THE HONGKONG
Government Gazette.
Published by Authority.
VICTORIA, SATURDAY, 28TH APRIL, 1860.
VOL. VI.
No. 17.
No. 58.
GOVERNMENT NOTIFICATION.
His Excellency The Governor directs the publication of the following Letters Patent, under the Great Seal, investing the Supreme Court of Hongkong with Jurisdiction, concurrent and appellate, in Civil Suits originating in Japan.
By Order,
Colonial Secretary's Office, Victoria, Hongkong, 27th April, 1860.
W. T. MERCER, Colonial Secretary.
VICTORIA, by the Grace of GoD of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. TO ALL TO WHOм these presents shall come Greeting. WHEREAS by an Ordi- nance passed by the Legislative Council of Hongkong in the Year One thousand Eight hundred and Forty-five, intituled Number 6 of 1845 "An Ordinance to repeal Ordinance No. 15 of 1844 for the establishment of a Supreme Court of Judicature at Hongkong, and to substitute other provisions in lieu thereof," it was enacted that there should be within the said Colony a Court which should be called The Supreme Court of Hongkong. AND WHEREAS by an Order in Council, bearing date the Third Day of March One thousand Eight hundred and Fifty-nine, it was ordered that in the event of any Suit of a Civil Nature arising between British Subjects within the Dominions of the Tycoon of Japan it should be lawful upon the Application of any Party to such Suit for the Consul of the District within which the Party shed should be found to hear and determine such Suit subject to an Appeal to the Supreme Court of the Colony of Hongkong, and that every such Appeal should be made and conducted in the manner and form and under the same Conditions as were prescribed by the said Order in Council in case the Defendant only were a British Subject. AND WHEREAS by the 28th Article of the aforesaid Order in Council it was further ordered that the Supreme Court of the Colony of Hongkong should have and might exercise concurrently with Her Majesty's Consul Authority and Jurisdiction in regard to all Suits of a Civil Nature between British Subjects arising within any parts of the Dominions of the Emperor of Japan: Provided always that the said Supreme Court should not be bound unless in a fit case it should deem it right so to do by Writ of Certiorari or otherwise to debar or prohibit the Consul from hearing and determining pursuant to the Provisions of the several Articles of the said Order Suit of a Civil Nature between British Subjects or to stay the proceedings of the Consul in any such any matter.---Now Know YE that WE upon consideration of the premises, and of OUR certain knowledge, and mere motion have thought fit to direct and ordain, and do direct and ordain, as follows, that is to y: If any Party to any such Suit as aforesaid heard and determined in Japan shall be dissatisfied with the Decision given upon the said Suit by the Consul before whom the same shall be tried it shall be lawful for such Party within Fifteen Days after such Decision to give to the Consul notice of Appeal to the Supreme Court of Hongkong, whereupon the Consul shall, with as little delay as possible, stamp with his Consular Seal, and transmit all the Documents, which were produced before him, and none other, and also the Notes taken by him of the evidence in the said Suit, together with a Statement of the grounds on which he formed his Decision to the said Supreme Court, and an exact Copy of the Order made by him, and shall forthwith notify to the several Parties the transmission thereof. PROVIDED ALWAYS that it shall be lawful for the Consul to require from any Party appealing to the said Court reasonable security which shall consist in part of one or two sufficient Sureties to be approved by the Consul that such Party shall and will abide by the Decision to be given by the said Supreme Court, and pay
all such Costs of and incidental to such Appeal as the said Supreme Court shall direct. WE do further direct and appoint that it shall be competent to the said Supreme Court and the said Court is hereby required to take into Consideration such Documents and Statements and decide upon the same, and communicate its Decision to the Consul, who shall forthwith proceed to carry the same into execution. AND WE do further direct and appoint that in any Appeal to the said Court from the Decision of a Consul it shall not be open to any Party to adduce any further evidence than that which
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