majesty's Consular Officers in China or in Japan from performing any act not of a judicial character, that Her Majesty's Consular Officers there night by law, or by virtue of usage or sufferance, or otherwise, have performed if this Order had not been made.
143. Every of Her Majesty's Consular Officers shall, as far as there is proper opportunity, promote reconciliation and courage and facilitate the settlement in an amicable way, and without recourse to litigation, of matters in difference between British subjects in China or in Japan.
144. Every signature or seal affixed to any instrument purporting to be the signature of the Judge of the Supreme Court, or of any officer or person acting under this Order, or to be the seal of any of Her Majesty's Courts in China or in Japan, shall, for all purposes under this Order, without any proof thereof, be presumed to be genuine, and shall be taken as genuine
ntil the contrary is proved.
145. In every case, civil or criminal, heard in any Court, proper minutes of the proceedings shall be drawn up, and shall signed by the Judge or Officer before whom the proceedings are taken, and sealed with the seal of the Court, and shall, Where Assessors are present, be open for their inspection and for their signature if coneurred in by them,
The minutes, with depositions of witnesses and notes of evidence taken at the trial by the Judge or Officer shall be pre- rved in the public office of the Court.
140. In a civil case any Court may order such costs, or costs, charges, and expenses, as to the Court seem reasonable, to he paid by any party to the proceedings, or out of any fund to which the proceeding relates.
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