港史文本 || HK In Texts: Hongkong Directory 1891

CHRONICLE

AND

See also Articles 4,

20, 21, 33.

50 cents.

10 cents for every $100 or part thereof.

xxxviii

18.-Copy CHARTER-

LIST OF STAMP DUTIES

Vessel under 200 tons, each copy.

over 200 COLLATERAL SECURITY

CONTRACT

وو

$1.

$2.

See Mortgage, 26.

See Agreement, 2.

14. CONVEYANCE or Assignment on sale, to be levied on the amount or

value of the consideration money, such consideration money to in- | 30 cents .or every

clude any sum payable by the purchaser in respect of any mortgage or other debt remaining upon the property purchased, or released by such purchaser to the vendor. (See also Article 17).

$100 or part

thereof.

EXEMPTION. Transfer by mere endorsement of a duly stamped Bill of Exchange, Promissory Note, or other negotiable

Instrument, or of a Bill of Lading. Bill of Sale for Chinese Junk. 15.-COPARTNERSHIP, Deed or other instrument of 16.-DECLARATION OF TRUST

.$2.

$10.

$25.

$10.

17.-DEED or other instrument of Gift, assignment, or exchange, where no money consideration, or a merely nominal money consideration, passes * DEED of Assignment where no money consideration or a merely nominal money consideration passes and where such Deed is merely confirmatory of an Assignment on which the full conveyance duty has been paid.... NOTE. The Collector of Stamp Revenue shall, unless the two deeds referred to in the foregoing paragraph are comprised in one and the same document, denote by an entry under his hand made upon the Deed stamped with the $10 duty, that the full conveyance duty (if more than $10) has been paid upon the other.

DEPOSIT of Title Deeds

18.-DUPLICATE or Counterpart of any Document chargeable with duty under this Schedule, to be affixed on the production of the original Document bearing its proper Stamp, and not otherwise. If the original duty is-

Under $1......

From $1 to $10

$10 to $20. Over $20.

.See Mortgage, 26.

Same duty.

$1.

$2.

$3.

NOTE. The duplicate or counterpart of any instrument chargeable with duty is not to be deemed duly stamped unless it appears by some entry made by the Collector or by some stamp impressed thereon that the full and proper duty has been paid up on the original instrument of which it is a duplicate or counterpart or unless it is stamped as an original instrument,

19.-EMIGRATION FEES, under the Emigration Consolidation Ordinance, 1874-

Application for a certificate

Certificate.

EQUITABLE Charge..

$1. $1.

See Mortgage, 26.

20.-FOREIGN ATTACHMENT BOND, in the Supreme Court, either Jurisdic- Į $1 for every $100 or

tion....

GUARANTEE

21.-Every INSTRUMENT in writing UNDER SEAL, not otherwise specially

charged with duty under this Schedule........

}

part thereof. .See Agreement, 2.

$10.

Nors. The impressions of Chinese names, shop names, or trading names, commonly called chops shall not be taken

to be seals within the meaning of this Article.

22.-LEASE or agreement for a Lease, made for a term of years, or for

$100 or part there. of.

$1.

a period determinable with one or more life or lives or otherwise (30 cents for every contingent, in consideration of a sum of money paid in the way of premium, fine, or the like, if without rent 23.-LEASE, executed in pursuance of a duly stamped agreement for the same... 24.-LEASE or Agreement for a Lease of any Land, House, Building or Tenement, at a rent, without payment of any sum of money by way of fine or premium, to be levied on the Annual Rent, for a term not ex- ceeding :-

One year

Three years

Thirty years

Exceeding thirty years

.10 cents. For every

.25

$100 or

.50

.75

part thereof.

NOTE. When both rent is paid and there is a fine or premium, the duty is to be the total of that due under both articles

　　　　　　　　　22 & 24. EXEMPTION.-All rentals under $50 per annum. 25.-LETTER or other instrument of HYPOTHECATION accompanying deposit of documents of title to any moveable property, or bond, or other instrument of guarantee in respect of such property or

documents of title

Referring to part- icular property, $1. (Duplicate, 10 cents.

General, $2.

LETTER OF GUARANTEE 26.-MORTGAGE, or Agreement for a Mortgage, Bond, Debenture Covenant, Warrant of Attorney to confess and enter up judgment, and Foreign security of any kind not specially charged with duty under this Sche- dule, to be levied on the amount or value of the principal sum secured.

* Order in Council of 8th October, 1886.

See Agreement, 2.

•

LIST OF STAMP DUTIES

xxxix

(i.) Being the only, or principal, or primary security, and also where 10 cents for every any further money is added to the money already secured......... $ $100 or part thereof. (ii.) Being a collateral or auxiliary or additional or substituted security,

other than a Mortgage executed pursuant to a duly stamped agreement for the same, or by way of further assurance for the above-mentioned purpose where the principal or primary security

is duly stamped, and for every extension of the time of an Original 5 cents for every $100 Mortgage endorsed on such Mortgage..................................

or part thereof.

1 cent for every $100

(iii.) Transfer, assignment, disposition or assignation of any Mort- gage Bond, Debenture, Covenant, or Foreign security, or of any money or stock secured by any such instrument, or by any War- rant of Attorney to enter up Judgment, or by any Judgment; to be levied on the amount transferred.... (iv.) Reassignment, release, discharge, surrender, resurrender, warrant to vacate, or renunciation of any such security as aforesaid, or of the benefit thereof, or of the money thereby secured... (v.) Mortgage executed in pursuance of a duly stamped agreement for same 27. Any NOTARIAL ACT whatsoever not otherwise charged with duty in this Schedule......? 28.-NOTE OF PROTEST by any Commander or Master of a vessel, or with

regard to any Promissory Note or Bill of Exchange 29.-POLICY or Risk Note of Marine, Fire, Life or other Insurance, for

each copy, and every renewal ............................

30.-POWER OF ATTORNEY

}

or part thereof.

25 cents.

10 cents.

$2.

part thereof.

$1.

31.-PROBATE, or Letters of Administration, with or without the Will]

　　　annexed, to be calculated upon the value of the Estate and Effects | $1 for every $100 or for or in respect of which such Probate or Letters of Administration shall be granted, exclusive of what the deceased shall have been possessed of, or entitled to as a Trustee for any other person or persons and not beneficially..

EXEMPTION. Administration Bonds, and Estates under $250. REASSIGNMENT...

32.-RECEIPT or Discharge given for the payment of money, or in acquittal of a debt paid in money or otherwise, when the sum received, dis- charged, or acquitted exceeds $10

See Mortgage, 26.

3 cents.

EXEMPTIONS.-Letter acknowledging the arrival of a Currency or Promissory Note, Bill of Exchange, or any security for money, Receipt or Debit Note for the Premium on a duly stamped Policy of Insurance. Receipt given by any officer or soldier of Ifer Majesty's forces stationed in the Colony for money paid out of Imperial Revenue.

33.-SERVANT'S SECURITY BOND. Any Instrument in writing under seal by which any domestic or other Servant or Clerk or Compradore shall give security for the due discharge of his duties, or of the duties of other persons to be employed by him, or for the safe custody of money or property to be entrusted to him, or for the proper carrying on of business to be conducted by him, or for the discharge of his responsibilities arising from such business, whether such security shall be given by the binding of other persons, or by the deposit of money or valuable property or by deposit of the Title Deeds to any property or by any assignment..............

The same duty as a Mortgage, see Ar、 ticle 26, i. & ii.

30 cents for every $100 or part there- of of the amount or value of the property settled or agreed to be settled.

34. SETTLEMENT. Any instrument, whether voluntary or upon any good or valuable consideration, other than a bond fide pecuniary consideration, whereby any definite and certain principal sum of money (whether charged or chargeable on lands or not, or to be laid out in the purchase of lands or not) or any definite and certain amount of stock, or any security, is settled or agreed to be settled in any manner whatsoever EXEMPTION. Instrument of appointment relating to any property in favour of persons especially named or described as the objects of a power of appointment created by a previous Settlement stamped with ad valorem duty in respect of the same property, or by will, where probate duty has been paid in respect of the same property as personal estate of the testator.

35.-SETTLEMENT executed in pursuance of a duly stamped agreement for the same....... .$1. 36.-TRANSFER OF SHARES or stock in any public company, to be computed) 10 cents for every on the market value of such shares on theday of stamping, which, if doubt $100 or part

thereof.

　　　　(ii.)-Transfer for a nominal amount, to be approved by the Collector...$1. EXEMPTION.-Scrip Certificate.

GENERAL EXEMPTIONS.

　　　　　　　　Any Document made or executed by or on behalf of Her Majesty or of any Department of Her Majesty's Service, or whereby any property or interest is transferred to, or any contract of any kind whatsoever is made with Her Majesty or any person for or on behalf of Her Majesty or any such Department as aforesaid.

　　　　　　　　But this exemption does not extend to any Document executed by the Registrar of the Supreme Court as Official Admini- strator or by a Receiver appointed by any Court, or to any Document rendered necessary by any Ordinance or by the order of any Court; neither does it extend to a sale made for the recovery of an arrear of Revenue or Rent, or in satisfaction of a Decree or Order of Court, in any of which cases the purchaser shall be required to pay the amount of the requisite Stamp in addition t❤ the purchase mone".

LEGALISED TARIFF OF FARES FOR CHAIRS, JINRICKSHAS, BOATS, AND

COOLIES IN THE COLONY OF HONGKONG, &c., &c.

CHAIRS.

I.-In Victoria, with two bearers.-Half hour, 10 cents; One hour, 20 cents; Three hours, 50 cents; Six hours, 70 cents; Day (6 A.M. to 6 P.M.) $1. If the trip is extended beyond Victoria, half fare extra. II.-Beyond Victoria, with four bearers.-Hour, 60 cents; Three hours, $1.00; Six hours, $1.50; Day

(6 A.M. to 6 P.M.), $2.00.

III.-In the Hill Districts, with two bearers.-Half hour, 15 cents; One hour, 30 cents; Three hours, 75 cents; Six hours, $1.00; Day (6 A.M. to 6 P.M.), $1.50. With four bearers.-One hour, 60 cents; Three hours, $1.00; Six hours, $1.50; Day (6 A.M. to 6 P.M.), $2.00.

JINRICKSHAS. (With single driver).

Quarter hour, 5 cents; Half hour, 10 cents; Hour, 15 cents; Every subsequent hour, 10 cents.

　　　　　　　NOTE-Victoria extends from Mount Davis to Causeway Bay and up to the level of Robinson Road. If the vehicle is discharged beyond these limits half fare extra is to be allowed for the return journey. Extra bearers or drivers and extra hours to be paid proportionate sums.

CARGO Boats.

1st Class Cargo Boat of 800 piculs and upwards 2nd Class Cargo Boat under 800 and not less than 450 piculs 8rd Class Cargo Boat under 450 and not less than 100 piculs 4th Class Cargo Boat under 100 piculs

ROWING Boats.

1st Class Boat upwards of 40 feet in length, per day of 12 hours. 2nd Class Boats from 30 to 40 feet in length, per day of 12 hours All other Boats, per day of 12 hours

All Boats, per hour with 2 passengers

All Boats, per half hour with 2 passengers

per day. per load.

$10.00

$5.00

5.00

3.00

2.00

1.50

1.00

$2.00

1.50

1.00

0.20

0.10

For each extra passenger 5 cents for half-an-hour, 10 cents per hour. Between sunset and sunrise 5 cents extra per passenger.

SCALE OF HIRE FOR STREET COOLIES.

One day, 33 cents; Half-day, 20 cents; Three hours, 12 cents; One hour, 5 cents; Half-hour, 3 cents. Nothing in the above scale is to affect private agreements.

FIRE SIGNALS ON SHORE, HONGKONG.

1st.-Quick alarm Bell for 5 minutes. 1 Stroke for Eastern district, East of Murray Barracks. 2 Strokes, Central district from Murray Barracks to the Harbour Office. 3 Strokes, Western district.

HONGKONG OB÷ERVATORY METEOROLOGICAL SIGNALS AND STORM-WARNINGS.

METEOROLOGICAL SIGNALS.

Meteorological signals are hɔisted on the mast beside the time-ball at Kowloon Point for the information of masters of vessels leaving the port. They do not imply that bad weather is expected here.

A Drum indicates a typhoon to the east of the Colony.

A Ball indicates a typhoon to the west of the Colony.

A Cone pointing upwards indicates a typhoon to the north of the Colony.

A Cone pointing downwards indicates a typhoon to the south of the Colony.

Red signals indicate that the centre is believed to be more than 300 miles away from the Colony. Black signals indicate that the centre is believed to be less than 300 miles away from the Colony.

NIGHT SIGNALS.

Two Lanterns hoisted Vertically indicate bad weather in the Colony and that the wind is expected

o veer.

　　　　　　　Two Lanterns hoisted Horizontally indicate bad weather in the Colony and that the wind is expected to back.

LOCAL STORrm-Warnings.

The Colony itself is warned of approaching typhoons by means of the typhoon-gun placed at the foot of the mast.

One round is fired whenever a strong gale of wind is expected to blow here.

Two rounds are fired when a typhoon is expected here.

Three rounds are fired whenever the wind is expected to shift suddenly during a typhoon.

Hongkong Observatory, 11th October, 1890.

CODES, TREATIES, &c.

24000

ORDER OF HER MAJESTY THE QUEEN IN COUNCIL,

FOR THE GOVERNMENT OF HER MAJESTY'S

SUBJECTS IN CHINA AND JAPAN.

AT THE COURT AT WINDSOR, THE 9TH DAY OF MARCH, 1865.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS an Act of Parliament was passed in the Session of the sixth Preamble. and seventh years of Her Majesty's reign (chapter eighty) "for the better 6 and 7 Vict.. government of Her Majesty's subjects resorting to China"

And whereas, by the Act it was enacted (among other things) that it should be lawful for Her Majesty, by any Orders or Orders made with the advice of Her Privy Council, to ordain for the government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than one hundred miles from the coast of China, any law or ordinance which to Her Majesty in Council might seem meet, as fully and effectually as any such law or ordinance could be made by Her Majesty in Council for the government of Her Majesty's subjects being within Her Majesty's Island of Hongkong:

c. 80.

*. 94.

And whereas, another Act of Parliament was passed in the same 6 and 7 Vică. Session (chapter ninety-four) "to remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual" (to which Act the expression "The Foreign Jurisdiction Act" when hereafter used in this Örder refers):

And whereas, by the Foreign Jurisdiction Act it was enacted (among other things) that it was and should be lawful for Her Majesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty then had, or might at any time hereafter have, within any country or place out of Her Majesty's dominions, in the same and as ample a manner as if Her Majesty had acquired such power or jurisdiction by the cession or con- quest of territory:

And whereas, Her Majesty has had and now has power and jurisdic- tion in the dominions of the Emperor of China, and in the dominions of the Tycoon of Japan:

And whereas, Her Majesty was pleased from time to time, by and with the advice of Her Privy Council, by Orders in Council of the several dates in the Schedule to this Order specified, to ordain laws and ordinances for the better government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within certain ships or vessels at a distance of not more than one hundred miles from the coast of China and to make provision for the exercise of Her Majesty's power and jurisdiction aforesaid in the dominions of the Emperor of China and of the Tycoon of Japan respectively:

　　　　　　And whereas, it has seemed to Her Majesty, by and with the advice of Her Privy Council, to be expedient at the present time to revise the provisions of the said Orders, and to ordain further and other laws and ordinances for the better government of Her Majesty's subjects being

Short Title.

Interpretation.

ORDER IN COUNCIL.

within the dominions of the Emperor of China, or being within such ships. or vessels as aforesaid, and to make further and other provision for the due exercise of Her Majesty's, power and jurisdiction aforesaid and par- ticularly for the more regular and efficient adminstration of justice among Her Majesty's subjects resident in or resorting to the dominions of the Emperor of China or of the Tycoon of Japan :

And whereas, under the authority of provisions in this behalf in the first-recited Act contained, ordinances for the peace, order, and good government of Her Majesty's subjects within the dominions of the Em- peror of China, or being within certain ships or vessels at a distance of not more than one hundred miles from the coast of China, have been from time to time made by the Superintendent of the Trade of Her Majesty's subjects in China (such Superintendent being also the Governor of Hong- kong), with the advice of the Legislative Council of Hongkong, which ordinances are known as Consular Ordinances:

　　And whereas such of those Consular Ordinances as are described in the Schedule to this Order are now in force, wholly or in part, but they are liable to repeal by order of Her Majesty in Council, and it is expedient that they be repealed, such of their provisions as are not intended to be abrogated being consolidated with this Order:

　　Now, therefore, Her Majesty, by virtue of the powers in this behalf by the first recited Act and The Foreign Jurisdiction Act, or either of them, or otherwise in Her vested, is pleased by and with the advice of Her Privy Council to order, and it is hereby ordered, as follows:

I. PRELIMINARY.

1. This Order may be cited as The China and Japan Order in Coun- cil, 1865.

2. In this Order-

The term "China" means the dominions of the Emperor of China: The term "Japan" means the dominions of the Tycoon of Japan: The term "Minister" means the superior diplomatic representative of

Her Majesty for the time being, whether Ambassador, Envoy, Minister Plenipotentiary, or Chargé d'Affaires.

The term "Chief Superintendent of Trade" means the Superintendent of the trade of Her Majesty's subjects in China for the time being, or any person for the time being authorized to act as such: The term "Consular Officer" includes every officer in Her Majesty's Consular Service, whether Consul-Gen ral, Consul, Vice-Consul, or Consular Agent, or person authorized to act in any such capacity in China or Japan :

The term "British vessel" includes every vessel being a British ship within the meaning of The Merchant Shipping Act, 1854, or any other Act of Parliament for the time being in force for the regulation of merchant shipping, and any vessel owned wholly or in part by any person entitled to be the owner of a British ship in the sense aforesaid,-and any vessel provided with sailing- letters from the Governor or Officer administering the Govern- ment of Hongkong, or from the Chief Superintendent of Trade: The term "Treaty" includes Convention, and any Agreement, Regula- tions, Rules, Article, Tariff, or other instrument annexed to a Treaty, or agreed on in pursuance of any stipulation thereof: The term month means calendar month: Words importing the plural or the singular may be construed as referring to one person or thing or more than one person or thing, and word importing the masculine as referring to females (as the case may require).

H. B. M. SUBJECTS IN CHINA AND JAPAN.

3. The provisions of this Order relating to British subjects apply to British subjects. all subjects of Her Majesty, whether by birth or by naturalization.

　　　　　The provisions of this Order relating to foreigners apply to subjects Foreigners, of the Emperor of China and of the Tycoon of Japan respectively, and subjects or citizens of any State other than China or Japan (not being enemies of Her Majesty).

II--GENERAL PROVISIONS RESPECTING HER MAJESTY'S

JURISDICTION.

be exercised

Order.

　　　　　4. All Her Majesty's jurisdiction exercisable in China or in Japan for Her Majesty's the judicial hearing and determination of matters in difference between jurisdiction to British subjects, or between foreigners and British subjects,-or for the according to this administration or control of the property or persons of British subjects,--or for the repression or punishment of crimes or offences committed by British subjects,-or for the maintenance of order among British subjects,-shall be exercised under and according to the provisions of this Order, and not otherwise.

　　　　　　5. Subject to the other provisions of this Order, the civil and criminal Law of England jurisdiction aforesaid shall, as far as circumstances admit, be exercised to be adminis. upon the principles of and in conformity with the Common Law, the Rules of Equity, the Statute Law, and other Law for the time being in force in and for England, and with the powers vested in and according to the course of procedure and practice observed by and before Courts of Justice and Justices of the Peace in England, according to their respective jurisdictions and authorities.

6. Except as to offences made or declared such by this Order, or by What to be any Regulation or Rule made under it-

　　　　　Any act other than an act that would by a Court of Justice having criminal jurisdiction in England be deemed a crime or offence making the person doing such act liable to punishment in England, shall not, in the exercise of criminal jurisdiction under this Order, be deemed a crime or offence making the person doing such act liable to punishment.

III.- CONSTITUTION OF HER MAJESTY'S COURT.

1.-The Supreme Court at Shanghai.

deemed crimina

acts.

　　　　　7. There shall be a Court styled Her Britannic Majesty's Supreme Style and seal o Court for China and Japan.

　　　　　The Supreme Court shall have a seal bearing its style and such device as one of Her Majesty's Principal Secretaries of State from time to time directs.

Supreme Court,

8. The Supreme Court shall hold its ordinary sittings at Shanghai, Place of sitting, or, on emergency, at any other place within the district of the Consulate of Shanghai; but may at any time transfer its ordinary sittings to any such place in China as one of Her Majesty's Principal Secretaries of State or Her Majesty's Minister in China approves.

9. There shall be one Judge of the Supreme Court.

Judge.

　　　　　He shall be appointed by Her Majesty, by warrant under her Royal Appointment, sign manual.

He shall be a subject of Her Majesty (by birth or naturalization) who qualification. at the time of his appointment is a member of the bar of England, Scotland, or Ireland, of not less than seven years' standing, or has filled the office of Assistant Judge or Law Secretary in the Supreme Court, or the office of Judge or Legal Vice-Consul or Law Secretary in Her Majesty's Consular Service.

10. The Judge may from time to time, in case of his absence or in- Deputy of tended absence from the district of the Consulate of Shanghai, either in Judge. the discharge of his duty or with permission of one of Her Majesty's Principal Secretaries of State, or in case of illness, appoint, by writing under his hand and the seal of the Supreme Court, a fit person to be his

Leting Judge,

　　　　　Assistant Judge, Law Secretary, Officers, and Clerks.

Appointment of

ORDER IN COUNCIL.

deputy for the time therein mentioned; but every such appointment shall be revocable, at pleasure, by the Judge, by writing under his hand and the seal of the Supreme Court.

The person so appointed shall during the continuance of his appoint- ment, have all the like power and authority as the Judge.

11. During a vacancy in the office of Judge, or on emergency, a fit person approved by one of Her Majesty's Principal Secretaries of State, or (in the absence of notice to Her Majesty's Minister in China of any such approval) by Her Majesty's Minister in China, may temporarily be and act as Acting Judge, with all the powers and authority of the Judge.

12. There shall be attached to the Supreme Court--

(1.) An Assistant Judg",

(2) A Law Secretary,

(3.) So many officers and clerks as one of Her Majesty's Principal

Secretaries of State may from time to time think fit.

　　　　　　　　　　13. The Assistant Judge shall be appointed by Her Majesty, by war- Assistant Judge. rant under Her Royal sign manual.

Duties of

in civil cases.

14. The Assistant Judge shall hear and determine such matters and Assistant Judge questions arising in suits and proceedings of a civil nature, originally insti- tuted in the Supreme Court, as are from time to time especially referred to him by the Judge; and in every such case any party to the suit or pro- ceeding shall be entitled as of course to a re-hearing before the Judge.

In criminal cases.

　　　　　　doting Assistant Judge.

Appointment of Law Secretary.

Law Secretary to be Registrar. Duties of Law Secretary in civil cases.

　　　　　　　1a criminal prosecutions,

In hearing eriminal cases.

Acting Law Secretary.

15. The Assistant Judge shall hear and determine in summary way such criminal charges originally brought before the Supreme Court as may be lawfully so heard and determined, and as are from time to time referred to him by the Judge.

16. In case of the absence or illness of the Assistant Judge, or during a vacancy in the office of Assistant Judge or during the temporary employ- ment of the Assistant Judge in any other capacity, or on emergency, the Judge may, by writing under his hand and the seal of the Supreme Court, appoint the Law Secretary, or any fit person approved by one of Her Majesty's Principal Secretaries of State, or by Her Majesty's Minister in China, to act as Assistant Judge for the time therein mentioned; but every such appointment shall be revocable, at pleasure, by the Judge, by writing under his hand and the seal of the Supreme Court.

The Law Secretary, or other person so appointed, shall during the continuance of his appointment, have all the power and authorities of the Assistant Judge.

17. The Law Secretary shall be appointed by Her Majesty by warrant under Her Royal sign manual.

18. The Law Secretary shall be the Registrar of the Court.

19. The Law Secretary shall hear and determine such matters and questions arising in suits and proceedings of a civil nature originally instituted in the Supreme Court as the Judge from time to time for the despatch of urgent business thinks fit to refer especially to him, but in every such case any party to the suit or proceeding shall be entitled, as of course, to a rehearing before the Judge.

20. The Law Secretary shall discharge such duties in connection with the conduct of criminal prosecutions as the Judge from time to time directs.

21. The Law Secretary shall hear, and determine in a summary way such criminal charges originally brought before the Supreme Court as may be lawfully so heard and determined, and as the Judge from time to time for the despatch of urgent business thinks fit to refer specially to him.

22. In case of the absence or illness of the Law Secretary, or during a vacancy in the office of Law Secretary, or during the temporary employ- ment of the Law Secretary in any other capacity, or on emergency, the Judge may, by writing under his hand and the seal of the Supreme Court,

H. B. M. SUBJECTS IN CHINA AND JAPAN.

appoint any fit person approved by one of Her Majesty's Principal Secre- taries of State, or by Her Majesty's Minister in China, to act as Law Secretary for the time therein mentioned; but every such appointment shall be revocable, at pleasure, by the Judge, by writing under his hand and the seal of the Supreme Court.

　　　　　　The person so appointed shall, during the continuance of his appoint- ment, have all the power and authority of the Law Secretary.

of Judge,

　　　　　　23. The Judge, Assistant Judge, and Law Secretary shall hold office Tenure of office during the pleasure of Her Majesty, but any warrant of appointment to Assistant Judge, the office of Judge, Assistant Judge, or Law Secretary shall not be vacated and Law by reason only of a demise of the Crown.

　　　　　　In case at any time Her Majesty thinks fit by warrant under Her Royal sign manual to revoke the warrant appointing any person to be Judge, Assistant Judge, or Law Secretary, or while there is a Judge, Assistant Judge, or Law Secretary in office, thinks fit by warrant under Her Royal sign manual to appoint another person to be Judge, Assistant Judge, or Law Secretary (as the case may be),-then and in every such case, until the warrant of revocation or of new appointment is notified by Her Majesty's Minister in China to the person holding office, all powers and authorities vested in that person shall continue and be deemed to have continued in as full force,-and he shall continue and be deemed to have continued entitled to all the privileges and emoluments of the office as fully, and all things done by him shall be and be deemed to have been as valid in law, as if such warrant of revocation or new appointment had not been made.

Secretary.

　　　　　　24. One of Majesty's Principal Secretaries of State may, and Her Consular officers Majesty's Ministers in China and Japan respectively, with the approval attached.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　temporarily of the Judge of the Supreme Court in each instance first obtained, may from time to time temporarily attach to the Supreme Court any persons holding appointments as Consuls or Vice-Consuls.

Every person so attached shall discharge such duties in connexion. with the Court as the Judge from time to time, with the approval of one of Her Majesty's Principal Secretaries of State, directs and shall have the like power and authority as the Assistant Judge or Law Secretary has, according as in each case the nature of the duties directed to be discharged by person so attached may require.

2.-The Provincial Courts.

extende

Courts to be

(commissioned),

Consuls or

　　　　　　25. Each of Her Majesty's Consuls-General, Consuls, and Vice- Provincial Consuls (holding a commission as such from Her Majesty) resident in held by Consuls China or in Japan with the exception of Her Majesty's Consuls at Shanghai, or Vice-Consuls and with such other exceptions as one of Her Majesty's Principal Secre- or by Acting taries of State at any time thinks fit to make), or any person acting Vice-Consuls. temporarily, with the approval of one of Her Majesty's Principal Secre taries of State or of Her Majesty's Minister in China or in Japan, as and for a Consul-General, Cousul, or Vice-Consul, so commissioned as afore- said, shall, for and in his own Consular district, hold and form a Court styled Her Britannic Majesty's Court, at [Canton or as the case may be], hereafter in the Order called a Provincial Court.

Each Provincial Court shall have a seal bearing its style and such Seal. device as one of Her Majesty's Principal Secretaries of State from time to time directs.

IV. JURIES.-ASSESSORS.

jurors.

　　　　　　26. Every male British subject resident in China or in Japan,-being Qualification of of the age of 21 years or upwards,-being able to speak and read English, -having or carning a gross income at the rate of not less than 250 dollars a year, not having been attainted of treason or felony or convicted of any

Exemptions.

　　　　　Making of jury list.

Summoning and attendance of jurors.

Penalty.

Number of jury.

•

ORDER IN COUNCIL.

crime that is infamous (unless he has obtained a free pardon) and not being under outlawry,-shall be qualified to serve on a jury.

27. All persons so qualified shall be liable so to serve, except the following:-

Persons in Her Majesty's Diplomatic, Consular, or other Civil service

in actual employment;

Officers, clerks, keepers of prisons, messengers, and other persons

attached to or in the service of any of Her Majesty's Courts; Officers and others on full pay in Her Majesty's Navy or Army, or in actual employment in the service of any Department connected therewith;

Persons holding appointments in the Civil service, and Commissioned Officers in the Naval or Military service of the Emperor of China or of the Tycoon of Japan;

Clergymen and ministers in the actual discharge of professional duties; Advocates and attorneys in actual practice;

Physicians, surgeons, and apothecaries in actual practice;

And except persons disabled by mental or bodily infirmity.

28. On or before the 14th day of September, in the year 1865, and on or before the 14th day of January in every subsequent year, each Court shall make out a list of the persons so qualified and liable, resident within its district.

The list shall, on or before the 21st day of the same respective month, be affixed in some conspicuous place in the Court, and shall be there exhibited until the end of that month, with a notice annexed that on a day specified, not being sooner than the 7th nor later than the 14th day of the then next month, the Court will hold a special sitting for the revision of the list.

The Court shall hold such special sitting accordingly, and at such sitting, or at some adjournment thereof (of which public notice shall be given), shall revise the list by striking out the name of any person appearing to be not qualified or not liable to serve, and by inserting the name of any person omitted and appearing to be so qualified and liable, either on the application of the person omitted, or on such notice to him as the Court thinks fit.

The list shall be finally revised and settled not latter than the 21st day of October in the year 1865, and not later than the 21st day of February in every subsequent year, and when settled shall be affixed in some conspicuous place in the Court, and be there exhibited during not less than two mouths.

Such list as settled, shall be brought into use in the year 1865, on the 1st day of November, and in every subsequent year on the 1st day of March, and in every case shall be used as the jury list of the Court until the 1st day of March next after the time of its being brought into use.

29. Where, in pursuance of this Order, a jury is ordered, the Court shall summon so many of the persons comprised in the Jury list, not fewer than fifteen, as seem requisite.

Any person failing to attend according to such summons shall be liable to such fine, not exceeding 50 dollars, as the Court thinks fit to impose.

Any such fine shall not be levied until after the expiration of 14 days. The proper officer of the Court shall forthwith give to the person fined notice in writing of the imposition of the fine, and require him within six days after receipt of the notice to file an affidavit excusing his non-attendance (if he desires to do so). The Court shall consider the affidavit, and may, if it deem proper, remit the fine.

30. A jury shall consist of five jurors.

H. B. M. SUBJECTS IN CHINA AND JAPAN.

31. In civil and in criminal cases the like challenges shall be allowed Challenges. as in England, with this addition, that in civil cases each party may challenge three jurors peremptorily.

32. A jury shall be required to give an unanimous verdict.

Unanimity.

Consular

　　　　　　33. Where a Provincial Court proceeds, in pursuance of this Order, Provincial to hear and determine any case, civil or criminal, with Assessors, the Court,- Court shall nominate and summon as Assessors, not less than two and Assessors,

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　their number; not more than four indifferent Brtish subjects of good repute, resident qualifications; in the district of the Court.

　　　　　　　Where, however, by reason of local circumstances, the Court is able to obtain the presence of one fit person only as Assessor, the Court may sit with him alone as Assessor; and where for like reason the Court is not able to obtain the presence of any fit person as Assessor, the Court may (notwithstanding anything in this Order) sit without an Assessor; but in every such case the Court shall record in the minutes of proceedings its reasons for sitting with one Assessor only, or without an Assessor.

34. An Assessor shall not have voice or vote in the decision of the and functions. Court in any case, civil or criminal; but an Assessor dissenting in a civil case from any decision of the Court, or in a criminal case from any decision of the Court, or the conviction, or the amount of punishment awarded, may record in the minutes of proceedings his dissent and the grounds thereof; and an Assessor dissenting shall be entitled to receive gratis a certified copy of the minutes.

V. JURISDICTION AND AUTHORITIES OF HER MAJESTY'S COURTS.

I.-In General.

35. All Her Majesty's jurisdiction, civil and criminal, exercisable in Ordinary China, shall, for and within the district of the Consulate of Shanghai, jurisdiction of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　original be vested exclusively in the Supreme Court as its ordinary original Supreme Court. jurisdiction.

Provincial

　　　　　　　36. All Her Majesty's jurisdiction, civil and criminal, exercisable in Jurisdiction of China, beyond the district of the Consulate of Shanghai and not under Court. this Order vested exclusively in the Supreme Court,-and all Her Majesty's jurisdiction, civil and criminal, exercisable in Japan and not under this Order vested exclusively in the Supreme Court,-shall to the extent and in the manner provided by this Order, be vested in the Provincial Court, each for and within its own district.

jurisdiction

　　　　　　37. The Supreme Court shall have, in all matters civil and Concurrent criminal, an extraordinary original jurisdiction throughout China and of Supreme with Japan, concurrent with the jurisdiction of the several Provincial Courts, Provinc such extraordinary jurisdiction to be exercised subject and according to the provisions of this Order.

Provincial

　　　　　　38. The Judge of the Supreme Court may, from time to time, visit Visits to in a magisterial or judicial capacity any Provincial Court, and there Courts. inquire of, or hear and determine, any case, civil or criminal, pending in that Court, or arising within its district,-or, from time to time, may appoint the Assistant Judge or the Law Secretary of the Supreme Court to visit in the like capacity and for the like purpose any Provincial Court.

　　　　　　39. A Provincial Court may, of its own motion, or on the application Reference of case of any person concerned, report to the Supreme Court the pendency of Supreme Court. any case, civil or criminal, which appears to the Provincial Court fit to

be heard and determined by the Supreme Court.

　　　　　　The Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the same shall be so heard and determined accordingly.

　　　　　　40. Every Court shall, in the exercise of every part of its respective Courts of jurisdiction, be a Court of Record.

Record.

Barristers, attorneys,

and solicitors.

Consul at Shanghai to te Sheriff.

Execution by Provincial Court of writs, &c., from Supreme Court.

Execution of

Hongkong.

ORDER IN COUNCIL.

　41. The Judge of the Supreme Court may from time to time admit fit persons to practice in the Supreme Court as barristers, attorneys, and solicitors, or in any of those capacities.

The Judge of the Supreme Court may, from time to time, subject to the approval of one of Her Majesty's Principal Secretaries of State, make Rules for regulating the admission of persons to practise as aforesaid in Provincial Courts.

　42. Her Majesty's Consul at Shanghai shall have all the powers and authorities of the Sheriff of a county in England, with all the privileges and immunities of the office, and as such Sheriff shall be charged with the execution of all decrees, orders, and sentences made and passed by the Supreme Court, on the requisition in that behalf of the Supreme Court.

43. Each Provincial Court shall execute any writ, order, or warrant issuing from the Supreme Court and directed to the Provincial Court.- and may take security from any person named therein for his appearance personally, or by attorney, according to the writ, order, or warrant; or may cause such person to be taken in custody or otherwise, to the Supreme Court, or elsewhere in China or Japan, according to the writ, order, or warrant.

44. Any of Her Majesty's Courts in China or in Japan may execute write. &c., from any writ, order, or warrant issuing from the Supreme Court of Hongkong, and accompanied by a request for such execution in writing under the seal of that Court;-and may take security from any person named in any such writ, order, or warrant for his appearance personally, or by attorney, at Hongkong; or may cause any such person to be taken in custody, or other- wise, to Hongkong, according to the writ, order, or warrant.

Protection of Consular Officers.

Courts to be auxiliary.

Report by Provincial to

Supreme Court.

Settlement of litigation.

　　　　　　　　Reference to arbitration by Court.

Reference to

rule of Court.

　45. Any of Her Majesty's Judicial or Consular Officers shall not be liable to action for the escape of any person taken under any writ, order, or warrant of the Supreme Court of Hongkong.

46. Her Majesty's several Courts in China and Japan shall be auxiliary to one another in all particulars relative to the administration of justice, civil or criminal.

　47. Each Provincial Court shall every sixth months furnish to the Supreme Court for China and Japan a report respecting every case, civil and criminal, brought before it, in such form as the Judge of the Supreme Court from to time time directs.

II.-In Civil Matters. RECONCILIATION AND ARBITRATION.

　48. Every Court may promote reconciliation, and encourage and facilitate the settlement in any amicable way of any suit or proceeding pending before it.

　49. A Court may, with the consent of the parties, refer to arbitration the final determination of any suit or proceeding pending before it, or of all matters in reference between the parties, on such terms and with such directions as to appointment of an arbitrator and other things as may seem fit, and may, if it think fit, take from the parties, or any of them, security to abide by the result of the reference.

In any such case the award shall be final and conclusive.

　On the application of any party a decree of the Court may be entered in conformity with the award, and such decree shall not be open to any appeal or re-hearing whatever.

50 Every agreement for reference to arbitration, or submission to arbitration made arbitration, by consent, may, on the application of any party, be made a rule of a Court having jurisdiction in the matter of the reference or submission, which Court shall thereupon have power and authority to enforce the agreement or submission and the award made thereunder, and

H. B. M. SUBJECTS IN CHINA AND JAPAN.

to control and regulate the proceedings before and after the award in such manner and on such terms as may be just.

General Authorities of Courts.

51. The Supreme and every other Court shall be a Court of Law and Law and Equity.

Equity.

Special Authorities of Courts.

　　　　　　52. The Supreme and every other Court shall be a Court of Bank- Bankruptcy. ruptcy, and as such shall, as far as circumstances admit, have (as to a Provincial Court, for and within its own district), with respect to British subjects and to their debtors and creditors, being either British subjects or foreigners submitting to the jurisdiction of the Court, all such juris- diction as for the time being belongs to the Court of Bankruptcy and the County Courts in England, or to any other judicial authority having for the time being jurisdiction in Bankruptcy in England.

　　　　　　53 The Supreme and every other Court shali (as to a Provincial Coroner. Court, for and within its own district) have and discharge all the powers, rights, and duties appertaining to the office of Coroner in England,- summoning when necessary a jury of not less than three persons com- prised in the jury list of the Court.

Any person failing to attend according to such summons shall be liable to the like fine, to be levied in the like manner, as in this Order provided with reference to juries in civil and criminal proceedings.

　　　　　　54. The Supreme Court shall be a Vice-Admiralty Court, and as such Admiralty. shall, for and within China or Japan, and for vessels and persons coming to and within China or Japan, have all such jurisdiction as for the time being ordinarily belongs to Vice-Admiralty Courts in Her Majesty's possessions abroad.

　　　　　　55. The Supreme Court shall, as far as circumstances admit, have in Lunacy. itself exclusively, for and within China and Japan, with respect to British subjects, all such jurisdiction relative to the custody and management of the persons and estates of persons of unsound mind, as for the time being belongs to the Lord Chancellor or other person or persons in England intrusted by virtue of Her Majesty's sign manual with the care and com- mitment or the custody of the persons and estates of persons found by inquisition in England, idiot, lunatic, or of unsound mind.

56. The Supreme Court shall be a Court for Matrimonial Causes, and Matrimonial as such shall, as far as circumstances admit, have in itself exclusively, for Causes. and within China and Japan, with respect to British subjects, all such jurisdiction, except the jurisdiction relative to dissolution or nullity or jactitation of marriage, as for the time being belongs to the Court for Divorce and Matrimonial Causes in England.

Administration,

　　　　　　　57. The Supreme Court shall be a Court of Probate, and as such shall, Probate and as far as circumstances admit, have for and witnin China and Japan, with respect to the property of British subjects, having at the time of death their fixed places of abode in China or Japan, all such jurisdiction as for the time being belongs to Her Majesty's Court of Probate in England.

　　　　　　A Provincial Court shall, however, also have power to grant probate or administration where there is no contention respecting the right to the grant, and it is proved on oath that the deceased had at the time of his death his fixed place of abode within the jurisdiction of the Provincial Court.

Probate or administration granted by a Provincial Court shall have effect over all the property of the deceased within China and Japan, and shall effectually discharge persons dealing with an executor or ad- ministrator thereunder, and that, notwithstanding any defect afterwards appears in the grant.

　　　　　　Testamentary papers to be deposited in Court.

Penalty.

　　　　　Property of intestate until administration,

Fenalty on administering

ORDER IN COUNCIL.

Such a grant shall not be impeachable by reason only that the de- ceased had not at the time of his death his fixed place of abode within the particular jurisdiction.

58. Any person having in his possession or under his control any paper or writing of a deceased British subject, being or purporting to be testa- mentary, shall forthwith bring the original to the Court within the district whereof such person is at the time of his first knowledge of the death of the deceased, and deposit it there.

Any person neglecting to do so for fourteen days after having know- ledge of the death of the deceased shall be liable to such penalty, not exceeding 250 dollars, as the Court thinks fit to impose.

59. From the death of a British subject, having at the time of death his fixed place of abode in China or Japan, intestate, until administration is granted, his personal property within China and Japan shall be vested in the Judge of the Supreme Court, as the personal property of an intestate in England is vested in the Judge of Her Majesty's Court of Probate there.

60. If any person, other than one of Her Majesty's Consular Officers, without probate, takes possession of and in any manner administers any part of the personal property of any person deceased, without obtaining probate or administra- tion within three months after the death of the deceased, or within one month after the termination of any suit or dispute respecting probate or administration (if there is any such which is not ended within two months after the death of deceased), he shall be liable to such penalty not ex- ceeding 500 dollars as the Courts having jurisdiction in the matter of the property of the deceased thinks fit to impose; and in every such case the same fees shall be payable by the person so administering as would have been payable by him if he had obtained probate or administration.

　　　　　　Taking posses- sion of property of deceased.

　　　　　　Cases for trial with Jury.

Provincial Consular

　　　　　　Court, cases for Assessors.

61. When a British subject, not having at the time of death his fixed place of abode in China or Japan, dies there, the Court within whose dis- trict he dies shall, where the circumstances of the case appear to the Court so to require, forthwith on the death of the deceased, or as soon after as may be, take possession of his personal property within the particular jurisdiction, or put it under the seal of the Court (in either case, if the nature of the property or other circumstance so require, making an inven- tory) and so keep the property until it can be dealt with according to law. Trial with a Jury.

62. Where a suit originally instituted in the Supreme Court relates to money, goods, or other property, or any matter at issue of the amount or value of 1,500 dollars or upwards, or is brought for recovery of dam- ages of the amount of 1,500 dollars or upwards, the suit shall, on the demand of either party, be, under order of the Court, tried with a Jury.

In any case (xcept where, according to the Rules of the Court, the suit is to be heard and determined in summary way) a suit so instituted may be tried with a jury, if the Court of its own motion, or on the ap- plication of either party, thinks fit so to order.

One of Her Majesty's Principal Secretaries of State, may, by order under his hand, extend the present provision to any Provincial Court, where it appears to him there is a sufficient Jury list.

Trial with Assessors.

63. Where a suit instituted in a Provincial Court relates to money, goods, or other property of a less amount or value than 1,500 dollars,-or does not relate to or involve, directly or indirectly, a question respecting any matter at issue of the amount or value of 1,500 dollars or upwards,-or is brought for recovery of damages of a less amount than 1,500 dollars,- the Court may hear and determine the case without Assessors.

H. B. M. SUBJECTS IN CHINA AND JAPAN.

In all other cases the Court (subject to the provisions of this Order respecting inability to obtain an Assessor) shall hear and determine the case with Ass ssors.

III.-In Criminal Matters.

over British

64. Every Court may cause to be apprehended and brought before it Power of any British subject being within the district of the Court and charged apprehension with having committed a crime or offence in China or in Japan, and may subjects. deal with the accused according to the jurisdiction of the Court and in conformity with the provisions of this O der;-or where the crime or offence is triable, and is to be tried, in Her Majesty s dominions, may ake the preliminary examination, and commit the accused for trial, and cause or allow him to be taken to the place of intended trial.

district.

65. Where a person charged with having committed a crime or offence Accused escap- in the district of one Court escapes or removes from that district, and is ing to another found within the district of another Court, the Court within the district of which he is found may proceed in the case to examination, indictment, trial, and punishment, or in a summary way (as the case may require) in the same manner as if the crime or offence had been committed in its own district;-or may, on the requisition or with the consent of the Court of the district in which the crime or offence is charged to have been committed, send him in custody to that Court, or require him to give security for his surrender to that Court, there to answer the charge, and be dealt with according to law.

Where any person is to be so sent in custody, a warrant shall be issued by the Court within the district of which he is found, and such warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and carry him to and deliver him up the Court of the district within which the crime or offence was committed according to the warrant.

in British

　　　　　　　66. Where a warrant or order of arrest is issued by a competent Backing of authority in Her Majesty's dominions for the apprehension of a British warrant issued subject, who is charged with having committed a crime or offence within dominions. the jurisdiction of the authority issuing the warrant or order, and who is, or is supposed to be, in China, or Japan, and the warrant or order is produced to any Court, the Court may back the warrant or order; and the same, when so backed, shall be sufficient authority to any person to whom the warrant or order was originally directed and also to any constable or other officer of the Court by which it is backed, to apprehend the accused at any place where the Court by which the warrant or order is backed has jurisdiction, and to carry him to and deliver him up in Her Majesty's dominions according to the warrant or order.

67. Where any person is charged with the commission of a crime or sending of offence, the cognizance whereof appertains to any of Her Majesty's Courts prisoner to

Hongkong for in China or Japan, and it is expedient that the crime or offence be enquired trial. of, tried, determined, and punished within Her Majesty's dominions, the accused may (under the Foreign Jurisdiction Act, section 4), be sent for trial to Hongkong.

The Judge of the Supreme Court may, where it appears expedient, by warrant under h's hand and the seal of the Supreme Court, cause the accused to be taken for trial to Hongkong accordingly.

　　　　　　Where any person is to be so taken to Hongkong, the Court before which he is charged shall take the preliminary examination, and shall send the depositions to Hongkong, and (if it seems necessary or proper) may bind over such of the proper witness s as are British subjects in their own recognizances to appear and give evidence on the trial.

Court,-Jury,

　　　　　　68. All crimes which in England are capital shall be tried by the Supreme Judge of the Supreme Court with a jury.

　　　　　　Summary jurisdiction.

Sentence of

death,

Provincial Consular Court,- Procedure,

and extent of Punishment.

Reservation

　　　　　　　of case by Provincial for

ORDER IN COUNCIL.

Other crimes aud offences above the degree of misdemeanour, tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court, and not heard and determined in a summary way, shall be tried with a jury.

Any crime or offence tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court, may be tried with a Jury, where the Judge, Assistant Judge, or Law Secretary so directs.

Subject to the foregoing provision, such classes of criminal cases tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court, as the Judge, having regard to the Law and practice existing in England, from time to time directs, shall be heard and determined in a summary way.

69. Where any person is sentenced to suffer the punishment of death, the Judge of the Supreme Court shall forthwith send a report of the sentence, with a copy of the minutes of proceedings and notes of evidence in the case and with any observations the Judge thinks fit, to Her Ma- jesty's Minister in China or in Japan, according as the crime is committed in China or in Japan.

　The sentence shall not be carried into execution without the direction of Her Majesty's Minister in China or in Japan (as the case may be) in writing under his hand.

In any such case, if Her Majesty's Minister in China in or Japan (as the case may be) does not direct that the sentence of death be carried into execution, he shall direct what punishment in lieu of the punish- ment of death is to be inflicted on the person convicted, and the person convicted shall be liable to be so punished accordingly.

　70. Where the crime or offence with which any person is charged before a Provincial Court is any crime or offence other than assault endangering life, cutting, maiming, arson, or house-breaking, and appears to the Court to be such that, if proved, it would be adequately punished by imprisonment, with or without hard labour, for a term not exceeding three months, or by a fine not exceeding 200 dollars, the Court shall hear and determine the case in a summary way, and without Assessors.

　In other cases the Court shall hear and determine the case on indict- ment and with Assessors (subject to the provisions of this Order respect- ing inability to obtain an Assessor).

　71. A provincial Court may impose the punishment of imprisonment for any term not exceeding twelve months, with or without hard labour, and with or without a fine not exceeding 1,000 dollars, or the punishment of a fine not exceeding 1,000 dollars without imprisonment.

72. Where the crime or offence with which any person is charged before a Provincial Court appears to the Court to be such that, if proved, Supreme Court, it would not be adequately punished by such punishment as the Court has power to impos, and the accused is not to be sent for trial to Her Majesty's dominions, the Court shall reserve the case to be heard and determined by or under the special authority of the Supreme Court.

　　　　　　　Punishment in England to be regarded.

　The Provincial Court shall take the depositions, and forthwith send them, with a minute of other evidence, if any, and report on the case, to the Supreme Court.

　The Supreme Court shall direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the same shall be so heard and determined accordingly.

　73. Every Court and authority in imposing and inflicting punish- ments, and Her Majesty's Ministers in China and Japan in directing what punishement is to be inflicted in lieu of the punishment of death, shall have regard, as far as circumstances admit, and subject to the other provisions of this Order, to the punishments imposed by the law of Eng-

H. B. M. SUBJECTS IN CHINA AND JAPAN.

land in like cases, and to the mode in which the same are inflicted in England.

offender;

74 Any Court (but, in the case of a Provincial Court, subject to the Payment of approval of the Supreme Court), may order any person convicted before expenses by it of any crime or offence to pay all or any part of the expenses of, or preliminary to, his trial and of his imprisonment or other punishment.

75. Where it appears to any Court that any charge made before it is or by accuser: malicious, or is frivolous and vexatious, the Court may order all or any part of the expenses of the prosecution to be paid by the person making the charge.

　　　　　　76. In either of the two last-mentioned cases, the amount ordered to Recovery of be paid shall be deemed a debt due to the Crown, and may by virtue expenses. of the order, without further proceedings, be levied on the property of the person convicted or making the charge, as the case may be.

remission of punishment

77. Where any punishment has been awarded by the Supreme or Mitigation or any other Court, then, if the circumstances of the case make it just or. expedient, the Judge of the Supreme Court may at any time, and from time to time, report to one of Her Majesty's Principal Secretaries of State, or to Her Majesty's Minister in China or in Japan (according as the crime or offence was committed in China or Japan) recommending a a mitigation or remission of the punishment; and on such recommendation any such punishment may be mitigated or remitted by direction of the authority to whom the report is made.

But no such recommendation shall be made with respect to any punishment awarded by a Provincial Court, except on the recommendation of that Court, or on the dissent of an Assessor (if any) from the conviction, or from the amount of punishment awarded.

78. The Judge of the Supreme Court may, where it seems expedient, Place of by warrant under his hand and the seal of the Supreme Court, cause any in China or

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　imprisonment offender convicted before any Court and sentenced to imprisonment, to be Japan. taken to and imprisoned at any place in China or in Japan, from time to time approved by one of Her Majesty's Principal Secretaries of State as a place of imprisonment for offenders.

　　　　　　A warrant of the Supreme Court shall be sufficient authority to the Governor or keeper of such place of imprisonment, or other persons to whom it is directed, to receive and detain there the person therein named, according to the warrant.

in British

　　　　　　79. Where any offender convicted before a Court in China or in Japan Imprisonment is sentenced to suffer imprisonment in respect of the crime or offence of dominions. which he is convicted, and it is expedient that the sentence be carried into effect within Her Majesty's dominions, the offender may (under The Foreign Jurisdiction Act, section 5) be sent for imprisonment to Hongkong.

　　　　　　The Judge of the Supreme Court may, where it seems expedient, by warrant under his hand and the seal of the Supreme Court, cause the offender to be taken to Hongkong, in order that the sentence passed on him may be there carried into effect accordingly.

cases, reporta

　　　　　　80. The Judge of the Supreme Court, shall, when required by one of In criminal Her Majesty's Principal Secretaries of State, send the Secretary of State to Secretary a report of the sentence passed by the Judge, Assistant Judge, or Law of Stato. Secretary of the Court in every case not heard and determined in a sum- mary way, with a copy of the minutes of proceedings and notes of evidence, and the Judge may send with such report any observations he thinks fit.

　　　　　　Every Provincial Court shall forthwith send to the Judge of the Supreme Court a report of the sentence passed by it in every case not heard and determined in a summary way, with a copy of the minutes of proceedings and notes of evidence, and with any observations the

Panishment for

ORDER IN COUNCIL..

Court thinks fit. The Judge of the Supreme Court shall, when required by one of Her Majesty's Principal Secretaries of State, transmit the same to the Secretary of State, and may send therewith any observations he thinks fit.

VI.--WAR, INSURRECTION, OR REBELLION.

81. If any British subject commits any of the following offences, that

evying war, &c. is to say :-

　　　　　　　　　Punishment for Berving with Forces of Emperor of China, without icence.

　　　　　　　　Report by Provincial Court.

　　　　　　　　　　　Penalties for violation of Treaties.

　　　　　　　Regulations for China.

(1) In China, while Her Majesty is at peace with the Emperor of China, levies war or takes part in any operation of war against the Emperor of China, or aids or abets any person in carrying on war, insurrection, or rebellion against the Emperor of China. (2.) In Japan, while Her Majesty is at peace with the Tycoon of Japan, levies war or takes part in any operation of war against the Tycoon of Japan, or aids or abets any persons in carrying on war, insurrec- ton, or rebellion, against the Tycoon of Japan; every person so offending shall be d emed guilty of a misdemeanour, and on con- viction thereof shall be liable (in the discretion of the Court before which he is convicted) to be punished by imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding 5,000 dollars, or by a fine not exceeding 5,000 dollars without imprisonment.

　　In addition to such punishment every such conviction shall of itself, and without further proceedings, make the person convicted liable to deportation; and the Court before which he is convicted may order that he be deported from China or Japan to such place as the Court directs.

　　82. If any British subject, without the licence of Her Majesty (proof whereof shall lie on the party accused) takes part in any operation of war in the service of the Emperor of China against any person engaged in carrying on war, insurrection, or rebellion against the Emperor of China, he shall be deemed guilty of a misdemeanour, and on conviction thereof shall be liable (in the discretion of the Court before which he is convicted) to be punished by imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding 5,000 dollars, or by a fine not exceeding 5,000 dollars without imprison-

ment.

　　83. If the Court before which any person charged with having com- mitted such a misdemeanouras in the two last preceding Articles mentioned is brought is a Provincial Court, the Court shall report to the Judge of the Supreme Court the pendency of the case.

　　The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accord- ingly.

VII. TREATIES AND REGULATIONS.

84. If any British subject in China or in Japan violates or fails to observe any stipulation of any Treaty between Her Majesty, her heirs or successors, and the Emperor of China, or the Tycoon of Japan, for the time being in force, in respect of the violation whereof any penalty is stipulated for in the Treaty, he shall be deemed guilty of an offence against the Treaty, and on conviction thereof under this Order shall be liable to a penalty not exceeding the penalty stipulated for in the Treaty.

85. Her Majesty's Minis er in China may from time to time make such Regulations as seem fit for the peace, order, and good government of British subjects resident in or resorting to China, and for the observance of the stipulations of Treaties between Her Majesty, her heirs or successors, and the Emperor of China, and for maintenance of friendly relations

H. B. M. SUBJECTS IN CHINA AND JAPAN.

between British subjects and Chinese subjects and authorities, and may make any such regulations apply either throughout China or to some one or more of the Consular districts in China, and may by any such Regula- tions repeal or alter any Regulations made for any such purpose as aforesaid before the commencement of this Order.

Any such Regulations shall not have effect unless and until they are approved by Her Majesty, such approval being signified through one of Her Majesty's Principal Secretaries of State, save that in case of urgency, declared in any such Regulation, the same shall have effect unless and until they are disapproved by Her Majesty, such disapproval being signified through one of Her Majesty's Principal Secretaries of State, and notification of such disapproval is received and published by Her Majesty's Minister in China.

　　　　　86. Such Regulations may impose penalties for offences against the same, as follows: namely,-for each offence imprisonment for any term. not exceeding three months, with or without hard labour, and with or without a fine not exceeding 500 dollars, or a fine not exceeding 500 dollars, without imprisonment,-and with or without further fine for continuing offences not exceeding in any case 25 dollars for each day during which the offence continues after the original fine is incurred, but so that all such Regulations be so framed as to allow in every case of part only of the maximum penalty being inflicted.

Penalties.

　　　　　87. All such Regulations shall be printed, and a printed copy thereof Publication, shall be affixed and at all times kept exhibited conspicuously in the public office of each Consular Officer in China, to whose district the Regulations apply.

　　　　　Printed copies of the Regulations applicable to each district shall be provided and sold therein at such reasonable prices as Her Majesty's Minister in China from time to time directs.

　　　　　88. No penalty shall be enforced in any Consular district for any When penalties offence against any such Regulation until the regulation has been so affixed enforceable, and kept exhibited in the public office of the Consular Officer for that district during one month.

89. For the purpose of convicting any person committing an offence Froof of against any such Regulation, and for all other purposes, a printed copy of Regulations. the Regulation purporting to be certified under the hand of Her Majesty's Minister in China, or under the hand and consular seal of one of Her Majesty's Consular Officers in China, shall be conclusive evidence of the Regulation; and no proof of handwriting or seal purporting to certify same shall be required.

　　　　　90. The foregoing provisions relative to the making, printing, publica- Regulations for tion, enforcement, and proof of Regulations in and for China shall extend Japan. and apply, mutatis mutandis, to the making, printing, publication, enforce- ment, and proof of Regulations in and for Japan, with the substitution only of Japan for China, and of the Tycoon of Japan for the Emperor of China, and of Her Majesty's Minister in Japan for Her Majesty's Minister in China, and of Her Majesty's Consular Officers in Japan for Her Ma- jesty's Consular Officers in China.

　　　　　91. Any charge under this Order of an offence against any Treaty or Trial of offencea against any such Regulation as aforesaid, shall be enquired of, heard, and determined in like manner in all respects as any ordinary criminal charge may be inquired of, heard, and determined under this Order, subject only to this qualification, that (notwithstanding anything in this Order) every charge of an offence against any Treaty or against any Regulation for the observance of the stipulations of any Treaty shall be heard and determined in a summary way, and (where the proceeding is before a Provincial Court)

without Assessors.

Trade except to

open ports unlawful.

Report of Provincial Court.

Seizure of vessel, &o,

Regulations as to entering

waters, &o.

Penalties and proceedings.

ORDER IN COUNCIL.

VIII. UNLAWFUL TRADE WITH JAPAN.

92. All trade of British subjects in, to, or from any part of Japan, except such ports and towns as are for the time being open to British subjects by Treaty between Her Majesty, her heirs or successors, and the Tycoon of Japan, is hereby declared unlawful.

If any person engages in such trade as a principal, agent, ship-owner, ship-master, or supercargo, he shall be deemed guilty of a misdemeanour, and on conviction thereof shall be liable to be punished (in the discretion of the Court before which he is convicted) by imprisonment for any term not exceeding two years with or without hard labour, and with or without a fine not exceeding 10,000 dollars without imprisonment.

93. If the Court before which any person charged with having committed such a misdemeanour is brought is a Provincial Court, the Court shall report to the Judge of the Supreme Court the pendency of the case.

The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard aud determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accordingly.

94. The Officer commanding any of Her Majesty's vessels of war, or any of Her Majesty's Naval Officers authorised in this behalf by the Officer having the Command of Her Majesty's Naval Forces in Japan, by writing under his hand may seize any British vessel engaged or reasonably suspected of being or having been engaged in any trade by this Order declared unlawful, and may either detain the vessel, with the master, officers, supercargo, crew, and other persons engaged in navigating the vessel, or any of them, or take or cause to be taken the vessel, and the master, officers, supercargo, crew, and other persons aforesaid, or any of them, to any port or place in Japan or elsewhere, convenient for the prosecution of a charge for the misdemeanour alleged to have been committed.

•

Any such vessel, master, officers, supercargo, crew, and persons may lawfully be detained at the place of seizure, or at the port or place to which the vessel is so taken, under the authority of any such officer, or of any of Her Majesty's Consular Officers in China or Japan, until the conclusion of any proceedings taken in respect of such misdemeanour.

IX.-JAPANESE Waters.

95. When and as often as it appears to Her Majesty's Minister in Japan that the unrestricted entrance of British vessels into, or the unrestricted passage of British vessels through, any straits or other water in Japan may lead to acts of disturbance or violence, or may otherwise endanger the maintenance of peaceful relations and intercourse between Her Majesty's subjects and the subjects of the Tycoon of Japan, Her Majesty's Minister may make any regulations for prohibiting or for restricting, in such inanner as seems expedient, the entrance or passage of any British vessel (other than a vessel of war of Her Majesty) into or through any such straits or other water as aforesaid, as defined in the Regulation.

Her Majesty's Minister may from time to time revoke or alter any such regulation.

96. The foregoing provisions of this Order relative to the making, printing, publication, enforcement, and proof of Regulations to be made by Her Majesty's Minister in China, and to the mode of proceeding in respect of any charge for an offence against any such Regulations, shall extend and apply, mutatis mutandis, to any Regulation made by Her Majesty's Minister in Japan, as last aforesaid.

H. B. M. SUBJECTS IN CHINA AND JAPAN.

97. If any person navigating a British vessel wilfully violates, or Seizure of vessel wilfully attempts to violate, any such Regulation, the officer commanding any vessel of war of Her Majesty, or in charge of any boat belonging to such vessel of war, may use force for the purpose of compelling him to desist from the violation or attempted violation of the Regulation, and if it appears necessary or expedient may seize the vessel, and such Command- ng Officer may either detain her at the place of seizure, or take her, or cause her to be taken, to any port or place in Japan or elsewhere where the offender may be more conveniently prosecuted for such offence.

　　　　　　Any such vessel may lawfully be detained at the place of seizure, or at the port or place to which she is so taken, under the authority of any such Commanding Officer, or of any of Her Majesty's Consular Officers in Japan until the conclusion of any proceedings taken in respect of the offence.

X. PIRACY.

　　　　　　98. Any British subject being in China or in Japan may be proceeded Jurisdiction 15 against, tried, and punished under this Order for the crime of piracy to piracy. wherever committed.

Provincial Court.

　　　　　　99. If the Court before which a British subject charged with the crime Report by of piracy is brought is a Provincial Court, the Court shall report to the Judge of the Supreme Court the pendency of the case.

XI.-OFFENCES AGAINST RELIGION.

for public insult

institutions,

100. If any British subject is guilty of publicly deriding, mocking, or Punishment in insulting any religion established or observed in China or in Japan-or of summary way publicly offering any insult to any religious service, feast, or ceremony to religion established or kept in any part of China or in Japan, or to any place for or religious worship, tomb, or sanctuary belonging to any such religion, or to the ministers or professors thereof,-or of wilfully committing any act tending to bring any such religion or its ceremonics, mede of worship, or observances into hatred, ridicule, or contempt and thereby to provoke a breach of the public peace, he shall be liable (in the discretion of the Court before which he is convicted) to imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceed- ing 500 dollars, or to a fine not exceeding 500 dollars without imprisonment.

Notwithstanding anything in this Örder, every charge against a British subject of having committed any such offence shall be heard and deter- mined in a summary way, and any Provincial Court shall have to

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　power impose the punishment aforesaid.

　　　　　　Her Majesty's Consular Officers shall take such precautionary measures as seem to them proper and expedient for the prevention of such offences.

and Japan.

XII.-AUTHORITY WITHIN 100 MILES OF THE COAST OF CHINA.

101. Where a British subject, being after the commencement of this Jurisdiction of Order in China or in Japan, is charged with having committed, either Courts in China. before or after the commencement of this Order, any crime or offence within a British vessel at a distance of not more than 100 miles from the coast of China,-or within a Chinese or Japanese vessel at such a distance as aforesaid, or within a vessel not lawfully entitled to claim the protec- tion of the flag of any State, at such distance as aforesaid-any of Her Majesty's Courts in China or in Japan within the jurisdiction whereof he is found may cause him to be apprehended, and brought before it, and may take the preliminary examination and commit him for

trial.

Report by Provincial Court.

ORDER IN COUNCIL.

102. If the Court before which the accused is brought is a Provin- cial Court, the Court shall report to the Judge of the Supreme Court the/ pendency of the case.

　　　　　　　　　　　103. The provisions of this Order relative to crimes and offences, and Application of other provisions. proceedings in criminal matters, shall in all respects, as far as may be, extend and apply to every such case, in like manner as if the crime or offence had been committed in China or Japan.

Jurisdiction at Hongkong.

104. Where a British subject, being after the commencement of this Order in Hongkong, is charged with having committed, either before or after the commencement of this Order, any crime or offence within any British, Chinese, Japanese, or other such vessel at such a distance as aforesaid, the Supreme Court at Hongkong shall have and may exercise. authority and jurisdiction with respect to the crime or offence as fully as if it had been committed in Hongkong.

Military and

105. Her Majesty's Minister in China or in Japan, the Judge or Naval Deserters. Assistant Judge of the Supreme Court, and any of Her Majesty's Consular Officers in China or in Japan, or the Governor or person administering the Government of Hongkong, on receiving satisfactory information that any soldier, sailor, marine, or other person belonging to any of Her Majesty's Military or Naval forces, has deserted therefrom, and has concealed himsef in any British, Chinese, Japanese, or other such vessel at such a distance as aforesaid, may, in pursuance of such information, issue his warrant for a search after and apprehension of such deserter, and on being satisfied on investigation that any person so apprehended is such a deserter, shall cause him to be with all convenient speed taken and delivered over to the nearest military station of Her Majesty's forces or to the officer in com- mand of a vessel of war of Her Majesty serving in China or Japan, as the case may require.

Deportation, in what cases.

Place of Deportation.

Report by Provincial Court,

XIII. DEPORTATION.

106. (i.) When it is shown on oath, to the satisfaction of any of Her Majesty's Courts in China or in Japan that there is reasonable ground to apprehend that any British subject in China or in Japan is about to commit a breach of the public peace, or that the acts or conduct of any British subject in China or in Japan are or is likely to produce or excite to a breach of the public peace,--the Court within the jurisdiction whereof he happens to be may cause him to be brought before it, and require him to give security to the satisfaction of the Court, to keep the peace, or for bis future good behaviour, as the case may require.

(ii.) Where any British subject is convicted, under this Order, of any crime or offence, the Court within the jurisdiction whereof he happens to he may require him to give security to the satisfaction of the Court for his future good behaviour.

In either of the cases, if the person required to give security fails to do so, the Court may order that he be deported from China or Japan to such place as the Court directs.

107. In any case where an order of deportation is made under this Order the Court shall not, without the consent of the person to be deported, direct the deportation of any person to any place other than Hongkong or England.

108. A Provincial Court shall forthwith report to the Judge of the Supreme Court any order of deportation made by it, and the grounds

thereof.

H. B. M. SUBJECTS IN CHINA AND JAPAN.

The Judge of the Supreme Court may reverse the order, or may confirm t with or without variation, and in case of confirmation, shall direct it to le carried into effect.

109. The person to be deported shall be detained in custody until a fit time and opportunity for his deportation arrive.

The Judge of the Supreme Court shall then (and in the case of a person convicted, either after execution of the sentence or while it is in course of execution) by warrant cause him to be taken to the place of depcrtation.

person to

110. The Judge of the Supreme Court may order that the be deported do pay all or any part of the expense of or preliminary to his deportation.

　　　　　　　111. The Judge of the Supreme Court shall forthwith report to one of Her Majesty's Principal Secretaries of State any order of deportation made or confirmed by him, and the grounds thereof, and shall also inform Her Majesty's Ministers in China and Japan of the same.

　　　　　　　112. Where any person is deported to Hongkong, he shall on his arrival there be delivered, with the warrant under which he is deported, into the custody of the Chief Magistrate of Police of Hongkong, or other officer of Her Majesty there lawfully acting as such, who, on receipt of the person deported, with the warrant, shall detain him and shall forthwith report the case to the Governor or person administering the Government of Hongkong, who shall either by warrant (if the circumstances of the case appear to him to make it expedient) cause the person so deported to be taken to England, and in the meantime to be detained in custody (so that the period of such detention do not exceed three months), or else shall discharge him from custody.

　　　　　　　113. If any person deported returns to China or Japan without the permission of one of Her Majesty's Principal Secretaries of State, in writing under his hand (which permission the Secretary of State may give), he shall be guilty of an offence against this Order; and shall be liable on conviction thereof to punishment (in the discretion of the Court before which he is convicted) by imprisonment for any term not exceeding one month, with or without hard labour, and with or without a fine not exceeding 200 dollars, or by a fine not exceeding 200 dollars, without imprisonment, and also to be forthwith again deported in manner berein before provided.

XIV. REGISTRATION OF BRITISH SUBJECTS.

Time of

deportation.

Order for

expenses.

Report of deportation.

Deportation

to and from Hongkong.

Punishment for returning,

tion of residents

114. Every British subject resident in China or Japan,-being of the Annual registra age of 21 years or upwards, or being married, or a widower or widow, though under that age,-- shall, in the month of January in the year 1866. and every subsequent year, register himself or herself in a register to be kept at the Consulate of the Consular district within which he or she resides-subject to this qualification, that the registration of a man shall be deemed to include the registration of his wife (unless she is living apart from him), and that the registration of the head of the family, whether male or female, shall be deemed to include the registration of all females being relatives of the head of the family (in whatever degree of relationship) living under the same roof with the head of the family at the time of his or her registration.

　　　　　　　Every British subject not so resident arriving at any place in China Registration of or Japan where a Consular Officer is maintained, unless borne on the non-residents muster roll of a British vessel there arriving, shall, within one month after his or her arrival, register himself or herself in a register to be kept at the Consular Office, but so that no such person shall be required to register himself or herself more than once in any year, reckled from the 1st day of January.

Any person failing so to register himself or herself, and not excusing Penalty. his or her failure to the satisfaction of the Consular Officer, shall not be

Certificate.

Baita by foreigners

Against British nabjects.

Compulsory

attendance of British subjects before foreign Wibunals.

Leave to appeal to be obtained,

ORDER IN COUNCIL.

entitled to be recognized or protected as a British subject in China or Japan, and shall be liable to a fine not exceeding ten dollars for each instance of such failure.

115. Every person shall on every registration of himself or herself pay a fee of such amount as one of Her Majesty's Principal Secretaries of State from time to time by order under his hand appoints, such amount either to be uniform for all persons, or to vary according to the circums tances of different classes, as the Secretary of State from time to time by such order directs.

116. The Consular Officer shall issue to every person so registered a certificate of registration under his hand and Consular seal; and the name of a wife (unless she is living apart from her husband) shall be indorsed on her husband's certificate; and the names and descriptions of females whose registration is included in that of the head of the family shall be indorsed on the certificate of the head of the family

XV.--FOREIGNERS. FOREIGN TRIBUNALS.

117. Where a foreigner desires to institute or take any suit or proceeding of a civil nature against a British subject, the Supreme or other Court according to its jurisdiction, may entertain the same, and where any such suit or proceeding is entertained shall hear and determine it according to the provisions of this Order, and of the Rules made under it applicable in the case,--either by the Judge, Assistant Judge, Law Secretary, or proper Consular Officer sitting alone (or with Assessors when the case so requires), or, if (in any case where a trial with a jury may be had under this Order) all parties desire, or the Court thinks fit to direct, a trial with a jury, then, but not otherwise, by the Judge, Assistant Judge, Law Secretary, or proper Consular officer, with a jury.

118. Where it is shown to any of Her Majesty's Courts that the attendance of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required in a Chinese or Japanese Court, or before a Chinese or Japanese judicial officer, or in a Court or before a judicial officer in China or Japan of any State in amity with Her Majesty, the Court may, in cases and under circumstances which would require the attendance of that British subject before one of Her Majesty's Courts in China or Japan, and if it seems to the Court just and expedient so to do, make an order for the attendance of the British subject in such Court or before such judicial officer and for such purpose as aforesaid, but so that a Provincial Court shall not have power to make an order for such attendance of a British subject at any place beyond the particular jurisdiction of the Court.

Any British subject duly served with such an order, and with reason- able notice of the time and place at which his attendance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court making the order, shall be liable to a fine not exceeding 500 dollars, or to imprisonment for any term not exceeding one month, in the discretion of the Court.

XVI.-APPEAL TO SUPREME COURT.

1.-In Civil Cases.

　　119. Where any decision of a Provincial Court, sitting with or without Assessors, is given in a civil case in respect of a sum or matter at issue of the amount or value of 250 dollars or upwards, or determines, directly or indirectly, any claim or question respecting property of the amount or value of 250 dollars or upwards,―any party aggrieved by the decision may apply to the Provincial Court for leave to appeal to the Supreme Court, and shall be entitled to leave on the terms prescribed by the Rules made under this Order, and subject to any restrictions and exceptions therein contained.

****འཆག་ན-

H. B. M. SUBJECTS IN CHINA AND JAPAN.

In any other case the Provincial Court may, if it seems just and expedient, give leave to appeal on like terms.

In any case the Supreme Court may give leave to appeal on such terms as seem just.

2.-Criminal Cascs.

On conviction on indictment,

120. Where any person is convicted otherwise than in a summary way of a crime or offence the Court or Officer trying the case may, if it seems fit, question of law reserve for the consideration of the Supreme Court any question of law may be reserved. arising on trial.

The Court or Officer shall then state a special case, setting out the question reserved, with the facts and circumstances on which it arose, and shall send the case to the Supreme Court.

conviction

　　　　　　121. Where any person is convicted in a summary way of a crime or On summary offence, and is dissatisfied with the conviction as being erroneous in point appeal on point of law, the Court or Officer trying the case may on his application in writing, of law to lie. and on compliance by him with any terms prescribed by the Rules made under this Order, state a special case, setting out the facts and the grounds of the conviction, for the opinion of the Supreme Court, and send it to that Court.

judgment or

　　　　　　122. Where a special case is stated, the Court or Officer stating it shall, Postponement of as seems fit, either postpone judgment on the conviction, or respite execution execution. of the judgment, and either commit the prison convicted to prison, or take proper security for him to appear and receive judgment or render himself in execution (as the case may require) at an appointed time and place.

　　　　　　　123. The Supreme Court shall hear and determine the matter, Authority of and thereupon shall reverse, affirm, or amend, the judgment, conviction, Supreme Court. or sentence in question,-or set aside the same, and order an entry to be made in the minutes of proceedings to the effect that in the judgment. of the Supreme Court the person convicted ought not to have been con- victed, or arrest the judgment, or order judgment to be given at a subsequent sitting of the Court or Officer stating the case,-or make such other order as justice requires-shall also givo all necessary and proper consequential directions.

　　　　　　124. The judgment of the Supreme Court shall be delivered in open Proceedings to Court after the public hearing of any argument offered on behalf of the be public, prosecution or of the person convicted.

125. Before delivering judgment the Supreme Court may, if necessary, Amendment ef

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　special case. cause the special case to be amended by the Court or Officer stating it.

　　　　　　126. If on an application for a special case, on a summary conviction, Refusal to state it seems to the Court or Officer that the application is merely frivolous, special case on but not otherwise, the Court or Officer may refuse to state a case.

　　　　　　A Court or Officer so refusing shall forthwith send to the Supreme Court a report of the sentence, with a copy of the minutes of proceedings and notes of evidence, and any observation the Court or Officer thinks fit, and with a copy of the application for a special case.

The Supreme Court shall examine the report and documents so sent, and, unless the Supreme Court is of opinion that the application was merely frivolous, shall, on the application in that behalf of the appellant, if made within one month after the refusal of a special case, proceed to hear and determine the matter according to the foregoing provisions as nearly as may be as if a special case had been stated.

XVII.-RULES OF PROCEDURE.

summary con. viction.

127. The Judge of the Supreme Court may, from time to time, frame Rules to be Rules for any purpose for which it is before in this Order expressed or of Supreme

framed by Judge implied that Rules of procedure or practice are to be made, and also for Court." the regulations of procedure and pleading, forms or writs, and other pro-

Publication of Hules.

Kvilence of Kales.

　　　　　　　　Revocations of existing Rules.

Appeal on

from Supreme

ORDER IN COUNCIL.

ceedings, expenses of witnesses and prosecutions, costs and fees, in civil and in criminal cases, in the Supreme Court and other Courts, including the regulation of cross-suits and the admission of counter-claims, and the regulation of proceedings thereon, and for the regulation of appeals to the Supreme Court from the other Courts in civil and in criminal cases, and of rehearings before the Judge of the Supreme Court, and may thereby impose reasonable penalties.

　　Rules affecting the conduct of civil suits shall be so framed as to secure, as far as may be, that cases shall be decided on their merits accor- ing to substantial justice, without excessive regard to technicalities of pleading or procedure, and without unnecessary delay.

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 prices as the Judge of the Supreme Court from time to time directs.

　No penalties 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 the 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 authorised to make Rules, shall cease to operate.

131.

XVIII. - APPEAL TO HER MAJESTY IN COUNCIL.

Where any final decree or order of the Supreme Court is made question of law 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 ‹r 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.

Court in Civil cases involving 2,500 dollars or upu ards.

　　　　　　　　Xxecution or auspension.

Security on execution.

Security on auspension.

　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 execu- tion, 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 or 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.

H. B. M. SUBJECTS IN CHINA AND JAPAN.

223

　　　　　135. In all cases security shall also be given by the appellant to the Security on satisfaction of the Court to an amount not exceeding 2,500 dollars for the appeal." prosecution of the appeal, and for payment of such costs as may be awarded to any respondent by fler 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 Leave to appea the filing of motion paper for leave to appeal, then, and not otherwise, the Supreme Court may give leave to appeal.

cases,

　　　　　137. In any case other than the case hereinbefore described the Leave in other Supreme Court may give leave to appeal on the terms and in the manner aforesaid if it consider it just or expedient to do so.

ingly.

　　　　　138. In every case where leave to appeal is given as aforesaid, the Liberty to appellant shall be at liberty to prefer and prosecute his appeal to Her appeal accord- 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 Saving for other any time, on the humble petition of a party aggrieved by a decision of the rights of appeal, 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.

question of law

(riminal cases.

140. Where any judgment, order, or sentence of the Supreme Court Appeal on is given, made, or passed in the exercise of either original or appellate from Supreme criminal jurisdiction, the party charged with the crime or offence, if he Court in 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 Supreme 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 affect Her Majesty's Saving for prerogative of pardon.

prerogative of pardon.

powers.

　　　　　142. Except as in this Order expressly provided, nothing in this Order Saving for shall preclude any of Her Majesty's Consular Offic rs in China or in general Consu Japan from performing any act not of a judicial character, that Her Majesty's Consular Officers there might 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 Reconciliation proper opportunity, promote reconciliation, and encourage 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.

before litigation

to signatures

　　　　　144. Every signature or seal affixed to any instrument purporting to Presumption be the signature of the Judge of the Supreme Court, or of any officer or and seals. 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 until 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 be 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 concurred in by them.

　　　　　The minutes, with depositions of witnesses and notes of evidence taken Minutes of at the trial, by the Judge or Officer, shall be preserved in the public office proceedings. of the Court.

Costs in civil

cases.

Witnesses:

ORDER IN COUNCIL.

　146. In a civil case any Court may order such cost or costs, charges, and expenses, as to the Court seem reasonable, to be paid by any party to the proceeding, or out of any fund to which the proceeding relates.

147. Any Court, either of its own motion, or, in civil cases, on the British subjects. application of any party to any suit or proceeding or reference, may summon as a witness any British subject in China or in Japan,-but so that a Provincial Court shall have power so to summon British subjects in its own district only.

　　　　　　　Expenses of witnesses in Civil cases.

Examination on oath,

Perjury.

Enforcing pay. ment of costs, penalties, and other moneys.

Application of fees and other moneys.

　　　　　　　　　Mode of removal of prisoners.

　Any Britishubject, duly served with such a summons, and with reasonable notice of the time and place at which his attendance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court, shall over and above any other liability to which he may be subject, be liable to a fine not exceeding 500 dollars, or to imprisonment for any term not exceeding one month, in the discretion of the Court.

　148. In civil cases any Court may, where the circumstances appear to justify it, order that the expenses of a witness, on his appearing to give evidence, shall be defrayed by the parties or any of them.

　149. Any person appearing before a Court to give evidence in any case, civil or criminal, may be examined or give evidence on oath in the form or with the ceremony that he declares to be binding on his conscience.

　150. Any British subject wilfully giving false evidence in any suit or proceeding, civil or criminal, or on any reference, shall, on conviction thereof, be deemed guilty of wilful corrupt perjury.

　151. All costs and all charges and expenses of witnesses, prosecutions, punishments and deportations, and other charges and expenses, and all fees, fines, forfeitures, and pecuniary penalties payable under this Order, may be levied by distress and seizure and sale of ships, goods, and lands; and no bill of sale, or mortgage, or transfer of property, made with a view to security in regard to crimes or offences committed, or to be committed, shall be of any avail to defeat any provisions of this Order.

　152. All fees, fines, forfeitures, confiscations, and pecuniary penalties by treaty appropriated or payable to the Government of China, or to that of the Tycoon of Japan, shall be carried to the public accounts, and be applied in diminution of the public expenditure on account of Her Majesty's Courts of China and Japan; but if the Government of China or that of the Tycoon of Japan declines to receive any confiscation or pecuniary penalty by treaty appropriated or payable to it, the same shall be applied as other confiscations and pecaniary penalties are applicable.

　153. Whenever under this Order any person is to be taken in custody or otherwise, for trial or imprisonment, or by way of deportation, or for any other purpose to the Supreme Court or elsewhere in China or Japan, or to Hongkong, England, or elsewhere, the Court or other authority by this Order authorized to cause him to be so taken, may for that purpose (if necessary) cause him to be embarked on board one of Her Majesty's vessels of war, or if there is no such vessel available, then on board any British or other fit vessel, at any port or place, whether within or beyond the particular jurisdiction or district of that Court or authority, and in order to such embarkment may (if necessary) cause him to be taken in custody or otherwise, by land or by water, from any place to the port or place of embarkinent.

The writ, order or warrant of the Supreme Court for China and Japan, or of a Provincial Court in China or Japan, or of the Supreme Court of Hongkong, or the warrant of the Governor or person administering the Government of Hongkong (as the case may be), by virtue whereof any person is to be so taken, shall be sufficient authority to every constable, officer, or other person acting thereunder, and to the commander or master of any vessel of war, or other vessel (whether the constable, officer, or other

H. B. M. SUBJECTS IN CHINA AND JAPAN.

person, or the vessel or the commander or master thereof, is named therein or not), to receive, detain, take, and deliver up such person, according to the writ, order, or warrant.

　　　　　　　　Where the writ, order, or warrant is executed under the immediate direction of the Court or authority issuing it, the wri, order, or warrant shall be delivered to the constable, officer, or other person acting there- under, and a duplicate thereof shall be delivered to the commander or master of any vessel in which the person to whom the writ, order, or warrant relates is embarked.

　　　　　　　Where the writ, order, or warrant issues from the Supreme Court for China and Japan, and is executed by a Provincial Court in China or Japan, and where the writ, order, or warrant issues from the Supreme. Court of Hongkong, and is executed by any of Her Majesty's Courts in China or Japan,-a copy thereof, certified under the seal of the Court executing the same, shall be delivered to the constable, officer, or other person acting thereunder, and to the commander or master of any vessel in which the person taken is embarked; and any such copy shall be for all purposes conclusive evidence of the Order of which it purports to be a copy.

154. Subject to the other provisions of this Order, all expenses of Expenses of removal of prisoners and others from or to any place in China or Japan, prisoners, &c. or from or to Hongkong, and the expenses of deportation and of the sending of any person to England, shall be defrayed as the expenses relating to distressed British subjects are defrayed, or in such other manner as one of Her Majesty's Principal Secretaries of State from time to time directs.

removal of

155. 1f any British subject wilfully obstructs, by act or threat, an Punishment for officer of a Court in the performance of his duty,-

obstructions or disturbance of

Or within or close to the room or place where a Court is sitting Court. wilfully behaves in a violent, threatening, or disrespectful manner, to the disturbance of the Court, or the terror of the suitors or others resorting thereto,-

Or wilfully insults the Judge, Assistant Judge, or Law Secretary of the Supreme Court, or any Consular Officer, or any Juror or Assessor, or any clerk or officer of a Court during his sitting or attendance in Court, or in going to or returning from Court,-

He shall be liable to be immediately apprehended by order of the Court, and to be detained until the rising of the Court, and further, on due inquiry and consideration, to be punished with a fine not exceeding 25 dollars, or imprisonment for any term not exceeding seven days, at the discretion of the Court, according to the nature and circumstances of the case.

　　　　　　　A minute shall be made and kept of every such case of punishment, recording the facts of the offence and the extent of the punishment, and in the case of a Provincial Court a copy of such minute shall be forthwith sent to the Supreme Court.

156. If any clerk or officer of a Court acting under pretence of the Misconduct of process or authority of the Court is charged with extortion, or with not duly officers of Court. paying any money levied, or with other misconduct, the Court may (without prejudice to any other liability or punishment to which the clerk or officer would in the absence of the present provision be liable) enquire into the charge in a summary way, and for that purpose summon and enforce the attendance of all necessary persons in like manner as the attendance of witnesses and others may be enforced in a suit, and make such order thereupon for the repayment of any money extorted or for the due payment order for re- of any money levied, and for the payment of such damages and costs as payment.

Fine.

　　　　　　　　Saits for things done under Order.

Backing of

warrant or order.

Jurisdiction at Macao.

Abolition of

urisdiction of

ORDER IN COUNCIL.

the Court thinks just; and the Court may also, if it thinks fit, impose such fine upon the clerk or officer, not exceeding 50 dollars for each offence, as seems just.

157. Any suit or proceeding shall not be commenced in any of Her Majesty's Courts in China or Japan or in any Court of Hongkong, against any person for anything done or omitted in pursuance or execution or intended execution of this Order, or of any Regulation or Rule made under it, unless notice in writing is given by the intending plaintiff or prosecutor to the intended defendant one month at least before the commencement of the suit or proceeding, nor unless it is commenced within three months next after the act or omission complained of, or, in case of continuation of damages, within three months next after the doing of such damages has ceased.

The plaintiff in any suit shall not succeed if tender of sufficient amends is made by the defendant before the commencement thereof; and if no tender is made, the defendant may, by, leave of the Court, at any time pay into Court such sum of money as he thinks fit, whereupon such proceeding and order shall be bad and made in and by the Court as may be had and made on the payment of money into Court in an ordinary suit.

XX. HONGKONG.

　158. Where a warrant or order of arrest is issued by any of Her Majesty's Courts in China or Japan for the apprehension of a British subject, who is charged with having committed a crime or offence witnin the jurisdiction of the Court issuing the warrant or order, and who is or is supposed to be in Hongkong, and the warrant or order is produced to any of Her Majesty's Justices of the Peace in and for Hongkong, such Justice may back the warrant or order, and the same when so backed shall be sufficient authority to the person to whom the warrant or order was originally directed, and also to any constable or other peace officer in and for Hongkong, to apprehend the accused in Hongkong, and to carry him to and deliver him up within the jurisdiction of the Court issuing the warrant or order, according to the warrant or order.

　159. The Supreme Court of Hongkong may take cognizance of offences committed by British subjects within the peninsula of Macao, and of suits originating there, when the party offending or the party sued comes or is found within the jurisdiction of that Court; but that Court shall not have power to issue any warrant or writ to be executed or served within that peninsula.

160. Save as expressly provided by this Order, all jurisdiction, power, Court in China and authority of the Supreme Court of Hongkong exercisable in relation to British subjects resident in or resorting to China or Japan, shall, from the commencement of this Order, absolutely cease.

and Japan.

Order and Ordinances repealed.

Saving for pending proceedings.

XXI.-REPEALS.

　161. From and immediately after the commencement of this Order, the Orders in Council or any Consular Ordinances described in the Schedule to this Order shall be repealed; but this repeal shall not affect the past operation of any such Order or Ordinance, or any appointment made or thing done, or right, title, obligation, or liability acquired or accrued thereunder before the commencement of this Order.

XXII. PENDING PROCEEDINGS.

　162. Nothing in this Order, or in any Rules made under it, shall apply to or in any manner affect any suit or proceeding, either of a civil or of a criminal nature, pending at the coumencement of this Order, either with reference to the original proceedings therein or with reference

H. B. M. SUBJECTS IN CHINA AND JAPAN.

to any appeal therein, or otherwise, subject nevertheless to the following provisions and qualifications:-

(1.) All suits and proceedings, whether of a civil or of a criminal nature, instituted or taken before the commencement of this Order in the district of the Consulate of Shanghai, and pending at the commencement of this Order, are hereby transferred to the jurisdiction of the Supreme Court, and the same may be carried on and shall be tried, heard, and determined in and by the Supreme Court in like manner as nearly as may be in all respects as if the same had been instituted or taken in the district of the Consulate of Shanghai after the commencement of this Order. (2.) In any suit or proceeding, whether of a civil or of a criminal nature, the Court before which the same is pending at the com- mencement of this Order, after hearing the parties, either of its own motion, or on the application of either party, or by consent, may, if it sees fit, from time to time direct that the procedure and practice prescribed by this Order, or by any Rule made under it, be followed in any respect.

Appeals in

　　　　　163. Nothing in this Order shall take away any right of appeal of any pending suite suit of a civil nature pending at the commencement of this Order, -or inter- fere with the bringing or prosecution of any appeal in any such suit that might have been brought or prosecuted if this Order had not been made,

any

　　　　or take away or abridge any jurisdiction, power, or authority of any Court, Judge, Officer, or person in relation to any appeal in any such suit, or to the execution or enforcement of any judgment, decree, or order made before or after the commencement of this Order, in or r. specting any appeal in such suit; and notwithstanding this Order, any appeal in any such suit shall lie and may be brought and prosecuted, and any such judgment, decree, or order may be made, executed, and enforced in like manner and with the like effect and consequences in all respects as if this Order had not been made subject only to this qualification: that in case of any appeal which, if this Order had not been made, would have lain or been heard and determined to or by the Chief Superintendent, or to or by Her Majesty's Consul-General in Japan, the same shall lie to and be heard and determined by the Supreme Court in a like course of procedure as nearly as may be in all respects as if this Order had not been made.

XXIII.-COMMENCEMENT AND PUBLICATION OF ORder.

---

164. This Order shall commence and have effect as follows

(1.) As to the making of any warrant or appointment under this Order, immediately from and after the making of this Order : (2.) As to the framing of Rules by the Judge of the Supreme Court, and the approval thereof by one of Her Majesty's Principal Secretaries of State, immediately from and after the first appoint- ment under this Order of a Judge of the Supreme Court: (3.) As to all other matters and provisions comprised and contained in this Order, immediately from and after the expiration of one month after this Order is first exhibited in the public office of Her Majesty's Consul at Shanghai; for which purpose Her Majesty's Consul at Shanghai is hereby required forthwith, on receipt by him of a copy of this Order, to affix and exhibit the same conspicuously in his public office, and he is also hereby required to keep the same so affixed and exhibited during one month from the first exhibition thereof and of the time of such first exhibition notice shall, as soon thereafter as practicable, be published in every Consular District in China and in Japan, in such manner as Her Majesty's Ministers there respectively direct.

Times of com. menecment.

→

Proclamation of Order.

ORDER IN COUNCIL.

And, notwithstanding anything in this Order, the time of the expiration of the said month shall be deemed to be the time of the commencement of this Order.

　165. A copy of this Order shall be kept exhibited conspicuously in each Court and Consulate in China and in Japan.

　Printed copies shall be provided and sold at such reasonable prices as Her Majesty's Minister in China directs.

　And the Right Honourable the Earl Russell, and the Right Honour- able Edward Cardwell, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.

(Signed)

EDMUND HARRISON.

The SCHEDULE to which the foregoing Order refers.

Orders in Council Repealed.

CHINA.

JAPAN.

9 DECEMBER,

1833 (Two Orders.) 23 JANUARY,

1860

4 JANUARY,

1843

4 FEBRUARY,

1861

24 FEBRUARY,

1843

12 SEPTEMBER,

1863

2 OCTOBER,

1843

7 JANUARY,

1864

17 APRIL,

1844

13 JUNE,

1853

2 FEBRUARY,

1857

3 MARCH,

1859

12 SEPTEMBER,

1863

9 JULY,

1864

Consular Ordinances Repealed.

No. 1.-19 JANUARY, 1854. Deserters.

No. 2.-31 MARCH, 1854.

Lunatics; Coroner.

No. 1.-17 JANUARY,

1855.

Neutrality.

No. 1. 5 MARCH,

1856.

Insolvents.

No. 2.-29 MAY,

1856.

Removal of Prisoners, &c.

CHINA AND JAPAN ORDER IN COUNCIL, 1877.

THE CHINA AND JAPAN ORDER IN COUNCIL, 1877.

AT THE COURT AT WINDSOR, THE 30TH DAY

OF APRIL, 1877.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

　　　　　　Whereas by The China and Japan Order in Council, 1865, Her Majesty the Queen was pleased, by the advice of Her Privy Council, to make provision for the exercise of Her Majesty's power and jurisdiction over Her Majesty's subjects resident in or resorting to China or Japan:

　　　　　　And whereas in China and Japan additional ports may be from time to time opened to foreign trade, and it is expedient to provide for the exercise at those ports of Her Majesty's power and jurisdiction before the establishment there of Commissioned Consular Officers:

　　　　　　Now, therefore, Her Majesty, by virtue of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1875, and by the Act of the Session of the sixth and seventh years of Her Majesty's Reign, chapter eighty, "for the better government of Her Majesty's subjects resorting to China," or otherwise, in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

　　　　　　1. The provisions of Article 25 of the China and Japan Order in Council, 1865, and all provisions of that Order consequent thereon or relative thereto, shall extend and apply to every person (not holding a Consular Commission from Her Majesty) from time to time appointed by Her Majesty's Minister in China or Japan to be Acting Consul, and to be resident at a port in China or Japan, which is for the time being open to foreign trade, and at which no Commissioned Consular Officer of Her Majesty is resident.

2.--For the purposes and within the meaning of the said Order, every person so appointed as an Acting Consul shall be deemed a Consular Officer, and the district for which he is appointed to act shall be deemed a Consular District, and the Court held by him shall be deemed a Provincial Court.

　　　　　　3. Words in this Order have the same meaning as in the said Order.

C. L. PEEL.

THE CHINA AND JAPAN ORDER IN COUNCIL, 1878.

AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT, THE 14TH DAY

OF AUGUST, 1878.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

Whereas Her Majesty the Queen has power and jurisdiction over Her Majesty's subjects resident in or resorting to China and Japan:

　　　　　Now, therefore, Her Majesty, by virtue of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1875, and by the Act of Parliament of the session of the sixth and seventh years of Her Majesty's reign (chapter 80), "for the better government of Her Majesty's subjects resorting to China," or otherwise, in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

Preliminary.

　1.- This Order may be cited as "The China and Japan Order in Council, 1878." 2.-This Order shall commence and have effect as follows :-

(a.) As to the making of any warrant or appointment under this Order, imme- diately from and after the making of this Order.

　　　　　(b.) As to all other matters and provisions comprised and contained in this Order, immediately from and after the expiration of one month after this Order is first exhibited in the public office of Her Majesty's Consul-General for the district of the Consulate at Shanghai; for which purpose Her Majesty's Consul-General or other principal Consular Officer for the time being for that district is hereby required forth- with, on receipt by him from Her Majesty's Minister in China of a copy of this Order, with instructions in this behalf, to affix and exhibit this Order conspicuously in that public office, and to keep the same affixed and exhibited during one month there- after;

of the time of which first exhibition notice shall be published as soon there- after as practicable in each Consular district in China and in Japan, in such manner as Her Majesty's Ministers there respectively direct; and the time of the expiration of that month shall be deemed the time of the commencement of this Order.

　　　　3.-(1.) Articles 9 to 22, both inclusive, of the China and Japan Order in Council, 1865, are hereby revoked.

(2.) Articles 36 and 37 of that Order are hereby revoked as regards Japan only. (3.) In this Order "The Secretary of State" means one of Her Majesty's Principal Secretaries of State.

(4.) Subject to the foregoing provisions, this Order shall be read as one with the China and Japan Order in Council, 1865.

　　　　(5.) A copy of this Order shall be kept exhibited conspicuously in each Court. and Consulate in China and in Japan.

　　　　(6.) Printed copies thereof shall be provided, and shall be sold at such reason. able price as Her Majesty's Ministers there respectively direct.

CHINA AND JAPAN ORDER IN COUNCIL, 1878.

Supreme Court for China and Japan.

4.-(1.) There shall be a Chief Justice and an Assistant-Judge of the Snpreme Court of China and Japan.

　　　　　　　(2.) The Assistant-Judge shall be the Registrar of the Supreme Court; and the office of Law Secretary of the Supreme Court is hereby abolished.

　　　　　　　(3) The Assistant-Judge shall hear and determine sucli causes and matters, civil and criminal, and transact such other part of the business of the Supreme Court, as the Chief Justice from time to time by general order, or otherwise, directs; and for that purpose the Assistant Judge shall have all the like jurisdiction, power, and authority as the Chief Justice.

　　　　　　　(4.) Any party to a suit or proceeding wherein any matter or question is heard and determined by the Assistant-Judge shall be entitled, as of course, to a rehearing before the Chief Justice, sitting with the Assistant-Judge, or, in the unavoidable absence of the Assistant-Judge, alone.

(5.) If, on any such rehearing, there is a difference of opinion between the Chief Justice and the Assistant-Judge, the opinion of the Chief Justice shall prevail.

　　　　　　　(6.) Throughout the China and Japan Order in Council, 1865, and the Rules made thereunder, the Chief Justice of the Supreme Court shall, as regards China, be deemed to be therein substituted for the Judge of the Supreme Court.

　　　　　　　(7.) There shall be attached to the Supreme Court a Chief Clerk, and so many officers and clerks as the Secretary of State from time to time thinks fit.

Court of Japan.

　　　　　　　5.-(1.) There shall be in and for Japan a Court styled Her Britannic Majesty's Court for Japan.

　　　　　　　(2.) The Court for Japan shall have a seal, bearing its style and such device as the Secretary of State from time to time directs.

　　　　　　　(3.) The Court for Japan shall hold its ordinary sittings at Kanagawa, or, on emergency, at any other place within the district of the Consulate of Kanagawa, but may at any time transfer its ordinary sittings to any place in Japan approved by the Secretary of State or by Her Majesty's Minister in Japan.

(4.) There shall be a Judge and an Assistant-Judge of the Court for Japan. (5.) The Assistant-Judge shall hear and determine such causes and matters, civil and criminal, and transact such other part of the business of the Court, as the Judge from time to time by general order, or otherwise, directs; and for that purpose the Assistant-Judge shall have all the like jurisdiction, power, and authority as the Judge.

(6.) Any party to a suit or proceeding wherein auy matter or question is heard and determined by the Assistant-Judge shall be entitled, as of course, to a rehearing before the Judge, sitting with the Assistant-Judge, or, in the unavoidable absence of the Assistant-Judge, alone.

(7.) If, on any such rehearing, there is a difference of opinion between the Judge and the Assistant-Judge, the opinion of the Judge shall prevail.

(8.) In Japan, persons accused of crimes which in England are capital shall be tried by the Judge of the Court for Japan, with a jury, and not otherwise.

(9.) There shall be attached to the Court for Japan a Chief Clerk, and so many officers and clerks as the Secretary of State from time to time thinks fit.

Jurisdiction in Japan.

6.-(1.) Her Majesty's Consul for the district of the Consulate of Kanagawa shall cease to hold and form a Provincial Court,

　　　　　　　(2.) Unless and until the Secretary of State otherwise directs, Her Majesty's Consul for the time being for the district of the Consulate of Kanagawa shall be the Assistant-Judge of the Court for Japan.

　　　　　　　(3.) All Her Majesty's jurisdiction, civil and criminal, exercisable in Japan shall, for and within the district of the Consulate of Kanagawa, be vested in the Court for Japan as its oridinary original jurisdiction.

　　　　　　　(4.) All Her Majesty's jurisdiction, civil and criminal, exercisable in Japan beyond the district of the Consulate of Kanagawa, and not under this Order vested

CHINA AND JAPAN ORDER IN COUNCIL, 1878.

in the Court for Japan, shall, to the extent and in the manner provided by the China and Japan Order in Council, 1865, as modified by this Order, be vested in the Pro- vincial Courts in Japan, each for and within its own district.

　　　　　　(5.) The Court for Japan shall have, in all matters, civil and criminal, an extra- ordinary original jurisdiction throughout Japan, concurrent with the jurisdiction of the several Provincial Courts in Japan, the same to be exercised subject and accord- ing to the provisions of the China and Japan Order in Council, 1865, as modified by this Order.

　　　　　　7.-(1.) Subject to the provisions of this Order, the provisions of the China and Japan Order in Council, 1865, and the Rules in force in the Supreme Court and other Courts in China and Japan made under that Order, shall extend and apply to the Court for Japan, as if the same were a Court (not a Provincial Court) established under the Order.

　　　　　　(2.) For the purpose of the application thereof to the Court for Japan, in Articles 23, 24, 38, 39, 41, 42, 43, 47, 54 to 57, 59, 61, 62, 67, 68, 69, 72, 74, 77 to 80, 83, 93, 99, 102, 105, 108 to 111, 117, 119, 120 to 126, 144, 153, 155, all inclusive, of that Order, and throughout those Rules, there shall, as regards Japan, be deemed to be substituted Japan for China or for China and Japan, Kanagawa for Shanghai, the Court for Japan for the Supreme Court for China and Japan, and the Judge and Assistant-Judge of the Court for Japan for the Judge and Assistant-Judge of the Supreme Court; but not so as to affect those Articles and Rules as regards operation thereof in and for China.

　　　　　　8(1.) Article 119 of the China and Japan Order in Council, 1865, relative to appeals in civil cases to the Supreme Court for China and Japan, shall extend and apply to appeals from decisions of the Court for Japan, as if the same were a Pro- vincial Court within that Article; and that Article, and the Rules therein referred to, shall accordingly, notwithstanding anything in this Order, apply to appeals from the Court for Japan to the Supreme Court for China and Japan; but the last mentioned appeals shall not be heard except by the Chief Justice of the Supreme Court, sitting with the Assistant-Judge of that Court, or, in the unavoidable absence of the Assistant-Judge, alone.

　　　　　　(2.) If, on any such appeal, there is a difference of opinion between the Chief Justice and the Assistant-Judge, the opinion of the Chief Justice shall prevail.

　　　　　　(3.) Articles 120 to 126, both inclusive, of the China and Japan Order in Council, 1865, relative to appeals to the Supreme Court for China and Japan in criminal cases, shall extend and apply to appeals to that Court in criminal cases from decisions of the Court for Japan, both in cases originally tried in the Court for Japan and in cases brought by virtue of this Order before that Court, under those Articles, by way of appeal from any Court or Officer in Japan; and, for the purposes of this Article, the Court for Japan shall, in cases so brought before it by way of appeal, be deemed to be the Court trying the case.

Judges in China and Japan.

　　　　　　9. (1.) The Chief Justice and Assistant-Judge of the Supreme Court and the Judge and Assistant-Judge of the Court for Japan shall each be appointed by Her Majesty by warrant under Her Royal Sign Manual, subject and according to Árticle 23 of the China and Japan Order in Council, 1865.

(2.) The Chief Justice and the Judge shall each be a subject of Her Majesty by birth or naturalization, who, at the time of his appointment, is a member of the Bar of England, Scotland, or Ireland, of not less than seven years' standing.

10.-(1.) In the case of the death or illness, or the absence or intended absence from the district of the Consulate of Shanghai, of the Chief Justice or of the Assistant-Judge of the Supreme Court, Her Majesty's Minister in China may appoint a fit person to be the Acting Chief Justice or to be the Acting Assistant-Judge (as the case may require): but, unless in any case the Secretary of State otherwise directs, the Assistant- Judge, if present and able to act, shall always be appointed to be Acting Chief Justice.

(2.) In case of the death or illness, or the absence or intended absence from the district of the Consulate of Kanagawa, of the Judge or of the Assistant-Judge of the

CHINA AND JAPAN ORDER IN COUNCIL, 1881.

　　　　　Court for Japan, Her Majesty's Minister in Japan may appoint a fit person to be the Acting Judge or to be the Acting Assistant-Judge (as the case may require).

Vice-Admiralty Jurisdiction.

　　　　　　11. Any proceeding taken in China or Japan against one of Her Majesty's vessels, or the officer commanding the same, as such, in respect of any claim cognisable in a Court of Vice-Admiralty, shall be taken only in the Supreme Court or in the Court for Japan, under the Vice-Admiralty jurisdiction thereof, respectively.

Pending Proceedings.

　　　　　　　12.-Nothing in this Order shall affect any suit or proceedings, civil or criminal, pending at the commencement of this Order, with reference either to the original proceedings therein, or to any appeal therein, or otherwise; save that all suits and proceedings, civil or criminal, instituted or taken in the district of the Consulate of Kanagawa before and pending at the commencement of this Order are hereby trans- ferred to the jurisdiction of the Court for Japan; and the same may be carried on and shall be tried, heard, and determined, in and by the Court for Japan, as nearly as may be, as if the same had been instituted or taken in the district of the Consulate of Kanagawa after the commencement of this Order.

And the Most Honourable the Marquis of Salisbury, and the Right Honourable Sir Michael Edward Hicks-Beach, Baronet, two of Her Majesty's Principal Secreta- ries of State, and the Lords Commissioners of the Treasury, and Lords Commis- sioners of the Admiralty, are to give the necessary directions Irerein as to them may respectively appertain.

C. L. PEEL.

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS Her Majesty the Queen has power and jurisdiction in relation to Her Majesty's subjects and others in the dominions of the Emperor of China and the dominions of the Mikado of Japan:

　　　　　　Now, therefore, Her Majesty, by virtue and in exercise of the powers in this be- half by the Foreign Jurisdiction Acts, 1843 to 1878, or otherwise, in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

Preliminary.

1.-This order may cited as the China and Japan Order in Council, 1881.

2.-This order shall, except as otherwise expressed, commence and take effect from and immediately after the 31st day of December, 1881, which time is in this Order referred to as the commencement of this Order.

3. In this Order

China" means the dominions of the Emperor of China:

Japan" means the doininions of the Mikado of Japan :

"Minister" means superior Diplomatic Representative, whether Ambassador,

Envoy, Minister Plenipotentiary, or Chargé d'Affaires :

"Consular Officer includes every officer in Her Majesty's Consular Service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or person authorised to act in any such capacity in China or in Japan;

"British subject means a subject of Her Majesty, whether by birth or by

naturalisation:

"Foreigner" means a subject of the Emperor of China or of the Mikado of Japan, or a subject or citizen of any other State in amity with Her Majesty :

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.

"Treaty" includes Convention, and any Agreement, Regulations, Rules, Ar- ticles, Tariff, or other instrument annexed to a Treaty, or agreed on ni pursuance of any stipulation thereof:

"Month means calendar month:

Words importing the plural or the singular may be construed as referring to one person or thing, or more than one person or thing, and words importing the masculine as referring to females (as the case may require).

Repeal.

　　　　　　4. Subject to the provisions of this Order, Articles Eighty-five to Ninety-one, inclusive, of the China and Japan Order in Council. 1865, authorising the making of Regulations for the purposes and by the authority therein mentioned and the Regulations made thereunder, dated respectively 11th July, 1866, and 16th November, 1866, relating to mortgages, bills of sale, and proceedings against partnerships or partners or agents thereof, and Rule 252 of the Rules of the Supreme Court and other Courts in China and Japan of 4th May, 1865, relating to proceedings by or against partnerships, and Articles One hundred and seventeen and One hundred and eighteen of the China and Japan Order in Council, 1865, relating to foreigners and foreign tribunals, are hereby repealed, from the commencement of this Order; but this repeal does not affect any right, title, obligation, or liability acquired or accrued before the commencement of this Order.

Confirmation of Regulations not Repealed.

5.--Such Regulations as are described in the Schedule to this Order, being Regulations made or expressed or intended to be made or in execution of the powers conferred by Articles Eighty-five to Ninety-one of the China and Japan Order in Council, 1865, and all other Regulations made or expressed or intended to be so made and having been approved or, in case of urgency, not disapproved, under that Order, before the commencement of this Order, except the Regulations expressed to be repealed by this Order, are hereby confirmed, as from the passing of this Order, and the same, as far as they are now in force, shall be in force, and shall be deemed to have always been of the like validity and effect as if they had been originally made by Order in Council.

Authority for further Regulations.

　　　　　　6.--Her Majesty's Minister in China may from time to time, subject and according to the provisions of this Order, make such Řegulations as to him seem fit for the peace, order, and good government of British subjects, resident in or resorting to China.

7. The power aforesaid extends to the making of Regulations for securing observance of the stipulations of Treaties between Her Majesty, Her Heirs and Successors, and the Emperor of China, and for maintaining friendly relations between British subjects and Chinese subjects and authorities.

8.--Her Majesty's Minister in China may, as he thinks fit, make any Regulation under this Order extend either throughout China, or to some one or more only of the Consular districts in China.

9.-Her Majesty's Minister in China, in the exercise of the powers aforesaid, may, if he thinks fit, join with the Ministers of any foreign Powers in amity with Her Majesty in making or adopting Regulations with like objects as the Regulations described in the Schedule to this Order, commonly called the Shanghai Land Regulations, or any other Regulations for the municipal government of any foreign concession or settlement in China; and, as regards British subjects, joint Regulations so made shall be as valid and binding as if they related to British subjects only.

10.-Her Majesty's Minister in China may, by any Regulation made under this Order, repeal or alter any Regulation made under the China and Japan Order in Council, 1865, or under any prior like authority.

11.-(a) Regulations made under this Order shall not have effect unless and until they are approved by Her Majesty the Queen, that approval being signified through one of Majesty's Principal Secretaries of State,-save that, in case of

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.

urgency declared in any such Regulations, the same shall take effect before that approval, and shall continue to have effect unless and until they are disapproved by Her Majesty the Queen, that disapproval being signified through one of Her Majesty's Principal Secretaries of State, and until notification of that disapproval has been received and published by Her Majesty's Minister in China.

　　　　(b.) That approval, where given, shall be conclusive, and the validity and regularity of any R gulations so approved shall not be called in question in any legal proceeding

whatever.

12. Any Regulations magle under this Order may, if Her Majesty's Minister in China thinks fit, impose penalties for offences against the same.

　　　　　13.-Penalties so imposed shall not exceed the following, namely:-For any offence imprisonment for three mouths, with or without hard labour, and with or without a fine of $500, or a fine of $500 without imprisonment,-with or without a further fine for a continuing offence of $25 for each day during which the offence continues after the original fine is incurred.

14. Regulations imposing penalties shall be so framed as to allow in every case of part only of the highest penalty being inflicted.

　　　　15.-All Regulations made under this Order, whether imposing penalties or not, shall be printed, and a printed copy thereof shall be affixed, and be at all times kept. exhibited conspicuously in the public office of each Consulate in China.

　　　　　16.-Printed copies of the Regulations shall be kept on sale at such reasonable price as Her Majesty's Minister in China from time to time directs.

17. Where a Regulation imposes a penalty, the same shall not be enforceable in any Consular district until a printed copy of the Regulation has been affixed in the public office of the Consulate for that district, and has been kept exhibited ́ conspicuously there during one mouth.

18. A charge of an offence against a Regulation made under this Order, imposing a penalty, shall be inquired of, heard and determined, as an ordinary criminal charge under the China and Japan Order in Council, 1865, except that (notwithstanding anything in that Order) where the Regulation is one for securing observance of the stipulations of a Treaty, the charge shall be heard and determined in a summary way, and (where the proceeding is before a Provincial Court) without Assessors.

19. A printed copy of a Regulation, purporting to be made under this Order, and to be certified under the hand of Her Majesty's Minister in China, or under the hand and Consular sal of one of Her Majesty's Consular Officers in China, shall be conclusive evidence of the due making of the Regulation, and of its contents.

　　　　　20. The foregoing, provisions authorising Regulations for China are hereby extended to Japan, with the substitution of Japan for China, and of the Mikado of Japan for the Emperor of China, and of Her Majesty's Minister in Japan for Her Majesty's Minister in China, and of Her Majesty's Consular Officers in Japan for Her Majesty's Consular Officers in China.

Prison Regulations.

　　　　　21.-The respective powers aforesaid extend to the making of Regulations for the government, visitation, care, and superintendence of prisons in China or in Japan, and for the infliction of corporal or other punishment on prisoners committing offences against the rules or discipline of a prison; but the provisions of this Order respecting penalties, and respecting the printing, affixing, exhibiting, and sale of Regulations, and the mode of trial of charges or offences against Regulations do not apply to Regulations respecting prisons and offences of prisoners.

Mortgages.

22.-A deed or other instrument of mortgage, legal or equitable, of lands r houses in China or in Japan, executed by a British subject, may be registered at any time after its execution at the Consulate of the Consular district wherein the property mortgaged is situate.

23.-Registration is made as follows:-The original and a copy of the deed or other instrument of mortgage, and an affidavit verifying the execution and place of

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.

execution thereof, and verifying the copy, are brought into the Consulate; and the copy and affidavit are left there.

　　　　　　24.---It a deed or other instrument of mortgage is not registered at the Con- sulate aforesaid within the respective times following (namely):

(i) Within fourteen days after its execution, where it is executed in the Consul district wherein the pr: perty mortgaged is situate:

(ii.) With two months after ts execution, where it is executed in China or Japan, elsewhere than in that Consular district, or in Hongkong :

　　　　　　(iii.) Within six months after its execution, where it is executed elsewhere than in China, Japan, or Hongkong:

then, and in every such case, the mortgage debt secured by the deed or other instru- ment, and the interest thereon, shall not have priority over judgment, or simple con- tract debts contracted before the registration of that deed or other instrument.

25.-Registered deeds or other instruments of mortgage, legal or equitable, of the mme lands or houses have as among themselves, priority in order of registration. 26.--(a.) The provisions of this Order do not apply to a de d or other instru- ment of mortgage executed before the commencement of this Order.

(b.) As regards a deed or other instrument of mortgage executed before the commencement of this Order, the Regulations repealed by this Order shall, notwith- standing that repeal, be in force, and shall be deemed to have always been of the like validity and effect as if they had originally been made by Order in Council.

27.--The power conferred on the Chief Justice of the Supreme Court for China and Japan by Article 127 of the China and J.. pan Order in Council, 1865, of framing Rules from time to time, is hereby extended to the framing of Rules for prescribing and regulating the making and keeping of indexes, and of a general index to the re- gister of mortgages, and searches in those indexes, and other particulars connected with the making, keeping, and using of those registers and indexes, and for authoris- ing and regulating the unregistering of any deed or other instrument of morigage, or the registering of any release or satisfaction in respect thereof.

Bills of Sale.

28. The provisions of this Order relating to bills of sale-

　　　　　　(i.) Apply only to such bills of sale executed by British subjects as are intended to affect chattels in China or in Japan :

(ii.) Do not apply to bills of sale given by sheriffs or others under or in execu- tion of process authorising seizure of chattels.

29. (a) Every bill of sale must conform with the following rules (namely): (1.) It must state truly the name, description, and address of the grantor. (2.) It must state truly the consideration for which it is granted.

　　　　　　(3.) It must have annexed thereto or written thereunder an inventory of the chattels intended to be comprised therein.

　　　　　　(4.) Any defeasance, condition, or declaration of trust affecting the bill not contained in the body of the bill must be written on the same paper as the bill.

　　　　　　(5.) The ‹xecution of the bill must be attested by a credible witness, with his address and description.

(b.) Otherwise, the bill is void in China and in Japan to the extent following. but not further (that is to say):

　　　　　　(i.) In the case of failure to conform with the rule respecting an inventory, as far as regards chattels omitted from the inventory; and

(ii.) In any other case, wholly.

　　　　　　(e.) The inventory, and any defeasance, condition, or declaration as aforesaid, respectively, is for all purposes, deemed part of the bill.

　　　　　　30.-A bill of sale conforming, or appearing to conform, with the foregoing rules, may be registered, if it is intended to affect chattels in China, at the Supreme Court; and if it is intended to affect chattels in Japan, at the Court for Japan; or in either case at the Consulate of the Consular distrtct wherein the chattels are, within the respective times following and not afterwards (namely):

THE CHINA'AND JADAN ORDER IN COUNCIL, 1881.

(i.) Within fourteen days after its execution, where it is executed in the Con- sular district wherein the chattels are:

(ii.) Within two months after its execution, where it is executed in China or in Japan, elsewhere than in that Consular district, or in Hongkong:

(iii.) Within six months after its execution, where it is executed elsewhere than in China, Japan, or Hongkong.

31.-Registration is made as follows: The original and a copy of the bill of sale, and an affidavit verifying the execution, and the time and place of execution, and the attestation thereof, and verifying the copy, are brought into the proper office of the Court or Consulate; and the copy and affidavit are left there.

32.--If a bill of sale is not registered at a place and within the time by this Order appointed and allowed for registration thereof, it is, from and after the expiration of the time, void in China or in Japan, according as that place is in China or in Japan to the extent following, but not further (that is to say):

　　　　　(i.) As against trustees or assignees of the estate of the grantor, in or under bankruptcy, liquidation, or assignment for benefit of creditors; and

(ii) As against all sheriffs and others seizing chattels under process of any Court, and any person on whose behalf the seizure is made; but only

　　　　　　(iii.) As regards the property in, or right to, the possession of such chattels comprised in this bill as, at or after the filing of the petition for bankruptcy or liqui- dation, or the execution of the assignment, or the seizure, are in the grantor's posses- sion, or apparent possession.

33.-Registered bills of sale affecting the same chattels have as among them- selves priority in order of registration,

　　　　　34.-Chattels comprised in a registered bill of sale are not in the possession, order, or disposition of the grantor within the law of bankruptcy.

35.-If in any case there is an unregistered bill of sale, and within or on the expiration of the time by this Order allowed for registration thereof, a subsequent bill of sale is granted affecting the same me of the same chattels, for the same or part of the same debt, then the subsent bill is, to the extent to which it com- prises the same chattels and is for the s: ne debt, absolutely void, unless the Supreme Court for China and Japan, or the Court for Japan, as the case may require, is satisfied that the subsequent bill is granted in good faith for the purpose of correcting some material error in the prior bill, and not for the purpose of unlawfully evading the operation of this Order.

years.

36.-The registration of a bill of sale must be renewed once at least every five

37.-Renewal of registration is made as follows:-An affidavit stating the date of and parties to the bill of sale, and the date of the original registration, and of the last renewal, and that the bill is still a subsisting security, is brought in to the proper office of the Court or the Consulate of original registration, and is left there.

　　　　　　38.-If the registration of a bill of sale is not so renewed in any period of five years, then on and from the expiration of that period the bill is deemed to be unregistered.

　　　　　39. The provisions of this Order relating to renewal apply to bills of sale regist red under the Regulations repealed by this Ord r.

　　　　　40.-A transfer or assignment of a registered bill of sale need not be registered; and renewal of registration is not necessary by reason on.y of such a transfer or assignment.

　　　　　41.-Where the time for registration or renewal of registration of a bill of sale expires on a Sunday, or other day on which the office for registration is closed, the registration or renewal is valid if made or the first subsequent day on which the office is open.

　　　　　42.-If in any case the Supreme Court for China and Japan, or the Court for Japan, as the case may require, is satisfied that failure to register or to renew the registration of a bill of sale in due time, or any omission or misstatement connected with registration or renewal, was accidental or inadvertent, the Court may, if it thinks

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.

fit, order the failure, omission, or misstatement to be rectified in such manner, and on such terms, if any, respecting security, notice by advertisement or otherwise, or any other matter, as the Court thinks fit.

　　　　　　43.-(a.) The provisions of this Order, except as regards renewal of registrations, do not apply to a bill of sale executed before the commencement of this Order.

(b.) As regards a bill of sale executed before the commencement of this Order, the Regulations repealed by this Order shall, notwithstanding that repeal, be in force, and shall be deemed to have always been of the like validity and effect as if they had originally been made by Order in Council.

　　　　　　44.-The power conferred on the Chief Justice of the Supreme Court for China and Japan by Article 127 of the China and Japan Order in Council, 1865, of framing Rules from time to time, is hereby extended to the framing of Rules for prescribing and regulating the making and keeping of indexes, and of a general index, to the registers of bills of sale, and searches in those indexes, and other particulars con- nected with the making, keeping, and using of those registers and indexes, and for authorising and regulating the unregistering of any bill of sale, or the registering of any release or satisfaction in respect thereof.

Suits by or against Partners.

　　　　　　45.-(a.) The following are Rules of Procedure of Her Majesty's Courts in China and Japan, under the China and Japan Order in Council, 1865:

　　　　　　(1.) Persons claiming or being liable as partners may sue or be sued in the firm name, if any.

(2.) Where partners sue in the firm name, they must, on demand in writing on behalf of any defendant, forthwith declare the names and addresses of the partners. (3.) Otherwise, all proceedings in the suit may, on application, be stayed on such terms as the Court thinks fit.

　　　　　　(4.) When the names of the partner are so declared, the suit proceeds in the same manner, and the same consequences in all respects follow, as if they had been named as the plaintiffs in the petition.

(5.) All subsequent proceedings, nevertheless, continue in the firm name.

　　　　　(6.) Where partners are sued in the firm name, the petition must be served either on one or more of the partners within the jurisdiction, or at the principal place of the partnership business within the jurisdiction on some person having then and there control or management of the partnership business.

　　　　　　(7.) Where one person, carrying on business in the name of a firm apparently representing more persons than one, is sued in the firm name, the petition may be served at the principal place of the business within the jurisdiction on some person having then and there control or management of the business.

(8) Where partners are sued in the firm name, they must appear individually in their own names.

(9.) All subsequent proceedings, nevertheless, continue in the firin name.

(10.) Where a person, carrying on business in the name of a firm apparently representing more persons than one, is sued in the firm name he must appear in his

own name.

(11.) All subsequent proceedings nevertheless continue in the firm name.

　　　　　(12.) In any case not hereinbefore provided for, where persons claiming or being liable as partners sue or are sued in the firm name, any party to the suit may, on application to the Court, obtain a statement of the names of the persons who are partners in the firm, to be furnished and verified on oath or otherwise, as the Court thinks fit.

　　　　　　(13.) Where a judgment is against partners in the firm name, execution may issue-

(i.) Against any property of the partners as such; and

(ii) Against any person who has admitted in the suit that he is a partner, or who has been adjudged to be a partner; and

　　　　　(iii) Against any person who has been served in the suit as a partner, and has failed to appear.

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.

　　　　　(14.) If the party who has obtained judgment claims to be entitled to issue execution against any other person, as being a partner, he may apply to the Court for leave so to do; and the Court, if the liability is not disputed, may give such leave, or if it is disputed may order that the question of the liability be tried and determined as a question in the suit, in such manner as the Court thinks fit.

　　　　　(b.) The foregoing Rules may be from time to time varied by Rules of Proce- dure made under the China and Japan Order in Council, 1865.

　　　　　(r.) Printed copies of the foregoing Rules must be exhibited conspicuously in each Court and Consulate in China and Japan, with the other rules of Procedure for the time being in force under the China and Japan Order in Council, 1865, and be sold at such reasonable price as the Chief Justice of the Supreme Court from time to time directs.

(d.) A printed copy of the foregoing Rules purporting to be certified under the hand of the Chief Justice of the Supreme Court and the seal of that Court is for all purposes conclusive evidence thereof.

　　　　　46.-(a.) The provisions of this Order do not apply to procedings instituted by or against partnerships or partners or agents thereof, before the commencement of this Order.

　　　　　(b.) As regards proceedings instituted by or against partnerships or partners or agents thereof before the commencement of this Örder, the Regulations repealed by this Order shall, notwithstanding that repeal, be in force, and shall be deemed to have always been of the like validity and effect as if they had been Rules of Procedure made under the China and Japan Order in Council, 1865; and, as regards the same proceedings, the kule of Procedure (252) repealed by this Order shall continue to have effect, notwithstanding that repeal, subject always to the operation of the Regulations repealed by this Order.

Suits by or against Foreigners.

47.-(a.) Where a foreigner desires to institute or take a suit or proceeding of a civil nature against a British subject, or a British subject desires to institute or take a suit or proceeding of a civil nature against a foreigner, the Supreme Court for China and Japan, and the Court for Japan, and a Provincial Court, according to the respective jurisdiction of the Court, may entertain the suit or proceeding and hear and determine it; and, if all parties desire, or the Court directs, a trial with a jury or assessors, then, with a jury or assessors, at a place where such a trial might be had if all parties were British subjects, but in all other respects according to the ordinary course of the Court.

　　　　　(b.) Provided, that the foreigner first obtains and files in the Court the consent in writing of the competent authority of his own nation to his submitting, and that he does submit, to the jurisdiction of the Court, and, if required by the Court, gives security to the satisfaction of the Court, and to such reasonable amount as the Court directs, by deposit or otherwise, to pay fees, damages, costs and expenses, and abide by and perform the decision to be given either by th Court or on appeal.

(c.) A counter-claim or cross-suit cannot be brought or instituted in the Court against a plaintiff, being a foreigner, who has submitted to the jurisdiction, by a defendant, except by leave of the Court first obtained.

　　　　　(d.) The Court, before giving leave, requir s proof from the def ndant that his claim arises out of the matter in dispute, and that there is reasonable ground for it, and that it is not made for vexation or delay.

　　　　　(e.) Nothing in this provision prevents the defendant from instituting or taking in the Court against the foreigner, after the termination of the suit or proceeding in which the for igner is plaintiff, any suit or proceding that the defendant might have instituted or taken in the Court against the foreigner if no provision restraining counter-claims or cross-suits had been inserted in this Order.

(f.) Where a foreigner obtains in this Court an order against a defendant, being a British subject, an l in another suit that defendant is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the order pending that other suit, and may set off any

THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884.

amount ordered to be paid by one party in one suit against any amount ordered to be paid by the other party in the other suit.

(g.) Where a plaintiff, being a foreigner, obtains in the Court an order against two or more defendants, being British subjects, jointly, and in another suit one of them is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the order pending that other suit, and may set off any amount ordered to be paid by one party in one suit. against any amount ordered to be paid by the other party in the other suit, without prejudice to the right of the British subject to require contribution from his co- defendants under the joint liability.

(h.) Where a foreigner is co-plaintiff in a suit with a British subject who is within the particular jurisdiction, it is not necessary for the foreigner to make deposit or give security for costs, unless the Court so direct; but the co-plaintiff British subject is responsible for all fees and costs.

Chinese, Japanese, and Foreign Tribunals.

48.-(a.) Where it is shown to the Supreme or other Court that the attendance of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required in a Chinese or Japanese Court, or before a Chinese or Japanese judicial officer, or in a Court or before a judicial officer of any State in amity with Her Majesty, the Supreme or other Court may, if it thinks fit, in a case an in circumstances in which it would require his attendance before itself, order that he do attend as so required.

　　　　　　　(b.) A Provincial Court, however, cannot so order attendance at any place beyond its particular jurisdiction.

(c.) If the person ordered to attend, having reasonable notice of the time and place at which he is required to attend, fails to attend accordingly, and does not excuse his failure to the satisfaction of the Supreme or other Court, he is, indepen. dently of any other liability, guilty of an offence against this Order, and for every such offence, on conviction thereof, by summary trial, is liable to a fine not exceeding $500, or to imprisonment for not exceeding one month, in the discretion of the Court.

The SCHEDULE to which the foregoing Order in Council refers.

I.-Regulations made by Sir Rutherford Alcock, while Her Majesty's Minister in China, instituted or designated as Land Regulations, Regulations, and Bye-Laws annexed to the Land Regulations for the foreign quarter of Shanghai north of the Yang-King-Pang, and commonly called the Shanghai Land Regulations.

II.-Port, Consular, Customs, and Harbour Regulations applicable to all the Treaty ports in Chin, dated 31st May, 1869.

Preamble.

THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884.

AT THE COURT AT WINDSOR, THE 26TH DAY OF JUNE, 1884.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS, by Treaty and otherwise, Her Majesty the Queen has power and jurisdiction within China and Japan and the dominions of the King of Corea:

Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and other.

CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884.

　　　wise in Her vested, is pleased by and with the advice of Her Privy Council to order, and it is hereby ordered, as follows:---

　　　　　1.-This Order inay be cited as the China, Japan, and Corea Order in Council, 1884.

2. In this Order-

Short Title.

　　　　　The expression, the "China and Japan Orders in Cor il," means Interpretation. the following:

The China and Japan Order in Council, 1865, as amended by the Orders in Council, dated the 13th May, 1869, and the 30th April, 1877;

The Orders in Council of the 19th June, 1868; and the 21st July,

1876, relating to Consular fees;

The China and Japan Maritime Order in Council, 1874; The China and Japan Order in Council, 1878;

The China and Japan Order in Council, 1881;

　　　　　The Shanghai Shipping Registry Order in Council, 1883; and any Order in Council a ending or extending this or any of the above- mentioned Orders in Council.

The expression "Corea," means the dominions for the time being of the King of Corea, including the territorial waters thereof.

Other expressions to which meanings are assigned by the China and Japan Order in Council have the same meanings in this Order unless the subject or context otherwise requires.

　　　　　In the China and Japan Orders in Council, and in this Order, the expression "British subject" shall include a British protected person in so far as by Treaty, capitulation, grant, usage, sufferance, or other lawful means, Her Majesty has jurisdiction in relation to such persons in China, Japan, and Corea respectively.

　　　　　This Order may be cited as the China, Japan, and Corea Order in Council, 1884.

in Corea.

3.-Any person, for the time being, acting as Consul-General, Consul, Consular Courts or Vice-Consul holin Her Majesty's commission for Corea or any part thereof, or any person acting temporarily with the approval of a secretary of State, or in case of emergency appointe temporarily by or acting with the approval of Her Majesty's Minister for Corea, as and for a Consul- General Consul, or Vice-Consul as aforesaid, shall in and for such district as may be assigned by his commission or appointment, or as may be so approved, hold and form a Court for the purposes of this Order.

4.-For the purposes and subject to the provisions of this Order- (i) All Her Majesty's jurisdiction exercisable, for the time being, in Her Majesty's Corea, under the Foreigh Jurisdiction Acts, shall be exercised by a Court be exercised acting under this Order.

Jurisdiction to

according to this Order.

t deemed

(ii.) Such juris iction shall be exerc sed under and in accordance Courts in Corea with the provisions of the China and Japan Orders in Council, and of any beden Rules and Regulations made under the authority thereof, and for the time Courts. being in force so far as the same are appl cable, as if in those provisions expr. ssions referring to Japan, or to any Government, Sovereign, person, thing, or matter in or relating to Japan, refer ed also mutatis mutandis to Corea, and to the corresponding Government, Sovereign, person, thing, or matter in or relating to Corea; and for the purposes of the said Orders in Council, Rules and Regulations as applied by this Order, a Court acting under this Order shall be deemed to be a Provincial Court.

at Shanghai to

(iii.) All powers and jurisdiction, whether original, appellate, or Supreme Court auxil ary, which can, under the said Orders, be exercised by the Supreme have jurisdiction Court at Shanghai, or any Judge thereof, in relation to Japan, or any in Corea. district thereof, or Provincia: Court therein, shall be exercisable in relation to Corea, and any district or Provincial Court therein.

4.2

CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884.

Power and Ju- 5. The power and jurisdiction exercisable under this Order, or under risdicti n under the said Orders in Council, as applied to Corea, shall, in relation to Corea, ject to provisions be exercised subject to the provisions of the Treaty dated the 26th

this Order sub-

of Corean.

Treaty.

Imperial Acts and Orders in Council; how far applicable.

Jurisdiction in

and manslaught-

er.

November, 1883, between Hr Majesty and the King of Corea, and to the Regulations and Protocol appended to the said Treaty, and to the pro- visions of any other Tr aty for the time being in force between Her Majesty and the King of Corea, and the provisions of the said Treaty, Regulations, and Protocol shall have effect as if incorporated in this Order.

6. Where, by virtue of any Imperial Act, or of any of the China and Japan Orders in Council, or this Order, or otherwise, any provisions of any Imperial Acts, or of any Orders in Council other than this Order, are applicable in China, or Japan, or Corea, or any forms, regulations, or pro- cedure prescribed or established by or under any such Order or Act, in relation to any matter, are made applicable for any purpose of any of the China or Japan Orders in Council, or of this Order, such acts, forms, regulations, or procedure shall be deemed applicable, so far only as the constitution and jurisdiction of the Courts and the local circumstances permit; and for the purpose of facilitating their application, they may be construed or used with such alterations and adaptations not affecting the substance as may be necessary, and anything required to be done by or to any Court, Judge, officer, or authority may be done by or to a Court, Judge, officer, or authority having the like or analogous functions; and the seal of the Consular Court may be substitu.ed for any seal required by any such act, ordor, form, regulation, or procedure, and in case any difficulty occurs in the application of any such act, order, form, regulation, or procedure, it shall be lawful for a Secretary of State to direct by and to whom and in what manner anything to be done under such act, order, or regulation, is to be done, and such act or order shall, in its application to matters arising under the China and Japan Orders in Council, or this Order, be construed accordingly.

7.-(i.) In cases of murder or manslaughter, if either the death or cases of murder the criminal act which wholly or partly caused the death, happened within the juridiction of a Court acting under the China and Japan Orders in Council or this Order, such Court shall have the like jurisdiction over any person being a British subject, who is charged either as the principal offender or accessory before the fact to murder, or as accessory after the fact to murder or manslaughter, as if boa such criminal act and the death had happened within such jurisdiction.

　　　　　　　Crimes on the high seas.

Adaptations

　(ii.) In the case of any crime committed on the high seas, or within the Admiralty jurisdiction, by any British subject on board a British ship, or on board a foreign ship to which he did not belong, a Court acting under this Order shall have jurisdiction as if the crime had been com- mitted within the district of such Court. In cases tried under the Article no different sentence can be passed from the sentence which could be passed in England if the crime were tried there.

(iii.) The foregoing provisions of this Article shall be deemed to be under Foreign adaptations for the purposes of this Order, and of "The Foreign Juris- diction Act, 1878," of the following enactments described in the first schedule to that Act (that is to say) :-

Jurisdiction

Act.

Fugitive Offenders Act.

"The Admiralty Offences (Colonial) Act, 1849." "The Admiralty Offences (Colonial) Act, 1860." "The Merchant Shipping Act, 1867," section 11.

　And the said enactments shall, so far as they are repeated and adapted by this Article (but not further or otherwise), extend to China, Japan, and Corea.

　8.-"The Fugitive Offenders Act, 1881," shall apply, in relation to British subjects, to China, Japan, and Corea respectively, as if such

CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884.

countries were British possessions, and for the purposes of Part II. of the said Act and of this Article, China, Japan, and Corea shall be deemed to

　　　　be one group o. British possessions, and Her Majesty's Minister for China, Powers of Japan, or Corea (as the case may be), shall have the powers of a Governor H. M. Minister. or Superior Court of a British possession.

　　　　　　9.-Judicial notice shall be taken of the China and Japan Orders in Judicial Notice Council and of this Order, and of the commencement thereof, and of the to be taken. appointment of Consuls or other officers, and of the constitution and limits of the Consular Courts and districts, and Consular seals and signatures, and of any Rules or Regulations made or in force under the China and Japan Orders in Council or this Order, and no proof shall be required of any of such matters.

1851, to apply.

The provisions of "The Evidence Act, 1851 (14 and 15 Vict., Provisions of cap. 99), sections 7 and 11, relating to the proof of judicial and other Evidence Act, documents, shall extend, and be applied for all purposes as if the Courts, districts, and places to which the China and Japan Orders in Council or this Order applies were in a British Colony.

　　　　　　10.-This Order shall come into operation at such time or times in when to come China, Japan, and Corea respectively as a Secretary of State, by a notice into operation. published in the London Gazette at or after the time of the publication therein of this Order, directs.

　　　　　　11.-This Order shall be published in China, Japan, and Corea in such Publication. manner, and printed copies thereof shall be kept for sale at the Consular Courts there at such prices, as a Secretary of State from time to time directs.

　　　　　　　And the Right Honourable the Earl Granville and the Right Honour- able the Earl of Derby, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.

C. L. PEEL.

THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884.

AT THE COURT AT BALMORAL, THE 9TH DAY OF SEPTEMBER,

PRESENT:

1884.

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

　　　　WHEREAS by Treaty and otherwise Her Majesty the Queen has power and jurisdiction within China and Japan and the dominions of the King of Corea:

Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and other- wise, in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:

　　　　　　1.--This Order may be cited as the China, Japan, and Corea Order in Council, 1884 (Suplemental).

2.--This Order shall be construed with the China, Japan, and Cora Order in Council, 1884 (herein called the Principal Order).

in any

3. Notwithstanding anything contained in the Principal Order, or notice published in pursuance thereof, the Principal Order, so far as it relates to Corea, and also this Order, shall come into operation on the day named in this Order as the date of this Order.

THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1886.

　　4. The provisions of the China and Japan Order in Council, 1881, Articles 6 to 20, both inclusive, so far as the same are for the time being in force, shall apply to Corea, mutatis mutandis, with the substitution in the 20th Article thereof of "Corca" for "Japan," and of the "King of Corea" for the "Mikado of Japan," provided that all things to be done under the said Articles by Her Majesty's Minister in China may be done in relation to Corea either by Her Majesty's Minister in China or by any person appointed or acting as Her Majesty's Minister for Corea, or, with the approval of a Secretary of State, by any person acting as Consul- General for Corea.

　　5. This Order shall be published in Corea in such manner, and printed copies thereof shall be kept for sale at the Consular Courts there at such prices as a Secretary of State from time to time directs.

　　And the Right Honourable the Earl Granville, one of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.

C. L. PEEL.

THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1886.

AT THE COURT AT WINDSOR, THE 3RD DAY OF APRIL, 1886. PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS, by Treaty and otherwise, Her Majesty the Queen has power and jurisdiction within China and Japan and the dominions of the King of Corea

　　Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts 1843 to 1878 and otherwise in Her v. sted, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

　　1.-This Order may be cited as the China, Japan, and Corea Order in Council, 1886.

2.-The 4th Article of the China, Japan, and Cor a Oider in Council, 1884, shall, fo all purpos. s, be constru d ́as if for the sub-section thereof numbered (3) there were substitut. d the following sub-sectiou :----

　　(3.) All powers and jurisdiction, whether original, app. llate, or auxiliary, which can, under the said Ord rs, b exercis, d in relation to any Provincial Court in Japan, or in, or in relation to, the district of any such Court by the Court for Japan, or by th- Sup ement for China and Japan, may b xercised in relation to Corea or any incial Court therein, or in, or in elation to, the district of any such ourt by the Supreme Court for China and Japan.

　　Provided that nothing in this Order shall rend r invalid anything done before the commencement of this Order, or before the publication of this Order in China or Corea.

•

3. This Order shall come into operation forthwith, and shall be published in China and Corea, and printed copies thereof shall be kept for sale at the Consular Courts in Corea.

　　And the Right Honourable the Earl of Rosebery, one of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty are to give the necessary directions herein as to them may respectively appertain.

C. L. PEEL.

CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1886, &c.

THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1886.

AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT, 3RD AUGUST, 1886.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS it is expedient to amend the Order in Council relating to the exercise of

Her Majesty's power and jurisdiction in China, Japan, and Corea:

　　　　　Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and otherwise, in her vested, is plea-ed, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

1. This Order may be cited as The China, Japan, and Corea Order in Council, 1886." 2. So much of the 47th section of the China and Japan Oider in Council, 1881, as is contained in the second sub-section thereof, commencing with the word provided," and ending with the word "appeal," and rela ing to the conditions on which jurisdiction may be exercised in the case of foreigners desiring to submit to the jurisdiction of Her Majesty's Courts, is hereby aled as respects China, Japan, and Corea, and the following provision is substitute.--

(b) Provided that the foreigner: (i.) first files in the Court his consent to the juris- diction of the Court; and (ii.) also, if required by the Court, obtains and files a certi- ficate in writing from a competent authority of his own Government to the effect that no objection is made by that Government to the foreigner submitting in the particular cause or matter to the jurisdiction of the Court; and (iii.) also, if required by the Court, gives security to the satisfaction of the Court, to such reasonable amount as the Court directs, by deposit of money or otherwise, to pay fees, costs, damages, and ex- penses, and to abide by and perform the decision to be given by the Court or on appeal.

　　　　　　3. This Order shall come into operation as from the date of its publication in the London Gazette, but until the 1st October, one thousand eight hundred and eighty- six, proceedings may be taken either in accordance with the provision hereby repealed, or in accordance with the provisions of this Order.

　　　　　　And one of Her Majesty's Principal Secretaries of State and the Lords Com- missioners of the Admiralty are to give the necessary directions herein.

TABLES OF CONSULAR FEES

C. L. PEEL.

To be taken in China, Japan, and Corea, in pursuance of the Acts 6 Geo. IV., cap. 87, and 12 and 13 Vic, cap. CS, and of the China, Japan, and Corea (Consular Fees) Order in Council, 1857.

PART I.

Fees to be taken in respect of Matters in which the Consul's Interposition is required by Law. MATTER IN RESPECT OF WHICH THE FEE IS TO BE TAKEN.

in a ship, made before the Consul under a certificate of sale

1.-For every declaration taken or $ c. recorded under the Merchant Shipping Acts, with a view to the registry, trans- fer and transmission of ships, interests in s

mortgages on ships

2. ver endorsing a memorandum of chang ofster upon the certificate of registry, and initialing his signature on agreement with crew, if required...

3. For granting a provisional certi- ficate of registry (this fee to be exclusive of fees on declarations)

4. For recording a mortgage of a ship, or shares in a ship, made under a certificate of mortgage

2. 00

1 00

$ c.

5 00

1 00 .

8. For inspection of the register book of transactions of ships, kept in pursu- ance of Merchant Shipping Acts........

9. For certified copy of extract from register book of transactions in ships... 0 75

10. For every seaman engaged before the Consul

11. For every alteration in agree- ments with seamen made before the Consul

0 50

5 00

0 50

5 00

the

12. For every seaman discharged or hind with the Consul's sanction... For every desertion certified by

sul 1.-For attesting a seaman's will (see No. 99)...

0 50

5. For recording the transfer of a mortgage of a ship, or shares in a ship, made under a certificate of mortgage... 5 00

6. For recording the discharge of a mortgage of a ship, or shares in a ship, made under a certificate of mortgage... 5 00

7. For every sale of a ship, or shares

15. For examination of provisions or water, to be paid by the party who proves to be in default, in addition to costs of survey.

3.00

TABLES OF CONSULAR FEES.

　　　　　　　　16. For every salvage bond made in $ c. pursuance of 17 and 18 Vict., cap. 104, sec. 488, to be paid by the master or owner of the property salved...

　　　　　　　　17. For making endorsement on ship's papers as required by section 279 of

TheMerchant Shipping Act, 1854"

(To include the fee for inspection of ship's

See No. 43.)

12 00

0.75

papers,

Marriage Fees, as fixed by Act 12 and 13 Vict., cap. 69, to be levied by Consular Officers duly authorised to

solemnise Marriages.

18. For receiving notice of an in- tended marriage

19. For grantiug a license for a marriage

20. For receiving a caveat

21. For every marriage solemnised by the Consul, or in his presence, if by license

£ s. d. 0 10 0

0 0

0 10 0

22.-Ditto, if without license... NOTE. The above Fees, 18 to 22 inclusive, if not paid in English gold are to be calculated at the Government rate of exchange.

PART II.

Fees to be taken in respect of Mattters in which the Consul's Interposition is to be given when required by the Parties interested.

MATTER IN RESPECT OF WHICH THE FEE IS TO BE TAKEN.

23. For noting a marine protest and furnishing one certified copy if required. 21. For filing a request for survey and issuing order of survey

25.-For receiving report of survey, filing original in archives, if not exceed- ing 200 words, and furnishing if required, one certified copy of request, order, and report of survey..

26. For extending marine protest, if not exceeding 200 words, filing original, and furnishing one certified copy if re- quired. This to be exclusive of fee for oaths or declarations (see No. 48), or for drawing, if required, the body of the protest (see No. 93)...

27.-For any other protest, if not ex- ceeding 200 words, filing original, and furnishing one cortified copy, if required: This to be exclusive of fee for drawing, if required, the body of the protest (see No. 93).

28.-If the protest or report of survey exceed 200 words, for every additional 100 words or fraction thereof..

$ c. 200

3 0)

6 00

0 75

29.-For attesting average, bottomry or arbitration bond, each copy (see No.92) 1 50

30.-For preparing a fresh agreement with the crew of a British vessel on new articles of agreement being opened at a foreign port, and for furnishing the copy which the Merchant Shipping Acts re- quire should be made accessible to the

crew

muster-roll, or detailed list, giving the $. c. names, &c., of each member of the crew of a vessel (to be charged in addition to No. 37).

0 75

་

39. For affixing Consular signature, and seal, if required, to a ship's manifest 3 00

40.-For affixing Consular seal or sig- nature to any entry in the official log of a British vessel, if not required by the Merchant Shipping Act

1 50

41.-For attesting the execution of a bill of sale of a ship, or shares in a ship 1 50

42. For any document required from Consul by foreign authorities as a pre- liminary to the engagement of a British seaman in a foreign vessel, including official seal and signature

43. For inspecting ship's papers when their production is required to enable a consular officer to perform any specific service on the ship's behalf..

N.B. This Fee not be charged when Fee No. 17 is leviable.

41. For granting any certificate not otherwise provided for, if not exceeding 100 words

45. If exceeding 100 words, for every additional 100 or fraction thereof...

46.-For noting a bill of exchange 47.-For protest of a bill of exchange and copy..

18. For administering an oath, or receiving a declaration or affirmation without attestation of signature

-For administering an oath, or rceiving a declaration or affirmation with attestation of signature.....

0 30

0 75

1 50

2.00

6 00

0 75

3.00

31.-Bill of health 32.-Certifying to a foreign bill of

3. 00

1 50

health

3. 00

31.-Certificate of due landing of goods exported from a British prt

33.-Certificate of origin of goods and filing copy

3.00

50. For each Consular signature at- tached to an exhibit referred to in an affidavit or declaration

0 75

3 00

51.-For each alteration or interlinca- tion initialed by the Consul in any do- cument not prepared by him.

0 25

35.-For application addressed to local authorities for arrest or imprisonment of a seaman, if granted pursuant to the re- quest of the master

36.-Ditto, for release of a scanian 37. For each certificate granted as to the number of the crew of a vessel, or as to any other matter required by local authorities for the clearance inwards and outwards of a vessel (see No. 38)

38.-For drawing up, in form and lan- guage required by local authorities, a

1 20 1 30

1 50

52.-For each signature to a transfer of shares or stock attested by the Consul 0 75

53.-For each signature to a transfer

of shares or stock attested by the Con- sul when executed in the presence of one or more witnesses besides the Consul.... 1 50

51. For each execution of a power of attorney attested by the Consul (see No. 101)

2.00

N.B.-When more than four persons execute a power at the same time a fee of 8 dollars only is to be charged.

TABLES OF CONSULAR FEES.

55. For attesting the execution of a $ c. will of any person not being a British seaman (see No. 99)...

3.00

56. For each execution of a deed, bond, or conveyance under seal, attested

2. 00

by the Consul

　　　　　　　N.B.-When more than four persons execute an instru- ment at the same time a fee of eight dollars only is to be charged.

57. For each signature to an applica- tion for a patent attested by the Consul 1 50

58. For attaching Consular signa- ture, and seal if required, to quarterly or monthly declarations for Government- pay, half-pay, or pension

0 50

0.75 1 50

59.-For attaching Consular signa- ture to all other declarations of existence

CO.-Ditto, if drawn up by Consul 61.-Forcertificate of a person's identity 3 00 62. For attesting the signature of a foreign authority

63.-For each signature attested by the Consul in any document not other- wise provided for..

150

1 50

　　　　　　N.B. No fee is to be charged for attesting a signature to any document required for the deposit or withdrawal of money in or from the Post Office Savings Bank. 64. For receiving and giving a re- ceipt for any document, packet, or ar- ticle deposited in the Consulate under the conditions of Fee No. 107

65. For registration of a birth or death (except the death of seaman)

1 50

0 75

C6. For any registration not other- wise provided for

1 00

　　　　　　N.B. No fce is to be charged for the registration of a British subject at a Consular office, where such registra- tion is not compulsory under Order in Council.

67.-For issue of certificate of British registration, when such registration is not compulsory under Order in Council. 1 co

　　　　　　68. For each search in the register books of births, marriages, or deaths kept at the Consulate

C-For furnishing a certified copy of an entry in register books of births, marriage, or deaths (see No. 68)

"0. For certifying to a copy of any document or part of a document, if not exceeding 100 words

0 75

1 50

　　　　　　71.-lf exceeding 100 words, for every additional 100 words or fraction thereof 1 50 N.B.-An additional fee is to be charged when the copy is made by tho Consul (see No. 96).

72.-Passport

73.-Visa of a passport

74. For issue of certificate of nation-

ality

75.-Consular request to local autho- rities for a passport pass, or visa

75A. For transit pass..... 76.-Opening the will of a British subject, not being a seaman, including Consular signature to minute of pro- ceedings..

77. For the administration and dis- tribution, or for either administra- tion or distribution, of the property, situate in the country of the Consul's rosidence, of a British subject, not being a seaman, dying intestate, or if not intestate, when undertaken in the absence of legally competent repre- sentatives of the deceased

$ C.

1 00

0 75

4 50

G 00

23 per cent.

gross value.

78. For uniting documents and at- taching Consular se:1 to the fastening... 0 75

79. For directing search for, or ob- taining, from Public Record Office or elsewhere, extracts from local registers, or copies of wills, deeds, or other mat- ters, in addition to expenses incurred and any fees for attestation

1 50

80.---For affixing Consular signature, and seal if required, to any document not otherwise provided for by this Table. 1 50 N.B. No charge is to be made for an order or letter sending a seaman to hospital.

81. For each Consular seal affixed to a document, packet, or article, when no signature is required

0 75

title-deeds of land,

10 00

818.-For new including registration...

81c. For notifying to authorities loss of owner's copy of title-deed, and re- questing issue of copy to replace it

SID. For transfer of land..

81E. For cancelment of title deeds... 81.-For registration of title-deeds issued by local authorities.

81G. For registration or discharge of mortgage

81H.-For registration of foreclosure or mortgage

811. For any entry, not otherwise provided for, made in land register at the request of the parties interested

81K. For reference to land, mortgage, or other registers (except those under Nos. 8 and 68)

1 50 0 75

PART III.

5 00

5.00

10 00

1 50

Fees to be taken for certain Attendances, in addition to any other Fee chargeable under the present

•

Table, and to travelling and other Expenses (See Notes 3 and 4). ATTENDANCE IN RESPECT OF WHICH THE FEE IS TO BE TAKEN.

85.-Ditto, ditto, for each additional $ c. hour, or fraction thereof, 3 dollars, witb a maximum per day of

82.-At a shipwreck, or for the pur- $ c. pose of assisting a ship in distress, per day

83.-At a shipwreck, at request of parties interested, to assist or advise as to salvage, per day

12 00

24.00

18.00

86.-At request of parties interested, or of local authorities, at a valuation if absent less than two hours.........

6.00

87.-Ditto, ditto, for each additional hour, or fraction thereof, 3 dollars, with a maximum per day of...

24 00

84.-At request of parties interested, or of local authorities at the affixing or removing of seals on property of deceased persons, if absent less than two hours... 6 00

88. At request of parties interested,

TABLES OF CONSULAR FEES.

　　　　　　or of local authorities, at a sale, if absent $ c. less than two hours

89.-Ditto, ditto, for each additional hour, or fraction thereof, 3 dollars, with a maximum per day of..

90.-At request of parties interested, or of local authorities, for the transaction elsewhere than at the Consular Office of any of the duties for which a fee is pro- vided in the Table of Consular Fees, for each hour, or fraction thereof, 3 dol- lars, with a maximum per day of

12 00

21 00

91.-At the request of parties interest- ed for the transaction of any of the du- ties for which a fee is provided in the Table of Consular Fees, whether at the Consular Office, or at the Consul's re- sidence, before or after the customary business hours of the place, for each half- hour, or fraction thereof

91A. At request of parties interested, or of local authorities, at a measure- ment of land, for each hour, or fraction 24.00 thereof 3 dollars with a minimum of

PART IV.

　　　　　　　92. For preparing average, bottomry $ c. or arbitration bond (see No. 29)

6 00

1 50

6 00

$ c.

24.00

5 per

cent.

Fees to be taken in respect of certain other Services which may be rendered by the Consul, at his discretion, at the request of Parties interested. SERVICES IN RESPECT OF WHICH THE FEE IS TO BE TAKEN.

fraction thereof, 3 dollars, with a max- imum per day of (see Notes 3 and 4)

105.-On sums remitted, or paid, to a Consul by private persons to be ex- pended, or handed over, in accordance with their instructions, a commission of)

N.B.-Fee No. 105 is not to be charged on sums re- ceived for charitable purposes or for the pecuniary relief or repatriation of Britishi subjects in difficulty or distress.

106.-On sums recovered by a Consul at the request, and on behalf, of private persons, a commission of.......

107.--On deposits of money or valu- 5 per ables, a commission of ..

　　　　　　　　93: For drawing a declaration or other document, cr the body of a protest, or for taking down in writing verbal de- clarations or depositions of persons made before the Consul, or for reducing into writing agreements made before him by contracting parties, exclusive of fees for attestation, &c. (see Part II.), if not exceeding 100 words....

1 50 94.-If exceeding that number, for each subsequent 10 words, or fraction thereof 0 75

　　　　　　95.-For assisting in drawing up peti- tions, applications, or other documents not specified, each........

1 50

96. For making a copy of a document, if not exceeding 100 words, exclusive of fee for certificate (sec Part II., No. 70)... 0 75

97.-If exceeding that number, for every subsequent 100 words, or fraction thereof..

N.B.-If the copy is in any foreign language double the abovo fecs are to be charged. 98. For making or verifying a trans- lation of a document, for every 100 words, or fraction thereof, exclusive of fee for certificate (see Part II., No. 41)

99. For drawing a will, if not exceed- ing 200 words (see Nos. 11 and 55)...

10. If exceeding that number, for every subsequent 100 words, or fraction thereof..

101. For drawing a power of attorney (see No. 1)

0 75

1 50

6 00

1 50

3.00

102.-In cases where one or more attest- ing witnesses, besides the Consul, are re- quired, for each witness supplied by him at the request of the parties interested... 0 75

　　　　　　　　N.B. As to the following fees (103 to 109) the discre tionary Services for which they are charge le are not to be undertaken except at the sole risk and responsibility of the parties req testing the same, aui (except as regards Fees 103 and 109) on condition of such Parties signing the proper Declaration, as the case may be.

103.-On sums advanced by a Con- per

sul at the request, and on behalf, of private persons, a commission of................

104.-Attendance out of Consular of- fice, at the request, and on behalf, of pri- vate persons, for the transaction of busi- ress which a Consul is permitted, but is not bound, to undertake under the Con- sular Regulations, for each hour, or

cent.

per cent.

cent.

N.B. The deposit not to be accepted until the Consul holds an acknowledgment, duly signed by or on behalf of the depositor. The Consul shall give a deposit receipt

therefor.

In the case of valuables the fee is to be calculated upon an estimate of their value, which must be given by the depositor when making the deposit.

108. For the administration and] distribution of the property, situate in the country of the Consul's residence, of a deceased British subject, not being a seaman, when undertaken in cases of dificulty, and upon the written

quest of the legally competent re- presentatives of such deceased person, who shall at the same time declare in writing that they are aware of the fee chargeable for such service, and agree to pay the same

109. In the case of the Consul's ac- ting as arbitrator, provided the parties interested declare in writing in the re- ference to arbitration that they are aware of the nature and rate of the fee chargeable for such service, and agree to pay the same, a commission on the value of the property or amount in dispute of 2 per cent., with a minimum of....

2 per cent.

gross value.

$ c.

12 00

N.B. The value of the property or amount in dispute must be racertained and agreed by the parties to the arbitration, and stated in the reference to arbitration.

NOTES.-1.-If the Consul should be named Commis- oner to examine witnesses under a Corumission issued Ja British Court of Justice he is allowed to act as such, hging and retaining the customary fees for so doing.

2. No fee is to be charged for drafting or receiving de- positions, &c., taken er officio nuder the Merchant Ship- ping Acts, except in cases specially provided for.

3. In cases of attendances (Parts III. and IV.), the fee per day is to cover a period not exceeding twelve hours.

4.--In cases of attendances (Parts III, and IV.), if the Consul finds it necessary to be accompanied by a clerk, the fee will be increased by one-half, or if a clerk only is sent, half the fees are to be charged.

THE FOREIGN JURISDICTION ACT, 1878.

41 AND 42 VICTORIA, CHApter 67.

AN ACT FOR EXTENDING AND AMENding the Foreign JURISDICTION ACTS [16TH AUGUST, 1878.]

　　　　Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: (that is to say),-

1.-(1.) This Act shall be construed as one with the Foreign Juris- diction Acts 1843 to 1875, and those Acts, together with this Act, may be cited as the Foreign Jurisdiction Acts, 1843 to 1878, and this Act may be cited separately as the Foreign Jurisdiction Act, 1878.

(2.) The Acts whereof the titles are given in the First Schedule of this Act may be cited by the respective short titles given in that Schedule.

　　　　　　　2. The Acts mentioned in the Second Schedule to this Article are hereby repealed to the extent in the third column of that Schedule men- tioned; provided that,-

(1.) Any Order in Council, commission, or instructions made or issued in pursuance of any enactment hereby repealed, and in force at the passing of this Act, shall continue in force until altered or revoked by Her Majesty; and

(2.) This repeal shall not affect anything done or suffered, or any right accrued or liability incurred before the passing of this Act; and

(3.) Any action, suit or other proceedi' g affected by any enact- ment hereby repealed may be carried on in lik: manner as if this Act had not been passed.

Construction of Act & short title. & 29 Vict, c.116.

6 x 7 Vict., c. 91.

29&3 Vict.,c. 87. 33&39Vict. c. 85.

Repeal of enact- ments in second Schedule.

in Council to

Schedule.

3.-(1.) It shall be lawful for Her Majesty the Queen in Council, if Power for Queen it seems fit, from time to time, by Order, to direct that all or any of the extend enact- enactments described in the First Schedule to this Act, or any enactments ments in First for the time being in force amending or substituted for the same, shall 6 and 7 Vict., extend, with or without any excptions, adaptations, or modifications in c.9 the Order mentioned, to any country or place to which for the time being the Foreign Jurisdiction Act, 1843, applies.

(2.) Thereupon these enactments shall operate as if that coun- try or place were one of Her Majesty's Colonies, and as if Her Majesty in Council were the Legislature of that Colony.

made under

Jurisdiction Acts,

　　　　　4.-An Order in Council purporting to be made in pursuance of the Validity oforder Foreign Jurisdiction Acts, 1843 to 1878, or any of them, shall be deemed Foreign a colonial law within the Colonial Laws Validity Act, 1865, that is to say, 6&7 Vict., c. 94. the Act of the session of the twenty-eighth and twen'y-ninth years of the 23 and 29 Vict., reign of Her present Majesty, chapter sixty-three, "to remove doubts as 29 and 30 Vict., to the validity of colonial laws;" and any country or place to which any 39 and 39 Vict., such Order extends shall be deemed a colony withm that Act.

c. 116

c. 87.

c. 85.

Fore ga Jurisdic.

subjects residing

5.-In

In any country or place out of Her Majesty's dominions, in or to Extension of which any of Her Majesty's subjects are for the time being resident or tion Acts over resorting, and which is not subject to any governinent from whom Her Her M jesty's Majesty night obtain power and jurisdiction by tr aty or any of the other in countries means mentioned in the Foreign Jurisdiction Act, 1843, Her Majesty without regular shall by virtue of this Act have power and jurisdiction over Her Majesty's 6 and 7 Vict., subjects for the time being resident in or resorting to that country or

governments.

c. 91.

Jurisdiction over ships in Eastern Seas.

Orders in Council

Parliament.

THE FOREIGN JURISDICTION ACT, 1878.

place, and the same shall be deemed power and jurisdiction had by Her Majesty therein within the Foreign Jurisdiction Act, 1843.

　6.--It shall be lawful for Her Majesty the Queen in Council, from time to time, by Order, to make, for the government of Her Majesty's subjects being in any vessel at a distance of not more than one hundred miles from the coast of China and Japan, any law that to Her Majesty in Council may seem meet, as fully and effectually as any such law might be made by Her Majesty in Council for the government of Her Majesty's subjects being in China or in Japan.

7.-Every Order in Council made in pursuance of the Foreign Juris- to be laid before diction Acts, 1843 to 1878, or any of them, shall be laid before both 6&7 Vict., c. 94. Houses of Parliament fort with after it is made if Parliament be then in 28 & 29Vict.,c.116. 29 & 30 Vict., 87. session, and if not, forthwith after the commencement of the next session 3 & 39Vict., c. 85. of Parliament.

Provisions for protection of persons acting under Foreign

Jurisdiction Acts. 6 and 7 Vict., c. 91.

　8.-(1.) An action, suit, prosecution, or proceeding against any per- son for any act done in pursuance or execution or intended execution of the Foreign Jurisdiction Acts, 1843 to 1878, or auy of them, or of any Order in Council made under the same, or of any such power or jurisdic- tion of Her Majesty as is mentioned in the said Acts, or any of them, or in respect of any alleged neglect or default in the execution of the said Acts or any

of them, or of any such Order in Council, power, or jurisdiction as 38 and 39 Vict., aforesaid, shall not lie or be instituted-

28 and 29 Vict., c. 116.

29 and 30 Vict., c. 87.

c. 85.

6 & 7 Vict., c. 94. 28 & 29Vict.,c.116.

(a.) In any Court within Her Majesty's dominions, unless it is commenced within six months next after the act, neglect, or default complained of, or in case of a continuance of injury or damage, within six months next after the ceasing thereof, or where the cause of action arose out of Her Majesty's dominions, within six months after the parties to such action, suit, prosecution, or proceeding have been within the juris- diction of the Court, in which the same is instituted; (b.) Nor in any of Her Majesty's Courts without Her Majesty's dominions, unless the cause of action arose within the juris- diction of that Court, and the action is commenced within six months next after the act, neglect, or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof.

　　　(2.) In any such action, suit, or proceeding, tender of amends before the same was commenced may be pleaded in lieu of or in addition to any other plea. If the action, suit, or proceeding was commenced after such tender, or is proceeded with after payment into Court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after such tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of such tender or payment; but this provision shall not affect costs on any injunction in the action, suit, or proceeding.

(3.) So far as regards any action, suit, pros cution, or proceed- 29 & 30 Vict., c. 87. ing instituted after the passing of this Act, the provisions of this Section 33 & 39 Vict.,c. 55. shall supersed any provision for a like purpose which is contained in any Order in Council under the Foreign Jurisdiction Acts, 1843 to 1878, and is in force at the passing of this Act, and such provision shall cease to have any effect.

THE FOREIGN JURISDICTION ACT, 1878.

SCHEDULES.

FIRST SCHEDULE (Sections 1 and 3).

SESSION AND CHAPTER.

ENACTMENTS REFERRED TO.

TITLE.

SHORT TITLE.

6 and 7 Vict., c. 34.

12 and 13 Vict., c. 96.

An Act for the better apprehension of

certain offenders.

An Act to provide for the Prosecution and Trial in Her Majesty's Colonies of offences committed within the jurisdiction of the Admiralty.

Fugitive Offenders

Act, 1843. Admiralty Offences Colonial Act, 1849.

14 and 15 Vict., c. 39, An Act to amend the law of evidence. Evidence Act, 1831.

Sections seven and

eleven.

17 and 18 Vict., c. 104, The Merchant Shipping Act, 1854.

Part X.

19 and 20 Vict., c. 115. An Act to provide for taking evidence Foreign

22 Vict., c. 20.

in Her Majesty's dominions in rela- tion to civil and commercial mat- ters pending before Foreign Tribu- nals.

Tribunals Evidence Act, 1856.

mission Act, 1859.

An Act to provide for taking evidence Evidence by Com-

in Suits and Proceedings pending before Tribunals in Her Majesty's Dominions, in places out of the jurisdiction of such Tribunals.

22 and 23 Vict., c. 63. An Act to afford Facilities for the more

certain Ascertainment of the Law administered in one part of Her Majesty's Dominions, when pleaded in the Courts of another part there- of.

British Law Ascer- tainment Act, 1859.

23 and 24 Vict., c. 122. An Act to enable the Legislatures of Admiralty Offences

Her Majesty's Possessions abroad to make Enactments similar to the Enactment of the Act ninth George' the Fourth, Chapter thirty-one, Section eight.

24 and 25 Vict., c. 11. An Act to afford facilities for the better ascertainment of the Law of Foreign Countries when pleaded in Courts within Her Majesty's Dominions.

30 and 31 Vict., c. 124. The Merchant Shipping Act, 1867.

Section eleven.

37 and 38 Vict., c. 94, The Conveyancing (Scotland) Act, 1874

Section fifty-one.,

Colonial Act, 1860.

Foreign Law Ascer- tainment Act, 1861.

The Merchant Ship-

ping Act, 1867. The Conveyancing (Scotland) Act, 1874.

SECOND SCHEDULE (Section 2).

SESSION AND CHAPTER.

ENACTMENTS REPEALED.

TITLE.

SHORT TITLE.

6 and 7 Vict., c. 80. An Act for the better government of The Whole Act.

Her Majesty 3 subjects resorting to

China,

6 and 7 Vict., c. 94. The Foreign Jurisdiction Act, 1813.

Section Seven.

...58

...59

...60

...62

...63

..63

...64

...65

81. Jury

95. Judgment...

...

99. Special Case...

100. Rehearing. New Trial .....

105. Decrees and Orders

116. Execution out of Decrees and Orders...70

119. Stay of Execution

...

120. Seizure and Sale of Goods

...67

...

67 ...68

Rule.

Page.

I. DECISION OF QUESTIONS WITHOUT FOR-

MAL SUIT :-

1. Questions of Fact

5/1

...

6. Questions of Law

...54

II. SUMMARY PROCEDURE FOR CLAIMS

　　　　　　　UNDER 100 DOLLARS III. SUMMARY PROCEDURE FOR ÅDMINIS- TRATION OF LOPERTY OF DECEASED PERSONS ...

IV. SUMMARY PROCEDURE ON BILLS OF

EXCHANGE AND TROMISSORY NOTES...56

V. SUITS FOR SUMS OF 100 DollARS

AND UPWARDS :-

26. Petition...

28. Particulars of demand

29. Paper Annexed

30. Amendment

33. Equity

34. Parties

...

40. Defective Petition

41. Copies for Service

42. Service of Petition

...

43. Defence on ground of Law

41. Answer

...

49. Specific Answer

50. Interrogatories

51. Oath

52. Tender

53. Set off

54. Payment into Conrt

55. Counter claim

56. Proceedings after Answer...

58. Settlement of Issues

59. Reference of Account...

...

CO. Setting down of Case for Hearing 64. Dismissal for want of Prosecution 65. Postponement of Hearing

CC. Hearing List and Hearing Paper 71. Sitting of Court

75. Hearing...

...

84. Proceedings at the Hearing

...

...59

...64

RULES OF HER BRITANNIC MAJESTY'S SUPREME COURT AND OTHER COURTS IN CHINA AND JAPAN.

•

CONTENTS.

Rule.

IX.-PROBATE AND ADMINISTRATION :- 183. Deposit of Will in Lifetime

184. Proceedings on Death

Page.

...80

I. Probate or Administration in General 81 II-Probate and Administration with Will

...

annexed

III.- Administration ...

X. ARBITRATION

...56

230. Affidavits

243 Other Evidence

XI.-AFFIDAVITS AND OTHER EVIDENCE

246. Witness dead, insane, or not appearing.89

249. Admission of Documents

...83

***

...85

...88

247. Oath

...80

XII-MISCELLANEOUS PROVISIONS:-

249. Attorneys and Agents

...90

252. Proceedings by or against Partnerships.90 253. Plaintiff out of Jurisdiction

...90

254. Service

•

261. Absconding Defendant

...

262. Costs

...

...91

264. Paupers...

268. Computation of Time

...

62 275. Amendment

272. Supplemental Statement

273. Death of Party or other Change. 274. Adjourninent

276. Power of Court as to Time 278. Guardian for purposes of Suit XIII CRIMINAL MATTERS :---

I.-In General:

...92

...

92 ...92 92

...

...92

...93

282. Summons

283. Warrant

284. Search Warrant

285. T': Jesses ...

...94

Holiday

289. 1 'ng, &c., of Warrant on Sunday or

II.-Proceedings by Preliminary Examina-

tion and Indictment :

291. Preliminary Examination

296. Statement of Accused...

298. Publicity

299. Recognizance to Prosecute or give Evi-

dence

...

300. Remand

...69

301. Commitment

30?. Bail

...95

95 ...96

...

96 ...96

...96

306. Privileges of Accused...

307. Preparations for Trial

...

.70

308. Indictment

...

...73

...74

...

...74

...

76 ...76

129. Summons to Judgment Debtor... 137. Execution out of Jurisdiction

138. Arrest

140. Sequestration

141. Commitment for Disobedience...

VI-INTERLOCUTORY PROCEEDINGS.

145. Motions

151. Orders to show Cause...

152. Summons

...

VII.-APPEAL TO SUPREME COURT.

I.-In General

...

II.-From Decrees or Orders at Hearing III.-Not from Decrees or Orders at Hearing.79 VIII. SUMMARY ORDERS BEFORE SUIT ..79

326. Execution of Conviction or Order of

Dismissal XIV.-APPEAL TO SUPREME COURT IN

XV. GESTRAL PROVISIONS (CIVIL AND

...101 CRIMINAL MATTERS)

Fees

...

III.-Summary Proceedings :

311.

Hearing

...

320. Adjournment

...

321. Decision

...

322. Conviction

...

97 ...97 97

...98

...99

•

323. Dismissal

321. Costs

...99

100

CRIMINAL CASES

100

RULES OF HER BRITANNIC MAJESTY'S SUPREME COURT

AND OTHER COURTS IN CHINA AND JAPAN.

Framed under the Order of Her Majesty in Council of the 9th day of March, 1865, by the Judge of Her Majesty's Supreme Court, and approved by One of Her Majesty's Principal Secre aries of Stat.

Dated the 4th day of May, 1865.

1.-DECISION OF QUESTIONS WITHOUT FORMAL SUIT.

Questions of Fact.

1. Where the parties between whom a suit might be instituted are In what cases

this proceeding agreed as to any question of fact to be determined between them, they may applicable by consent and by order of the Supreme Court or other Court on sammous which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to be tried,-proceed to the trial of any question of fact, without any petition presented or other pleading.

may

2. Such question may be stated for trial in an issue, and such issue Issue. be set down for trial, and tried accordingly, as if the question stated

were to be determined at the hearing of an ordinary suit.

3. The parties may, if they think fit, enter into an agreement in Money payrien

writing, which shall be embodied in an rder of the Court, that on the

擘

finding of the Court in the affirmative or negativ. of such issue, a sum of money, fixed in the agreement, or to be ascertained by the Court, upon a question inserted in the issue for that purpose, shall be paid by one of the parties to the other, with or without any costs.

On the finding of the Court in any such issue, a decree may be entered for the sum so agreed or ascertained, with or without costs, as the case may be.

4. Where no agreement is entered into as to costs, the costs of the ocsts. whole proceedings shall be in the discretion of the Court.

5. The issue and proceedings and decree shall be recorded, and the Effect of decree decree shall have the same effect as a decree in a contested suit.

Questions of Law.

6. When the parties between whom a suit might be instituted are In what cases. agreed as to any question of law to be determined between them, they may by consent and by order of the Supreme or other Court on summons, which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to be determined,-state any question of law in a special case for the opinion of the Supreme Court, without any petition presented or other pleading.

Supreme Court,

Where the case is stated under order of a Provincial Court, the Court Special case for shall send the case to the Supreme Court, and the Supreme Court may direct the case to be re-stated or to be amended, or may refuse to deter-

Money payment.

Costs.

Decree.

In what cases.

Course of procedure.

Power of Court

o direct

petition.

RULES OF SUPREME COURT.

mine the same if the facts are not sufficiently stated, or if the question thereon is not properly raised, or if the parties cannot agree on an amended case; and may draw inferences of fact from the facts stated in the case.

7. The parties may, if they think fit, enter into an agreement in writing (which shall be embodied in the order for stating the special case or in some subsequent crder), that upon the judgment of the Supreme Court being given in the affirmative or negative of the question of law raised by the special case, a sum of money fixed in the agreement, or to be ascertained by the Supreme Court, or in such manner as it may direct, shall be paid by one of the parties to the other, with or without any costs.

On the judgment of the Supreme Court, a decree of the Supreme Court or of the Provincial Court under whose order the case was stated (as the case may be), may be entered for the sum to be agreed or ascertained, with or without costs, as the case may be.

8. Where no agreement is entered into as to costs, the costs of the whole proceedings shall be in the discretion of the Supreme Court.

　　9. The special case and proceedings and decree shall be recorded, and the decree shall have the same effect as a decree in a contested suit.

II. SUMMARY PROCEDURE FOR CLAIMS UNDER 100 Dollars.

10. Where the claim which any person desires to enforce by proceed- ings in the Court relates to money, goods, or other property, or any matter at issue of a less amount of value than 100 dollars,--or is for the recovery of damages of a less amount than 100 dollars,-proceedings shall be com- menced by summons, and the suit shall be heard and determined in a summary way.

11. The summons shall issue without application in writing.

　　It shall be addressed to the defendant or defendants against whom the claim is made.

　　It shall state briefly and clearly the nature and particulars of the claim, and the amount sought to be recovered.

　　It shall be served on the defendant or defendants within the time and in the manner directed by the Court.

A def ndant shall not be bound to attend personally to answer the summons, unless required expre-sly by the summons so to do, but he must attend personally if summoned as a witness.

　　The provisions of these Rules, relative to suits for sums of 100 dollars and upwards, shall be applicable mutatis mutandis to suits for sums of less than 100 dollars, and shall be so applied accordingly (except as far as the Court may in any case for the avoiding of delay and furtherance c substantial justice think fit otherwise to direct), particularly as to the matters following:-

The service of, summons, notices, and orders.

The summoning of witnesses.

The taking of evidence.

The postponement or adjournment of the hearing.

The allowance of costs.

The contents an effect of order, and the enforcement thereof. The recording of the proceedings.

The mode of appeal.

　　12. Where, either on the application for a summous or before, or at the hearing thereof, it appears to the Court (for reasons to be recorded in the minutes of proceedings) that the nature and circumstances of the case render it unjust or inexpedient to hear and determine the claim in a sum- mary way, the Court may direct proceedings to be taken and carried on by petition, as in suits for sums of 100 dollars and upwards.

IN CHINA AND JAPAN.

III. SUMMARY PROCEDURE FOR ADMINISTRATION OF PROPERTY

OF DECEASED PERSONS.

　　　　　　13. Any person claiming to be a creditor or a legatee, or the next of In what cases. kin, or one of the next of kin, of a deceased person, may apply for and obtain, as of course, without petition filed or other preliminary proceeding, a summons from the Court, requiring the executor or administrator (as the case may be) of the deceased to attend before the Court, and show cause why an order for the administration of the property of the deceased should not be made.

　　　　　　14. On proof of due service of the summons, or on the appearance Order. of the executor or adininistrator in person, or by counsel or attorney, and on proof of such other things (if any) as the Court requires, the Court may, if in its discretion it thinks fit so to do, make an immediate order for the administration of the property of the deceased; and the order so made shall have the force of a decree to the like effect made on the hearing of a cause between the same parties.

　　　　　　The Court shall have full discretionary power to make or refuse such order, or to give any special directions.respecting the carriage or execution of it, and in the case of application for such an order by two or more different persons or classes of persons, to grant the same to such one or more of the claimants or classes of claimants as the Court thinks fit.

　　　　　　If the Court thinks fit the carriage of the order may subsequently be given to such person and on such terms as the Court directs.

property.

　　　　　　15. On making such an order, or at any time afterwards, the Court Custody of may,

if it thinks fit, make any such further or other order as seems expe- dient for compelling the executor or administrator to bring into Court for safe custody, all or any part of the money, or securities, or other property of the deceased, from time to time coming to the hands of the exccutor or administrator, or such other order as seems expedient for the safe keeping of the property of the deceased, or any part thereof, until it can be duly administered under the direction of the Court for the benefit of all persons interested.

16. If the extreme urgency or other peculiar circumstances of any case appear to the Court so to require, the Court may issue such a sum- mons and make such an order or such orders as aforesaid, and may cause proper proceedings to be taken thereon, of its own motion ex officio, or on the information of any officer of the Court, and without any such applica- tion by a creditor or legatee, the next of kin, or one of the next of kin, as is before mentioned.

Proceedings ex officio.

　　　　　　17. The reasons of the Court for making any order under the present Minute of provisions shall be recorded in the minutes of proceedings.

IV.

SUMMARY PROCEDURE ON BILLS OF EXCHANGE AND

PROMISSORY Notes.

reasons.

18. Suits on bills of exchange or promissory notes, instituted within In what cases. six months after the same become due and payable, may be commenced by summons, and may be heard and determined in a summary way as hereinafter is provided.

when.

19. The Court shall, on application within seven days from the ser- Leave to defen vice of the summons, give the defendant leave to defend the suit on his paying into Court the sum indorsed, or on evidence on oath showing to the satisfaction of the Court a good legal or equitable defence, or such facts as would make it incumbent on the holder to prove consideration, or such other facts as the Court deems sufficient to support the application, and on such terms as to security and other things as to the Court seems fit; and in that case the Court may direct proceedings to be taken and carried on by petition in the ordinary way.

Decree

Proceedings after decree.

Deposit of bill.

Security for

ceste.

Holder's

expenses.

One summons against all or any of the parties.

Appeal.

which cases.

Contents of

etition.

RULES OF SUPREME COURT

20. If the defendant does not so obtain leave to defend, the plaintiff, on proof of due service of the summons, shall be entitled as of course at any time after the expiration of such seven days, to an immediate absolute decree for any sum not exceeding the sum indorsed on the summons, together with interest at the rate specified (if any) to the date of the decree, and a sum for costs to be fixed by the Court in the decree.

21. After decree the Court may, under special circumstances, set aside the decree, and may, if necessary, set aside execution, and may give leave to defend the suit, if it appears to the Court reasonable so to do, and on such terms as to the Court may seem just, the reasons for any such order being recorded in the minutes of proceedings.

22. In any proceedings under the present provisions, it shall be competent to the Court to order the bill or note sought to be proceeded. on to be forthwith deposited in the Court, and further to order that all proceedings be stayed until the plaintiff gives security for costs.

23 The holder of a dishonoured bill or note shall have the same remedies for recovery of the expenses incurred in the noting of the same for non-acceptance or non-payment, or incurred otherwise by reason of the dishonour, as he has under the present provisions for recovery of the amount of the bill or note.

24. The holder of a bill or note may, if he thinks fit, obtain one summons under the present provisions against all or any of the parties to the bill or note; aud such summons shall be the commencement of a suit or suits against the parties therein ramed respectively; and all the sub- sequent proceedings against such respective parties shall be carried on, as far as may be, as if separate summonses had issued..

But the summons or its indorsement must set forth the claims against the parties respectively, according to their respective alleged liabilities, with sufficient precision and certainty to enable each defendant to set up any defence on which he individually may desire to rely.

25. Any appeal from a Provincial Court to the Supreme Court in respect of any decision, decree, or order given or made in any such suit does not lie, except by special leave.

V. SUITS FOR SUMS OF 100 DOLLARS AND UPWARDS.

Petition.

26. Subject to the foregoing provisions, where the claim which any person desires to cuforce by proceedings in the Court relates to money, goods, or other property of the amount or value of 100 dollars or upwards, or relates to or involves directly or indirectly a question respecting any matter at issue of the amount or value of 100 dollars or upwards-or is for the recovery of damages of the amount of 100 dollars or upwards-- proceedings shall be commenced by the filing of a petition.

27. The petition shall contain a narrative of the material facts, matters, and circumstances on which the plaintiff relies, such narrative being divided into paragraphs numb red consecutively, each paragraph containing, as nearly as may be, a separate and distinct statement or allegation, and shall pray specifically for the relief to which the plaintiff may conceive himself entitled, and also for general relief.

The petition must be as brief as may be consistent with a clear state- ment of the fac:s on which the prayer is sought to be supported and with information to the defendant of the nature of the claim set up.

Documents must not be unnecessarily set out in the petition in hoc verba, but so much only of them as is pertinent and material may be set out or the effect and substance of so much only of them as is pertinent and material may be given, without needless prolixity.

Dates and sums shall be expressed in figures and not in words.

IN CHINA AND JAPAN.

The petition may not contain any statement of the mere evidence by which the facts alleged are intended to be proved, and may not contain any argument of law.

The facts material to the establishment of the plaintiff's right to recover shall be alleged positively, briefly, and as clearly as may be, so as to enable the defendant by his answer either to admit or deny any one or more of the material allegations, or else to admit the truth of any or all of the allegations, but to set forth some other substantive matter in his answer, b y reason of which he intends to contend that the right of the plaintiff to recover or to any relief capable of being granted on the petition has not yet accrued, or is released or barred or otherwise gone.

Particulars of Demand.

　　　　　　　28. Where the plaintiff's claim is for money payable in respect of any In what cases, contract, express or implied, or to recover the possession or the value of any goods wrongfully taken and detained by the defendant from the plaintiff, it shall be sufficient for the plaintiff to state his claim in the petition in a general form, and to annex to the petition a schedule stating the particulars of his demand, in any form which shall give the defendant reasonably sufficient information as to the details of the claim.

An application for further or better particulars may be made by the defendant before answer on summons.

The plaintiff shall not at the hearing obtain a decree for any sum Effect of exceeding that stated in the particulars, except for subsequent interest and particulare. the costs of suit, notwithstanding that the sum claimed in the petition

for debt or damages exceeds the sum stated in the particulars.

Particulars of demand shall not be amended except by leave of the Amendment. Court; and the Court may on any application for leave to amend, grant the same, on its appearing that the defendant will not be prejudiced by amendment. Otherwise the Court may refuse leave or grant the same on such terms as to notice, postponement of trial, or costs, as justice requires.

Any variance between the items contained in the particulars and the Variance. items proved at the hearing may be amended at the hearing, either at once or on such terms as to notice, adjournment, or costs, as justice requires.

　　　　　　　Where particulars are amended by leave of the Court, or where further Time. or better particulars are ordered to be given, the order shall state the time within which the amendment is to be made or the further or better particulars are to be given; and the order for service of the amended or further or better particulars shall state the time which the defendant is to have to put in his answer.

Papers Annexed.

　　　　　　　　29. Where the plaintiff seeks (in addition to or without any order for In what cases the payment of money by the defendant) to obtain, as against any person, any general or special declaration by the Court of his rights under any contract or instrument,--or to set aside any contract, or to have any bond, bill, note, or instrument in writing delivered up to be cancelled, or to restrain any defendant by injunction, or to have any account taken between himself and any other or of hers,-and in such other cases as the nature of the circumstances makes it necessary or expedient,-the plaintiff in his petition may refer to and briefly describe any papers or documents on the contents of which he intends to rely, and may annex copies of such papers or documents to the petition, where such papers or documents are brief, or may state any reason for not annexing copies of such papers or documents, or any of them respectively (as, their length, possession of copies by the defendant, loss, inability to procure copies), that he may have Inspection. to allege. The plaintiff shall, in his petition, offer to allow the defendant to inspect such papers and documents as aforesaid, or such of them as are in his possession or power.

On application of Defendant.

Costs.

Libellous or offensive expressions.'

Amendment on application of Plaintiff.

　　　　　　　Effect of petition.

Suit on behalf of others.

Joint caus08 of suit.

　　　　　　　Joint and several demand.

Non-joinder or mis-joinder.

　　　　　　　Defendant sued as agent.

RULES OF SUPREME COURT

Amendment.

30. Any plaintiff not giving sufficient information to enable the defendant reasonably to understand the nature and particulars of the claim set up against him, may be ordered, on the application of the defendant before answer, to amend his petition.

The plaintiff may be ordered to annex copies of, or produce for inspection, such papers or documents in his possession or power as he has referred to in the petition, and as the defendant is entitled to inspect for the purposes of the suit.

The Court may in such cases make such order as to costs as justice requires, and stay proceedings until the order is complied with.

31. If any petition contains libellous or needlessly offensive expres- sions, the Court may, either of its own motion before service thereof or on the application of the defendant, order the petition to be amended, and make such order as to costs as justice requires.

32. A petition may be amended at any time before answer by leave of the Court, obtained ex parte.

　Notice of the amendment shall be given to the defendant within such time and in such manner as the Court directs.

Equity.

83. Every petition is to be taken to imply an offer to do equity in the matter of the suit commenced by it, and to admit of any equitable defence, and, on the othe.

bearing any

such equitable relief as he may appear entitled to from the facts stated and proved, though not specifically asked, if it may be granted without hardship to the defendant.

Farties.

　34. Persons entitled to sue and suing on behalf of others, as guardians, executors, or administrators, -or on behalf of themselves and others, as creditors in a suit for administration,-must state the character in which they sue.

　35. All persons having a joint cause of suit against any defendant ought ordinarily to be parties to the suit.

　36. Where the plaintiff has a joint and several demand against several persons, either as principals or as sureties, it is not necessary for him to bring before the Court as parties to a suit concerning such demand all the persons liable thereto, but he may proceed against one or more of the persons severally liable.

　37. If it appears before or at the hearing that any person not joined as plaintiff or as defendant ought to be so joined,-er that any person joined as plaintiff or as defendant ought not to be so joined, the Court may order the petition to be amended, with liberty to amend the other pleadings (if any), and on such terms as to time for answering, postpone- ment or adjournment of hearing, and costs, as justice requires.

　But no person shall be so joined as plaintiff without satisfactory evidence to the Court of his consent thereto.

　Nor shall the name of any plaintiff be struck out unless it appears to the satisfaction of the Court either that he was originally joined as plaintiff without his consent, or that he consents to his name being struck out.

38. Where a plaintiff sucs any person as agent for some other person, not seeking to fix such agent with any personal liability, the Court, on the fact coming to its knowledge, shall, if the person really sought to be fixed with liability is within the particular jurisdiction, forthwith order his name to be substituted, and stay proceedings until the order is complied with. But if he is not within the particular jurisdiction, shall refuse to proceed further in the matter, unless and until the person sued as agent undertakes

IN CHINA AND JAPAN.

by writing under his band, to defend the suit, and personally to satisfy any decree or order for debt or damages and costs therein.

　　　　　　In the latter case the person sued as agent shall further, within such time as the Court orders and before the hearing of the suit, procure and file with the proceedings a sufficient authority in writing from the party on whose behalf such agent is affecting to act to substitute the name of the principal as defendant for his own, and to defend the suit, or otherwise act in it on behalf of such principal.

　　　　　　Such agent shall not, however, be deemed discharged by such authority and substitution from his personal undertaking and liability to satisfy any decree or order in the suit, such authority and substitution being in all cases strictly required as a protection against collusive decrees which might affect absent persons.

petition.

39. In case a petition states two or more distinct causes of suit, by Distinct causes and against the same parties, and the same rights, the Court may either of suit in oue before or at the hearing, if it appears inexpedient to try the different causes of suit together, order that different records be made up, and make such order as to adjournment and costs as justice requires.

　　　　　　　In case a petition states two or more distinct causes of suit but not by and against the same parties, or by and against the same parties but not in the same rights, the petition may, on the application of any defendant, be dismissed.

the

In case such application is made within the time for answer, petition may be dismissed, with substantial costs to be paid by the plaintiff to the defendant making the application; but in case the application is not made within the time for answer, the petition, when the defect is brought to the notice of the Court, may be dismissed without costs, or on payment of Court fees only, as to the Court seems just.

Defective Petition.

40. Where a petition is defective on the face of it by reason of non- Staying. compliance with any provision of these Rules, the Court may either on proceedings. application by a defendant, or of its own motion, make an order to stay proceedings until the defect is remedied.

　　　　　　The Court shall, of its own motion, make an order to stay proceedings on a defective petition, where the defect is patent and serious, and comes to the knowledge of the Court before srvice of the petition on the defendant.

Copies for Service.

41. Where there is only one defendant, one copy of the petition, and Number of of any schedule thereto, for service, is to be left with the Court, together copies. with the original; where there are two or more defendants, as many copies as there are parties to be served are to be left, together with the original.

Service of Petition.

　　　　　　　42. The plaintiff on filing his petition must obtain an order for service Order for of it on the defendant.

Every order for service shall specify a reasonable time after service, ordinarily not more than eight days, within which the defendant must put in his answer.

Defence on Ground of Law.

service.

dismissed

　　　　　　　43. Where a defendant conceives that he has a good legal or equitable Motion that defence to the petition, so that even if the allegations of fact in the petition petition be were admitted or clearly established, yet the plaintiff would not be entitled without any to any decree against him (the defendant), he may raise this defence by a required. motion that the petition be dismissed without any answer being required from him.

　　　　　　　The motion paper shall be filed within the time allowed for putting in an answer.

answer being

Order.

Coks.

Further time

to answer.

　　　　　　　　Effect of defendant not answering.

Leave to answer after time allowed.

　　　　　　　Form and contents of

answer.

RULES OF SUPREME COURT

It must state briefly the grounds of law on which the defendant intends to rely at the hearing of the motion.

be.

The motion shall be heard and disposed of at as early a time as may

For the purposes of the motion the defendant shall be taken to admit the truth of the allegations of fact in the petition, and no evidence as to matters of fact or discussion of questions of fact shall be admitted at the hearing of the motion.

On hearing the motion the Court shall either dismiss the petition or order the defendant to put in an answer within a short time, to be named in the order, and may give leave to the plaintiff to amend his petition if it appears requisite, and may impose such terms as justice requires.

Where, on the hearing of the motion, any grounds of law are urged in support of the motion beyond those stated in the motion paper, and the grounds stated thereia are disallowed, the defendant shall be liable to pay the same costs as if the motion were wholly refused, although the grounds of law newly urged are allowed, unless the Court thinks fit in any case to order otherwise.

Answer.

44. The defendant may obtain further time for putting in his answer, on summons stating the further time required, and the reasons why it is required.

　The application when made, unless consented to, must be supported by affidavit or by oral evidence on oath, showing that there is reasonable ground for the application, and that it is not made for the purpose of delay.

45. Where a defendant does not put in any answer he shall not be taken as admitting the allegations of the petition, or the plaintiff's right to the relief sought; and at the hearing (even though such dofendant dres not appear) the plaintiff must open his case, and adduce evidence in sup- port of it, and take such judgment as to the Court appears just.

46: A defendant neglecting to put in an answer within the time or further time allowed, shall not be at liberty to put in any answer without leave of the Court.

The Court may grant such leave by order on the ex parte application of the defendant at any time before the plaintiff has set down the cause, or applied to have it set down for hearing.

Where the cause has been set down or the plaintiff has applied to have it set down for hearing, the Court shall not grant such leave except on return of a summons to the plaintiff, giving notice of the defendant's application, and on such terras as to costs and other matters as seem just.

　47. The answer shall show the nature of the defendant's defence to the claim set up by the petition, but may not set forth the evidence by which such defence is intended to be supported.

　It should be clear and precise, and not introduce matter irrelevant to the suit, and the rules before laid down respecting the setting out of documents and the contents of a petition generally shall be observed in answer, mutatis mutandis.

It must deny all such material allegations in the petition as the defendant intends to deny at the hearing..

　Where the answer denies an allegation of fact, it must deny it directly, and not by way of negative pregnant: (for example) where it is alleged that the defendant has received a sum of money, the answer must deny that he has received that sum or any part thereof, or else set forth what part he has received. And so, where a matter of fact is alleged in the petition with certain circumstances, the answer must not deny it literally as it is alleged, but must answer the point of substance positively and certainly.

IN CHINA AND JAPAN.

The answer must specifically admit such material allegations in the petition as the defendant knows to be true, or desires to be taken as admitted. Such admission, if plain and specific, will prevent the plaintiff from obtaining the cost of proving at the hearing any matters of fact so admitted.

All material allegations of fact admitted by a defendant shall be taken as established against him, without proof thereof by the plaintiff at the hearing. But the plaintiff shall be bound to prove as against each defendant all allegations of fact not admitted by him, or not stated by him to be true to his belief.

The answer must allege any matter of fact not stated in the petition on which the defendant relies in defence, as establishing, for instance, fraud on the part of the plaintiff, or showing that the plainti .'s right to recover, or to any relief capable of being granted on the petition, has not yet accrued, or is re eased or barred or otherwise gone.

48. The answer of a defendant shall not debar him at the hearing Effect of answer from disproving any allegation of the petition not admitted by his answer,

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　at hearing. or from giving evidence in support of a defence not expressly set up by the answer, except where the defence is such as, in the opinion of the Court, ought to have been expressly set up by the answer or is inconsistent with the statements of the answer- or is, in the opinion of the Court, likely to take the plaintiff by surprise, and to raise a fresa issue or fresh issues of fact or law not fairly arising out of the pleadings as they stand, and such as the plaintiff ought not to be then called upon to try.

Specific Answer.

19. Where the defendant does not answer, or puts in an answer Sammons to amounting only to a general denial of the plaintiff's claim, the plaintiff compel. may apply by summons for an or 'er to compel him to answer specifically to the several material allegations in the petition; and the Court, if such allegations are briefly, positively, separately, and distinctly made, and it thinks that justice so requires, may grant such an order.

The defendant shall, within the time limited by such order, put in Nature of his answer accordingly, and shall therein answer the several material answer. allegations in the petition, either admitting or denying the truth of such allegations seriatim, as the truth or falsehood of each is within his know- i ledge, or (as the case may be) stating as to any one or more of the allega- tions that he does not know whether such allegation or allegations is or are true or otherwise.

The defendant so answering may also set up by such answer any defence to the suit, and may explain away the effect of any admission therein made by any other allegation of facts.

Interrogatories.

　　　　　　　50. Where an answer so put in fails substantially to comply with the In what cases, terms of the order, by reason of any one or more of the material allegations not being either denied or admitted thereby, or not being met by a state- ment in the answer that the defendant does not know whether such allegation or allegations is or are true or otherwise, the plaintiff may apply to the Court to examine the defendant on written interrogatories; and the Court may, if it sees fit, examine the defend nt accordingly on written interrogatories allowed by the Court, and embodying material allegations of the p tition in an interrogative form, and may reduce the answers of the defendant to writing.

　　　　　　　Such answers shall be taken for the purposes of the suit to be a part of the defendant's answer to the petition.

Oath.

51. The Court may, where the circumstances of the case appear to Power of require it, order the defendant to put in an answer on oath.

Court to

require.

Payment into Court.

Particulars.

Payment into

Court.

Costs.

Cross suit.

Answer.

Effect.

Acceptance by plaintiff.

Non-acceptance.

Costs.

Cross petition in sanie suit.

No plearling after answer.

RULES OF SUPREME COURT

Tender.

52. A defence alleging tender by the defendant must be accompanied by payment into Court of the amount alleged to have been tendered.

Set-off.

53. A defence of set-cff to a claim for money, whether in debt or in damages, must be accompanied by a statement of particulars of set-off; and if pleaded as a sole defence, unless extending to the whole amount of the plaintiff's claim, must also be accompanied by payment into Court of the amount to which, on defendant's showing, the plaintiff is entitled; and in default of such payment the defendant shall be liable to bear the costs of the suit. even if he succeeds in his defence to the extent of the set-off pleaded.

Where a defendant in his answer raises a defence by way of set-off, which, in the opinion of the Court, is not admissible as set-off, the Court may either before or at the hearing, on his application, give him liberty to withdraw such defence, and to file a cross petition and may make such order for the hearing of the suit and cross suit together or otherwise, on such terms as to costs and other matters as seem just.

Payment into Court.

54. Payment into Court by the defendant must be accompanied by an answer. The answer must state distinctly that the money paid in is paid in satisfaction of the plaintiff's claim generally, or (as the case may be) in satisfaction of some specific part of the plaintiff's claim, where the claim is stated in the petition for distinct sums or in respect of distinct matters. Payment into Court, whether made in satisfaction of the plaintiff's claim generally or in satisfaction of some specific part thereof, operates as an admission of liability to the extent of the amount paid in, and no more, and for no other purpose.

Where the defendant pays money into Conrt, the plaintiff shall be at liberty to accept the same in full satisfaction and discharge of the cause of suit in respect of which it is paid in; and in that case the plaintiff may forthwith apply by motion for payment of the money out of Court to him; and on the hearing of the motion the Court shall make such order as to stay of further proceedings in the suit, in whole or in part, and as to costs and other matters, as seems just.

If the plaintiff does not so apply, he shall be considered as insisting that he has sustained damage to a greater amount, or (as the case may be) that the defendant was and is indebted to him in a greater amount than the sum paid in; and in that case the Court, in determining the suit and disposing of costs at the hearing, shall have regard to the fact of the payment into Court having been made and not accepted.

Counter-claim.

55. Where a defe dant in his answer raises any specific defence, and it appears to the Court that on such defence being established be may be entitled to relief against the plaintiff in respect of the subject-matter of the suit, the Court may, on the application of the defendant, either before or at the bearing, if under the circumstances of any case it thinks fit, give liberty to him to file a counter-claim by a cross-petition in the same suit, asking for relief against the plaintiff, and may make such order for the hearing of the suit and counter-claim together or otherwise, and in such manner and on such terms as to costs and other matters as seem just, and may, if in any case it seems fit, require the plaintiff to give security to the satisfaction of the Court (by deposit or otherwise) to abide by and perform the decision of the Court on the counter-claim.

Proceedings after Answer.

56. No replication or other pleading after answer is allowed except by special leave of the Court.

IN CHINA AND JAPAN.

petition after

57. Where the plaintiff considers the contents of the answer to be such Amendment of as to render an amendment of the petition necessary or desirable, he may answer. obtain ex parte an order to amend the petition on satisfying the Court that the amendment is not intended for the purpose of delay or vexation, but because it is considered to be material for the plaintiff's case.

Notice of the amendment shall be given to the defendant within such time and in such manner as the Court in each case directs.

Settlements of Issue.

hearing.

58. At any time before or at the hearing the Court may, if it thinks Before or at fit, on the application of any party or of its own motion, proceed to ascer- tain and determine what are the material questions in controversy between the parties, although the same are not distinctly or properly raised by the pleadings, and may reduce such questions in writing and settle them in the form of issues; whien issues when settled may state questions of law on admitted facts, or questions of disputed fact, or questions partly of the one kind and partly of the other.

In settling issues the Court may order or allow the striking out or Amendm nt of amendment of any pleading or part of a pleading so that the pleadings pleadings. may finally correspond with the issues settled, and may order or allow the striking out or amendment of any pleading or part of a pleading that appears to be so framed as to prejudice, embarrass, or delay the trial of

the cause.

LUCK,

Where the application to the Court to settle issues is made at any Application vio stage of the proceedings at which all parties are actually present before the Court, either in person or by counsel or attorney, or at the hearing, the application may be made viva voce, and may be disposed of at once, otherwise the application must be made and disposed of on summons.

Reference of Account.

On summons.

　　　　　　　59. Where it appears to the Court at any time after suit instituted, In what cases. that the question in dispute relates either wholly or in part to matters of mere account. the Court may, according to the amount of public business pending, either decide such question in a summary way, or order that it be referred either wholly or in part to some person agreed on by the parties, or in case of their non-agreement, appointed by the Court.

The referee shall enter into the account and hear evidence, and report on it to the Court, according to the order; and the Court after rehearing the parties may adopt the conclusions of the report, either wholly or in part, or may direct a further report to be made by the referee, and may grant any necessary adjournment for that purpose.

Setting down of Cause for Hearing.

Order for setting

When plaintiff

60. No cause can be set down for hearing without order of the Court do first obtained.

61. At the expiration of the time allowed for answering, the plaintiff may apply. may apply ex parte for an order to set down the cause for hearing.

When and how

evidence.

62. Where the defendant has put in an answer, the plaintiff must far plaintiff to carefully consider the answer, and if he finds that upon the answer alone enter into there is sufficient ground for a final decree or order, he must proceed upon the answer without entering into evidence preparatory to or at the hearing.

Or, if it is needful to prove a particular point, he must not enter into evidence as to other points that are not necessary to be proved.

In the first case, if he enters into evidence at all, and in the second case, if he en ers into evidence as to such other points, he renders himself liable to pay the costs thereof.

63. An order to set down the cause may be made on the application of Order for the defendant by summons, if it appears to the Court, having regard to the setting down state of the pleadings, that the cause is ready to be heard and that there of defendant.

on application

In what cases.

To be kept.

Order of causes.

　　　　　　　　Notice to parties.

　　　　　　　　Causes taken out of turn.

Adjournment.

On what days.

RULES OF SUPREME COURT

has been delay on the part of the plaintiff in obtaining an order for set- ting down the cause, for which the plaintiff has no reasonable excuse (as the absence or illness of a material witness), and that the defendant is prejudiced or may reasonably be expected to be prejudiced by such delay. Dismissal for want of Prosecution.

64. Where the plaintiff does not obtain an order for setting down the cause within three months from the time at which he might first apply for such an order, the defendant may apply by motion for an order to dismiss the petition for want of prosecution.

On such application, the Court may, if it thinks fit, make an order dismissing the petition, or make such other order, or impose such terms as the Court thinks just and reasonable.

Postponement of Hearing.

65. The Court may at any time on a summons taken out by any party postpone the hearing of a cause set down, on being satisfied by evidence on oath that the postponement will have the effect of better ensuring the hearing and determination of the question between the parties on the merits.

When such an application is made on the ground of the absence of a witness, the Court shall require to be satisfied that his evidence is material, and that he is likely to return and give evidence within a reason- able time.

Where such an application is made for the purpose of enabling the party applying to obtain the evidence of a witness resident out of the particular jurisdiction, the Court shall require to be satisfied that the evidence of the witness is material, and that he is likely to give evidence, and that he is permanently residing out of the jurisdiction, or does not intend to come within the jurisdiction within a reasonable time. The party making such application must also apply for an order for the exa- mination of such witness out of the jurisdiction, or for leave to use an affidavit to be made by such witness as evidence at the hearing.

Hearing List and Hearing Paper.

　66. There shall be kept a General Hearing List for causes and a Hearing Paper.

　67. When a cause is set down for hearing it shall be placed in the general hearing list, and shall be transferred to the hearing paper strictly in its turn and order, according as the general hearing list becomes exhausted.

The regular order shall in no case be departed from without special direction.

68. When a cause is about to be transferred from the general hearing list to the hearing paper, notice shall be served on the parties; and unless the Court in any particular case directs otherwise, ten days shall be allowed between service of such notice and the day of hearing.

69. When any cause or matter has been specially directed by the Court to be heard on a particular day, or out of its ordinary turn the name of the cause or matter shall be placed in the hearing paper, with the words "by order" subjoined.

•

70. In case of any adjournment of the hearing from the day appointed in the hearing paper by reason of the preceding causes in the hearing paper not having been got through, or under any order of the Court made during the sitting on that day, no further notice to either party of the adjournment day shall be requisite; and the adjournment day shall, unless otherwise ordered by the Court, be the next ordinary Court day.

Sittings of Court.

71. The sittings of the Court for the hearing of causes shall be, where the amount of public business so warrants, held on fixed and stated days.

IN CHINA AND JAPAN.

The Court may, at its discretion, appoint any other day or days from time to time for the hearing of causes, as circumstances require.

72. The sittings of the Court for the hearing of causes shall ordinarily Publicity. be public; but the Court may, for a reason to be specified by it on the minutes, hear any particular cause or matter in the presence only of the parties, and their legal advisers and the officers of the Court.

witnesses out

73. On the application of either party at the commencement of the Keeping proceedings, or of its own motion, the Court may order witnesses on both of Court. sides to be kept out of Court until they have respectively given their evi- dence; but this rule does not extend to the parties themselves or to their respective legal advisers, although intended to be called as witnesses.

74. Subject to special arrangements for any particular day, the busi- Order of ness of the day shall be taken, as nearly as circumstances permit, in the business at following order :-

(i.) At the commencement of the sitting, judgment shall be delivered in matters standing over for that purpose, and appearing for judgment in

the paper:

　　　　　　(ii.) Ex parte motions and motions by consent shall next be taken, in the order in which the motion papers have been sent in:

　　　　　　(iii.) Opposed motions on notice, and arguments on showing cause against orders returnable on that day, shall then be taken, in the order in which these matters respectively stand in the hearing paper:

(iv.) The causes in the hearing paper shall then be called on, in their order, unless the Court sees fit to vary the order.

Hearing.

sittings.

75. When a cause in the hearing paper has been called on, if neither Non-appearance

of both parties. party appears, either in person or by counsel or attorney, the Court on being satisfied that the plaintiff has received notice of the hearing, shall, unless it sees good reason to the contrary, strike the cause out of the hearing paper.

76. If the plaintiff does not appear in person or by counsel or attorney, Non-appearance the Court, on being satisfied that the plaintiff has received notice of the of plaintiff. hearing, shall, unless it sees good reason to the contrary, strike out the cause, and make such order as to costs in favour of any defendant appearing as seems just.

of defendant.

77. If the plaintiff appears, but the defendant or any of the defen- Non-appearance dants do not appear, in person or by counsel or attorney, the Court shall, before hearing the cause, inquire into the service of the petition and of notice of hearing on the absent party or parties.

If not satisfied as to the service on every party, the Court shall direct that further service be made as it directs, and adjourn the hearing of the cause for that purpose.

If satisfied that the defendant or the several defendants has or bave been duly served with the petition and with notice of the hearing, the Court may proceed to bear the cause, notwithstanding the absence of the defendant or any of the defendants, and may, on the evidence addued by the plaintiff, give such judgment as appears just. The Court, however, shall not be absolutely bound to do so, but may order the hearing to stand over to a further day, and direct fresh notice to be given to the defendant or defendants, in case justice seems to require an adjournment.

　　　　　　78. Where the Court hears a cause and gives judgment in the absence Rehearing for of and against any defendant, it may afterwards, if it thinks fit, on such defendant. terms as seem just, set aside the decree and rehear the cause, on its being established by evidence on oath to the satisfaction of the Court that the defendant's absence was not wilful, and that he has a defence upon the merits.

Restoration of

RULES OF SUPREME COURT

　　　　　　　　　　　　79. Where a cause is struck out by reason of the absence of the plaintiff cause to list for it shall not be restored without leave of the Court, until it has been set plaintiff.

down again at the bottom of the general hearing list, and been transferred in its regular turn to the hearing paper.

Non-appearance of plaintiff a second time.

Time for demand

80. Where a cause has been once struck out, and has been a second time set down, and has come into the hearing paper, and on the day fixed for the hearing the plaintiff, having received due notice thereof, fails to appear either in person or by counsel or attorney when the cause is called on the Court, on the application of the defendant, and if the non-appearance of the plaintiff appears to be wilful and intended to harass the defendant, or to be likely to prejudice the defendant by preventing the hearing and determination of the suit, may make an order on the plaintiff to show cause why a day should not be fixed for the peremptory hearing of the cause; and on the return to that order, if no cause or no sufficient cause be shown, the Court shall fix a day accordingly, upon such notice and other terms as seem just.

　In case the plaintiff does not appear on the day so fixed, either in person or by counsel or attorney, the Court shall, unless it sees good reason to the contrary, dismiss the petition, which dismissal shall have the same effect as a dismissal on the merits at the hearing.

Jury.

　　　　　　　　　　　　81. Notice of demand of a jury, or of application for a jury, must be of or application filed seven days at least before the day of heariug.

for jury. Appeal.

　　　　　　Adjournment for jury.

•

　　　　　　　　Order of proceeding.

82. An appeal does not lie against the refusal of an application for a jury.

　83. Where notice of demand of a jury has not been filed in due time, or if at the hearing both parties desire a jury, the Court may, on such terms as seem just, adjourn the hearing, in order that a jury may be summoned.

Proceeding at the Hearing.

84. The order of prooceeding at the hearing of a cause shall be as follows:

The plaintiff shall state the pleadings.

The party on whom the burden of proof is thrown by the nature of the material issues or questions between the parties has the right to begin; he shall address the Court and open his case.

He shall then call his evidence and examine his witnesses in chief. When the party beginning has concluded his evidence, he shall ask the other party if he intends to call evidence (in which term is included evidence taken by affidavit or deposition, or under commission, and do- cumentary evidence not already read or taken as read); and if answered in the negative, he shall be entitled to sum up the evidence already given, and comment thereon, but if answered in the affirmative, he shall wait for his general reply.

When the party beginning has concluded his case, the other party shall be at liberty to address the Court, and to call evidence, and to sum up and comment thereon.

If no evidence is called or read by the latter party, the party beginning (saving the right of the Crown) shall have no right to reply, unless he has been prevented from summing up his case by the statement of the other party of his intention to call evidence.

The case on both sides shall then be considered closed.

If the party opposed to the party beginning calls or reads evidence, the party beginning shall be at liberty to reply generally on the whole case; or he may call fresh evidence in reply to the evidence given on the other side, on points material to the determination of the issues, or any of them, but not on col'ateral matters.

IN CHINA AND JAPAN.

　　　　　　　Where evidence in reply is tendered, and allowed to be given, the party against whom the same has been adduced shall be at liberty to address the Court, and the party beginning shall be entitled to the general reply.

tion and re-

85. Each witness, after examination in chief, shall be subject to cross- Cross-examina examination by the other party, and to re-examination by the party calling examination. him, and after re-examination may be questioned by the Court, and shall not be recalled or further questioned save through and by leave of the Court.

86. The Court shall take a note of the substance of the viva voce evidence in a narrative form, but shall put down the terms of any particular question or answer, if there appears any special reason for doing so.

　　　　　　　No person shall be entitled as of right, at any time or for any purpose, to inspection or a copy of the Court's notes.

Notes of

evidence.

evidence,

　　　　　　　87. All objections to evidence must be taken at the time the question Objection te objected to is put, or, in case of written evidence, when the same is about to be put in, and must be argued and decided at the time.

objection.

　　　　　　　88. Where a question put to a witness is objected to, the Court unless Note of the objection appear frivolous, shall take a note of the question and objec- tion, if required by either party, and shall mention on the notes whether the question was allowed to be put or not, and the answer to it, if put.

　　　　　　　89. Where any evidence is by affidavit, or has been taken by commission, Evidence by or on deposition, the party adducing the same may read and comment on it, either immediately after his opening, or after the viva voce evidence on his part has been concluded.

flidavit

tion.

　　　　　　　90. The Court may, at its discretion, if the interests of justice appear Admission of absolutely so to require (for reasons to be recorded in the minutes of although no proceedings), admit an affidavit in evidence, although it is shown that the cross-examina party against whom the affidavit is offered in evidence had no opportunity of cross-examining the person making the affidavit, on such terms, if any, as seem just.

91. Documentary evidence must be put in and read, or taken as read Documentary.

by consent.

　　　　　　　Every document put in evidence shall be marked by the Court at the time, and shall be retained by the Court during the hearing, and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is impounded by order of the Court.

evidence.

　　　　　　　92. Where the evidence adduced at the hearing varies substantially Variance from the allegations of the respective parties in the pleading, it shall be in the discretion of the Court to allow the pleadings to be amended.

　　　　　　　93. The Court may allow such amendments on such terms as to Amendments. adjournment, costs, and other things as seem just, so as to avoid surprise and injury to any party; but all amendments necessary for the determina- tion in the existing suit of the real question in controversy between the parties shall be made if duly applied for.

　　　　　　　94. The Court may at the hearing order or allow, on such terms as Pleadings seem just, the striking out or amendment of any pleading that appears so fair trial.

prejudicing framed as to prejudice, embarrass, or delay the fair trial of the real questions in controversy between the parties.

Judgment.

　　　　　　　95. Decisions and judgments shall be delivered or read in open court, Publicity. in presence of the parties and their legal advisers.

hear judgment,

96. If the judgment of the Court is reserved at the hearing, parties Summons to to the suit shall be summoned to hear judgment, unless the Court at the hearing states the day on which judgment will be delivered, in which case no summons to hear judgment shall be issued.

　　　　　　　97. All parties shall be deemed to have notice of any decision or judg- ment, if the same is pronounced at the hearing of the application or suit.

Notice to partic of judgment,

　　　　　　　　　Minute of judgment.

Decision, judg-

ment, or verdict subject to special

Case.

General power

of Court as to rehearing or new trial. Time for application

for new trial.

Jury may be demanded

on new trial.

Court may order jury.

On appeal jury may be onderd

RULES OF SUPREME COURT

　All parties duly served with notice to attend and hear judgment shall be deemed to have notice of the judgment when pronounced.

　98. A minute of every judgment, whether final or interlocutory, shall be made, on which the decree or order my be drawu up on the application of any of the parties.

Special Case.

　99. Any decision or judgment may be given, or verdict tak n, subject to a special case to be stated for the opinion of the Supreme Court.

Rehearing. New Trial.

　100. The Court may, in any case, on such terms as seem just, order a rehearing or new trial, with a stay of proceedings.

　101. An application for a new trial may b made and determined on the day of hearing, if all parties are present, or on notice of motion, filed not later than 14 days after he hearing.

　Such notice shall not of itself operate as a stay of proceedings; but any money in Court in the suit shall be retained to abide the result of the motion or the further order of the Court.

　After the expiration of such 14 days, an application for a new trial shall not be admitted, except by special leave of the Court, on such terms as seem just.

　102. On an order for rehearing or new trial, either party may demand a jury for the second trial, though the first was not with a jury.

103. The Court may, if it thinks fit, make it a condition of granting

a rehearing or new trial ta the trial shall be with a jury.

　　　　　　　　　　　　　104. Where the Supreme Court, on appeal from a Court where trial for second trial. With a jury can be had, thinks fit to direct a rehearing in the Court below,

it may direct that the second trial shall be with a jury.

Date of decree or order.

　　　　　　Drawing up of decree or order.

Certified copies.

Ex parte orders,

Statement of time in decree or order.

Immediate payment.

Indorsement

in decree or

Decrees and Orders.

　105. A decree or order sh 1lear date‹f the day on which the decision or judgment on which the decree or order is founded, is pronounced.

　106. Decrees and orders shall be drawn up in form only on the application of some party to the suit, and shall then be passed, certified by the seal of the Court, and entered, and shall then form part of the record.

　No decree or order shall be enforced or appealed from, nor shall any copy thereof be granted, until it has been so drawn up, passed, and entered.

　107. Any party to the suit is entitled to obtain a copy of a decree or order, when drawn up, passed, and entered, such copy to be certified under the seal of the Court.

　108. Where an order is made ex parte, a certified copy of the affidavit or deposition on which the order is gr nt d must be served on the party affected by the order, together with the order.

•

　109. Wher in any suit or mat.er a decree or order directs any person to pay money or do any ot er act, the same or some subsequent decree or order shall state the precise time within which the payment or other act is to be made or done, reckon d from the date or from t e service of the decree or order in which the time is stat d, or from some other point of time, as seems fit.

　110. A decree or order may direct the payment to be made, or act to be done, immediately after service of the decree or order, if, under special circumstances, the Court thinks fit so to direct.

111. Where th decree or order is one directing payment of money, order for money there shall be indorsed on the copy of it served on the person required to payment obey it a memorandum in the words, or to the effect, following:-

"If you, the wit: in-named A.B., neglect t ob y this decree [or "order] by the time therein limited, you will be liab e to have a

IN CHINA AND JAPAN.

"writ of execution issued against your goods; under which they may be seized and sold, and will also be liable to be summoned 'by the Court, and to be examined as to your ability to make "the payment directed by this decree [or order], and to be

imprisoned in case of your not answering satisfactorily."

((

112. Where the decree or order is one directing some act to be done or for other act. other than payment of money, there shall be indorsed on the copy of it served on the person required to obey it a memorandum in the words, or to the effect, following:-

If you, the within-n med A.B., neglect to obey this decree [or order] within the time therein limi ed, you will be liable to be "arrested under a war ant to be issued by the Court, and will "also be liable to have your property sequestered, for the pur-

pose of compelling you to obey this decree [or order]."

　　　　　113. A decree or order may direct that money directed to be paid by Instalments. any person be paid by such instalments as the Court thinks fit.

114. All money directed by any decree or order to be paid by any How payment person, shall be paid into Court in the suit or matter, unless the Court to be made, otherwise direct.

..der by or

　　　　　115. Every person not being a party in any suit, who obtains an order Enforcement of or. in whose favour an order is made, is entitled to enforce obedience against persons thereto by the same process as if he were a party to the suit.

And every person not being a party to any suit against whom obedi- ence to any order may be enforced, is liable to the same process for enforcing obedience to such order as if he were a party to the suit.

Execution of Decree and Order.

not parties to

suit.

116. A person directed by a decree or older to pay money,

or do

any Obedience

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　without demand other act, is bound to obey the decree or order on being duly served with

made. it, and without any demand for payment or performance.

　　　　　　117. Where the decree or order is one directing payment of money, Execution and the person directed to make payment refuses or neglects to do so against goods, according to the exigency of the decree or order, the person prosecuting the decree or order shall be entitled to apply to the Court for execution

against the goods of the disobedient person.

　　　　　118. Where a decree or order directs payment of money by instal- Instalments. ments, excution shall not issue until after default in payment of some instalment according to the order; and execution, or successive executions, may then issue for the whole of the money and costs then remaining unpaid, or for such portion thereof as the Court rders, either at the time of making the original decree or order or at any subsequent time.

Stay of Execution.

119. The Court may, if under the circumstances of any case it thinks Power to stay,

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　pending other fit, on the application of defendant, and on such terms as seem just, Buit. stay execution of a decree or order pending a suit in the same or any other Court in which that defendan' is plaintiff, and the person who has obtained such decre. or order is defendant.

Seizure and Sale of Goods.

against goods.

120. The Court shall, unless it sees good reason to the contrary, on Warrant of the appliation of the person prosecuting the decree or order, issue under exe:ution the seal of the Court a warrant of execution, directed to a roper officer, who shall be thereby empowered to levy the money ord rd to be paid (with the costs of execution) by distress and sale of the goods of the disobedient person, wheresoever found within the particular jurisdiction.

　　　　　121. The officer executing the warrant may by virtue thereof seize what may be any of the goods of the person against whom execution issues (except seized the wearing appare ad belding of himself or his family, and the tools and implements of his trade, to the value of 25 dollars, which shall to

How bills, notes, and other securities to

be dealt with.

Sale.

Adverse claims

to goods seized.

　　　　　　　　　　　　When sale tu be made.

Custody in meantime.

　　　　　　　　　　　　Return of warrant.

Payment before wale.

Neglect, con- aivance, or bmission of

Poers.

RULES OF SUPREME COURT

that extent be protected from seizure), and may also seize any money, bank notes, cheques, bills of exchange, promissory notes, bonds, or secur- ities for money belonging to him.

122. The Court shall hold any cheques, bills of exchange, promissory notes, bonds, or securities for money so seized, as security for the amount directed to be levied by the execution, or so much thereof as is not other- wise levied, for the benefit of the person prosecuting the decree or order, who may sue in the name of the person against whom execution issues, or in the name of any person in whose name he might have sued, for the recovery of the money secured or made payable thereby when the time of payment arrives.

　　　123. The sale of goods seized in execution shall be conducted under the order of the Court, and by a person nominated by the Court, but no step shall be taken therein without the demand of the person prosecuting the decree or order, who shall be liable for any damage that ensues from any irregularity or from any improper or illegal proceeding taken at his instance.

124. The Court shall not order any goods to be sold unless satisfied prima facie that they belong to the person against whom execution issued, and are in a place where the Court has the right to exercise juris- diction.

Where a claim is made by a third party to goods seized in execution, the same, if made by a British subject, shall be decided by the Court on summons, and in a summary way, as between the claimant and the person prosecuting the decree or order.

If the claim is made by a foreigner, the Court shall either oblige the person prosecuting the decree or order to establish his claim before selling the goods, or allow him to sell the goods and defend any claim, as appears just.

　　　125. A sale of goods seized in execution shall not be made until after the end of five days at least next following the day of seizure, unless the goods are of a perishable nature, or on the request in writing of the per- son whose goods have been seized; and until sale the goods shall be deposited by the officer in some fit place, or they may remain in the cus- tody of a fit person approved by the Court and put in possession by the

officer.

126. Every warrant of execution shall be returned by the officer, who shall certify thereon how it has been executed.

127. In or on every warrant of execution the Court shall cause to be inserted or indorsed the sum of money and costs adjudged, with the sums allowed as increased costs for the execution of the warrant; and if the per- son against whose goods execution is issued before actual sale of the goods, pays, or causes to be paid into Court, or to the officer holding the warrant, the sum of money and costs adjudged, or such part thereof as the person entitled thereto agrees to accept in full satisfaction thereof, together with all fees, the execution shall be superseded, and the goods seized shall be discharged and set at liberty.

128. In case any officer of the Court, employed to levy any execution, by neglect, connivance, or omission loses the opportunity of levying the same, then on complaint of the person aggrieved and on the fact alleged being proved on oath to the satisfaction of the Court, the Court may order the officer to pay such damages as the person complaining appears to have sustained thereby, not exceeding in any case the sum of money for which the execution issued; and the officer shall be liable thereto; and on demand made thereof, and on his refusal to the

pay

thereof shall same, payment be enforced as any decree or order of the Court directing the payment of

money.

IN CHINA AND JAPAN.

Summons to Judgment Debtor.

129. Where a decree or order directing payment of money remains In what cases. wholly or in part unsatisfied (whether a warrant of execution has issued or not), the person prosecuting the decree or order may apply to the Court for a summons, requiring the person by whom payment is directed to be made to appear and be examined respecting his ability to make the payment directed, and the Court shall, unless it sees good reason to the contrary, issue such a summons.

130. On the appearance of the person against whom the summons is Examination. issued, he may be examined on oath by or on behalf of the person pro- secuting the decree or order, and by the Court, respecting his ability to pay the money directed to be paid, and for the discovery of property applicable to such payment, and as to the disposal which he may have made of any property.

　　　　　He shall be bound to produce, on oath or otherwise, all books, papers, and documents in his possession or power, relating to property applicable to such payment.

He may

　　　　　　　　　　　be examined as to the circumstances under which he contracted the debt or incurred the liability in respect of which the payment of money is by the decree or order directed to be made, and as to the means or expectation he then had of paying the debt or discharging the liability.

He shall be bound to sign his examination when reduced into writing. Whether the person summoned appears or not, the person prosecuting the decree or order, and all other witnesses whom the Court thinks requisite, may be examined on oath or otherwise respecting the matters aforesaid.

The Court may, if it thinks fit, adjourn the hearing of the summons from time to time, and require from the person summoned such security for his appearance at the adjourned hearing as seems fit, and in default of his finding security, may, by warrant, commit him to prison there to remain until the adjourned hearing unless sooner discharged.

131. In any of the following cases,-

(i.) If it appears to the Court by the examination of the person summoned or other evidence, that he then has or since the making of the decree or order has had sufficient means to pay the money directed to be paid by him, and he refuses or neglects to pay the same according to the decree or order; or

(ii.) That, with intent to defraud his creditors, or any of them, he has made or suffered any gift, delivery, or transfer of any property, or changed, removed, or concealed any property; or

(iii.) That the debt or liability in question was contracted or incurred by him, by or by reason of fraud or false pretence, or breach of trust, committed by him ; or

(iv.) That forbearance thereof was obtained by him by fraud or

false pretence; or

(v.) That the debt or liability was wilfully contracted or incurred by him without his having had at the same time a reasonable expectation of being able to pay or discharge it; or (vi.) Was contracted or incurred by him by reason of any prosecution or proceeding wherein he was found guilty of any crime or offence, or by reason of any proceeding for libel, slander, assault, battery, adultery, seduction, breach of promise of marriage, malicious arrest, malicious or frivolous and vexatious prosecution, malicious trespass, malicious injury, or the malic ous filing or prosecution of a petition for adjudication of insolvency or bankruptcy,- then and in any such case the Court may, if it thinks fit, order that the person summoned be committed to prison for any time not exceeding forty days, and may issue a warrant for his commitment accordingly.

Commitment.

　　　　　　　　Place of inpris- johmert.

Expenses of

　　　　　　　　　　maintenance in prison.

Effect of Imprisonment.

Discharge from prison on payment.

Besoinding or variation of order for payment.

Warrant of

　　　　　　　　　　　execution of Commitment, where to be executed.

In what caso",

Warrant

RULES OF SUPREME COURT

　　182. In places where there is no British prison or no other place for the detention of a debtor in custody except the prison of the Chinese or Japanese authorities, the Court shall not commit the debtor, if it appears that the last-mentioned prison is unfit, regard being had to the require- ments of health and decency, for the confinement of a British subject under civil process.

133. The expenses of the debtor's maintenance in prison must_be def ayed in the first instance by the person prosecuting the decree or order, and

may be recovered by him in such manner as the Court directs. Such expenses shall be estimated by the Court, and shall be paid at such times and in such manner as the Court directs.

　　In default of payment the debtor may be discharged if the Court thinks fit.

　　134. Imprisonment under such a warrant does not operate as a satisfaction or extinguishment of the debt or liability to which the decree or order relates, or protect the person imprisoned from being anew sum- moned an imprisoned for any new fraud or other default rendering him

　　　　　　1 lible to be imprisoned, or deprive the person prosecuting the decree or order of any right to have execution against his goods, as if there had not been such imprisonment.

135. Any person so imprisoned, who pays the money by the decree or order directed to be paid, or the instalments thereof payable, and costs remaining due at the time of his commitment, and all subsequent costs and expenses, shall be discharged out of custody.

　　136. On the hearing of any such summons as aforesaid, the Court, if it thinks fit, whether it makes any order for the commitment of the person summoned or not, may rescind or alter any decree or order previously made against him for the payment of morey by instalment or otherwise, and make any further or other order, either for the payment of the whole thereof forthwith, or by any instalments, or in any other manner as the Court thinks reasonable and just.

Execution out of Jurisdiction.

137. Ordinarily a warrant of execution or commitment shall not be executed out of the particular jurisdiction, except under an order made for that purpose, on the request of the Court issuing the warrant, by the Court within whose jurisdiction it is to be executed, which Court may take such steps as if it had originally issued the warrant, but shall ultimately send any money produced by the execution, or the person apprehended (as the case may be), to the Court from which the warrant issued, to be there dealt with according to law.

But where the urgency or other peculiar circumstances of the case appear to the Court issuing the warrant so to require, the Court (for reasons to be recorded in the minutes of proceedings) may order it to be executed out of the particular jurisdiction, and it may be so executed accordingly.

Arrest.

138. Where the decree or order is one directing some act to be done other than payment of inoney, and the person directed to do the act refuses or neglects to do it according to the exigency of the decree or order, the person prosecuting the decree or order shall be entitled to apply to the Court for a warrant of arrest against the disobedient person.

139. The Court shall, unless it sees good reason to the contrary, on the application of the person prosecuting the decree or order, issue, under the seal of the Court, a warrant of arrest directed to a proper officer, who shall be thereby empowered to take the body of the disobedient person and detain him in custody until further order.

IN CHINA AND JAPAN.

Sequestration.

140. In case the person against whom the warrant of arrest issues is In what cases. not and cannot be found,-or is taken and detained in custody under the warrant without obeying th· decrce or order,--then the person prosecuting the decree or order shall be entitled to an order of sequestration against his property.

Commitment for Disobedience.

141. Where any person over whom the Court has jurisdiction is In what cases. guilty of wilful disobedience to a decree or order, the person prosecuting the decree or order shall be entitled to apply to the Court for au order on the disobedient person to show cause why he should not be punished for the disobedience. The Court, unless it sees good reason to the contrary, shall on such application make an order accordingly.

The Court shall not grant the order except on evidence on oath establishing such a case as, if uncontradicted and unexplained, would justify the immediate commitment of the disobedient person.

　　　　　A certified copy of the affidavit or deposition on which the order is granted shall be served on the party to whom the order is directed, together with the order, and he may file couut r affidavits.

　　　　　142. On the return day of the order, if the person to whom it is Warrant. directed does not attend, and does not establish a sufficient excuse for not attending, and if the Court is satisfied that the order has been duly served, -or if he attends and does not show cause to the satisfaction of the Court why he should not be punished for the disobedience,-the Court Inay issue a warrant for his commitment to prison.

The Court may enlarge the time for return to the order, or may, on the return of it, and under circumstances which would strictly justify the immediate commitment of the person guilty of the disobedience, direct that the warrant for his commitment shall issue only after a certain time and in the event of continued disobedience at that time to the decree or order in respect of which be has been guilty of disobedience.

143. A person committed for disobedience to a decree or order is Duration of liable to be detained in custody until he has obeyed the decree or order in detention. all things that are to be immediately performed, and given such security as the Court thinks fit to obey the other parts of the decree or order (if any) at the future times thereby appointed, or in case of his no longer having the power to obey the decree or order, then until he has been im- prisoned for such time or until he has paid such fine as the Court directs. VI. INTERLOCUTORY PROCEEDINGS.

144. Interlocutory applications may be made at any stage of a suit Form of or proceeding.

They shall be made either by motion or on application for a summons.

Motions.

interlocutory application.

　　　　　　145. Motions must be reduced to writing in the terms of the order Motion-paper, sought from the Court; and a motion shall not be entertained until the party moving has filed in the Court a written motion paper distinctly stating the terms of the order sought.

The motion may in its terms ask for an order directing more than one thing to be done, and may also be in an alternative form. asking that one or another order be made, so only that the whole order sought be therein substantially expressed.

　　　　　　If the motion-paper contains any matter by way of argument or other matter except the proper particulars of the motion itself, the Court shall direct the motion-paper to be amended, and shall make no other order

RULES OF SUPREME COURT

Evidence.

　　　　　　　　　　Motion in Court;

or by writing.

Notice of motion.

Application ex parte.

Order on motion.

Tarying or discharge of order.

thereon, until it is amended accordingly by the striking out of such argu- ment or other matter.

There shall be filed with the motion-paper all affidavits on which the person moving intends to rely.

No other evidence can be used in support of the motion except by leave of the Court.

No paper accompanying the motion-paper other than an affidavit

shall be received.

146. The person filing the motion paper may then either move the Court while sitting, and on such days and at such times, if any, as are by the regulations of the Court appointed for hearing motions,-or in cases of urgency at any time while the Court is sitting, and not engaged in hearing any other matter, or send a written request to the Court for an order according to the motion-paper, with such argument stated in writing in support of his motion as he thinks fit.

147. All motions shall be made ex parte in the first instance, the Court gives leave to give a notice of motion for a certain day.

unless

148. On a motion ex parte the party moving shall apply for either an immediate absolute order of the Court in the terms of the motion-paper on his own shewing and evidence, or an order to the other party to appear on a certain day and show cause why an order should not be made in the terms of the motion-p

-paper.

Any party moving in Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence by the affidavits filed in support of the motion; and no party to the suit or proceeding, although present, other than the party moving, shall be entitled to be then heard.

149. On a motion coming on, the Court may allow the motion-paper to be amended.

It may allow additional evidence to be produced by affidavit or deposition.

It may direct the motion to stand over.

It may refuse the motion.

It may make an order in terms of the motion.

Where an immediate order absolute is asked, and the right thereto clearly appears, it may grant such order.

It may grant an order to show cause why the order sought should not be made.

It may allow a motion on notice to be made.

If the motion as originally framed, or as amended, is substantially divis ble into two or more parts, it may divide the same, and deal in diff rent ways with the separate parts thereof, as the case may require.

　　If it appears to the Court on the evidence adduced in support of the motion, or on any additional evidence which the Court permits to be adduce in support thereof, that the party moving is entitled to an order absolute, or to show cause different from the order asked, and the party moving is willing to take such different order, the Court may so order accordingly.

　　If he is not willing to take such different order, the Court shall refuse the motion.

　　150. When an order is made on a motion ex parte any party affected by it may, within seven days after service of it, apply to the Court by motion to vary or discharge it, and the Court, on notice to the party obtaining the order, either may refuse to vary or discharge it, or may vary or disch rge it with or without imposing terms as to costs or security, or other things, as seems just.

IN CHINA AND JAPAN.

Order to show cause.

151. An order to show cause shall specify a day when cause is to be Return-day. shewn, to be called the return-day to the order, which shall ordinari'y be not less than four days after service.

affidavit.

A person served with an order to show cause may, before the return Counter day, file affidavits in order to contradict the evidence used in obtaining the order, or setting forth other facts on which he relies, to induce the Court to discharge such order.

On the return-day, if the persons served do not appear, in person or Proceedings on by counsel or attorney, and it appears to the Court that the service on all return-day. proper parties has not been duly effected, the Court may enlarge the time and direct further service, or make such order as seems just.

If the persons served appear, or the Court is satisfied that service on all proper parties has been duly effected, the Court may proceed with the matter.

The Court may either discharge the order, or make the same absolute, or adjourn the consideration thereof or permit further affidavits to be filed in support of or against the order,-and may modify the terms of the order so as to meet the merits of the case,-and may make the order so modified absolute,-and may, if the order against which cause is shown is substantially divisible into two or more parts, divide the same, and deal in different ways with the separate parts as seems fit; and the Court, as part of its order, may impose terms as to costs or other things on the parties, or any of them, as seems just.

Summons.

152. An interlocutory application for summons need not be made Application for. in writing, but may be made in person either by the applicant himself, or

by his counsel or attorney.

If the Court considers that a summons ought to be granted it may contents of. issue a summons ordering the person to whom it is directed to attend at the time and place specified therein, either in person or by counsel or attorney, and briefly but distinctly setting forth the nature of the par- ticular application.

The summons shall be headed in the suit or other proceeding.

return day.

On the return-day of the summons, if the person to whom the summons Proceedings en is directed attends, or in his absence on proof of service, the Court may, on the application of the person obtaining the summons, consider and deal with the application in a summary way.

The Court shall take a note of the material evidence if taken riva voce. The Court may adjourn the hearing of any summons when necessary.

VII.-APPEAL TO SUPREME Court.

I.-In General.

153. An appeal does not lie from an order made ex parte.

　　　　　Any person aggrieved by such an order must apply to the Court by which it is made to vary or discharge it.

Ez parte orders,

leave.

154. Application for leave to appeal must be made to the Court whose Time for decision is to be appealed from, by motion, ex parte, ordinarily within application for seven days after the decision to be appealed from is given, but afterwards by special leave of the Court.

pending appeal.

155. If leave to appeal is applied for by a person directed by a decree Execution of or order to pay money, or do any other act, the Court below shall direct decree or order either that the decision 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.

If the Court directs the decision to be carried into execution, the security. person in whose favour it is given shall, before the execution of it, give security to the satisfaction of the Court for the due performance of such order as the Supreme Court may make.

Leave to appeal, when,

Appeal by plaintiffs;

by defendants.

Personal appearance.

Evidence.

Original documents.

Limitation of

RULES OF SUPREME COURT

　　If the Court directs the execution of the decision to be suspended pending the appeal, the person against whom the decision is given shall, before any order for suspension of execution, give security to the satisfac- tion of the Court for the due performance of such order as the Supreme Court may make.

　　In all cases security shall also be given by the appellant to the satisfaction of the Court, to an amount not exceeding 250 dollars, for the prosecution of the appeal, and for payment of all fees and charges in the Court below and in the Supreme Court, and of all such costs as may be awarded to any respondent by the Supreme Court.

　　If the last-mentioned security is given within fourteen days after motion made for leave to a peal, then, and not otherwise, the Court below shall give leave to appeal, and the appellant shall be at liberty to prefer and prosecute his appeal accordingly.

　　In any cas other then the case hereinbefore described, the Court below, if it considers it just or expedient (for reasons to be recorded in the minutes of proceedings) to do so, may give leave to appeal on the terms and in the manner aforesaid.

　　156. Where there are more plaintiffs than one an appeal cannot be prosecuted except by all the plaintiff's jointly.

　　Where there are more defendants than one, any one or more of them may prosecute an appeal separately; but defendants severing in appeal do so at the risk of costs if the severance is improper.

　　157. The Supreme Court may require any party to an appeal to appear personally before it on the hearing of the appeal, or on any occasion pending the appeal; otherwise personal appearance shall not be requisite.

　　158. It is not open, as of right, to any party to an appeal to adduce new evidence in support of his original case; but a party may allege any facts essential to the issue that have come to his knowledge after the decision of the Court below, and adduce evidence in support of such allegations; and for the furtherance of justice the Supreme Court may, where it thinks fit, allow or require new evidence to be adduced.

　　159. The Court below shall not, except for some special cause, take upon itself the responsibility of the charge or of the transmission to the Supreme Court of original letters or documents produced in evidence in

the suit.

　　Such original letters and documents shall be returned to the respective parties producing the same, and only copies thereof duly certified shall be transmitted in the appeal record.

　　The respective parties must, how ver, be prepared to produce the originals, if required by the Supreme Court, before or at the hearing of the appeal.

160 After the expiration of six months from the date of a decree or time for appeal. order, leave to appeil against it shall not be given by a Provincial Court. Application for have to appeal must in that case be made to the Supreme Court, which shall grant such leave if, on consideration of all the circumstances of the case, it appears just and expedient that an appeal should be allowed, but not otherwise, and may impose such terms as to security and other things as seem just.

Application of

161. The foregoing Rules apply to suits for 250 dollars er upwards, foregoing Rules. with respect to which a right of appeal is given by the Order in Council under which these Rules are framed, and shall also be applied, as far as may be, mutatis mutandis, in cases where special leave to appeal is applied for to a Provincial or to the Supreme Court.

Appeal, petition.

Motion.

　　162. An appeal from a decree or order made at the hearing of a suit shall be made by petition.

Other appeals shall be made by motion.

IN CHINA AND JAPAN.

II.-From Decrecs or Orders at Hearing.

163. The appellant must file his petition of appeal in the Court below Appeal petition; within fourte n days after leave to appeal is given.

Time for filing.

164. The petition of appeal shall contain an exposition of the appellant's Contents. case as supported by evidence already before the Court, and by the record as it stands, and may not refer to any matter of fact not appearing by such record or evidence, or which may not by argument and inference be fairly deduced therefrom.

It shall set forth the grounds of appeal, and the particulars in which the decree or order appealed from is considered by the appellant to be erroneous or defective, and shall pray that the same may be reversed or varied, and that the Court above may make the particular order to which on the record and evidence as it stands the appellant conceives himself entitled, or such other order as the Court thinks just.

It may contain any matter by way of argument in support of the appeal. 165. The petition of appeal shall be served on such persons as the service. Court directs.

166. Any person on whom the petition of appeal has been served may, Respondent's within fourteen days after service, file in the Court below an answer to the answer, petition of appeal.

•

The answer shall contain an exposition of the respondent's case as supported by the evidence already before the Court, and by the record as it stands, and may not refer to any matter of fact not appearing by such record or evidence, or not by argument and inference fairly deducible therefrom.

It shall simply conclude with a demand that the appeal be dismissed. It may contain any matter by way of argument against the appeal. 167. Copies of the answer shall be furnished by the Court to such Copies persons as it thinks fit.

furnished.

　　　　　　168. All matter of objection to any appeal, as being out of time, or Objections in on any grounds other than on the merits of the case itself, must be sub. answer. stantially raised by the party desiring to rely thereon, in and by the answer to the petition of appeal, and if not so raised, or where no answer is put in, no such objection shall be permitted to be raised at the hearing of the appeal.

　　　　　　169. The absence of an answer shall not preclude any person interested Effect of not in supporting the decree or order from supporting the same on the merits answering. at the hearing of the appeal.

appeal.

　　　　　　170. On the expiration of the time for answering, the Court below Record of shall, without receiving any further pleading in appeal, make up the record of appeal, which shall consist of (1) the petition, pleadings, orders, and proceedings, and the decree or order in the suit, (2) a copy of all written and documentary evidence admitted, or tendered, and of the notes of the viva voce evidence, (3) the petition or petitions of appeal, and (4) the answer or answers thereto.

The whole record shall be fastened together, the several pieces shall be numbered, and the whole shall be secured by the seal of the Court below. 171. After the record of appeal has been made up, and until the appeal is disposed of, the Supreme Court shall be deemed in possession of the whole suit as between the parties to the appeal.

　　　　　　Every application in the suit shall be made to the Supreme Court and not to the Court below, but any application may be made through the Court below.

Power of Supreme Court

over suit in which appeal is pending.

172. The Supreme Court may from time to time make such orders as Power of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Supreme Court seem necessary for determining the real questions in controversy between to remit the the parties, and for that purpose may, as between the parties to the Case or other, appeal, amend any defects or errors in the record of appeal,-and may in it."

wise proceed

Day for hearing.

　　　　　　Appearance by couusel or attorney,

Appeal motion.

　　　　　　　Respondent's argument,

'Record of appeal.

Notice to parties.

In what cases.

Recognizance,

RULES OF SUPREME COURT

direct the Court below to inquire into and certify its finding on any question as between such parties, or any of them, which it may be necessary or expedient to determine before final judgment in the appeal,-and generally shall, as between the parties to the appeal, have as full and ample jurisdic- tion over the whole suit as if the same had been instituted and prosecuted in the Supreme Court itself as a Court of first instance, by parties subject to its ordinary original jurisdiction--and may rehear the whole case,-or may remit it to the Court below to be reheard or to be otherwise dealt with as the Supreme Court directs.

　173. The Supreme Court shall, on receiving the record of appeal, fix a day for the hearing thereof.

　Such day shall be fixed as will allow of the Court giving notice thereof through the Court below to the parties to the appeal, and as will allow of the parties attending either in person or by counsel or attorney, if they or any of them desire to do so.

174. In case all the several parties to an appeal appoint persons at the place of sitting of the Supreme Court to represent them as their respective counsel or attorneys in the matter of the appeal, and cause the same to be notified to the Supreme Court, the Court shall allow the appeal to be set down in the general hearing list at once, and shall proceed to dispose of the appeal in its turn without further notice to the parties or any of them; and the respective representatives of the parties shall be bound to watch for and take notice of the day for the hearing of the appeal.

III.-Not from Decrees or Orders at Hearing.

　175. The appellant shall file his appeal motion paper in the Court below within seven days after leave to appeal is given.

He may at the same time file in the Court below any argument he desires to submit to the Supreme Court in support of the appeal.

The motion paper and the argument (if any) shall be served on such persons as the Court directs.

176. Any person so served may, within seven days after service, file in the Court below any argument he desires to submit to the Supreme Court against the appeal.

Copies of such last mentioned argument (if any) shall be furnished by the Court below to such persons as it thinks fit.

177. On the expiration of the time for filing such last-mentioned argument, the Court below shall make up the record of appeal, which shall consist of (1) the petition and such portion of the pleadings, orders, proceedings, and evidence as relate to the particular decision appealed from, with (2) the appeal motion-paper and any argument or arguments filed.

The record shall be made up as on appeal from a decree.

178. The Court shall not cause notice to be given to the parties of the day when the appeal motion will be disposed of, unless under special circumstances it thinks fit to do so.

But where any party to the appeal motion notifies to the Supreme Court bis desire to attend in person, or by counsel or attorney, when the motion is being disposed of, he shall be at liberty to do so, and the Court shall hear him, or his counsel or attorney, before disposing of the motion. VIII. SUMMARY ORDERS BEFORE SUIT.

179. Where the extreme urgency or other peculiar circumstances of the case appear to the Court so to require, the Court may on evidence on oath, without a petition having been previously presented, make ex parte an order of injunction, or an order to sequester money or goods,-or to stop a passport,-or the clearances of, a ship,-or to hold to bail.

　　180. Before making such an order the Court shall require the person applying for it to enter into a recognizance (with or without a surety or

IN CHINA AND JAPAN.

sureties as the Court thinks fit), signed by the party applying (and his surety or sureties if any), as a security for his being answerable in damages to the persons against whom the order is sought, or to give such other security for that purpose by deposit or otherwise as the Court thinks fit.

order.

181. Any such order shall not remain in force more than 24 hours, Duration of and shall at the end of that time wholly cease to be in force unless within that time a suit is regularly instituted by the person obtaining the order.

Any such order shall be dealt with in the suit as seems just. 182 An order to hold to bail shall state the amount (including costs) for which bail is required.

It shall be executed forthwith.

　　　　　　The person arrested under it shall be entitled to be discharged from custody under it on bringing into Court the amount stated in the order, to abide the event of any suit instituted, or on entering into a recogni- zance, (with or without a surety or sureties as the Court thinks fit), signed by him (and his surety or sureties if any), as a security that he will abide by and satisfy any decree or order of the Court in any suit instituted, or on giving such other security for that purpose by deposit or otherwise as the Court thinks fit.

The person arrested shall be liable to be detained in custody under the order for not more than seven days, if not sooner discharged; but the Court may, from time to time, on evidence on oath, renew the order, so, however, that no person be kept in custody under any such order, and renewed order or orders, for a longer time in the whole than thirty days. IX. PROBATE AND ADMINISTRATION. Deposit of Will in Lifetime.

Arrest and other proceed- ings under order. to hold to bail.

　　　　　　183. Any British subject may in his lifetime deposit for safe custody Testator may. in the Supreme or other Court his own Will, sealed

deposit will. under his up seal and the seal of the Court.

Froceedings on Death.

Own

　　　　　　184. The Supreme Court and every other Court shall endeavour to Notice of death, obtain, as early as may be, information of the death of every British subject dying within the particular jurisdiction, and all such information respecting the affairs of the deceased as may serve to guide the Court with respect to the securing and administration of his property.

　　　　　　On receiving information of the death of a British subject the Court shall put up a notice thereof at the place where its sittings are ordinarily held, and shall keep the same there until probate or administration is granted, or where it appears to the Court that probate or administration will not be applied for, or cannot be granted, for such time as the Court thinks fit.

185. Where it is shown to the satisfaction of the Supreme or other Compulsory

production of Court, that any paper purporting to be testamentary is in the possession testamentary or under the control of any person, the Court may, in a summary way, papers. whether a suit or proceeding as to probate or administration is pending or not, order him to produce and bring into Court such paper.

　　　　　　Where it appears to the Supreme or other Court that there are reason- able grounds for believing that any person has knowledge of any paper purporting to be testamentary, (although it is not shown to the satisfac- tion of the Court that the paper is in his possession or under his control), the Court may, in a summary way,-whether a suit or proceeding for probate or administration is pending or not,-order him to attend for the purpose of being examined respecting the same in open Court, or on in- terrogatories, and after examination to produce the paper and bring it

into Court.

Any person failing to attend or to be examined, or to produce and bring in the paper accordingly, shall be liable to the same consequences

　　　　　　　　Notice to executors to come in and prove.

Time after death

administration

RULES OF SUPREME COURT

as he would be liable to if he were a party to a suit in the Court, and had made like default.

186. The Court may of its own motion, or on the application of any person claiming an interest under a will, give notice to the executor or executors (if any) therein named, to come in and prove the will or to renounce probate and the executors or executor so named, or some or one of them, must within fourteen days after notice come in and prove or renounce accordingly.

I.-Probate or Administration in General.

187. Probate or letters of administration with Will annexed shall not when probate or issue until after the lapse of seven days from the death of the deceased, may be granted. except under the direction of the Judge of the Supreme Court, or in case

of great urgency.

　　　　　　　Application after three years.

　　　　　　　　Grants by Bupreme

on request of

Provincial Court.

In disputed or doubtful cases,

directions of Supreme to Pro incial Court.

Evidence to found jurisdic- tion of Provin.

cial Court'.

Identity.

Value of property.

Satisfactory

answer to

　　　　　　　Court's inquiries before grant.

Cases in which Judge of Supreme Court alone may make grant.

Letters of administration (not with Will annexed) shall not issue until after the lapse of fourteen days from the death of the deceased, except under the direction of the Supreme Court, or in case of great urgency.

188. Where probate or administration is, for the first time, applied for after the lapse of three years from the death of the deceased, a grant shall not be made except under the direction of the Judge of the Supreme Court.

189 In any case a grant of probate or administration may be made by the Supreme Court, wheresoever in China or Japan the deceased had at the time of his death his place of abode; but where the deceased had at the time of his death bis fixed place of abode in the district of a Provincial Court, the application for the grant shall not be entertained by the Supreme Court, except on the request of the Provincial Court.

190. Where any dispute or question arises in relation to the grant or the application for it, or it appears to the Provincial Court doubtful whether or not the grant should be made, the Provincial Court shall communicate with the Judge of the Supreme Court, who shall either direct the Provincial Court to proceed in the matter according to such instruc- tions as the Judge thinks fit, or may direct that no further proceeding be taken in the matter by the Provincial Court, but any party concerned may apply for a grant to the Supreme Court itself.

191. The Provincial Court, before proceeding in the matter of any application, shall take care to ascertain that the deceased had at the time of his death his fixed place of abode in the district. of the Court, and shall not for this purpose consider itself bound to rest satisfied with such evidence as is offered by the person applying for the grant."

192. The Court shall, where it deems it necessary, require proof, in addition to the oath of the executor or administrator, of the identity of the deceased or of the party applying for the grant.

193. The Court shall take care to ascertain the value of the property of the deceased as correctly as circumstances admit.

194. In no case shall the Court allow probate or letters of adminis- tration to issue until all inquiries which it sees fit to institute have been answ red to its satisfaction.

The Court shall, however, afford as great facility for the obtaining. of probate or administration as is consistent with due regard to the prevention of error and fraud.

195. In the following cases of probate or administration, a grant shall not issue except from the Supreme Court under immediate direction of the Judge, namely:-

Probate, or administration with will annexed, where the will was executed before the 1st day of January, 1838, and there is no testamentary paper of later date than the 31st day of December, 1837.

IN CHINA AND JAPAN.

Probate, or administration with will annexed, the will being simply an execution of a special power, or being the will of a married woman made by virtue of power:

Administration for the use or benefit of a minor or infant, or a

lunatic or person of unsound mind:

Administration (with or without will annexed) of the property of a bastard dying a bachelor or spinster, or dying a widower or widow without issue, or of a person dying without known relative: Limited adininistration:

Administration to be granted to a person not resident within China

or Japan.

alteration of

　　　　　　　196. Revocation or alteration of a grant of probate or administration Revocation or shall not be made except by the Supreme Court, under the immediate grant. direction of the Judge.

Notice to

197. A notice to prohibit a grant of probate or administration may prohibit grant. be filed in the Supreme Court, or in any Provincial Court.

　　　　　　Immediately on such a.notice being filed in a Provincial Court, a copy thereof shall be sent to the Court of the district (if any) in which it is alleged the deceased had at the time of his death his fixed place of abode, and to any other Court to which it appears to the Judge of the Supreme Court expedient to send a copy.

　　　　　　Immediately on such a notice being filed in a Provincial Court, the Court shall send a copy thereof to the Supreme Court, and also to the Court of any other district in which it is known or alleged the deceased had at the time of his death a place of abode.

　　　　　　Such a notice shall remain in force for three months only from the day of filing; but it may be renewed from time to time.

　　　　　　Any such notice shall not affect any grant made on the day on which the notice is filed, or on which a copy of the notice is received, as the case may be.

　　　　　　The person filing such a notice shall be warned by a warning in writing under the seal of the Court being delivered at the place mentioned in the notice as the address of the person filing the notice.

After such a notice has been filed in a Provincial Court, or after a copy of such a notice has been received by a Provincial Court (as the case may be), the Provincial Court shall not make a grant of probate or adminis- tration, but any grant shall be made only by the Supreme Court, under the immediate direction of the Judge.

nature of

　　　　　　198. Notices in the nature of citations shall be given by publication in Notices in such newspapers, or in such other manner as the Court, in each case, citations. directs.

199. Suits respecting probate or administration shall be instituted Procedure in

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　suits for probate and conducted as nearly as may be in the same manner as suits for claims or administra of 100 dollars and upwards.

tion.

200. All original wills, of which probate or administration with will Custody of annexed is granted, shall be filed and kept in the public office of the original wills, Supreme or other Court from which the grant issues, in such manner as to secure at once the due preservation and the convenient inspection of the same; and no original will shall be delivered out for any purpose without the express and special direction in writing of the Judge of the Supreme Court.

and certificates,

An official copy of the whole or of any part of a will, or an official Official copies certificate of a grant of administration, may be obtained from the Supreme or other Court where the will has been proved or the administration granted, on payment of the proper fees.

Half-yearly.

201. On the first day of February, and the first day of August in returns from every year, every Provincial Court shall send to the Supreme Court,-

Provincial to Supreme Court'

Interpretation of " the proper Officer."

Examination of will as to mode of execution.

Examination of

attestation elsuse.

Proof of execu- tion according to Acts of Parliament.

RULES OF SUPREME COURT

A list of the grants of probate and administration made by it up to the last preceding first day of January and first day of July respectively, and not included in any previous list.

And also, a copy, certified by the Provincial Court to be a correct copy, of every will to which any such probate or administration relates.

II.-Probate and Administration with Will annexed.

202. In the following rules respecting probate and administration the expression, "the proper officer" means, as to the Provinces, the Consul- General, Consul, or Vice-Consul holding and forming a Court; as to the Supreme Court, such one of the officers attached thereto as for the time being acts in matters of probate and administration by the authority and under the direction of the Judge.

203. On receiving an application for probate or for administration with will annexed, the proper officer must inspect the will, and see whether it appears to be signed by the testator, or by some other person in his presence and by his direction, and subscribed by two witnesses, according to the provisions of the Acts of Parliament, 7 Will. 4, & 1 Vict. c. 26 sec. 9, and 15 & 16 Vict c. 24 sect. 1, and in no case may he proceed further if the will does not appear to be so signed and subscribed.

204. If the will appears to be signed by or for the testator, and subscribed by two witnesses, the officer must then refer to the attestation clause (if any), and consider whether the wording thereof shows the will to have been in fact executed in accordance with the provisions of the said Acts.

　205. If there is no attestation clause to the will,-or if the attestation clause thereto is insufficient, the officer must require an affidavit from at least one of the subscribing witnesses, if either of them is living, to prove that the will was in fact executed in accordance with the provisions of the said Acts.

　The affidavit must be engrossed and form part of the probate, so that the probate may be a complete document on the face of it.

If on perusal of the affidavit it appears that the will was not in fact executed in accordance with provisions of the said Acts, the officer must refuse probate.

　If on perusal of the affidavit it appears doubtful whether or not the will was in fact executed in accordance with the provisious of the said Acts, the officer must lay a statement of the matter before the Judge of the Supreme Court for his directions.

If both the subscribing witnesses are dead,-or if from other circums- tances no affidavit can be obtained from either of them,-resort must be had to other persons (if any) who were present at the execution of the will; but if no affidavit of any such other person can be obtained, evidence on oath must be procured of that fact, and of the handwriting of the deceased and of the subscribing witnesses, and also of any circumstances that may raise a presumption in favour of the due execution of the will. 206. The officer shall not allow probate of will, or administration blind, obviously with the will annexed, of any blind person, or of any obviously illiterate ignorant. or ignorant person, to issue, unless he has previously satisfied himself, by what appears on the face of the will or by evidence on oath, that the will was read over to the deceased before its execution, or that the deceased had at the time knowledge of its contents.

Will of testator

illiterate, or

Interlineations,

herations,

rasures, or

Obliterations.

　Where information is not forthcoming, the officer must commu- nicate with the Judge of the Supreme Court.

　207. Having satisfied himself that the will was duly executed, the officer must carefully inspect the same to see whether there are any interlineations or alterations or erasures or obliterations appearing in it, and requiring to be accounted for.

IN CHINA AND JAPAN.

Interlineations and alterations are invalid unless they existed in the will at the time of its execution, or,-if made afterwards, unless they have been executed and attested in the mode required by the said Acts of Parliament, or unless they have been made valid by the re-execution of the will-or by the subsequent execution of some codicil thereto.

Where interlineations or alterations appear in the will (unless duly executed or recited in or otherwise identified by the attestation clause) an affidavit or affidavits in proof of their having existed in the will before its execution must be filed,

In like manner erasures and obliterations are not to prevail unless proved to have existed in the will at the time of its execution or unless the alterations thereby effected in the will are duly executed and attested, -or unless they have been made valid by the re-execution of the will, or by the subsequent execution of some codicil thereto.

If no satisfactory evidence is adduced as to the time when the erasures or obliteratious were made, and the words erased or obliterated are not entirely effaced, and can, on inspection of the paper, be ascertained, they must form part of the probate.

　　　　　　In every case of words having been erased which might have been of importance an affidavit must be required.

If reasonable doubt exists in regard to any interlineation, alteration, erasure, or obliteration, the officer shall, before proceeding further in the matter, communicate with the Judge of the Supreme Court for his direc- tions.

Deed, paper, or document

208. Where a will contains a reference to deed,

　　　　　　　　　　　　　　　　　　　　　　　　　　　　any paper, memo- randum, or other document, of such a nature as to raise a question whether referred to in it ought or ought not to form a constituent part of the will, the produc- a will, tion of the deed, paper, memorandum, or other document must be re- quired, with a view to ascertain whether or not it is entitled to probate; and if not produced the non-production of it must be accounted for by

evidence on oath.

　　　　　　Any deed, paper, memorandum, or other document cannot form part of a will or codicil, unless it was in existence at the time when the will or codicil was executed.

attached.

If there are any vestiges of sealing wax or wafers or other marks on or annexed or the testamentary paper, leading to the inference that some paper, memo- randum, or other document has been annexed or attached thereto, they must be satisfactorily accounted for by evidence on oath, or the produc- tion of such paper, memorandum, or other document must be required; and if not produced, the non-production of it must be accounted for by evidence on oath.

If doubt exists as to whether or not any such deed, paper, memo- randum, or other document is entitled to probate as a constituent part of the will, the officer shall, before proceeding further in the matter, com- municate with the Judge of the Supreme Court for his directions.

209. The foregoing rules respecting wills apply equally to codicils. Codicils. 210. Every will or copy of a will, or other testamentary paper to Marking of will which an executor or an administrator with will annexed is sworn, shall be or copy sworn marked by such executor or administrator and by the person before whom he is sworn.

to.

211. The officer shall take care that the copies of wills to be annexed Writing of to probates or letters of administration are fairly and properly written, and copies. to reject those which are not so.

III.--Administration.

not with will

212. The duties of the proper officer in granting administration (not Administration with will annexed) are in many respects the same as iu cases of probate. sanered.

or not appearing.

RULES OF SUPREME COURT

　He shall ascertain the time and place of the deceased's death, and the value of the property to be covered by the administration.

Executor dying

213. Where an executor appointed in a will survives the testator, but without proving, either dies without having taken probate, or being summoned or called on by the Court to take probate does not appear, his right in respect of the executorship wholly ceases, and the representation to the testator and the administration of his effects without further renunciation go, devolve, and may be committed in like manner as if he had not been appointed executor.

Notice to next

of kin.

Administration

bond.

Assignment of and suit on bond.

In what cases these lules apply.

Time of award.

　　　　　　　Enlargement of time.

When umpire

　　　　　　　　　　may enter on reference.

　　　　　　　　Revocation of authority.

Apecial caso.

214. Where administration is applied for by one or some of the next of kin only, there being another or other next of kin equally entitled thereto, the proper officer shall require proof by affidavit that notice of the application has been given to the other next of kin.

　215. Every person to whom administration is granted shall give bond with two or more responsible British subjects as sureties, to the Judge of the Supreme Court, to enure in favour of the Judge for the time being, conditioned for duly collecting, getting in, and administering the personal estate of the deceased.

　Where, however, the property is under the value of 250 dollars one such surety only need be taken.

The bond shall be in a penalty of double the amount under which the personal estate of the deceased is sworn, unless the proper officer in any case thinks it expedient to reduce the amount, for reasons to be forthwith certified by him to the Judge of the Supreme Court.

　The proper officer may also in any case direct that more bonds than one shall be given, so as to limit the liability of any surety to such amount as the officer thinks reasonable.

216. The Judge of the Supreme Court may, on application, in a sum- mary way, and on being satisfied that the condition of any administration bond has been broken, assign the same to some person, who shall thereupon be entitled to sue on the bond in his own name, as if the same had been originally given to him instead of to the Judge of the Supreme Court, and shall be entitled to recover thereon, as trustee for all persons interested, the full amount recoverable in respect of any breach of the conditions of the bond. X. ARBITRATION.

217. The following rules respecting arbitration apply exclusively to cases where the agreement for ref rence to arbitration or submission to arbitration by consent is made a rule of Court.

218. Arbitrators shall make their award within one/calendar month after they have entered on the reference, or been called on to act by a notice in writing from any party, unless the document authorizing or making the re.erence contains a d fferent limit of time.

219. The Court may, if it thinks fit, on reasonable notice to all parties, from time to time enlarge the time for making the award for such time as it thinks fit, the reasons for such enlargem nt bing recorded in the minutes of proceedings.

220. An umpire may enter on the reference in lieu of the arbitrators, if the latter have allowed their time or their extended time to expire without making an award, or have filed, in the Court, a notice in writing that they cannot agree.

221. The authority of an arbitrator or umpire is not revocable except by the Court.

222. Where it appears to the arbitrators or umpire that any difficult question of law is involved in, or raised by, the facts as finally ase rtained by them or him, they or he, may, if it seems fit, state the award (as to the whole or any part thereof) in the form of a special case for the opinion of the Court having jurisdiction in the matter, or of the Supreme Court.

IN CHINA AND JAPAN.

85.

　　　　　　The Court shall consider and deliver judgment on such case, and shall be at liberty to draw inferences of fact from the facts stated, and to amend the case or remit it for amendment by reason of any irregularity, mistake, or imperfection.

　　　　　　　223. The arbitrators or umpire shall have power to award how the Costs. costs of the reference shall be borne, in the whole or in part; but any award as to costs shall not preclude the party or parties against whom costs are awarded from applying to the Court to tax the costs; and on such application the costs, including the remuneration (if any) of the arbitrators and umpire, or any of them, shall be taxed at a reasonabl rate by the Court, and the Court shall make such order regarding the costs of taxation us justice requires.

　　　　　　　224. Every award must be in writing, signed by the arbitrators or Form and umpire making the same.

　　　　　　　It must contain a conclusive finding, and may not find on the con- tingency of any matter of fact being afterwards substantiated or deposed to.

It must comprehend a finding on each of the several matters referred. Arbitrators or an umpire may, however, from time to time make several awards on several parts of a matter or on several matters referred, so as the latest of the awards is made within the time limited.

contents of award.

　　　　　　　225. The arbitrators or umpire making an award shall within the time Deposit of limited deposit the award in the Court, enclosed in a sealed envelope, and award. indorsed with the names of the parties to the reference, and the amount claimed by the arbitrators and umpire for remuneration.

　　　　　　　　Notice of the award having been deposited shall be given by the Court Notice thereof. to the parties, who shall be at liberty to read the award, and to have copies of it on payment of the proper fees.

　　　　　　　　226. Any person interested may within seven days after notice of the Application award apply to the Court by motion to prevent the award, or any specified against award part of it, being carried into effect.

　　　　　　　227. If no such motion is made the Court shall proceed, on reasonable Order of Court. .. notice to all parties, to make such order for carrying into effect the award

or any part thereof, and as to costs and other things as seem just.

matters referred

　　　　　　　228. The Court shall have power at any time, and from time to time, Remitting of to remit the matters referred, or any of them, to the reconsideration and redetermination of the arbitrators or umpire, on such terms as to costs and other things as seem just.

　　　　　　　229. The Court shall not refrain from carrying an award into effect Irregularity. merely on the ground of irregularity in the submission, or during the reference, where such i regularity has not been substantially prejudicial to the party applying against the award.

XI.--AFFIDAVITS AND OTHER EVIDENCE. Affidavits.

　　　　　　　230. Every affidavit used in the Court must be either in English or Language. in the usual and familiar language of the witness swearing it.

An affidavit in any language other than English must be accompanied by a sworn translation into English, procured by and at the expense of the person using the affidavit.

　　　　　　　231. Every affidavit, sworn before any British judicial or Consular Form. officer in China or Japan, in the matter of any suit or other proceeding in Her Maj sty's Courts in China and Japan, must be headed in the Court, and in the suit or proceeding in which the affidavit is to be used.

　　　　　　　It must state the full name, trade or profession, address and nationality, of the witness.

　　　　　　　It may be in the first or in the third person, and may be divided into convenient paragraphs, numbered consecutively.

Content",

Erasures.

　　　　　　alterations, bad writing.

RULES OF SUPREME COURT

232. Every affidavit used in the Court must contain only a statement of facts and circumstances, to which the witness swears, either on his Own personal knowledge, or from information which he believes to be true.

It must not contain any extraneous matter, by way of objection, prayer, or legal argument or conclusion; and every statement must be as brief and positive as may be consistent with proper fulness and with truth.

The matter of fact sworn to, whether in affirmation or denial, if within the knowledge of the witness, must be sworn to positively and certainly. Where a witness swears to his belief in any matter of fact, such belief arising from any source other than his own personal knowledge, he must set forth explicity the facts and circumstances forming the ground of his belief.

Where the belief in the truth of the matter of fact sworn to arises from information received from another person, the name of such person must be stated, and such particulars must be given as to the informant, and as to the time, place, and circumstances of the information, as may afford means to other parties to verify or contradict the same.

233. Where an affidavit is to be sworn before a British judicial or nterlineations, Consular officer in China or Japan, any erasure, interlineation, or altera- tion made before the affi lavit is sworn, shall be attested by the officer, who shall affix his signature or initials m the margin immediately opposite to the erasure, interlineation, or alteration.

　　　　　　　Before whom affidavit may be sworn.

　　　　　　　Affidavit defective in form.

Affidavit sworn

before attorney in suit.

Signature of

witness,

Jurat.

Where there are many erasures, interlineations, or alterations, so that the affidavit proposed to be sworn is illegible, or difficult to read, or is in the judgment of the officer before whom it is proposed to be sworn so written as to give any facility for being added to or in any way fraudulently altered, he may refuse to take the affidavit in its existing form and may require it to be re-written in a clear and legible and unobjectionable manner.

234. An affidavit sworn betore any British judicial or Consular officer, authorized to take affidavits,-before any Judge, Officer, or other person in the United Kingdom, or in any British colony or possession, authorized to take affidavits,-before any Mayor or other Magistrate in any foreign country authorized to administer an oath,---or in the case of a foreigner in China or Japan before his own proper Consular or other authority, may be used in the Court.

235. An affidavit may be used, notwithstanding it is defective in form according to these Rules, if the Court is satisfied that it has been sworn before a person duly authorized, and that its form is in accordance with the law and custom of the place where it is sworn.

236. Any affidavit shall not be admitted which is proved to have been sworn before a person on whose behalf the same is offered, or before his attorney, or before a partner or clerk of his attorney.

237. Every affidavit sworn before a British judicial or Consular officer in China or Japan must be signed by the witness; or in case the witness cannot write his name, his mark must be subscribed, such signature or mark to be made in the presence of the officer.

238. The jurat should be written without interlineation or erasure, immediately at the foot of the affidavit, and towards the left side of the paper, and must be signed by the judicial or Consular officer before whom the affidavit is sworn, and be sealed with the seal of the Court of which he is an officer, or with his Consular or‹ther official seal (as the case may be). It must state the date of the swearing of the affidavit, and the place where it was sworn.

I must state that the affidavit was sworn before the judicial or Consular officer.

Where the witness is blind or illiterate it must state that fact, and that the witness appeared perfectly to understand it.

IN CHINA AND JAPAN.

　　　　　　　　Where the witness cannot write his name, and therefore subscribes his mark, the jurat must state those facts, and that the mark was made in the presence of the officer.

Where two or more persons join in making an affidavit, their several names must be written in the jurat, and it must appear by the jurat that each of them has been sworn to the truth of the several matters stated by him in the affidavit.

239. The judicial or Consular officer must not allow an affidavit, when Alteration and once sworn, to be altered in any manner whatever without being re-sworn. re-swearing,

If the jurat has been added and signed, a new jurat must be added

if the affidavit is re-sworn; and in the jurat mention must be made of the alteration.

Any officer before whom an affidavit is proposed to be re-sworn after alteration, may refuse to allow the same to re-sworn and may, in lieu thereof, require the witness to make a fresh affidavit.

　　　　　　　240. Á defective or erroneous affidavit may be amended and re-sworn, Amendment. by special leave of the Court in which it is to be used, on such terms as to time, costs, and other things as seem just.

241. Where an affidavit used in the Court is not in accordance with Costs. these rules, the Court may make such order respecting the costs of, or connected with, the affidavit as seems just.

242. Before an affidavit is used in the Court, the original affidavit Filing of must be filed in the Court; and the original, or an office

original Office thereof (that copy

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　copy. is, a copy sealed with the seal of the Court as evidence of its being a correct copy, and either made under the direction of the Court or produced to the Court for examination and sealing), shall alone be recognized for any purpose in the Court.

Other Evidence.

evidence on

　　　　　　　243. On the hearing of any interlocutory or other application in a Fiva voce suit or matter, the Court may, if it thinks it just and expedient, for rea- interlocutory sons to be recorded in the minutes of proceedings, summon a British sub- or other ject to attend to produce documents before it, or to be examined, or to be cross-examined, and re-examined, vivâ voce, by or before it in like manner as at the hearing of a suit.

Such notice as the Court in each case, according to the circumstances, considers reasonable, shall be given to the person summoned, and to such persons (parties to the suit or proceding or otherwise interested) as the Court considers entitled to inspect the documents to be produced, or to examine, cross-examine, or re-examine the person summoned or to be present at his examination, cross-examination, or re-examination, as the case may be.

The evidence of a witness on any such examination, cross-examination, or re-examination shall be taken in like manner, as nearly as may be, as evidence at the hearing of a suit.

application.

evidence taken

　　　　　　　　244. Where the circumstances of the case appear to the Court so to Viva voce require, for reasons to be recorded in the minutes of proceedings, the as preparatory Court may, in like manner, take the evidence of any witness at any time in to hearing. the course of the proceedings, in any suit or application as preparatory to the hearing of the suit or application, and the evidence so taken may be used at the hearing of the suit or application, saving just exceptions.

　　　　　　　The evidence shall be taken in like manner, as nearly as may be, as evidence at the hearing of a suit, and then the note of the evidence shall be read over to the witness and tendered to him for signature; and if he refuses to sign it the Court shall add a note of his refusal, and the evidence may be used as if he had signed it.

　　　　　　　245. Evidence may be taken in like manner on the application of any Evidence before person, before suit instituted, where it is shown to the satisfaction of the suit instituted.

Proof of former

sevidence,

otice to admit,

Costa.

In whose name, and how

proceedings to be taken.

King of Power of attorney.

"Person proceed-

sing without

hority.

RULES OF SUPREME COURT

Court on oath that the person applying has good reason to apprehend that a suit will be instituted against him in the Court, and that some person, within the particular jurisdiction at the time of application, can give material evidence respecting the subject of the apprehended suit, but that he is about to leave the particular jurisdiction, or that from some other cause the person applying will lose the benefit of his evidence if it be not at once taken.

Witness dead, insane, or not appearing.

246. Where any person who might give evidence in any suit or mat- ter is dead, or insane, or unavoidably absent at the time his evidence might be taken, or for any reason considered sufficient by the Court cannot ap- pear to give evidence in the suit or matter, the Court may, if it thinks fit, receive proof of any evidence given by him in any former judicial proceed- ing; provided that the subject matter of such former judicial proceeding was substantially the same as that of the existing suit, and that the par- ties to the existing suit were parties to it or bound by it, and in it had cross-examined or had an opportunity of cross-examining the witness of whose evidence proof is so to be given.

Oath.

247. On any occasion the Court may, if it thinks it just and expedient, for reasons to be recorded in the minutes of proceedings, take without oath the evidence of any person objecting on grounds of conscience to take an oath, the fact of the evidence having been so taken without oath being also recorded in the minutes of proceedings.

Admission of Documents.

248. Where all parties to a suit are competent to make admissions, any party may call on any other party, by notice filed in the Court, and sei ved under order of the Court, to admit any document, saving just exceptions. In case of refusal or neglect to admit, the costs of proof of the docu- ment shall be paid by the party refusing or neglecting, whatever be the result of the cause, unless the Court is of opinion that the refusal or neglect to admit was reasonable.

　No costs of proof of any documents shall be allowed unless such notice has been given, except in cases where the omission to give the notice has in the opinion of the Court produced a saving of expense.

XII.-MISCELLANEOUS PROVISIONS.

Attorneys and Agents.

　249. Every person doing any act or taking any proceeding in the Court as plaintiff, or otherwise, must do so in his own name and not otherwise, and either by himself, or by bis attorney, procurator, or agent thereunto lawfully authorised in writing.

　250. Where such act is done or proceeding taken by an attorne, pro- curator, or agent, the power of attorney, or instrument constituting the procurator or agent, or an authenticated copy thereof must be filed in the Court before or at the commencement of the proceedings.

Where the authority is special, and has reference only to the parti- cular proceeding to be taken, the original document itself must be filed.

Where the authority is general, or has reference to other matters in which the attorney, procurator, or agent is empowered to act, an authen- ticated copy of such document may be filed.

The authority, whether general or special, must be distinct and clear, so as to satisfy the Court that the person professing to act thereon has such authority as he claims to exercise.

251. Any person doing any act or taking any proceeding in the Court in the name or on behalf of another person, not being lawfully authorised thereunto, and knowing himself not to be so authorized, is guilty of a contempt of Court.

IN CHINA AND JAPAN.

Proceedings by or against Partnership.

252. Proceedings by or on behalf or against a partnership solely or In what names, jointly, must be taken in the several names of the partners as individuals, and not in the name of the firm or otherwise.

Plaintiff out of Jurisdiction.

　　　　　　　253. Where a plaintiff, whether suing alone or suing jointly, is out Place for of the jurisdiction of the particular Court, or is only temporarily resident service. within it, he must file in the Court, at or before the commencement of proceedings, a written statement of a fit place within the jurisdiction where notice or process may be served on him.

　　　　　　　He must also give security for costs and fees by deposit, or by bond Security for in the penal sum of 500 dollars.

　　　　　　　The Court may at any time during the suit or proceeding, either on its own motion or on the application of any defendant, order him to give further or better security for costs and fees, and may direct proceedings to be stayed in the meanwhile.

Service.

costs,

made.

　　　　　　　254. Service of a petition, notice, summons, decree, order, or other How to be document of which service is required by these Rules, or according to the course of the Court, shall be made by an officer of the Conrt, unless in any case the Court thinks fit otherwise to direct; and service shall not be valid unless it is made under an order of the Court (in writing under the seal of the Court), which may be either indorsed on or subscribed or an- nexed to the documents to be served.

　　　　　　　255. Unless in any case the Court thinks it just and expedient other- Personalsonvi wise to direct, service shall be personal,--that is, the document to be served shall, together with the order for service (indorsed, subscribed, or annexed), be delivered into the hands of the person to be served.

　　　　　　　　256. Where it appears to the Court (either with or without any at- Other servian tempt at personal service) that for any reason personal service cannot be conveniently effected, the Court may order that service be effected either-

(i.) by delivery of the document to be served, together with the order for service, to some adult inmate at the usual or last known place of abode or business within the particular jurisdiction of the person to be served; or

(ii.) by delivery thereof to some agent within the particular juris- diction of the person to be served, or to some other person within the particular jurisdiction through whom it appears to the Court there is a reasonable probability that the document and order served will come to the knowledge of the person to be served; or (iii) by advertisement in some newspaper circulating within the

particular jurisdiction; or

(iv) by notice put up at the Court, or at some other place of public

resort within the particular jurisdiction.

257. Ordinarily service shall not be made out of the particular juris- Service out of

jurisdiction. diction, except under an order for that purpose made by the Court within whose jurisdiction service is to be made, which order may be made on the request of any other Court, and shall in each case direct in which of the modes above-mentioned service is to be effected.

Where, however, the urgency or other peculiar circumstances of the case appear to any Court so to require (for reasons to be recorded in the minutes of proceedings), the Court may order that service be made out of the particular jurisdiction.

order.

258. Any order for service may be varied from time to time with Variation of respect to the mode of service directed by the order, as occasion requires.

Hours for service

Sundays and holydays.

Bail.

Discretion of Court.

Security for costs.

Pauper plaintiff; defendant.

Counsel or attorney for pauper.

　　　　　Pauper dis- paupered for giving fee;

or for insufficient poverty.

Days

Sundays and holydays, when not reckoned.

RULES OF SUPREME COURT

259. Service of a document not required to be served personally must be made before five o'clock in the evening.

If made after that hour on any day but Saturday, it shall be consi- dered as made on the following day.

If made after that hour on Saturday, it shall be considered as made on the following Monday.

260. No service in a civil suit shall be made on Sundays, Christmas Day, or Good Friday.

Absconding Defendant.

261. Where the Court is satisfied by evidence on oath that there is good reason to believe that a defendant means to abscond in order to avoid the process of the Court, after suit or other proceeding instituted, the Court may make an order to hold him to bail, and may require of him such security as seems fit for his remaining within the particular juris. diction, and abiding by and performing any decree or order to be made in the suit or proceeding, and for costs and fees.

Costs.

262. The costs of the whole suit and of each particular proceeding therein are in the discretion of the Court; but the Court shall not order the successful party in a suit to pay to the unsuccessful party the costs of the suit generally, although the Court may order him, notwith- standing his success in the whole suit, to pay the costs occasioned by any particular proceeding therein.

263. The Court

　　　　　　　may, if in any case it sees fit, require any party to any suit or proceeding, either at the commencement or at any time during the progress thereof, to give security for costs to the satisfaction of the Court by deposit or otherwise.

Paupers.

264. The Court may admit any person to sue in forma pauperis on being satisfied of his poverty, and that he has prima facie a case proper for some relief in the Court; and may admit any person to defend in forma pauperis on being satisfied of his poverty.

265. If in any case the Court thinks fit to assign a counsel or attorney to assist a person admitted to sue or defend in formâ pauperis, the counsel or attorney so assigned may not refuse his assistance, unless he satisfies the Court of some good reason for refusing.

266. If a pauper gives or agrees to give any fee, profit, recompense, or reward for the despatch of his business in Court, he shall be deemed guilty of a contempt of Court, and he shall also be forthwith dispaupered, and shall not be afterwards admitted again in that suit to sue or defend in formú pauperis.

267. A person admitted to sue or defend in forma pauperis may be dispaupered, by order of the Court, on its appearing that he was not when admitted, or no longer is of sufficient poverty, or that he is abusing his privilege by vexatious proceedings.

Computation of Time.

268. Where by these Rules, or any special order or the course of the Court, any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, and such time is not limited by hours, the computation of such limited time does not include the day of such date or of the happening of such event but commences at the beginning of the next following day, and the act or proceeding must be done or taken at the latest on the last day of such limited time according to such computation.

269. Where the limited time so appointed or allowed is less than six days, the following days shall not be reckoned in the computation of such

IN CHINA AND JAPAN.

time: namely, Sundays, Good Friday, Monday and Tuesday in Easter week, Christmas Day, and the day before and the day next after Christmas Day.

　　　　　　　270. Where the time for the doing of any act or the taking of any Time expiring proceeding expires on one of the days last-mentioned, the act or proceeding on Sunday or shall be considered as done or taken in due time if done or taken on the next day afterwards, that is, not one of the last-mentioned days.

holyday.

costs.

　　　　　　　　271. The day on which an order that a plaintiff do give security Time in case of for costs is served, and the time thenceforward until and including security for the day on which such security is given, shall not be reckoned in the computation of the time allowed to a defendant for putting in his answer.

Supplemental Statement.

cumstances

272. Facts or circumstances occurring after the institution of a suit, Facts or oir- may, by leave of the Court, be introduced by way of amendment into the occurring after petition or answer (as the case may require) at any stage of the proceedings, suit. and the Court may make such order as seems just respecting the proof of such facts or circumstances or for affording all parties concerned leave and opportunity to meet the statements so introduced.

Death of Party or other Change.

transmission

　　　　　　　　273. Where, pending a suit, any change or transmission of interest Change or or liability occurs in relation to any party to suit, or any party to the of interest or suit dies or (being a woman) marries, or the suit is in any other way liability. rendered defective or incapable of being carried on, any person interested may, on motion ex parte, obtain from the Court such order as is requisite for curing the defect, or enabling or compelling proper parties to carry on the proceedings.

　　　　　　　　But it shall be open to any person served with such an order within such time, not exceeding fourteen days, as the Court in the order directs, to apply to the Court by motion to discharge such order.

Adjournment.

　　　　　　　　274. Nothing in these Rules shall affect the power of the Court (for Power of Court. reasons to be recorded in the minutes of proceedings) to defer or adjourn the hearing or determination of any suit, matter, proceeding, or applica- tion, for such time and on such terms (if any) as justice requires.

Amendment.

　　　　　　　　275. Nothing in these Rules shall affect the power of the Court (for Power of Court. reasons to be recorded in the minutes of proceedings) to order or allow any amendment of any petition, answer, notice, or other document whatever, at any time, on such terms (if any) as justice requires.

Power of Court as to Time.

　　　　　　　　276. Nothing in these Rules shall affect the power of the Court (for Enlargement or reasons to be recorded in the minutes of proceedings) to enlarge or abridge abridgement. the time appointed or allowed for the doing of any act or the taking of any proceeding on such terms (if any) as justice requires.

ment.

　　　　　　　　277. Where the Court is by these Rules or otherwise authorized to Further enlarge- appoint the time for the doing of any act or the taking of any proceeding, For to enlarge the time appointed or allowed for that purpose by these Rules or otherwise--the Court may further enlarge any time so appointed or enlarged by it on such terms (if any) as seem just, provided that the application for further enlargement is made before the expiration of the the time already allowed, and that such further enlargement appears to the Court (for reasons to be recorded in the minutes of proceedings) to be re- quired for the purposes of justice, and not to be sought merely for delay.

Guardian for Purposes of Suit.

　　　　　　　　278. Where on default made by a defendant in answering or otherwise In what cases, defending the suit after due service of the petition, it appears to the Court that he is an infant or person of weak or unsound mind (not so found by inquisition) so that he is unable of himself to defend the suit, the Court

Notice

Interpretation of the Court."

　　　　　　Now charge to be made,

Summons or

IMMUTANU.

Form of charge.

Bervice

Proof of service.

· In what cases.

Execution; 1 another Consular

strict, when.

La what cases,

RULES OF SUPREME COURT

may, on the application of the plaintiff or of its own motion, appoint some fit person to be guardian of the defendant for the purpose of the suit, by whom he may defend the same.

But no such order shall be made except on notice, after expiration of the time for answering, and four days at least before the day named in the notice for the hearing of the application, or for the Court proceeding (as the case may be), served on or left at the dwelling-house of the person with whom or under whose care the defendant was at the time of service of the petition, and also, in the case of an infant residing with or under the care of his father or guardian, served on or left at the dwelling-house of such father or guardian, unless the Court thinks fit in any case to dispense with such last mentioned service.

XIII. CRIMINAL MATTERS. I.-In General.

279. In the following Rules (under the heading "Criminal Matters") as far as they relate to the Supreme Court, the expression "the Court" means or includes (as the case may require) any officer of, or person attached to, the Supreme Court from time to time authorized to exercise or assist in the exercise of any part of the criminal jurisdiction of that Court. 280. A person making a criminal charge against another before the Supreme or other Court, must do so in person, or by attorney or counsel or an agent lawfully thereunto authorised.

may

281. In every case, whether the charge is or is not such as must or be heard

and desermined in a summary way, the Courts all proceed, if the accused is not already in custody, either by way of summons to him or by way of warrant for his apprehension in the first instance, according as the nature and circumstances of the case require.

Summons.

282. For the issuing of a summons the charge need not be put in writing or be sworn to, unless the Court so directs.

A summons shall be served by the delivery of it to the person sum- moned personally, or if he cannot be conveniently met with, then by its being let at his usual or last known place of abode or business within the particular jurisdiction.

The person effecting service must attend at the time and place men- tioned in the summons, to prove service if necessary.

Warrant.

283. If the person summoned does not obey the summons, the Court may (after proof on oath of due service of the summons) issue a warrant for his apprehension.

Notwithstanding the issuing of a summons, a warrant may be issued at any time b fore or after the time appointed in the summons for the appearance of the accused.

A warrant shall not be issued in the first instance unless the charge is in writing on the oath of the person laying the charge, or of som witness. A warrant need not be made returnable at any particular time, but may remain in force until executed.

It may be executed by the apprehension of the accused at any place within the particular jurisdiction, and in case of fresh pursuit it may be executed at any place in another Consular district, without any applica tion to the Court of that district.

Search Warrant.

284. Where positive proof or probable suspicion is shown to the Court by evidence on oath that anything on, by, or in respect of which a crime of offence cognizable by the Court has been committed, is in any house or place over which by reason of the nationality of the occupier th reof, t e Court has jurisdiction, the Court may issue a warrant to search the house

IN CHINA AND JAPAN.

or place, and if anything searched for is found, to seize it, and apprehend the occupier of the house or place.

The warrant shall be directed to some officer by name, who alone Contents. shall be entrusted with its execution, but he may be accompanied by any person or persons necessary to assist him in his search.

A general warrant to search shall not be granted, but the particular house or place must be indicated in it.

If the house or place is closed, and the officer is denied admission Force. after demanding admission and disclosing his authority and the object of his visit, it my be forced open.

　　　　　　　Where there is probable suspicion only, the warrant must be executed Day; night, in the day time; where there is positive proof, it may be executed in the night time.

Witnesses.

any

285. Where it is shown to the Court, on oath, that British sub- Summons. ject within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, and will not voluntarily at- ten to give evidence at the preliminary examination, or in summary cases. at the hearing of the charge, the Court shall issue a summons for his attendance.

summon..

286. If any person summoned does not obey the summons, and does Warrant after not excuse his failure to the satisfaction of the Court, then (after proof on oath of the service of the summons) the Court may issue its warrant to compel his attendance.

287. Where it is shown to the Court, on oath, that any British sub- warrant in året ject within the particular jurisdiction is likely to give material evidence, instance. either for the prosecution or for the defence, and that it is probable he will not attend to give evidence at the preliminary examination or in summary cases at the hearing of the charge, unless compelled to do so, then instead of issuing a summons the Court may issue a warrant in the first instance.

answer.

288. If on the appearance of the person summoned, either in obedience Refusal to take to a summons, or on being brought up by virtue of a warrant, he refuses oath or to to take an oath,-or, having taken an oath, to answer any question put to him, and does not excuse his refusal to the satisfaction of the Court, then the Court may, by warrant, commit him to prison, there to remain for not more than seven days, unless he in the meantime consents to answer duly on outh.

Issuing, &c., of Warrant on Sunday or Holiday.

289. A warrant for apprehension or commitment or other purpose, or a search warrant, may be issued and may be executed on a Sunday, Good Friday, or Christmas Day, as well as on any other day, where the urgency of the case so requires.

In what casOT,

II. PROCEEDINGS BY PRELIMINARY EXAMINATION AND INDICTMENT.

290. The following Rules (under the sub-heading "Proceeding by Extent of Preliminary Exainination and Indictment") apply exclusively to cases following where the charge is to be heard and determined not in a summary way, but on indictment.

Preliminary Eximination.

Rules.

　　　　　　　　291. Where the accused comes before the Court en suminons or war- Depositions. rant, or otherwise, the Court before committing him to prison for trial, or admitting him to bail, shall, in his presence, take the deposition ou oath of those who know the facts and circumstances of the case, and shall put

the same in writing.

ac used.

　　　　　　　292. The accused shall be at liberty to put questions to any witness Questions by produced against him, and the statements of any witness in answer thereto shall form part of that witness's depositi n.

Bignature of deposition. Witness dead or ill.

Variance of ⚫vidence.

　　　　　　　　　　How to be taken.

Confession.

　　　　　　　　Examination of this kind not

public.

　　　　　　　　Prosecutor or witnesses to

enter into recognizance.

RULES OF SUPREME COURT

　　293. The deposition of each witness shall be read over to the witness and shall be signed by him.

294. If on the trial of the accused it is proved on oath that any per- son whose deposition has been taken is dead, or is so ill as not to be able to travel, and that his deposition was taken in presence of the accused, and that he or his counsel or attorney cross-examined, or had full oppo- tunity of cross-examining the witness, the deposition may be read as evidence in the prosecution without further proof thereof.

295. No objection at the preliminary examination to any charge, summons, or warrant for any defect in substance or form, or for any variance between it and the evidence adduced on the part of the prosecu- tion, shall be allowed: but if any variance appears to the Court to be such that the accused has been thereby deceived or misled, the Court may, on the request of the accused, adjourn examination, and in the meantime remand the accused or admit him to bail,

Statement of Accused.

　　296. After the examination of all the witnesses on the part of the prosecution is completed, the Court shall, without requiring the attendance of the witnesses, read over to the accused the depositions taken against him, and shall then say to him these words:

"Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you on your trial. And I give you clearly to understand that you have nothing to hope from any promise of favour, and nothing to fear from any threat that may

have been held out to you to induce you to make any admission or confession of your guilt; but whatever you now say may be given in evidence against you upon your trial, notwithstanding such promise or threat.'

Whatever the accused then says in answer thereto, shall be taken down in writing, and shall be read over to him, and shall be kept with the depositions of the witnesses, and afterwards, on the trial of the accused, the same may be given in evidence against him without further proof thereof.

297. Nothing in the foregoing Rules, however, is to prevent the pro- secutor from giving in evidence any admission or confession or other statement of the accused made at any time, which would, by law, be admis- sible as evidence against him.

Publicity.

298. The room or place in which the preliminary examination is held is not an open or public Court for that purpose; and the Court may, in its discretion, in case it appears to it that the ends of justice will be best answered by so doing, order that no person have access to, or remain in, the room or place without the special permission of the Court.

Recognizance to Prosecute or give Evidence.

299. The Court may, at the preliminary examination, bind by recog- nizance the prosecutor and every witness to appear at the Court at which the accused is to be tried, to prosecute, or to prosecute and give evidence, or to give evidence (as the case may be.)

A notice of each recognizance shall at the same time be given to the person bound thereby.

If a witness refuses to enter into a recognizance, the Court may, by warrant, commit him to prison, there to remain until after the trial of the accused, unless in the meantime he duly enters into a recognizance.

But if afterwards, from want of sufficient evidence or other cause the accused is not either committed for trial or held to bail, the witness shall be discharged from custody by direction of the Court.

IN CHINA AND JAPAN.

Remand.

300. If from the absence of witnesses or any other reasonable cause in what cas, the Court considers it necessary or advisable to defer or adjourn the preliminary examination, the Court may, by warrant, from time to time remand the accused for such time as seems reasonable, not exceeding fourteen days, to some prison or other place of security;

Or, if the remand is for not more than eight days, the Court may, by

Custody during word of mouth, order the officer or person in whose custody the accused remand. is, or any other fit officer or person, to continue or keep the accused in his custody, and to bring him up at the time appointed for commencement or continuance of the examination.

During the period of remand the Court may, nevertheless, order the accused to be brought before it.

Instead of detaining the accused in custody during the period of remand the Court may discharge him, on his entering into a recognizance with or without a surety or sureties, as the Court may think, for his appearance. A notice of each recognizance shall at the same time be given to each person bound thereby.

Commitment,

301. When all the evidence adduced at the preliminary examination In what cases. on the part of the prosecution has been heard, if the Court is of opinion. that it is not sufficient to put the accused on his trial the Court shall forthwith order him, if in custody, to be discharged as to the particular charge in question.

　　　　　　If, on the contrary, the Court is of opinion that the evidence is sufficient to put the accused on his trial, the Court shall either by warrant commit him to prison, there to remain till delivered by due course of law, or admit him to bail.

Bail.

302. Where the accused is charged with-Felony : Assault with in- Where discro- tent to commit felony: Attempt to commit felony: Obtaining or attempt- tionary. ing to obtain property by false pretences: Receiving stolen property, or property obtained by false pretences: Perjury, or subornation of perjury : Concealing the birth of a child by secret burying or otherwise: Wilful or indecent exposure of the person: Riot: Assault on a constable or officer of the Court in the execution of his duty, or any person acting in his aid: Neglect or breach of duty as a constable or officer of the Court: it shall be in the discretion of the Court to admit him to bail, either in the first instance, instead of committing him to prison for trial, or at any time after his commitment and before trial.

Where the accused is charged with any indictable misdemeanor other Where or than those hereinbefore described, the Court shall ordinarily admit him taken." to bail.

303. A person charged with murder or treason can be admitted to in murder or bail by the Judge of the Supreme Court only.

treason.

of Supreme

304. The Judge of the Supreme Court may, on good grounds, admit Power of Judge any person to bail, although the Provincial Court before which the charge Court. is made does not think fit to do so.

　　　　　　　305. The accused who is to be admitted to bail is to produce such Form of bail. surety or sureties as, in the opinion of the Court, will be sufficient to ensure his appearance at the time and place when and where he is to be tried, and with such surety or sureties to enter into a recognizance accordingly.

A notice of each recognizance is at the same time to be given to each person bound thereby.

Privileges of Accused.

　　　　　　　306. At any time after the preliminary examination has been com- Copies of pleted, the accused is entitled to have copies of the depositions on which

dopositions to accused.

Transmission of

RULES OF SUPREME COURT

he has been committed for trial, or held to bail, on payment of a reason- able sum, not exceeding sixpence for every one hundred words, or gratis, if the Court so directs.

The Court shall, at the time of commitment or of holding to bail, inform the accused of his rights in this respect.

Preparations for Trial.

307. The written charge (if any), the depositions, the statement of the deposition and accused, the recognizances of prosecutor and witnesses, and the recognizance of bail (if any) shall be carefully transmitted in proper time to the Court at which the trial is to be held.

　　　　　　　　other documents to Court.

　　　　　　　　Course of proceedings In trials on indictments.

Conduct of prosecution

before Supreme Court.

Extent of

Indictment.

308. A trial before the Judge or an officer of the Supreme Court, with a jury, and the proceedings before and after trial relative thereto, shall be conducted as nearly as may be as a criminal trial before a Judge with a jury and the corresponding proceedings is and are conducted in England.

Other criminal trials, with or without a jury, or with Assessors, and the proceedings before and after trial relative thereto, shall be conducted in like manner, mutatis mutandis.

　309. In criminal cases to be tried on indictment before the Judge or Assistant Judge of the Supreme Court, whether with or without a jury, the depositions when completed shall forthwith be delivered to the Law Secretary, as prosecutor on behalf of the Crown, who shall thereupon, in person or by some proper representative appointed by him, in any case by writing under his hand, take all proper steps for indicting and bringing to trial the accused, and conduct the prosecution in Court at that trial; and no such prosecution shall be under the direction or conduct of any private prosecutor.

　Any private prosecutor may, however, retain any member of the English, Irish, or Scottish Bar, or any regular and duly qualified advocate of foreign nationality, to assist in the prosecution; and such barrister or advocate may, with the assent of the prosecution for the Crown, appear in Court at the trial and take part in the prosecution; but no such prosecu- tion shall be withdrawn or abandoned without the express consent of the Law Secretary, as prosecutor for the Crown, or of his representative, given in open Court.

III. SUMMARY PROCEEDings.

310. The following Rules (under the sub-heading "Summary Pro- following Rules. ceedings") apply exclusively to cases where the charge is to be heard and

determined not on indictment, but in a summary way.

Non-appearance of prosecutor.

Custody in case

Hearing.

　311. Where the accused comes before the Court on summons, or warrant, or otherwise, either originally or on adjournment, then if the prosecutor, having had due notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear in person, or by counsel or attorney, the Court shall dismiss the charge, unless for some reason i thinks proper to adjourn or further adjourn the hearing, with or without imposing any terms.

312. In caso of adjournment the Court may commit the accused in of adjournment. the meantime to prison, or to such other custody as it thinks fit, or may discharge him on his entering into a recognizance with or without a surety or sureties, at the discretion of the Court, for his appearance at the time and place of adjournment.

　　　　　　Both parties appearing.

　A notice of each recognizance is at the same time to be given to each person bound thereby.

　313. If both parties appear in person, or by counsel or at- torney, the Court shall proceed to hear and finally determine the charge.

IN CHINA AND JAPAN.

charge.

　　　　　　314. The prosecutor shall be a: liberty to conduct the charge, and to Conduct of- have the witnesses examined and cross-examined by counsel or attorney on his behalf.

　　　　　　　315. The accused sball be admitted to make his full answer and defence of defence to the charge, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf; and if he does not employ counsel or attorney, he shall, at the close of the examination of each witness for the prosecution, be asked by the Court whether he wishes to put any questions to the witness.

If he puts any question to a witness, the witness may be re-examined for the prosecution.

316. The room or place in which the Court sits to hear and determine Publicity. the charge, is an open and public Court, to which the public generally may have access as far as the room or place can conveniently contain them.

317. The substance of the charge shall be sta ed to the accused, and Admission o

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　charge by he shall be asked if he has any cause to show why he should not be accused. convicted.

　　　　　　　If he thereupon admits the truth of the charge, and does not show Evidence fox. sufficient cause why he should not be convicted, the Court may convict prosecution, him accordingly.

If he does not admit the truth of the charge, the Court shall proceed to hear the prosecutor and such with sses as he examines, and such other evidence as he adduces in support of his charge.

　　　　　　On the termination of the whole evidence in support of the charge, if Defence, it appears to the Court that a prima facie case is made out against the accused, he shall be asked by the Court if he wishes to say anything in answer, or has any witnesses to examine or other evidence to adduce in his defence; and the Court shall then hear the accused and his witnesses and other evidence, if any.

reply.

　　　　　　318. If the accused adduces any evidence in his defence, the prosecutor Evidencs r. may adduce evidence in reply thereto; but the prosecutor shall not in any case be allowed to make any observations by way of reply to the evidence adduced by the accused, nor shall the accused in any case be allowed to make any observations on evidence by the prosecutor in reply.

and evidence,

　　　　　　　319. A variance between the charge and the evidence adduced in Variance support of it as to the time at which the alleged crime or offence was

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　between charge. committed is not material if it is proved that the charge was in fact made within the time (if any) limited by law for the making thereof. But if variance between the charge and the evidence appears to the Court to be such that the accused has been thereby deceived or misled, the Court may adjourn the hearing.

Adjournment.

adjourned in

　　　　　　320. At any time before or during the hearing of the charge the Court Hearing may te may, in its discretion, for any good cause recorded in the minutes of proccedings, adjourn the hearing.

An adjournment ordered for any cause shall be made to a certain time and plac, to be at the time of the adjournment appointed and stated in the presence and hearing of the parties, or their respective counsel or attorneys.

discretion of Court.

During the period of adjournment the Court may in its discretion, Custody duri according to the nature an i circumstances of each case, either suffer the adjournment, accused to go at large or commit him by arrant to such prison or other place of security, or to such other safe custody as the Court thinks fit, or may discharge him on his ntering into a recognizance, with or without a surety or sureties, at the discretion of the Court, for his appearance at the time and place of adjournment.

　　　　　　A notice of each recognizance is at the same time to be given to each person bound thereby.

Conviction or dismissal.

Minute.

Certificate.

On conviction.

On dismissal.

Imprisonnient.

Levying of penalty or other moneys,

Commitment for

RULES OF SUPREME COURT

If at any time and place of adjournment of a hearing, which has once begun, the accused does not appear in person or by counsel or attorney, the Court may in its discretion proceed with the further hearing as if the accused were present.

Decision

321. The Court having heard what each party has to say as aforesaid, and the witnesses, and the evidenc adduced, shall consider the whole matter and finally determine the same, and shall either convict the accused or dismiss the charge.

Conviction.

322. In case of conviction a minute thereof shall be made, and the conviction shall afterwards be drawn up in form, to be preserved among the records of the Court.

Dismissal.

323. In case of dismissal of the charge the Court may, if it thinks fit, on being requested so to do, make an order of dismissal and give the accused a certificate thereof, which certificate shall on being produced, without further proof, be a bar to any subsequent charge for the same matter against the same person.

Costs.

324. In case of conviction the Court may, in and by the conviction, award and order that the person convicted do pay to the prosecutor such costs as seem just and reasonable, to be specified in the conviction.

325. In case of dismissal the Court may, in and by the order of dis- missal, award and order that the prosecutor do pay to the accused such costs as seem just and reasonable, to be specified in the order of dismissal. Execution of Conviction or Order of Dismissal.

326. Where a conviction does not adjudge the payment of money, but adjudges that the offender be imprisoned, the Court shall issue a warrant of commitment accordingly.

327. Where a conviction or order of dismissal adjudges any money to be paid by any person convicted or any prosecutor for penalty, com- pensation, costs, charges or otherwise, the money to be paid may be levied on the goods of the person adjudged to pay the same by distress and sale under warrant.

328. If the officer having the execution of the warrant returns that want of distress, he could find no goods or no sufficient goods whereon to levy the money mentioned in the warrant, together with costs, the Court may by warrant commit the person adjudged to make the payment to prison for not more than two months, unless the money adjudged to be paid, and all costs and charges of the distress, commitment, and conveyance to prison, to be specified in the warrant of commitment, are sooner paid.

Commitment in lieu of distress

Payment or

tender before distress.

　329. Where it appears to the Court that such distress and sale of goods as aforesaid would be ruinous to the person ordered to pay the money and his family, or (by confession of that person or otherwise) that he bas no goods whereon a distress may be levied, then the Court, if it thinks fit, may, instead of issuing a warrant of distress, commit him to prison with or without hard labour, for not more than two months, unless the money adjudged to be paid, and all costs and charges of the commit- ment and conveyance to prison, to be specified in the warrant of commit- ment, are sooner paid.

　330. Any person against whom a warrant of distress issues may pay or tender to the officer having the execution of the warrant the sum therein mentioned, together with the amount of the expense of the distress up to the time of such payment or tender, and thereupon the officer shall cease to execute the same.

IN CHINA AND JAPAN,

　　　　　　331. Any person committed for non-payment may pay the sum men- Payment after tioned in the warrant of commitment, together with the amount of costs and commitment, charges therein mentioned (if any), to the person in whose custody he is, who shall thereupon discharge him, if he is in custody for no other matter. XIV.-APPEAL TO SUPREME COURT IN CRIMINAL CASES.

　　　　　　332. The application for a special case, on summary conviction, shall Time in sun- be made within 48 hours after the sentence.

mary cases,

　　　　　　333. The application for a special case shall state shortly the grounds Form of on which the appellant considers the conviction erroneous in point of law, application, and may contain any argument in support of the appeal, or may include an application that time be allowed for the filing of such an argument, which may be allowed accordingly.

　　　　　　334. The special case, when granted, shall be stated within ten days Time for after application for the same, or after expiration of the time allowed for statement. filing such argument.

335. A copy of the appellant's application for a special case, and of any copy of argument filed by him in support thereof, shall be annexed to the special case, application.

　　　　　　336. The appellant shall give security to the satisfaction of the Court, Security. by recognizance, deposit, or otherwise, to prosecute the appeal without delay, and to submit to the judgment of the Supreme Court, and to pay any costs awarded against him.

custody.

　　　　　　　337. The appellant, if in custody, shall be liberated on his giving 1 scharge from, further security to the satisfaction of the Court, by recognizance, deposit, or otherwise, to appear and receive judgment at any appointed time and place, unless the conviction is set aside by the Supreme Court.

338. The prosecutor shall be entitled, on payment of the proper fees, to have a copy of any special case or other documents sent to the Supreme pro Court on any appeal in a criminal case.

XV.-GENERAL PROVISIONS (CIVIL AND CRIMINAL MATTERS).

Superior Courts.

339. In all matters not in these Rules expressly provided for, the ob ervance of procedure of the Supreme Courts and of Justices of the Peace in England, procedure of in like cases shall, as far as possible, be followed, save that with respect &c., in England to matters arising under the Admiralty or other special jurisdiction, the procedure of the Court having such jurisdiction in England, shall, as far as possible, be followed.

　　　　　　　340. Notices, summonses, warrants, decrees, orders, and other docu- Sealing of ments issuing from the Court shall be scaled with the seal of the Court. notices, &c.

　　　　　341. In these Rules the words "oath" and "affidavit," and words Interpretation. referring thereto or to swearing, include information and declaration and refer thereto, or to the making of an affirmation or declaration, where an affirmation or declaration is admissible in lieu of an oath or affidavit.

Terms used in these Rules have the same meaning as in the Order in

Council under which the Rules are framed.

　　　　　　342. The Forms appended to these Rules may be used with such variations as the circumstances of each case require.

paid.

Forme.

343. The Fees specified in the List appended to these Rules shall be Fees.

The Court may, however, remit any such fee, wholly or in part, if it thinks fit.

　　　　　　　344. These Rules shall commence and have effect at the same time as co ma encement. the Order in Council under which they are framed.

Approved :

(Signed) RUSSELL.

(Signed)

EDMUND HORNBY,

Judge.

FEES IN H.B.M. SUPREME AND OTHER COURTS IN

CHINA, JAPAN, AND COREA.

The following Table of Fees to be taken by Her Majesty's Supreme Court and other Courts in China, Japan, and Corea in Civil and Criminal Proceedings, shall be substituted, as regards all Proceedings commenced after the date of the publication of this Rule, for the Table of Fees annexed to the Rules of Her Britannic Majesty's Supreme Court for China and Japan dated 4th May, 1865, and the Fees specified in the Table hereby substituted shall be levied accordingly.

R. A. MOWAT,

Acting Chief Justice.

1st October, 1888.

I-CIVIL MATTERS.

Service.

•

　　　　　　　For service of summons, petition, motion-paper, notice, warrant, decree, order, or other document on a party, witness, juror, assessor, or other person, under any branch whatever of the civil jurisdiction-

Within one mile (English) of Court Beyond, for every mile or part of a mile

For service effected through another Court

...

Fee No. 1 in addition to such fee as the other Court charges for service.

•

　　　　　　　　　　　　　　　　Decision of Questions without formal Suit. 'On summons for statement of issue or for special case On order for issue or for special case On hearing..

...

'On summons On decree

***

...

　　　　　　　　　...one and a half per cent. on amount at issue Summary Procedure on Bills of Exchange and Promissory Notes.

...

Order for reference to arbitration in pending suit On application to make submission to arbitration a Rule of Court On order

On summons On order

•

...

Summary Procedure for Administration of Property of Deceased Persons.

Summary Orders before Suit.

'On application for order......

...

'On recognizance

On order

***

Bankruptcy. (Act 1883.)

:::

$ cts.

0 50

ORAN

5 00

...

5 00

...

...one and a half per cent. on amount

Arbitration.

2 00 5 00

...

2 00

•

10 00 10 00

5 00

...

2 50

...

Every declaration by a debtor of inability to pay his debts

Every bankruptcy notice

...

Every bond with sureties

Every bankruptcy petition

...

***

...

Every affidavit filed (other than proof of debt)

•

Every subpoena...

...

Every affidavit for proof of debt

...

***

Every petition under Section 125 of the Act

...

30 00

For every creditor to be notified

Every receiving order under Section 103 of the Act Every application for an order of discharge

30 00

...

88888888388

...

•

Every application to the Court under Sections 18 and 23 to approve a composition, one per cent. on the gross amount of the composition

2 00

...

Every application to a Court, except by Official Receiver Every application under Section 162 to the Supreme Court or Court for Japan for

payment of money out of the Bankruptcy Estates (unclaimed) account

IN CHINA AND JAPAN.

On the assets realized or brought to credit by the Official Receiver whether acting

as interim Receiver or Trustee, not being assets received and spent in carrying. on the business of the debtor

six per cent. Travelling and other reasonable expenses of Official Receiver, at discretion of the Court. NOTE. All applications, orders, etc., in Bankruptcy other than as above specified, to be charged for as in ordinary suits.

Probate and Administration.

On application for probate or administration On oath of every executor or administrator On administration bond

On probate or administration

...

101

$ cts.

888

5 00 3

(The like sum as is payable in England for Stamp-duty.

N.B.-If the whole personal estate, without making any deduction for debts or funeral expenses, is under $600, the total fees payable for obtaining probate or administration, including the preparation of the necessary forms, shall be... 5 00

　　　Where the whole value of the estate, without deduction for debts or funeral expenses, is $600 or over, but does not exceed $1,800, there shall be payable in addition, in lieu of Stamp-duty, a fixed fee of

10 60

૩

On Official Administration under the direction of the Chief Justice, in addition to the

usual probate fees, to the Official Administrator a commission of 23 per cent. For preparing copy of will or of exemplification of probate or administration, where

not prepared by the parties themselves, to copying clerk for every 10 words... 0 25 For certifying copy of will or of exemplification of probate or administration, for

every 100 words

0 25

For every search for or inspection of any original will or grant of probate or admi-

nistration

1 00

Admiralty.

On every præcipe

5 00

On every warrant or citation...

15 00

On every

detainer

15 00

On retaining possession of a ship or of cargo, including cost of a keeper, per day 3 00 On every release

...

5 00

On every commission, monition, decree, attachment, or other instrument, for which

a fee is not specially provided

15 00

On every bail bond

5 00

***

...

On every reference to the Registrar (with or without the attendance of Merchants),

　　　　　to the Registrar and to each Merchant, for the first day For every subsequent day after the first day, to the Registrar and to each Merchant... 15 00 On filing Registrar's report

25 00

10 00

　　　On taxation of a bill of costs, for every $100 or fraction thereof allowed Poundage on moneys paid out of the Registry in any cause if the sum does not exceed

$500

2 ca

2 00

Poundage on moneys paid out of the Registry in any cause if the sum exceed $500

but does not exceed $1,000

5 00

For every additional $500 or fraction thereof over $1,000

2 00

...

NOTE. The same fees are to be charged on interlocutory proceedings, on petition, and on hearing, as are charged in ordinary suits.

Ordinary Suits.

In every suit of any kind whatever other than such as are before specified: where the

sum of money or the value of the property claimed is,-.

Under $100

$100 and under $:50

$250

$10,000

$10,000 or upwards

Where judicial relief or assistance

is sought but the right to money

or property is not involved

On Summ ns or Petition.

$1.60 $2.60

One per cent.

on amount.

$100.00

$10.00

...

On Hearing.

$1.00

~ 2.00 One and a half per

ceut, on amount,

$150.00

$10.00

On filing any document, except where a fee is specially provided by this scale. On every summons, motion, application taken out or made

On hearing every summons, motion or application

On avery decree or order...

On order for adjournment of hearing rendcred necessary by default of either party (to

be paid by that party).....

1 00

2.00

1 00

3 00

102

RULES OF SUPREME COURT

On every warrant of execution against goods

For less than $250

For $250 and upwards

For keeping possession, per diem

...

On taxation of a bill of costs, for every $100 or fraction thereof allowed

Appeal to Supreme Court or to Court for Japan.

On motion for leave to appeal

On every security

On order for leave to appeal

Where amount involved

is under $1,250.

On appeal where judicial relief or assistance is sought, but not the recovery of money

On any appeal other than as before

stated

..$2.50 .$2.50

.$5.00

On Petition or Motion.

$10.00

Τπο

per cent. amount involved, but not to exceed $200.

Where amount involved

is $1,250 or upwards.

$ 5.00 $ 5.00 $10.00

On Hearing.

$10.00

Two per cent. on amount involved, but not to exceed $200.

For preparing record of appeal, to copying clerk, such sum as the Court directs (not

exceeding 25 cents for every 100 words)

For certifying record of appeal, every 100 words

Appeal to Her Majesty in Council.

On motion for leave to appeal...

On every security

On order for leave to appeal

For preparing record of appeal, to copying clerk, such sum as the Court directs (not

exceeding 25 cents for every 100 words)

For certifying record of appeal, every 100 words

Miscellaneous.

133

$ cts.

2 00

5 00

3 00

2 00

0 25

988

15 00

25 00

0 25

　　　On deposit of will for safe custody, under Rule 183, including receipt for same On deposit of money, other than sums paid in under any judgment or order of the

Court

one per cent on amount

5 00

On registration of bill of sale...

5 00

Renewal of bill of sale

2 50

For taking an affidavit or atfirmation...

For every exhibit annexed

0 50

On every reference to the archives

...

For certified copy of any document in the archives

For first 100 words...

For every further 100 words

For communication in writing to a foreign Court, Consulate, or to a local Chinese

or Japanese Authority

2 50

88888 88 8

Attendance of the Registrar at a sale at request of parties, or for taking accounts, or for examination of witnesses at any place outside the Registry, per day or part of a day, of which half to Registrar Attendance of any Officer of the Court to give evidence in another Court or to pro-

. duce any record or document filed...

20 00

3 00

II. CRIMINAL MATTERS.

On hearing in suinmary case

0 30

0 50

On every summons or warrant

On recognizance or other security For service of any document...

For certified copies of documents (except for supplying depositions to accused under

Rule 306), as in civil cases

...

Appeal to Supreme Court or to Court for Japan.

On application for special case on summary conviction... Un filing argument separately from application On sending special case on summary conviction On sending special case on point of law reserved On recognizance or other security

On each step required

Appeal to Her Majesty in Council.

The like fee as on the cor- responding step in civil appeals to Her Majesty in Council.

5 00

15 00

...

RULES OF PROCEDURE TO BE OBSERVED IN HER MAJESTY'S

SUPREME COURT FOR CHINA AND JAPAN IN ADMIRALTY.

Whereas it is of urgent necessity that Rules of Procedure in Admiralty causes should be framed for the guidance of suitors, and whereas, by virtue of provisions contained in 26 and 27 Vict., c. 24 ("An Act to facilitate the appointment of Vice- Admiral and officers in Vice-Admiralty Courts in H r Majesty's possessions abroad," &c., &c.), which provisions are, by the 54th section of the China and Japan Order in Council, 1865, extended to the Supreme Court in China and Japan, the said Supreme Court, as a Vice-Admiralty Court, has jurisdiction in (amongst other things) the matters following:-

(1) Claims for Seamen's wages:

　　(2) Claims for Master's wages, and for his disbursements on account of the ship; (3) Claims in respect of pilotage;

(4) Claims in respect of salvage of any ship, or of life or goods therefrom; (5) Claims in respect of towage ;

(6) Claims for damage done by any ship;

(7) Claims in respect of bottomry or respondentia bonds;

(8) Claims in respect of any mortgage where the ship has been sold by decree

of the Vice-Admiralty Court, and the proceeds are under its control; (9) Claims between the owners of any ship registered in the possession in which the Court is established, touching the ownership, possession, employment, or earnings of such ship;

(10) Claims for necessaries supplied, in the possession in which the Court is established, to any ship of which no owner or part owner is domiciled within the possession at the time of the necessaries being supplied; and (11) Claims in respect of the building, equipping, or repairing within any British possession of any ship of which no owner or part owner is domiciled within the possession at the time of the work being done;

　　　　　　It is ordered that, for the regulation of the practice and procedure to be observed in the Supreme Court as a Vice-Admiralty Court, the following. Rules shall be established:

1.-All proceedings in Admiralty must be so headed. ·

NOTE.-Proceedings "in Admiralty" are either in rem or in personam. Actions in personam shall be conducted in the same way as all other actions of a similar nature, according to the Rules of Procedure provailing in the Supreme Court in matters of Law and Equity. The following outline of procedure will, therefore, be understoɔd to refer only to actions

that is against the Res, in other words, the subject-matter of the action.

in rem,

　　　　　　2.-The name and nationality of the ship against which the proceedings are taken must appear, as also that of the master; and when the owners are known, their names and residences should likewise be given.

NOTR. To give the Court jurisdiction in claims Nos. 10 and 11 (see above) the fact of the owners not being domiciled within the jurisdiction of the Court should be stated.

　　　　　　3.--Any number of persons having common interest may join in one action according to the practice of Admiralty Courts in England; and there may, in accordance with the same practice, be one action against several Res.

NOTE.-Such consolidation of separate claims may likewise be ordered on the application of the defendant, or by the Court of its own motion.

4.-Proceedings in rem must be commenced by an application for the arrest of the Res. This application must state the nature of the debt or claim and the amount

101

RULES OF SUPREME COURT.

sought to be recovered (which hould include the estimated costs of the suit). It must be supported by an affidavit of all the circumstances which justify its being made, and a fee is to be paid on its being granted.

NOTE. The application must be filed in triplicate, -one copy for service on the vessel, another for the Court, and the third for service on any party who may appear to the action.

(2) It shall be in the discretion of the Court to require and take security from the applicant for the prosecution of the suit as well as to cover any damages which may be awarded against him, in consequence of the impropriety, frivolity, or maliciousness of the application.

(2) All payments into Court shall be made in such currency and at such exchange as the Court shall direct.

　　　　　　5.-On the application being made in due form, a warrant will issue to the officer of the Court, to arrest the Res and cite all persons, having an interest in the subject-matter of the arrest, to appear within a time mentioned in the warrant and answer to the plaintiff in his cause.

　　　　　　6. The arrest shall be executed by the arresting officer affixing a certified copy of the warrant to the principal mast or to some other conspicuous part of the ship, after having previously read the original warrant to the officer or other person in charge of the vessel.

NOTE.-The warrant extends to the apparel, ap: urtenances, &c., of the ship, although all or part may have been detached from her and sent on shore. If the entire cargo be still on board the vessel the service on the mast arrests the former as well as the latter, and should the action he against the freight, this latter is considered to be arrested simultaneously with the cargo, But should the cargo have been landed, and deposited in a public or private warehouse, a separate an distinct arrest of it must be made-provided the warehouse be with.n the jurisdiction of a British Court. In this case, the officer of the Court will affir acertified copy of the warrant on such separate cargo, and the like if the cargo has been transhipped to a British ship. But if the warehouseman, or person in charge of the cargo, will not permit access to it, the officer will serve him instead of the Res with the warrant, b showing to him the original and leaving with in copy of it.

(2) The fact of ar. est is to be certified by endorsement under the hand of the officer makin. it.

7.-A person nominated by the Court shall be left in cha ge of the Res.

NOTE-A fee will be charged on each of the three last named steps (5-7), that is to say, for the warrant, the service and arrest, and expenses connected with and arising out of the custody of ship, &c.

　　　　　　8. The fact of the arrest and the citation to appear shall be advertised in the usual way.

　　　　　　9.-At any time before the trial of the case, the owner or captain or any one interested in the vessel or in the cargo or freight attached, may come in and give an undertaking to appear or to appear and give bail to the action. Such an undertaking shall operate as a stay of all proceedings for twenty-four hours, after which time, or such extended time as the Court may see fit to grant, if no appearance is entered or no bail given, the proceedings shall continue as if no such undertaking had been given.

NOTE.If bail-which also implies appearance-be given, the Res arrested shall be released, and the action proceed. (2) If only an appearance is entered, the Res shall be detained under arrest.

(3) On bail being tendered and an appearance entered, it shall be competent for the Court to require security for costs. (4) On tender of bail, it shall be competent for the Court to accept the same, or to call on the petitioner to accept the same, or to make an order for justification of the bail.

　　　　　　10. A petition shall be filed within three days after the arrest is completed unless a longer time shall on application be allowed by the Court: and such petition shall be served in the same way as the order of arrest, as well as upon any parties who may have appeared in answer to the citation.

11.-The Rules prevailing in the Supreme Court with reference to answers, setting down the cases for hearing, and hearing shall be applicable to causes in the Admiralty. 12.-At any stage of a cause, either party may pray for an appraisement of the Res, and it shall be competent for the Court to order such appraisement on such terms as to costs and expenses as it sees fit to impose.

　　　　　　13.-All Interlocutory Proceedings and all proceedings before and on the trial of the case, shall, as far as circumstances admit, be conducted in conformity with the General Rules of Procedure in the Supreme Court.

　　　　　　14. On the cause being beard, the Court shall give judgment and decree the release of the Res or in the event of a decision adverse to the ship, and should no bail have been given in the suit, or o satisfaction of the judgment of the Court be offered by the party (if any) who appeared to defend the suit-the sale thereof The date at which such sale shall take place, and tƖ e manner- --whether by public auction or otherwise, as shall seem to the Court most advantageous-shall be specified in the decree of the Court and notified by advertisement.

IN CHINA AND JAPAN.

105

　　　　　　15.-The proceeds of the sale shall be paid into Court, and therefrom shall the decree or decrees, on a day fixed for the appearance befor the Court of the parties interested for the marshalling of their claims, be satisfied, and the surplus shall remain in Court until the person or persons claiming to be entitled thereto`shall establish their claim or claims.

Nor. It shall be competent for any person, at any period in a suit, to file in Court a petition that he be decreed to share in the proceeds or in the balance thereof; and any proceedings of this description shall be conducted in the same way as a claim would have been conducted against the Res itself.

　　　　　　16.-It shall be competent for the Court to refer any matter requiring investiga- tion, or having reference to accounts, rate of interest, repairs done to any ship, &c., to the Registrar alone, or to the Registrar assisted by one or two merchants or shipmasters to be appointed by it; and such referene shall take place within ten days from the date of the order therefor. Leave shall, when prayed for by either party, be given to file affidavits and counter-affidavits, provided always that the Judge shall have power to extend the time within which the reference is to take place whenever the filing of affidavits and counter-affidavits necessitates such extension.

　　　　　　Witnesses may be produced before the Registrar, provided four days' notice of an intention to examine them be given; and it shall be optional with the Registrar to permit or refuse to allow the attendance of Counsel or Solicitors at the bearing before him, and no costs shall be allowed for such attendance if the Registrar shall be of opinion that it was unnecessary.

　　　　　　The Report of the Registrar shall be filed within ten days of the hearing before him, and notice of any objection to be made thereto shall be filed by the party making it, within five days of the filing of the Report.

　　　　　　All questions of cost of the reference shall be in the discretion of the Registrar, subject to the decision thereon of the Chief Justice.

　　　　　　　17.-In all cases the Court shall apply the English Law as administered in Admiralty Courts in England; and all matters of procedure, not otherwise provided for in these Rules or in the General Rules of Procedure for this Court, shall be governed, as far as may be, by the Rules in force in Her Majesty's High Court of Admiralty.

RULES OF PROCEDURE FOR THE COURT OF CONSULS, SHANGHAI..

APPROVED BY THE CONSULAR BODY, 10TH JULY, 1882.

　　　　　　　RULE 1.-Every petition and other pleading filed in the Court and all notices and other documents issuing from the Court shall be entitled "In the Court of Consuls."

　　　　　　RULE 2.-The Court will appoint a Secretary whose name and address will be made public and who shall hold the office until the Court otherwise directs. The Secretary shall have charge of all records and, under the direction of the Court, issue and serve or cause to be served all notices and other documents. He shall also be the medium of all correspondence.

RULE 3.-Suits shall be commenced and proceeded with in person or by attorney, and suitors may be heard with or without counsel.

RULE 4. The language of the Court will be English.

RULE 5.-All proceedings shall be commenced by a petition to the Court, to be filed in quadruplicate and to state all facts material to the issue in distinct paragraphs. RULE 6. The petition will be served upon the defendant with notice to file an answer in quadruplicate within fourteen days from the date of service. A copy of the answer will be served on the plaintiff or his counsel under the direction of the Court.

RULE 7.--Amendments and other proper pleadings will be admitted upon such terms as the Court may impose, and such interim order may be made prior to the hearing of the cause as the Court may consider necessary.

　　　　　　　RULE 8. When it appears to the Court that a cause is ready to be heard such cause will be set down for hearing, and notice of the date and place of hearing will be given to the parties.

RULE 9. Sittings of the Court will be public and its proceedings recorded by the Secretary.

RULE 10.-The onus of producing witnesses shall be with the parties, but the Court will, as far as practicable, aid in procuring the attendance of witnesses. Evidence will be taken on oath or otherwise as the witness may consider binding. The examination of witnesses will be conducted as the Court may direct.

RULE 11.-A failure to respond to any order or notice issued by the Court will entitle the adverse party to judgment by default, and the Court shall be empowered to give judgment accordingly.

RULE 12.-In any case upon application within sixty days after judgment the Court may order re-hearing upon such terms as seem just.

RULE 13.-Special cases where the facts are admitted may be submitted in

writing to the Court for decision without appearance of the parties.

RULE 14.-A minute of all orders shall be drawn up and shall be signed by the Consuls forming the Court or a majority of them, and all orders shall be expressed to be made "By the Court" and shall be signed by the Secretary.

RULE 15.-Judgments will be given in writing by the Judges of the Court, and either read in Court after notice or served upon the parties.

　　　　　　　RULE 16.-The fee shall be for hearing $10 for each notice issued and served $3-and such fees for recording the proceedings shall be allowed as the Court may direct. A deposit in such sum as the Court may think sufficient to secure payment of fees will be required of each petitioner. The costs, including those of counsel, in the discretion of the Court, shall be paid as the Court directs.

RULE 17.-All fees shall be at the disposal of the Court for the remuneration of the Secretary.

CODE OF CIVIL PROCEDURE-HONGKONG.

ORDINANCE No. 13 of 1873.

Sir Arthur Edward Kennedy, K.C.M.G., C.B. Governor and Commander-in-chief.

An Ordinance enacted by the Governor of Hongkong, with the Advice of Title. the Legislative Council thereof, to consolidate and amend the Laws relating to the Process, Practice, and Mode of Pleading in the Supreme Court of the Colony, and to provide a Uniform Code of Procedure at Common Law and in Equity.

[30th September, 1873.]

INTRODUCTION.

Whereas it is expedient to consolidate and amend the Laws relating Preamble. to the Process, Practice, and Mode of Pleading in the Supreme Court of the Colony, and to provide a Uniform Code of Procedure at Common Law and in Equity: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Conncil thereof, as follows:-

I. This Ordinance may be cited for all purposes as "The Hongkong Short Title. Code of Civil Procedure."

"Court

of Terms.

II.--The following terms and expressions shall be understood as Interpretation hereinafter defined or explained, unless there be something in the subject or context repugnant to such definition or explanation; that is to say:

shall mean the Supreme Court, and shall include the Chief Justice and Puisne Judge of the Supreme Court, sitting together or separately, in Court or in Chambers. "Full Court" shall mean the Chief Justice and the Puisne Judge

sitting together.

Registrar shall mean the Registrar of the Supreme Court. "Sheriff" shall include a Deputy Sheriff, andany person lawfully

authorized to execute the process of the Court.

"Code" shall mean the Code of Civil Procedure introduced by

this Ordinance.

"Cause of Action in suits founded on contract shall not neces- sarily mean the whole Cause of Action, but a cause of action shall be deemed to have arisen within the jurisdiction, if the contract was made therein, though the breach may have occurred elsewhere, and also if the breach occurred within the jurisdiction, though the contract may have been made elsewhere.

"Within the Jurisdiction" shall mean within the Colony, and shall not include the jurisdiction exercised by the Supreme Court under Article 159 of the Order of Her Majesty the Queen in Council of the 9th of March, 1865, for the Govern- ment of Her Majesty's subjects in China and Japan. III. Nothing in this Ordinance contained shall be deemed :-

(a.) To affect the Rights, Privileges, or Remedies of the Crown; (b.) To affect the existing Jurisdiction or Powers of the Supreme

Court;

(c.) To affect the Procedure and Practice of the Supreme Court in matters or causes testamentary under Ordinance No. 8 of 1860, nor under "The Bankruptcy Ordinance, 1864," nor under "The Companies' Ordinance, 1865," nor further nor otherwise than is herein expressly enacted;

(d.) To affect the Procedure and Practice of the Vice-Admiralty

Court of the Colony;

Saving Clause.

O Prosedure and Practice how far

suspended.

How far made auxiliary.

　　　　　　　　　Fusion of Procedure at

Law and in Mquity.

By whoma Pro- ceedings may be institute.l

Court may order

Authority to sue,

108

CODE OF CIVIL PROCEDURE-HONGKONG.

(e.) To affect any Suit, Action, or other Proceeding instituted

at the time of the commencement of this Ordinance; Provided always that in case the parties to any such last-men- tioned Suit, Action, or other Proceeding shall desire to carry on and continue the same, so far as may be practicable, under the provisions of this Code, the Court may, in its discretion, permit them so to do upon such terms and conditions as it may think reasonable.

Old Procedure and Practice.

　IV. Except so far as may be otherwise specially provided in this Code, all the enactments contained in any Ordinances of the Colony, or in any Acts or Parts of Acts of the Imperial Parliament in force therein relating to the procedure and practice of the Court in its common law and equity jurisdictions, and all rules and orders of the Supreme Court (in- cluding all unwritten rules of practice, and all rules or orders of any Court of law or equity in England, which are now in force in the Colony) shall, from and after the commencement of this Ordinance, and during the continuance thereof, be suspended in their operations, so far as they relate to such procedure and practice, subject to the proviso next hereinafter contained, that is to say: Provided that as regards any matters for which no special provision may have been made by this Code, the said Ordinances, Acts, or Parts of Acts, Rules or Orders hereby suspended, shall be deemed to remain in force so far as the same shall not conflict, or be inconsistent with, the Code of Procedure introduced by this Ordinance, and can be made auxiliary thereto,

New Procedure and Practice.

　V. From and after the commencement of this Ordinance, the pro- cedure and practice of the Supreme Court in its common law and equity jurisdictions shall be assimilated, and all civil suits shall be instituted and carried on in manner hereina1ter prescribed.

PART I

FROM THE INSTITUTION OF A SUIT TO THE HEARING. CHAPTER I.THE INSTITUTION OF SUITS. Register of Civil Suits.

　VI. The Registrar shall keep a Book called the Register of Civil Suits, which shall be in the form contained in the Schedule to the Code, or as near thereto as circumstances permit, and shall contain the entries specified in the said form, and every suit or proceeding, however instituted under the provisions of this Code, shall be numbered in each year accord- ing to the order in which the same shall be commenced.

Attorneys and Agents.

　VII. Every person doing any act, or taking any proceeding in the Court as plaintiff, or otherwise, must do so in his own name, and not otherwise, and either by himself or by his attorney, procurator, or agent thereunto lawfully authorised in writing.

2.-Where such act is done, or proceeding taken by an attorney, or Cop thereof procurator or agent, the 'ourt may order that the power of attorney, or instrument constituting the procurator or agent, or an authenticated copy thereof, be filed in the Court before, or at the commencement of, or during the proceedings.

to be filed.

Where the Original must be filed.

　3.-Where the authority is special and has reference only to the particular proceeding to be taken," the original document itself must be filed; but where the authority is general or has reference to other matters in which the attorney, procurator, or agent is empowered to act, an authenticated copy of such document may be filed.

CODE OF CIVIL PROCEDURE-HONGKONG,

109

　　　　　　4. The authority, whether general or special, must be distinct and Terms of clear, so as to satisfy the Court that the person professing to act thereon Authority. bas such authority as he claims to exercise.

without

　　　　　　5.-Any person doing any act or taking any proceeding in the Court Proceeding. in the name or on behalf of another person, not being lawfully authorised Authority. thereunto, and knowing himself not to be so authorised, shall be deemed guilty of contempt of Court.

Service of Process.

　　　　　　　VIII.--No service in a Civil Suit shall be made on Sunday, Christmas Dies non. day, or Good Friday.

Service.

2. Unless in any case the Court think it just and expedient other- Personal wise to direct, service shall be personal, that is, the document to be served shall be delivered into the hands of the person to be served: Provided always that where the duly authorised attorney of the person to be served shall undertake to accept service on behalf of his client, service upon such Service vr. attorney shall be equivalent to personal service on the client, and all Attorney. further service in the suit or proceeding may be made by delivering the instrument to be served to such attorney, or by leaving the same at his place of business.

of Service.

　　　　　　　3.--Where it appears to the Court that for any reason personal service Other Modes of a writ, petition, notice, summons, decree, order, or other document of which service is required cannot be conveniently effected, the Court may order that service be effected either :-

Abode, &.

(a.) By delivery of the document to be served, together with the On Inmate

order for service, to some adult inmate at the usual or last known place of abode or business within the Colony of the person to be served; or,

Service.

(b.) By delivery thereof to some agent within the Colony of the Substitutes

person to be served, or to some other person within the Colony through whom it appears to the Court there is a reasonable probability that the document and order served will come to the knowledge of the person to be served; or, (c.) By advertisement in some newspaper circulating within the Advertisemen..

Colony; or,

(d.) By notice put up at the Court-house, or at some other place Notien affixəs

of public resort, or at the usual or last known plac› of abode or business of the person to be served, within the Colony.

Government

　　　　　　　4. When the defendant is in the service of the Government the Court Service on may transmit a copy of the document to be served to the head officer of the Servants. department in which the defendant is employed, for the purpose of being served on him, if it shall appear to the Court that the document may be most conveniently so served.

Corporations

5. When the suit is against a British Corporation, or a Company On British authorised to sue and be sued in the name of an officer or trustees, the and Companies document may be served by giving the same to any director, secretary, or other principal officer, or by leaving it at the office of the Corporation or Company.

Corporations

　　　　　　6.--When the suit is against a foreign Corporation or Company On foreign having an office and carrying on business within the Colony, and such and Companies suit is limited to a cause of action which arose within the jurisdiction, the document may be served by giving the same to the principal officer, or by leaving it at the office of such foreign Corporation or Company within the Colony.

　　　　　　　7.-When the suit is against a defendant residing out of the jurisdic- On Defendant tion, but carrying on business in the Colony in his own name, or under Agent withi the name of a firm through a duly authorised agent, and such suit is

the Colony.

Service out of The Jurisdiction.

Court may make special. Orders in

respect thereof

[8ée .. 11 &

19.]

Orders may be varied.

Expenses of Service.

　　　　　　　Writ of Summons.

Its Contents, and by whom prepared.

　　　　　　　　　Not to be altered without Leave.

Limitation and Renewal of Writ.

Proceedings by Petition

Without Answer,

Service of Writ.

Time for Appearance.

110

CODE OF CIVIL PROCEDURE-HONGKONG.

limited to a cause of action which arose within the jurisdiction, the docu- ment may be served by giving it to such agent, and such service shall be equivalent to personal service on the defendant.

　8.-The Court may direct service to be made out of the jurisdiction in all cases in which the Court is satisfied by affidavit or otherwise that the suit is limited to a cause of action which arose within the jurisdiction.

9.- In every case in which the Court shall direct service to be made out of the jurisdiction, it shall be lawful for the Court, in its discretion, to fix the time within which an appearance shall be entered by the defend- ant, and to give any other directious with reference to such service which it may think fit, and to receive any affidavit or statutory declaration of such service having been effected as prima facie evidence thereof.

　10.--Any order for service may be varied from time to time with respect to the mode of service directed by the order, as occasion requires.

　11.-Whenever the service of Process by the Sheriff shall be attended with expense, he shall not (except by order of the Court) be bound to effect the same, unless the reasonable expenses thereof shall have been previously tendered to him by the party requiring such service; and such expenses shall be costs in the cause.

Suits to be commenced by Writ of Summons.

　IX. Subject to the provisions hereinafter contained as to the institu- tion of special suits and proceedings in certain cases, all suits in the Supreme Court shall be commenced by a general writ of summons to be issued by the Registrar on the filing of præcipe for the same.

　2. The writ shall be prepared by the plaintiff, or his attorney, and shall specify the name, description, and place of abode of the plaintiff and of the defendant so far as they can be ascertained, the subject matter of the claim, and the relief sought for, and such writ shall be attested in the name of the Chief Justice, and bear date the day whereon the same shall be sued out.

　3. Any alteration in the writ, without leave of the Court, and without being re-sealed before service, shall render the writ void.

　4.In case service of the writ shall not have been effected within six months from the date thereof, the same shall become void : Provided always that the Court may, before the expiration of the then current period, in its discretion, from time to time renew the operation ot the writ for a further period not exceeding six months at one time.

5. Nothing in this section contained shall be deemed to apply to proceedings which may now be heard on petition without preliminary ser- vice on any party, but all petitions shall be subject to the rules contained in Section XXIV., so far as they are applicable to the subject matter thereof. On Summoning the Defendant.

　X.-The plaintiff shall cause a copy of the writ of summons to be served on the defendant, and such copy shall contain a Memorandum endorsed thereon requiring the defendant to enter an appearance to the suit within eight days from the day of such service, or, in cases of service out of the jurisdiction, within such time as the Court shall have ordered; and every such writ shall, within eight days after the service thereof, or in cases of service out of the jurisdiction, within such time as the Court shall have ordered, be returned into the Registrar's office with a memo. randum endorsed thereon of the date and mode of service.

Appearance.

　XI-The defendant shall within eight days from the day of service upon him of the writ of summons, or in cases of service out of the jurisdic- tion, within such time as the Court shall have ordered, cause an appearance to the suit to be entered for him in the Supreme Court.

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· CODE OF CIVIL PROCEDURE-HONGKONG.

111

on absent

　　　　　　　2. In all cases of service of a writ of summons out of the jurisdiction, Further Service the entry of appearance thereto shall specify the name and address of some of Proceedinge attorney, agent, or other person within the jurisdiction on whom sub. Defendant. stituted service of all further process against the defendant in the suit may be effected while the defendant remains out of the jurisdiction, and in default thereof, the Court may proceed with the suit as if no appearance had been entered.

Consequences of Non-Appearance.

appearance.

XII. If the defendant shall fail to enter an appearance within the Proceedings ex time hereinbefore limited in that behalf, and it shall be proved to the parts on Non- satisfaction of the Court that the writ was duly served, the Court may give leave to the plaintiff to proceed with the suit ex parte. The plaintiff may thereupon file his petition and apply forthwith to have the cause set down for hearing.

Appearance,

2.-If the defendant enter an appearance at any time before the SubsequenI hearing of the suit, he may, upon such terms as the Court may direct as to the payment of costs or otherwise, be heard in answer to the suit, in like manner as if he had duly entered an appearance within the time limited as aforesaid.

the Court aa

　　　　　　　3. When the cause has been called on, the Court may proceed to Discretion of hear the same ex parte, and may, on the evidence adduced by the plaintiff, to proceeding give such judgment as appears just; but it shall not be obligatory on the ex parte. Court to decide ex parte in the absence of the defendant and it shall be at the discretion of the Court to issue a warrant to arrest bim and detain him' till another day appointed for the hearing of the cause, and, in the mean- while, to attach his property.

Writ specially Indorsed.

XIII.---In all cases in which the defendant is within the jurisdiction In what Cases, of the Court, and the claim is for a debt or liquidated demand in money, whether founded on a legal or equitable right, the plaintiff shall be at liberty to make upon the writ of summons and copy thereof a special endorsement of the particulars and amount of his claim and of any interest payable thereon by law or under any contract expressed or implied, and in default of appearance he shall be entitled to judgment for any sum not Judgment in exceeding the sum indorsed on the writ together with interest, if any, Default of payable thereon as aforesaid, to the date of the judgment, and the amount of the taxed costs: Provided always that the Court may, nevertheless, let in the defendant to defend upon an application, supported by satisfactory Leave to deferă affidavits accounting for his non-appearance and disclosing a defence upon

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　notwithstanding. the merits.

Appearance.

in case of

2. If the defendant has appeared, the plaintiff shall be entitled, upon Proceedings filing an affidavit verifying the cause of action, and swearing that in his Appearance, belief there is no defence, to take out a summons, to show cause why he should not proceed to judgment and execution, and upon such summons, such order may be made as the justice of the case may require.

Account.

3.--In like manner, in cases of ordinary account, as in the case of a Cases of partnership, or executorship or ordinary trust account, where nothing more ordinary is required in the first instance than an account, the writ may be specially indorsed, and in default of appearance, or after appearance, unless the defendant shall satisfy the Court that there is really some preliminary question to be tried, an order for the account, with all usual directions, may be forthwith made.

4.--It shall also be lawful for the Court, in such cases, on summary Summary application in Chambers or elsewhere, to direct, if it thinks fit, any neces- Order for

Account, & sary inquiries or accounts, notwithstanding it may appear that there is some special or further relief sought, or some special matter to be tried, as to which it may

proper that the suit should proceed in the usual manner.

Wow Firms to

be coed.

Towers of Couri as to Infant Dofendants

ind Persons of Monsound Mind.

"Notice and

112

CODE OF CIVIL PROCEDURE-HONGKONG,

Proceedings by or against Partnership Firms.

XIV.--Proceedings by or on behalf of or against a partnership, solely or jointly, must be taken in the several names of the partners as individuals, and not in the name of the firm or otherwise: Provided always that where some of the members of a partnership carrying on business within the Colony are unknown, or are absent from the Colony, every such partner- ship may be sued in the name of any one or more members thereof within the jurisdiction, and every judgment obtained or order made in any such suit shall have the same effect and operation upon the person and property, both moveable and immoveable, of such partnership and of the several members thereof, whether such property be joint or separate, as if every member of such co-partnership had been actually, and in fact, a defendant in the action, and had been duly served with process, and every such judg- ment or order may be enforced as in ordinary cases of the like nature.

Guardian for Purpose of Suit.

　　XV.-Where on default made by a defendant in entering an appear- ance to the suit after due service of the writ of summons, it appears to the Court that he is an infant, or a person of weak or unsound mind (not so found by inquisition), so that he is unable of himself to defend the suit, the Court may, on the application of the plaintiff, or of its own motion, appoint some fit person to be guardian of the defendant for the purpose of the suit, by whom he may defend the same.

2.-No such order shall be made except on notice, after expiration of Mode of Bervice the time for appearance, and four days at least before the day named in the notice for the hearing of the application; such notice shall be left at the dwelling-house of the person with whom or under whose care the defendant was at the time of service of the writ of summons, and also, in the case of an infant not residing with or under the care of his father or guardian, served on or left at the dwelling-house of such father or guardian, unless the Court thinks fit in any case to dispense with such last-men- tioned service.

La Suit for *Moveable Property. (See a, 94

Application For Security

Narrant to

　　　　　　　　bring up Defendant

　　　　　　　　Bail for "kppearance.

CHAPTER 11-ARREST OF Absconding DEFENDANT-INTERIM ATTACHMENT-INJUNCTIONS--DETENTION OF SHIPS. Arrest of Absconding Defendant.

XVI.-If in any suit, not being a suit for land or other immoveable property, the defendant is about to leave the jurisdiction of the Court, or has disposed of or removed from the jurisdiction of the Court his proper- ty, or any part thereof, the plaintiff may, either at the institution of the suit, or at any time thereafter until final judgment, make an application to the Court that security be taken for the appearance of the defendant to answer any judgment that may be passed against him in the suit.

2. If the Court, after making such investigation as it may consider necessary, shall be of opinion that there is probable cause for believing that the defendant is about to leave its jurisdiction, or that he has dis posed of or removed from the jurisdiction of the Court his property, or any part thereof, and that in either case, by reason thereof, the execution of any decree which may be made against him is likely to be obstructed or delayed, it shall be lawful for the Court to issue a warrant to the sheriff enjoining him to bring the defendant before the Court that he may show cause why he should not give good and sufficient bail for his appearance.

　3.--- İf the defendant fail to show such cause, the Court shall order him to give b il for his appearance at any time when called upon while the suit is pending, and until execution or satisfaction of any decree that may be passed against him in the suit; and the surety or sureties shall undertake, in default of such appearance, to pay any sum of money that may be adjudged against the defendant in the suit, with costs.

་

CODE OF CIVIL PROCEDURE, HONGKONG.

113

of Bail.

Should a defendant offer, in lieu of bail for his appearance, to Deposit in lieu deposit a sum of money, or other valuable property, sufficient to answer the claim against him, with the costs of the suit, the Court may accept such deposit.

5.--In the event of the defendant neither furnishing security nor Committal in offering a sufficient deposit, he may be committed to custody until the Default. decision of the suit, or if judgment be given against the defendant, until the execution of the decree, if the Court shall so order.

for needless

　　　　　　6.-If it shall appear to the Court that the arrest of the defendant way Compensation applied for on insufficient grounds, or if the suit of the plaintiff is dismissed, for e or judgment is given against him by default or otherwise, and it shall appear to the Court that there was no probable ground for instituting the suit, the Court may (on the application of the defendant) award against the plaintiff such amount, not exceeding the sum of one thousand dollars, as it may deem a reasonable compensation to the defendant for any injury or loss which he may have sustained by reason of such arrest: Provided Limit thereof, that the Court shall not award a larger amount of compensation under this Section than it is competent to such Court to decree in an action for damages. An award of compensation under this section shall bar any suit for damages in respect of such arrest.

Interim Attachment of his Property.

XVII.--If the defendant, with the intent to obstruct or delay the In what Cases, execution of any decree that may be passed against him, is about to dispose of his property, or any part thereof, or to remove any such property from the jurisdiction of the Court, the plaintiff may apply to the Cour, either at the time of the institution of the suit or any time thereafter until final judgment, to call upon the defendant to furnish sufficient sécurity to fulfil any decree that may be made against him in the suit, and on his failing to give such security, to direct that any property, moveable or immoveable, belonging to the defendant, shall be attached, until the further order of the Court.

　　　　　　2. The application shall contain a specification of the property re- Application quired to be attached, and the estimated value thereof, so far as the plain- thereof. tiff can reasonably ascertain the same; and the plaintiff shall, at the time of making the application, declare that to the best of his information and belief, the defendant is about to dispose of or remove his property with such intent as aforesaid.

Warrant.

3.-If the Court, after making such investigation as it may consider Form of necessary, shall be satisfied that the defen lant is about to dispose of or remove his property, with intent to obstruct or delay the execution of the decree, it shall be lawful for the Court to issue a warrant to the sheriff, commanding him to call upon the defendant, within a time to be fixed by the Court, either to furnish security in such sum as may be specified in the order, to produce and place at the disposal of the Court when required the said property, or the value of the same, or such portion thereof as may be sufficient to fulfil the decree, or to appear and show cause why he should not furnish security. The Court may also in the warrant direct the attachment until further order of the whole or any portion of the property specified in the application.

ant fails to show

4.-If the defendant fail to show such cause or to furnish the requi- Where Defend red security within the time fixed by the Court, the Court may direct that Cause. the property specified in the application, if not already attached, or such portion thereof as shall be sufficient to fulfil the decree, shall be attached until further order. If the defendant show such cause or furnish the required security, and the property specified in the application, or any portion of it, shall have been attached, the Court shall order the attachment to be with Irawn.

How made.

Rights of third

Parties an i Claims to

Property attached.

Ke moval of attachment.

Compensation for needless Attachment.

Limit thereof.

To stay Waste, Damage, or Alienation.

114

CODE OF CIVIL PROCEDURE-HONGKONG.

5. The attachment shall be made according to the nature of the property to be attached, in the manner hereinafter prescibed for the attachment of property in execution of a decree for money.

6.-The attachment shall not affect the rights of persons not parties to the suit, and in the event of any claim being preferred to the property attached before judgment; such claim shall be investigated in the manner hereinafter prescribed for the investigation of claims to property attached in execution of a decree for money.

7.- In all cases of attachment before judgment, the Court shall at any time remove the same, on the defendant furnishing security as above required, together with security for the costs of the attachment.

8.--If it shall appear to the Court that the attachment was applied for on insufficient grounds or if the suit of the plaintiff is dismissed, or judgment is given against him by default or otherwise, and it shall appear to the Court that there was no probable ground for instituting the suit, the Court may (on the application of the defendant) award against the plaintiff such amount, not exceeding the sum of one thousand dollars, as may deem a reasonable compensation to the defendant for the expense or injury occasioned to him by the attachment of his property: Provided that the Court shall not award a larger amount of compensation under this section than it is competent to such Court to decrce in an action for damages. An award or compensation under this section shall bar any suit for damages in respect of such attachment.

Injunctions.

XVIII.-In any suit in which it shall be shown to the satisfaction of the Court that any property which is in dispute in the suit is in danger of being wasted, damaged, or alienated by any party to the suit, it shall be lawful for the Court to issue an injunction to such party, commanding him to refrain from doing the particular act complained of, or to give such other order for the purpose of staying and preventing him from wasting, damaging, or alienating the property, as to the Court may seem meet, and in all cases in which it may appear to the Court to be necessary for the preservation or the better management or custody of any property which is in dispute in a suit, it shall be lawful for the Court to appoint a Appointment of receiver or manager of such property, and, if need be, to remove the person in whose possession or custody the property may be from the possession or custody thereof, and to commit the same to the custody of such receiver or manager, and to grant to such receiver or manager all such powers for the management or the preservation and improvement of the property and the collection of the rents and profits thereof, and the application and disposal of such rents and profits, as to the Court may seem proper.

　　　　　　　　Receiver or Manager

　　　　　　　　To restrain Breach of Contract or

Repetition or Continuance of Breach.

　　2.-In any suit for restraining the defendant from the committal of any breach of contract or other injury, and whether the same be accom- panied by any claim for damages or not, it shall be lawful for the plain- tiff, at any time after the coinmencement of the suit, and whether before or after judgment, to apply to the Court for an injunction to restrain the defendant from the repetition or the continuance of the breach of contract or wrongful act complained of, or the coumittal of any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right: and such injunction may be granted by the Court on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as to the Court shall seem reasonable and just, and in case of disobedience, such injunction may be enforced by imprison- ment in the same manner as a decree for specific performance: Provided always that any order for an injunction may be discharged or varied, or set aside by the Court, on application made ther to by any party dis- satisfied with such order.

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115

3. The Court may in every case before granting an injunction direct Notice of such reasonable notice of the application for the same to be given to the Appication. opposite party as it shall see fit.

for needlesn

4.-If it shall appear to the Court that the injunction was applied for Compensation on insufficient grounds, or if the claim of the plaintiff is dismissed, or Issue of judgment is given against him by default or otherwise, and it shall appear Injunction. to the Court that there was no probable ground for instituting the suit, the Court may (on the application of the defendant) award against the plaintiff such sum, not exceeding one thousand dollars, as it may deem a reasonable compensation to the defendant for the expense or injury Occa- Limit thereof, sioned to him by the issue of the injunction: Provided that the Court shall not award a larger amount of compensation under this section than it is competent to such Court to decree in an action for damages. An award of compensation under this section shall bar any suit for damages in respect of the issue of the injunction.

Detention of Ships.

Warrant.

XIX. Where the extreme urgency or other peculiar circumstances In what Caas", of the case appear to the Court so to require, it shall be lawful for the Court on the application of any plaintiff or of its own motion, by warrant Application for under the seal of the Court, to stop the clearance or to order the arrest and detention by the sheriff of any ship about to leave the colony (other than a ship enjoying immunity from civil process) and such clearance shall be stopped or the ship arrested and detained accordingly: Provided always that no such warrant shall be issued at the instance of any plaintiff unless the application for the issue thereof shall be supported by an affidavit of

the facts.

for needless Issue thereof.

2. If it shall appear to the Court that the warrant was applied for Compensation on insufficient grounds, or if the suit of the plaintiff is dismissed, or judg- ment is given against him by default or otherwise, and it shall appear to the Court that there was no probable ground for instituting the suit, the Court may award against the plaintiff such amount, not exceeding the sum of one thousand dollars, as it may deem a reasonable compensation for the expense or injury occasioned by the issue of the warrant, and such compensation shall be paid to such parties as the Court shall direct : Provided that the Court shall not award a larger amount of compensation Limit thereof, under this section than it is competent to such Court to decree in an action for damages. An award of compensation under this section shall bar any

suit for damages in respect of such detention of a ship.

3. The Court may at any time release a ship detained under this Release of ship. section upon such terms as it shall deem reasonable.

CHAPTER III. Relief from ADVERSE CLAIMS -DEATH, MARRIAGE, Interpleader.

OR BANKRUPTCY OF PARTIES. Relief from Adverse Claims.

　　　　　　XX. Upon application made on behalf of any defendant, and sup- ported by affidavit slowing that such defendant does not claim any interest in the subject matter of the suit, but that the right thereto is claimed, or supposed to belong to some other party who has sued or is expected to sue for the same, and that such defendant does not in any manner collude with such other party, but is ready to bring into Court, or to pay or dis- pose of the subject matter of the suit in such manner as the Court or any judge thereof may direct, it shall be lawful for the Court in all suits or proceedings whatsoever, and although the titles of the claimants have not a common origin, but are advers to and independent of one another, to make rules and orders calling upon such other party to appear and to state the nature and particulars of his claim, and maintain or relinquish the same, and if he maintains it, to make himself defendant in the same suit;

When Buit not abuted.

When Cause of Astion survives.

When Cause of Action secraps to

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CODE OF CIVIL PROCEDURE-HONG KONG.

or with the consent of the plaintiff and such other party, dispose of the question between them in a summary manner. The sheriff may obtain relief under this section if the adverse claimants have given him notice of their claims, though none of them may have commenced proceedings.

Death of Parties.

　　XXI.-The death of a plaintiff or defendant shall not cause the suit to abate if the cause of action survive.

　　2.- If there be two or more plaintiffs or defendants and one of them die, and if the cause of action survive to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, and against the surviving defendant or defendants.

3.-If there be two or more plaintiffs, and one of them die, and if the cause of action shall not survive to the surviving plaintiff or plaintiffs Survivors, &c. alone, but shall survive to them and the legal representative of the deceased plaintiff jointly, the Court may, on the application of the legal representa- tive of deceased plaintiff, enter the name of such representative in the register of the suit in the place of such deceased plaintiff and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, and such legal representative of the deceased plaintiff. If no application shall be made to the Court by any person claiming to be the legal representative of the deceased plaintiff, the suit shall proceed at the instance of the sur- viving plaintiff or plaintiffs; and the legal representative of the deceased plaintiff shall be interested in and shall be bound by the judgment given in the suit, in the same manner as if the suit had proceeded at his instance conjointly with the surviving plaintiff or plaintiffs.

　　　　　　　　　　　Death of sule ez surviving Plaintiff.

　　　　　　　　Dispute as to legal Re- presentative.

Death of one

of a veral Defendants or of a sole or

surviving Defendant,

•

　　4. In case of the death of a sole plaintiff, or sole surviving plaintiff, the Court may, on the application of the legal representative of such plaintiff, enter the name of such representative in the place of such plaintiff in the register of the suit, and the suit shall thereupon proceed; if no such application shall be made to the Court within what it may consider a reasonable time by any person claiming to be the legal representative of the deceased sole plaintiff or sole surviving plaintiff, it shall be competent to the Court to make an order that the suit shall abate, and to award to the defendant the reasonable costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased sole plaintiff or surviving plaintiff; or the Court may, if it think proper, on the application of the defendant, and upon such terms as to costs as may seem fit, make such other order for bringing in the legal representative of the deceased sole plaintiff or surviving plaintiff, and for proceeding with the suit in order to a final determination of the matters in dispute, as may appear just and proper in the circumstance of the case.

5.-If any dispute arise as to who is the legal representative of a deceased plaintiff, it shall be competent to the Court either to stay the suit until the fact has been duly determined in another suit, or to decide at or before the hearing of the suit who shall be admitted to be legal representative for the purpose of prosecuting the suit.

6.-If there be two or more defendants, and one of them die, and the cause of action shall not survive against the surviving defendant or defendants alone, and also in case of the death of a sole defendant, or sole surviving defendant, where the action survives, the plaintiff may make an application to the Court, specifying the name, description, and place of abode of any person whom the plaintiff alleges to be tho legal representa- tive of such defendant, and whom he desires to be made the defendant in his stead; and the Court shall thereupon enter the name of such repre- sentative in the register of the suit in the place of such defendant, and shall issue an order to him to appear on a day to be therein mentioned to

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defend the suit; and the case shall thereupon proceed in the same manner as if such representative had originally been made a defendant, and had been a party to the former proceedings in the suit.

Marriage of Parties.

　　　　　XXII. The marriage of a female plaintiff, or defendant, shall not when not to cause the suit. to abate, but the suit may notwithstanding be proceeded abate the Suit, with to judgment, and the decree thereupon may be executed upon the wife alone; and if the case is one in which the husband is by law liable for the debts of his wife, the decree may, by leave of the Court, be executed against the husband also; and in case of judgment for the wife, execution of the decree may, by leave of the Court, be issued upon the application of the husband, where the husband is by law entitled to the money or thing which may be the subject of the decree.

Bankruptcy of Parties.

abate the SmiL

　　　　　XXIII. The bankruptcy of the plaintiff in any suit which the Whan not to assignee might maintain for the benefit of the creditors, shall not be a valid objection to the continuance of such suit, unless the assignee shall decline to continue the suit and to give security for the costs thereof within such reasonable time as the Court may order; if the assignee neglect or refuse to continue the suit, and to give such security within the time limited by the order, the defendant may, within eight days after such neglect or refusal, plead the bankruptcy of the plaintiff as a reason for abating the suit.

CHAPTER IV. THE PETITION. Form and Contents.

with Writ of

　　　　　　XXIV. After the appearance of the defendant to the suit, or in case To correspons) of non-appearance, then, by leave of the Court, the plaintiff may file in the summons. Supreme Court a petition which shall contain the names, description, and place of abode of the plaintiff and of the defendant, so far as they can be ascertained, and shall correspond in those particulars with the writ of

summons.

and dividedî nte

　　　　　　2. The petition shall then set out by way of narrative the material To be in nar- facts, matters, and circumstances on which the plaintiff relies, such narrative divor being divided into paragraphs numbered consecutively, and each paragraph Paragraphs containing, as nearly as may be, a separate and distinct statement or allegation. The petition shall pray specially for the relief to which the plaintiff may conceive himself entitled, and also for general relief

　　　　　　3.-The petition must be as brief as may be consistent with a clear Nature of statement of the facts on which the prayer is sought to be supported, and Claim set up. with information to the defendant of the nature of the claim set up.

how to be sek

　　　　　　4.-Documents must not be unnecessarily set out in the petition in Documents hæc verba, but so much only of them as is pertinent and material may be out. set out, or the effect and substance of so much only of them as is pertinent and material may be given, without needless prolixity.

Dates and

Sums.

5.-Dates and sums shall be expressed in figures and not in words. 6. The petition may not contain any statement of the mere evidence Not to contais. by which the facts alleged are intended to be proved, and may not contain Evidence or any argument of law.

Argument.

to be briefly

　　　　　　7.--The facts material to the establishment of the plaintiff's right to Material Facts recover shall be alleged positively, briefly, and as clearly as may be, 80 as and clearly to enable the defendant by his answer either to admit or deny any one or set out. more of the material allegations, or else to admit the truth of any or all of the allegations, but set forth some other substantive matter in his answer, by reason of which he intends to contend that the right of the plaintiff to recover, or to any relief capable of being granted on the petition, has not yet accrued, or is released or barred or otherwise gone.

Counsel's Signature.

Verification of Petition.

Schedule of Particulars.

　　　　　　　Application tor further Particulars

Bffect thereof.

Amendment

thereof before

Trial

Amendment thereof at Trial.

Limit of Time

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CODE OF CIVIL PROCEDURE-HONGKONG.

8. Subject to any general rule or order elating thereto, the petition must be signed by the plaintiff or his counsel in all cases unless the plaintiff obtain the leave of the Court to dispense with such signature.

9.-The Court may, where the cir umstances of the case appear to require it, order the plaintiff to verify his petition, or any part thereof, on oath or by affidavit.

Particulars of Demand.

XXV. Where the plaintiff's claim is for money payable in respect of any contract, express or implied, or to recover the possession or the value of any goods wrongfully taken and detained, or wrongfully detained by the defendant from the plaintiff, it shall be sufficient for the plaintiff to state his claim in the petition in a general form, and to annex to the petition a schedule stating the particulars of his demand in any form which shall give the defendant reasonably sufficient information as to the details of the claim. 2.-An application for further or better particulars may be made by the defendant before answer, on summons.

　　3. The plaintiff shall not at any hearing obtain a judgment for any sum exceeding that stated in the particulars, except for consequent interest and the costs of suit, notwithstanding that the sum claimed in the petition for debt or damages exceeds the sum stated in the particulars.

　　4.-Particulars of demand shall not be amended except by leave of the Court; and the Court may, on any application for lave to amend, grant the same on its appearing that the defendant will not be prejudiced. by the amendment. Otherwise the Court may refuse leave, or grant the same on such terms as to notice, postponement of trial, or costs, as justice requires.

5.-Any variance between the items contained in the particulars and the items proved at the hearing may be amended at the hearing either at once or on such terms as to notice, adjournment, or costs as justice requires. 6.--Where particulars are amended by leave of the Court, or where for amendment. further or better particulars are ordered to be given, the order shall state the time within which the amendment is to be made, or the further or better particulars are to be given; and the order for the amendment or further or better particulars shall state the time which the defendant is to have to put in his answer.

In what Cases.

Copies.

Offer to allow Inspection.

May be granted shough not

tpecifically

asked.

Papers Annexed.

　　XXVI.-Where the plaintiff seeks (in addition to or without any order for the payment of money by the defendant) to obtain, as against any person, any general or special declaration by the Court of his rights under any contract or instrument, or to set aside any contract, or to have any bond, bill, note, or instrument in writing delivered up to be cancelled, or to restrain any defendant by injunction, or to have any account taken between himself and any other or others, and in such other cases as the nature of the circumstances makes it necessary or expedient, the plaintiff in his petition may refer to and briefly describe any papers or documents on the contents of which he intends to rely, and may annex copies of such papers or documents to the petition, where such papers or documents are brief, or may state any reason for not annexing copies of such papers or documents, or any of them respectively (as, their length, possession of copies by the defendant, loss, inability to procure copies), that he may have to allege. The plaintiff shall, in his petition, offer to allow the defendant to inspect such papers and documents as aforesaid, or such of them as are in his possession or power.

Equitable Relief and Defence.

　　XXVII.-Every petition is to be taken to imply an offer to do equity in the matter of the suit and to admit of any equitable defence, and, on the other band, to enable the plaintiff to obtain at the hearing any such

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119

equitable relief as he may appear entitled to from the facts stated and proved, though not specifically asked, if it may be granted without hardship to the defendant.

Parties.

character in

　　　　　　　XXVIII.-Persons entitled to sue and suing on behalf of others, as Must state guardians, executors, or administrators, or on behalf of themselves and which they sue. others as creditors in a suit for administration, must state the characters in which they sue.

　　　　　　　2.--All persons having a joint cause of suit against any defendant Joint cause ought ordinarily to be parties to the suit.

of Suit.

several

　　　　　　3. Where the plaintiff has a joint and several demand against seve- Joint and ral persons, either as principals or as securities, it shall not be necessary Demand. for him to bring before the Court as parties to a suit concerning such demand all the persons liable thereto, but he may proceed against one or more of the persons severally liable.

　　　　　　4.-If it appear to the Court, at or before the hearing of a suit, that Persons not all the persons who may be entitled to, or who claim some share or inte- before the

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Court may be rest in the subject matter of the suit, and who may be likely to be affected made Parties. by the result, have not been made parties to the suit, the Court may adjourn the hearing of the suit to a future day to be fixed by the Court, and direct that such persons shall be made either plaintiffs or defendants in the suit, as the case may be, In such case, the Court shall issue a

notice to such persons in the manner provided in the code for the service Notice to suck of a writ of summons on a defendant, and on proof of due service of such Persons. notice, the person so served, whether he shall have appeared or not, shall be bound by all proceedings in the cause.

Suit in one

　　　　　　5.-In case a petition states two or more distinct causes of suit, by Distinct and against the same parties, and in the same rights, the Court may, either Causes of before or at the hearing, if it appears inexpedient to try the different Petition. causes of suit together, order that different records be made up, and make such order as to adjournment and costs as justice requires.

Suits,

　　　　　　　6.-In case a petition states two or more distinct causes of suit, but Misjɔinder of not by and against the same parties, or by and against the same parties but not in the same rights, the petition may, on the application of any defendant, be amended or dismissed.

has appeared,

XXIX. As soon as practicable after the filing of the petition, the where plaintiff shall cause a copy thereof under the seal of the Court to be served Defendant upon every defendant to the suit, and such copy shall contain a memo- randum endorsed thereon requiring the defendant to file an answer to the petition within ten days from the day of such service, or in cases of service out of the jurisdiction, within such time as the Court shall have ordered. Provided always that no such service of the petition shall be required to be made upon any defendant who has failed to enter an appearance and Where as against whom the plaintiff bas obtained the leave of the Court to pro- tepented. ceed with his suit ex parte.

Detendant has

2.-Where service of the writ of summons is directed to be made out Where service

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　made out of of the jurisdiction, the Court may order that the petition be filed forth- Jurisdiction. with, and that a copy thereof under the scal of the Court be served upon the defendant concurrently with the writ.

Stayiny Proceedings for Defect in Petition.

of Defendant.

XXX.-Where a petition is defective on the face of it by reason of On Application non-compliance with any provision of the code, the Court may, either on application by a defendant or of its own motion, make an order to stay proceedings until the defect is remedied.

2.-The Court may, of its own motion, make an order to stay pro- Where Defect ceedings on a defective petition, where the defect is patent and comes to is patent. the knowledge of the Court before service of the petition on the defendant.

Demurrer.

For insufficient Particulars.

Documents referred to,

Conta

Libellous or

Tensive Expressions.

Amendment

120

CODE OF CIVIL PROCEDURE-HONGKONG.

Dismissal of Petition on Ground of Law.

　XXXI. Where a defendant conc ives that he has a good legal or equitable defence to the petition, so that even if the allegations of fact in the petition were admittel or clearly established, yet the plaintiff would not be entitled to any decree against him (the defendant), he may raise this defence by a motion that the petition be dismissed without any answer being required from him.

Amendment of Petition.

　XXXII.-Any plaintiff not giving sufficient information to enable the defendant reasonably to understand the nature and particulars of the claim set up against him, may be ordered, on the application of the defen- dant before answer, to amend his petition.

　2. --The plaintiff may be ordered to annex copies of, or produce for inspection, such papers or documents in his possession or power as he has referred to in the petition, and as the defendant is entitled to inspect for the purposes of the suit.

3.-The Court may, in such cases, make such order as to costs as justice requires, and stay procedings until the order is complied with.

　4.-If any petition contains libellous or needlessly offensive expres. sions, the Court may, either of its own motion before service thereof or on application of the defendant, order the petition to be amended, and make such order as to costs as justice requires.

　　　　　　　　　　　　5.- A petition may be amended at any time before answer by leave before Answer. of the Court obtained ex parte.

Matice thereof,

Time within which to be

led.

　　　　　　　Application for farther Time,

Xect of

Defedant not answering

Lease to unswer after Tim allowed.

When granted er parte

When

　　　　　　　　　　　　　　mmm required.

6.- Notice of the amendment shall be given to the defendant within such time and in such manner as the Court directs.

CHAPTER V. THE ANSWER-REPLICATION-INTERROGATORIES

SETTLEMENT OF ISSUES.

Form and Contents.

XXXIII.-Unless an answer shall be dispensed with by leave of the Court, or by consent of parties, or in certain cases by any general rule or order of Court, the defendant mus file in the Court an answer to the petition within ten days from the date of the service thereof, or in cases of service out of the jurisdiction within such time as the Court shall have ordered: Provided always that he may obtain further time to answer, on summons, stating the further time required and the reason why it is required.

　2.-The application when made, unless consented to, must be sup- ported by affidavit, or, if the Court in its discretion shall permit, by oral evidence on oathi, showing that there is reasonable ground for the appli tion and that it is not made for the purpose of delay.

3.-Where a defendant does not put in any answer (or such answer is dispensed with in manner aforesaid), he shall not be taken as admitting the allegations of the petition, or the plaintiff's right to the relief sought; and at the hearing (even though such defendant does not appear) the plaintiff must open his case, and adduce evidence in support of it, and take such judgment as to the Court appears just.

　4.A defendant neglecting to put in an answer within the time or further time allowed, shall not be at liberty to put in an answer without leave of the Court, or consent of parties.

　5. The Court may grant such leave by order on the ex parte ap- plication of the defendant at any time before the plaintiff has set down the cause, or applied to have it set down, for hearing.

6.-Where the cause has been set down, or the plaintiff has applied to have it set down for hearing, the Court shall not grant such leave except on return of a summons to the plaintiff giving notice of defendant's application, and on such terms as to costs and other matters as seem just.

CODE OF CIVIL PROCEDURE-HONGKONG,

121

Answer should'

　　　　　　　　7. The answer shall show the nature of the defendant's defence to What the the claim set up by the petition, but may not set forth the evidence by set forth. which such defence is intended to be supported.

precise and relevant

　　　　　　8.-It shall be clear and precise, and not introduce matters irrele. Should be vant to the suit, and the rulos b fore laid down respecting the setting out of the documents and the contents of the petition generally shall be ob- served in the answer mutatis mutandis.

　　　　　　9.---It must deny all such material allegations in the petitions as the Denial of defendant intends to deny at the hearing.

Allegations.

must answOK

10. When the answer denies an allegation of fact it must deny Denial of Fact directly as (for example) where it is alleged that the defendant has received

point of Substance a sum of money, the answer mu-t deny that he has received that sun, or any part thereof, or else set forth what part he has received. And so, where a matter of fact is alleged in the petition, with certain circumstances, the answer must not deny it literally as it is alleged, but must answer the point of substance positively and certainly.

Effects theroof

as to Costs.

　　　　　　11.-The answer must specifically admit such material allegations in Admissions the petition as the defendant knows to be true, or desires to be taken as admitted. Such admission, if plain and specific, will prevent the plaintiff from obtaining the costs of proving at the hearing any matters of fact so admitted.

not admitted.

　　　　　　12.-All material allegations of fact admitted by a defendant shall be Proof of Facts taken as established against him without proof thereof by the plaintiff at the hearing. But the plaintiff shall be bound to prove as against each defendant all allegations of fact not admitted by him, or not stated by him to be true to his belief.

new Facts in

　　　　　　13.-The answer must allege any matter of fact not stated in the Allegation of petition on which the defendant relies in defence, as establish ng, for Defence. instance, fraud on the part of the plaintiff, or showing that the plaintiff's right to recover, or to any relief capable of being granted on the petition, has not yet accrued, or is released, or barred, or otherwise gone.

denial of Allegation, or in support of Defence

　　　　　　　14.-The answer of a defendant shall not debar him at the hearing Evidence in from disproving any allegation of the petition admitted by his answer or from giving evidence in support of a defence not expressly set up by the answer except where the defence is such as, in the opinion of the Court, not set up in. ought to have been expressly set up by the answer, or is inconsistent with Pleadings. the statements of the answer, or is, in the opinion of the Court, likely to take the plaintiff by surprise, and to raise a fresh issue or fresh issues of fact or law not fairly arising out of the pleadings as they stand, and such as the plaintiff ought not to he then called upon to try.

Counsel.

　　　　　　15.-Subject to any general rule or older relating thereto, the answer Signature of must be signed by the defendant or his counsel, unless the defendant obtain the leave of the Court to dispense with such signature.

Answer.

　　　　　　16.-The Court may, where the circumstances of the case appear to Verification de require it, order the defendant to verify his answer, or any part thereof, on oath or by affidavit.

Tender.

XXXIV. -A defence alleging t nder by the defendant must be accom- Payment into. panied by payment into Court of the amount alleged to have been tendered.

Payment into Court.

Court.

be filed with,

　　　　　　XXXV.-Payment into Court by the defendant must be accompanied Answer mus by an answer. The answer must sta e distinctly that the money paid in is paid in satisfaction of the p'a ntiff's clim generally, or (as the case may e), in satisfaction of som specific art of the plaintiff's claim, where the claim is stated in the petition for distine sums or u respect of distinct matters.

　　　　　　2. Payment it to Court, whether made in satis:action of the plaintiff's How far claim generally or in satisfaction of some specific part thereof, operates as claim.

Admission of

　　　　　　　Acceptance thereof by Plaintiff.

　　　　　　　Non-aceeptance 1hereof.

Particulars. [8ee post s. 67. par. 8.1

　　　　　　Payment into Court.

Costa.

Cross-action.

Leave to file Cross-petition in same Suit,

Security.

Summons to compel.

Nature of such Auswer,

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CODE OF CIVIL PROCEDURE-HONGKONG.

an admission of liability to the extent of the amount paid in and no more, and for no other purpose.

　3. Where the defendant pays money into Court, the plaintiff shall be at liberty accept the same in full satisfaction and discharge of the cause of suit in respect of which it is paid in: and in that case, the plaintiff may forthwith apply by summons for payment of the money out of the Court to him; and on the hearing of the summons, the Court shall make such order as to stay of further proceedings in the suit, in whole or in part, and as to costs and other matters, as seems just.

　4.-If the plaintiff does not so apply, he shall be considered as insisting that he has sustained damages to a greater amount, or (as the case may be), that the defendant was and is indebted to him in a greater amount than the sum paid in; and in that case the Court, in determining the suit and disposing of costs at the hearing, shall have regard to the fact of the payment into Court having been made and not accepted.

Set-off.

　XXXVI. --A defence of set-off to claim for money, whether in debt or in damages, must be accompanied by a statement of the particulars of the set-off; and if pleaded as a sole defence, unless extending to the whole amount of the plaintiff's claim, must also be accompanied by payment into Court of the amount to which, on the defendant's showing, the plaintiff is entitled; and in default of such payment, the defendant shall be liable to bear the costs of the suit, even if he succeeds in his defence to the extent of the set-off pleaded.

　2.- Where a defendant in his answer raises a defence by way of set-off which, in the opinion of the Court, is not admissible as set-off, the Court may either before or at the hearing, on his application, give him liberty to withdraw such defence, and to file a cross-petition, and may make such order for hearing of the suit and cross-suit, together or otherwise, on such terms as to costs and other matters as seem just.

Counter Claim.

XXXVII.-Where a defendant in his answer raises any specific defence, and it appears to the Court that on such defence being established he may be entitled to relief against the plaintiff in respect of the subject matter of the suit, the Court may on the application of the defendant, either before or at the hearing if under the circumstances of any case it thinks fit, give liberty to him to file a counter-claim by a cross-petition in the same suit, asking for relief against the plaintiff, and may make such order for the hearing of the suit and counter-claim, together, or otherwise, and in such manner and on such terms as to costs and other matters as seem just, and may, if in any case it seems fit, require the plaintiff to give security to the satisfaction of the Court (by deposit or otherwise) to abide by and perform the decision of the Court on the counter-claim.

Specific Answer.

XXXVIII.-Where the defendant does not answer (an answer not being dispensed with in manner aforesaid), or puts in an answer amount- ing only to a general denial of the plaintiff's claim, the plaintiff may apply by summons for an order to empel him to answer specifically to the several material allegations in the petition, and the Court, if such allega- tions are briefly, positively, separately, and distinctly made, and it thinks that justice so requires, may grant such an order.

　2.-The defendant shall, within the time limited by such order, put in his answer accordingly, and shall therein answer the several in terial allega- tions in the petition, either admitting or denying the truth of such allegations seriatim, as the truth or falsehood of each is within his knowledge, or (as the case may be), stating as to any one o: more of the allegations that he does not know whether such allegation or allegations is or are true or otherwise.

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3.-The defendant so answering may also set up by such answer any Further defence to the suit, and may explain away the effect of any admission Defence. therein made by any other allegation of facts.

Replication.

XXXIX.-No replication or other pleading after answer shall be By leave of allowed, except by special leave of the Court.

the Court.

Petition after

2. Where the plaintiff considers the contents of the answer to be Amendment of such as to render aù amendment of the petition necessary or desirable, Answer. he may obtain ex parte an order to amend the petition, on satisfying the Court that the amendment is not intended for the purpose of delay or vexation, but because it is considered to be material for the plaintiff's case.

　　　　　　3.-Notice of the amendment shall be given to the defendant within Notice thereof. such time and in such manner as the Court in each case directs.

Settlement of Issues.

Hearing.

　　　　　　XL.-At any time before or at the hearing, the Court may, if it At, or before thinks fit, on the application of any party, or of its own motion, proceed to ascertain and determine what are the material questions in controversy between the parties, although the same are not distinctly or properly raised by the pleadings, and may reduce such questions into writing and settle them in the form of issues; which issues, when settled, may state questions of law on admitted facts, or questions of disputed fact, or ques- tions partly of the one kind and partly of the other.

2.-In settling issues, the Court may order or allow the striking out Amendment of or amendment of any pleading, or part of the pleading, so that the pleadings Pleadings in

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　framing Issues. may finally correspond with the issues settled, and may order or allow the striking out or amendment of any pleading, or part of a pleading, that appears to be so framed as to prejudice, cinbarrass, or delay the trial of the cause.

3.- Where the application to the Court to settle issues is made at any How Application stage of the proceedings at which all parties are actually present before to he made. the Court, either in person or by counsel or attorney, or at the hearing, the application may be made vivâ voce, and may be disposed of at once, other- wise the application must be made and disposed of on summons.

It shall

　　　　　be in the discretion of the Court to direct which issues shall be first dis- posed of.

additional

4.-At any time before the decision of the case, the Court may amend Amended or the issues or frame additional issues on such terms as to it shall seem fit, Issues. and all such amendments as may be necessary for the purpose of determin- ing the real question or controversy between the parties shall be so made.

Interrogatories-Discovery-Unwilling Witness.

written Inter-

　　　　　　XLI. In all suits, the plaintiff and the defendant, or either of them, Power to deliver may, by order of the Court, deliver to the opposite party or his attorney rogatorion to (provided such party, if not a body corporate, would be liable to be called opposite Party. and examined as a witness upon such matter), interrogatories in writing upon any matter as to which discovery may be sought, and require such party, or in the case of a body corporate, any of the officers of such body corporate, within ten days to answer the questions in writing by affidavit, to be sworn and filed in the ordinary way; and any party or officer omitting, without just cause, sufficiently to answer all questions as to which a dis- covery may be sought within the above 'ime, or such extended time as the Court shall allow, shall be deemed to have committed a contempt of the Court, and shall be liable to be proceeded against accordingly.

2.-The application for such order shall be made upon an affidavit of the party proposing to interrogate, and his attorney or agent, or, in the case of a body corporate, of their attorney or agent, stating that the deponent believes that the party proposing to interrogate, whether plaintiff or defendant, will derive material benefit in the cause from the discovery

Affidavit by Party propos ing to interro- gate and his

Attorney.

Oral Examina- tion of Parties, when to be allowed.

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CODE OF CIVIL PROCEDURE-HONGKONG.

which he seeks, that there is a good cause of action or defence

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　upon the merits, and if the application be made on the part of the defendant, that the discovery is not sought for the purpose of delay: Provided that where it shall happen, from unavoidable circumstances, that the plaintiff or defendant cannot join in such affidavit, the Court may, if it think fit upon affidavit of such circumstances by which the party is prevented from so joining therein, allow and order that the interrogatories may be delivered without such affidavit.

3.-In case of omission, without just cause, to answer sufficiently such written interrogatories it shall be lawful for the Court, at its discretion, to direct an oral examination of the interrogated party, as to such point as they or he may direct, before the Court or Registrar; and the Court may, by such order, or any subsequent order, command the attendance of such party before the person appointed to take such examination, for the purpose of being orally examined as aforesaid, or the production of any writings or other documents to be mentioned in such order, and may imp se therein such terms as to such examination, and the cost of the application and of the proceedings thereon, and otherwise, a to such Court shall seem just. 4.-The Court may, on the application of the party interrogated, nterrogatories. strike out or permit to be amended any interrogatory which in the opinion

of the Court, may be exceptionable.

Exceptions to

Examination -of Person who

　　　　　　　　　refuses to make * Affidavit.

Discovery of Documents.

Evidence at he Hearing.

When to be made.

　　　　　　　　　How to be made.

Whether in

　　　　　　　　　Court or Chan.lers.

　5.-Any party to a suit, or other civil proceedings, requiring the affidavit of a person who refuses to make an affidavit, may apply by sum- mous for an order to such person to appear and be examined upon oath before the Court or Registrar, to whom it may be most convenient to refer such examination, as to the matters concerning which he has refused to make an affidavit: and the Court may, if it think fit, make such order for the attendance of such person before the person therein appointed to take such examination, for the purpose of being examined as aforesaid, and for the production of any writings or documents to be mentioned in such order, and may thereupon impose such terms as to such examination, and the costs of the application and proceedings therein, as it shall think just.

6. Upon the application of either party to any suit or other civil proceeding upon an affidavit of such party of his belief that any document, to the production of which he is entitled for the purpose of discovery or otherwise, is in the possession or power of the opposite party, it shall be lawful for the Court to order that the party against whom such application is made, or if such party is a body corporate that some officer to be named of such body corporate, shall answer on affidavit, stating what documents he or they has or have in his or their pos ession or power relating to the matters in dispute, or what he knows as to the custody they or any of them are in, and whether he or they objects or object (and if son what grounds) to the production of such as are in his or their posses ion or power; and upon such affidavit being made, the Court may make such further order thereon as shall be just.

7.--All such interrogatories, answers, depositions, an affidavits as aforesaid, stall be file in Court in the suit or other civil roc eding, and the evidence so taken may be used at the hearig thereof, saving just exc. ptions.

CHAPTER VI.-InterlocUTORY PROCEEDINGS.

Motion and Summons.

XLII.-Interlocutory applications may be made at any stage of a suit

or proceeding.

　2.-They shall be made either by motion in Court or by summons in Chambers, and shall b hea ed in the suit or o her proceeding.

　3.-Subject to any general orders, the Court shall, in each case, decide whether the application is a proper one to be made by motion in Court, or

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by summons in Chambers, and may, at or before the hearing, if it shall think fit, remove the same into Court or into Chambers, as the case may be.

Motion.

　　　　　XLIII.---No motion shall be entertained until the party moving has Motion-paper filed in the Court a writt n motion-paper, distinctly stating the terms of the order sought.

2.-The motion may in its terms ask for an order directing more than Form of. one thing to be done, and may also be in an alternative form asking that one or another order be made, so only that the whole o der sought be therein substantially expressed.

3. If the motion-paper contains any matter by way of argument, or Amendment of other matter except the proper particulars of the motion itself, the Court by Court. may dir ct the motion-paper to be amended, and make no order thereon, until it is amended accordingly by the striking out of such argument or

other matter.

4.-There shall be filed with the motion-paper all affidavits on which affidavits. the person moving intends to rely.

　　　　　　5.--No other evidence can be used in support of the motion, except by Other Evidence, leave of the Court.

6. The person filing the motion-paper may move the Court, in cases Care of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Urgency. of urgency, at any time while the Court is sitting, and not engaged in hearing any other matter.

　　　　　　7.-All motions shall be made ex parte in the first instance, unless When to be the Court gives leave to give a notice of motion for a certain day.

ex porte.

　　　　　　8.-On a motion ex parte, the party moving shall apply for either an Order thereon. immediate absolute order of the Court in the terms of the motion-paper on his own showing and evidence, or an order to the other party to appear, on a certain day, and show cause why an order should not be male in the terms of the motion-paper.

　　　　　　9. Any party moving in Court ex parte may support his motion by Argument in argument addressed to the Court on the facts put in evidence by the apport. affidavits filed in support of the motion; and no party to the suit or pro- ceeding, although present, other than the party moving, shall, unless by leave of the Court, be entitled to be then heard.

10.-On a motion coming on, the Court may allow the motion-paper to Argument be amended, and additional evidence to be produced by affidavit or declara- and additional tion, or may direct the motion to stand over.

Evidence.

other than

　　　　　　11. If it appears to the Court on the evidence adduced in support of Court my the motion, or on any additional evidence which the Court permits to he make Order adduced in support thereof, that the party moving is entitled to an order asked for. absolute, or to show cause different from the order asked, and the party moving is wil ing to take such different order, the Court may so order accordingly.

Order

12. Where an order is made on a motion ex parte, any party affected May vary or by it may, within seven da s after service of it, or within such further time

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　discharge as the Court shall allow, apply to the Court by motion to vary or discharge it; and the Court on notice to the party obtaining the order, either may refuse to vary or discharge it, or my vary or discharge it withr wi hout imposing terms as to costs or security, or other things, as seems just.

rder to show Cause.

XLIV -An order to show cause shall specify a day when cause is to Return-day. be shown, to be called the return- av to the order, which shall ordinarily be not less than four days after service.

　　　　　　2.--A person served with an order to show cause may, before the Counter return-day, file affidavits to contradict the evilence used in obtaining the Affidavits, order, or set ing forth other facts on which he relies, to induce the Court to discharge such order.

　　　　　　Enlargement of Time and further Fervice.

　　　　　　　Appearance or Proof of Service.

General Powers of Court,

Application to Registrar.

Contents thereof.

Issue of Summcm2.

Proceedings on Return.day.

Note of Bvidence.

Adjournment

Private Hearing.

By Affidavit in general.

Notice to Parties inte- tested.

Bvidence, how taken.

In what Cases.

Efect and Naforcement of Order.

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　3. On the return-day, if the person served do not appear in person or by counsel or attorney, and it appears to the Court that the service on all proper parties has not been duly effected, the Court may enlarge the time, and direct further service, or make such other order as seems just.

　4.If the person served appear, or the Court is satisfied that service on all proper parties has been duly effected, the Court may proceed with the matter.

　5.--The Court may either discharge the order or make the same absolute, adjourn the consideration thereof, or permit further affidavits to be filed in support of or against the order, and may modify the terms of the order so as to meet the merits of the case.

Summons.

　XLV. Every summons shall be issued out of the Registrar's Office, and, before it can be issued, an application for the same to the Registrar must be made in writing, and signed by the applicant or his attorney, and headed in the suit or other proceeding.

　2. The application for the summons shall distinctly set forth the nature of the particular application.

　3.-The Registrar may thereupon issue a summons setting forth the nature of the application, ordering the person to whom it is directed to appear at the time and place directed by the Registrar and specified on the summons.

　4.On the return-day of the summons, if the person to whom the summons is directed appears, or in his absence, on proof of service, the Court may, on the application of the person obtaining the summons, consider and deal with the application in a summary way.

　5.-The Court shall take a note of the material evidence, if taken vivá voce.

6. The Court may adjourn the hearing of any summons when

necessary.

　7. The Court may order any proceedings in Chambers to be heard* · in private.

Evidence in Interlocutory Proceedings.

　XLVI. The evidence at the hearing of any interlocutory or other application in a suit or matter, shall, as a general rule, be by affidavit, but the Court may, if it thinks it expedient, summon any person to attend to produce documents before it, or to be examined, or to be cross-examined vivû voce by or before it in like manner as at the hearing of a suit.

2.-Such notice as the Court in each case, according to the circum- stances, considers reasonable, shall be given to the person summoned, and to such persons (parties to the suit or proceeding otherwise interested) as the Court considers entitled to inspect the documents to be produced, or to examine the person summoned, or to be present at his examination, as the case may be.

3.-The evidence of a witness on any such examination shall be taken in like manner, as nearly as may be, as at the hearing of a suit.

Stay of Proceedings.

XLVII. No summons or notice of motion shall operate as stay of proceedings, except by direction of the Registrar endorsed thereon, and, in such case, it shall so operate from the time of the service thereof on the opposite party.

2. Every order made in Chambers shall have the same force and effect as an order of Court, and the Court sitting in Chambers shall have the same power to enforce, vary, or deal with any such order, by attachment or otherwise, as if sitting in Court.

CODE OF CIVIL PROCEDURE-HONGKONG.

PART II.

FROM THE HEARING OF A SUIT TO JUDGMENT AND DECREE.

CHAPTER VII.-PRELIMINARIES OF TRIAL.

Setting down of Cause for Hearing.

127

XLVIII. No cause shall be set down for hearing without an order Order must be of the Court first obtained on summors.

obtained.

2.-At the expiration of the time allowed for answering, and whether When Plaintif an answer shall have been filed or not, the Court may, on the application may apply. of the plaintiff, order the cause to be set down for hearing.

ant may apply.

3. An order to set down the cause may be made on the application When Defend of the defendant by summons, if it appears to the Court, having regard to the state of the pleadings, that the cause is ready to be heard, and that there has been delay on the part of the plaintiff in obtaining an order for setting down the cause, for which the plaintiff has no reasonable excuse (as the absence or illness of a material witness), and that the defendant is prejudiced, or may reasonably be expected to be prejudiced by such delay. Dismissal for Want of Prosecution.

Order.

　　　　　　XLIX. Where the plaintiff does not obtain an order for setting down Motion for the cause within one mouth from the time at which he might first apply for such an order, the d fendant may apply by motion for an order to dismiss the petition for want of prosecution.

thereon.

　　　　　　2.-On such application, the Court may, if it thinks fit, make an order Power of Court dismissing the petition, or make such other order, or impose such terms as the Court thinks reasonable.

Postponement of Hearing.

　　　　　　L.-The Court may, at any time, on a summons taken out by any In what Cases. party, postpone the hearing of a cause set down, on being satisfied by evidence on oath that the postponement will have the effect of better en suring the hearing and determination of the questions between the parties on the merits.

Witness.

　　　　　　2.--Where such an application is made on the ground of the absence Absence of of a witness, the Court shall require to be satisfied that his evidence is material, and that he is likely to return and give evidence within a reason- able time.

the Colony.

　　　　　　3.- Where such an application is made for the purpose of enabling Witness the party applying to obtain the evidence of a witness resident out of the resident out of jurisdiction, the Court shall require to be satisfied that the evidence of the witness is material, and that he is permanently residing out of the jurisdiction, or does not intend to come within the jurisdiction within a reasonable time..

Hearing List and Hearing Paper.

　　　　　　LI.-There shall be kept a general hearing list for causes, and a Cause List, hearing paper.

Hearing

　　　　　　2.- When a cause is set down for hearing it shall be placed in the Transfer to general hearing list, and shall be transferrel to the hearing-paper strictly Paper. in its turn and order, according as the general hearing list becomes exhausted.

　　　　　　3. The regular order shall in no case be departed from without special Order of direction.

Cause.

Parties.

4.- When a cause is about to be transferred from the general hearing Notice to list to the hearing paper, notice shall be served on the parties, and unless the Court in any particular case direct otherwise, ten days shall be allowed between service of such notice and the day of hearing.

out of Turn.

　　　　　　5. When any cause or matter has been specially directed by the Court Causes sakon to be heard on a particular day, or out of its ordinary turn, the name of

AdjourLment of Ususe.

On fired days,

Or other Days.

Power to exclude the Public.

Order of Businesa.

Delivery of Judgments.

Ma parte Motions, &c.

Opposed Motions, &c..

Trial of Causes.

　　　　　　By Judge, or by Full Court, with or without Jury.

　　　　　　　To be deter- mined on Summons.

Order thereon.

Power of Court to order Jury At any Time.

　　　　　　Inspection by Jury, by

Parties, or by Witnesses.

kule or Order

Jury.

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CODE OF CIVIL PROCEDURE-HONGKONG.

the cause or matter shall be placed in the hearing paper with the words "by order" subjoined.

　6. In the case of any adjournment of the hearing from the day appointed in the hearing paper by reason of the preceding causes in the hearing paper not having been got through, or under any order of the Court made during the sitting on that day, no further notice to either party of the adjournment day shall be requisite, unless otherwise ordered by the Court.

Sittings of Court.

　LII.-The sittings of Court for the hearing of causes shall be, where the amount of the business so warrants, held on fixed and stated days.

　2. The Court may, at its discretion, appoint any other day or days, from time to time, for the hearing of causes, as circumstances require.

　3.-The sittings of Court for the hearing of causes shall ordinarily be public; but the Court may hear any particular cause or matter in the presence only of the parties and their legal advisers and the officers of the Court.

　4.-Subject to special arrangements, for any particular day, the business of the day shall be taken, as nearly as circumstances permit, in the following order :-

(a.) At the commencement of the sitting, judgments shall be

delivered in matters standing over for that purpose and · appearing for judgm, nt in the paper;

(b.) Ex parte motions or motions by consent shall next be taken, in the order in which the motion papers have been sent in; (c.) Opposed motions on notice, and arguments on showing cause against orders returnable on that day, shall then be taken, in the order in which these matters respectively stand in the hearing-paper;

(d.) The causes in the hearing-paper shall then be called on, in their order, unless the Court see fit to vary the order.

Mode of Trial-Juries.

　LIII. The trial of a suit may, according to circumstances, take place in either of the following modes-

(a.) By a Judge with or without a Jury.

(b.) By the Full Court with or without a Jury.

2.-The summons for seiting down the cause for hearing shall specify the mode of trial desired by the party making the application.

　3. The Court on the hearing of the summons shall make such order as to the mode of trial as it shall think fit: Provided always that if either party shall desire a trial by jury before one of the two judges he shall be entitled thereto as of right.

4.-If it shall appear expedient at the hearing of any cause before the Court without a jury that the cause should be tried with a jury, the Court may make such order for the trial of the cause with a jury, and for the adjournment thereof in the meanwhile, on such terms as to costs and otherwise as it shall deem reasonable.

5. Either party shall be at liberty to apply to the Court for an order for the inspection by the jury, or by himself, or by his witnesses, of any moveable or immoveable property, the inspection of which may be material to the proper determination of the question in dispute, and the Court may make such urder upon such terms as it may deem just.

6.-It shall be lawful for the Court to make such rules or orders upon Bar ummoning the Sheriff or other person as may be necessary to procure the attendance of a special or common jury for the trial of any cause or matter depending in the Court, at such time and place and in such manner as the Court may think fit.

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129

　　　　　　7. All the existing laws relating to juries shall be deemed to continue Existing Law.. in full force and effect so far as the same may not be inconsistent with any as to Juries. provision of this code.

CHAPTER VIII. EVIDENCE AT THE HEARING. Existing Rules-New Provisions.

Evidence cons

　　　　　　　LIV. The existing rules of evidence shall continue in full force Rules of and effect so far as the same are not modified by any provisions of tinue in Force this code.

　　　　　　2. The Court shall have power, in its discretion, to permit that the Power to admit evidence in any case, or as to any particular matter, should be taken by Affidavits, affidavit, or that affidavits of any witnesses be read at the trial: Provided always that every witness making an affidavit so received shall be liable

to cross-examination in open Court, unless the Court shall direct the cross- Cross-examina examination to take place in any other manner.

tions thereon.

examination

3.-The Court may, in its discretion, if the interests of justice appear Where Cross- absolutely so to require, admit an affidavit in evidence, although it is not practicable. shown that the party against whom the affidavit is offered in evidence has had or will have no opportunity of cross-examining the person making the affidavit.

　　　　　　4.- No affidavit of any witness shall be read at the trial under the Order of Court provisions hereinbefore contained, except in pursuance of an order of Court to admit. obtained on summons before trial, unless the Court shall think fit under the circumstances otherwise to direct, upon such terms as seem just.

Witness.

　　　　　　5.-If the Court at any time think is necessary for the ends of justice Any Person to examine any person other than a party to the suit, and not named as a may be sum-

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　moned by the witness by a party to the suit, the Court may, of its own accord, cause Court as a such person to be summoned as a witness to give evidence, or to produce any document in his possession on a day to be appointed, and may examine such person as a witness.

6.-The following persons only shall be incompetent to testify :- Incompetency

(a.) Children under seven years of unless they shall

age,

from immature

appear Age,

capable of receiving just impressions of the facts respecting which they are examined and of relating them truly:-- (b.) Persons of unsound mind, who, at the time of their examina- Or Unsound. tion, appear incapable of receiving just impressions of the ness of Mind facts respecting which they are examined or of relating them truly; and no person who is known to be of unsound mind shall be liable to be summoned as a witness, without the

consent previously obtained of the Court or person before whom his attendance is required.

from answer-

7.--If a witness be asked any question relating to a matter not relevant Court may to the suit or proceeding, except in so far as it affects the credit of the releve Witne. witness by injuring his character, the Court shall decide whether or not ing certain the witness shall be compelled to answer it, and may, if it think fit, Questions the witness that he is not obliged to answer it.

warn

　　　　　　8.-No such question shall be asked, unless the person asking it has Reasonable reasonable grounds for believing that the imputation it conveys is well Grounds for founded.

auch Question

scandalous.

9.-The Court may forbid any questions or inquiries which it regards Questions in as indecent or scandalous, although such questions or inquiries may have decent and some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.

　　　　　10.-The Court shall forbid any question which appears to it to be Needlessly. intended to insult or annoy, or which, though proper it itself, appears to offensive. the Court needlessly offensive in form.

Entries in Books of Account.

Government Gazette.

Proclamations, Acts of State,

&c.

Books of

Bcience, Maps, Charts.

Foreign Law.

Public Maps.

In what Language.

How divided.

　　　　　　　　　　　　Facts known to Witness.

　　　　　　　　　　Information from others.

　　　　　　　　　　Erasures, In- terlineations,

&c.

　　　　　　　　　　Before whom to be sworn.

In Foreign Parts.

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CODE OF CIVIL PROCEDURE-HONGKONG.

Documentary Evidenoe.

LV.-Entries in books of account kept in the course of business with such a reasonable degree of regularity as shall be satisfactory to the Court, shall be admissible in evidence, whenever they refer to a matter into which the Court has to enquire, but shall not alone be sufficient evidence to charge any person with liability.

　　2.-The Hongkong Gazette anl any Government Gazette of any coun- try, colony, or dependency under the dominion of the British Crown, may be proved by the bare production thereof before the Court.

　　3. All proclamations, acts of state, whether legislative or executive, nominations, appointments, and other official communications of the Gov. ernment, appearing in any such Gazette, may be proved by the production of such Gazette, and shall be prima facie proof of any fact of a public nature which th y were intended to notify.

4. The Court may, on matters of public history, literature, science, or art, refer, for the purposes of evidence, to such published books, maps, or charts as the Court shall consider to be of authority on the subject to which they relate.

5.--Books print d or published under the authority of the govern- ment of a foreign country, and purporting to contain the statutes, code, or other written law of such country, and also printed and published books of reports of decisions of the courts of such country, and books proved to be commonly admitted in such courts as evidence of the law of such country, shall be admissible as evidence of the law of such foreign country.

6.-All maps made under the authority of any government, or of any public municipal body, and not made for the purpose of any litigated question, shall prima facie be deemed to be correct, and shall be admitted in evidence without further proof.

Affidavits.

LVI.--Every affidavit used in the Court must be in the English

language.

2.-It must be in the first person, and must be divided into paragraphs numbered corsecutively.

3.-Every affidavit used in the Court must contain only a statement of facts and circumstances as to which the witness swears, either on his own personal knowledge, or from information which he believes to be true. 4. Where the belief in the truth of the matter of fact sworu to arises from information received from another person, the name of such person must be stated.

5. Where there are many erasures, interlineations or alterations, so that the affidavit proposed to be sworn is illegible or difficult to read, or is, in the judgm nt of the officer before whom it is proposed to be sworn, so written as to give any facility for being added to, or

　　　　　　　　　　　　　　　　　　　　　　　　　　　in any way fraudulently altered, he may refuse to take the affidavit in its existing form, and may require it to be re-written in a clear and legible and unobjectionable manner.

6.-Any affidavit sworn before any judge, officer, or other person in the United Kingdom or in any British colony, possession, or settlement awhorized to take affi lavi's, or b fore any commissioner duly authorized by the Supreme Court to take affidavits in the United Kingdom or abroad, may

be used in the Cour in all cases where affidavits are admissible. 7.-An affidavit sworn in any foreign parts out of Her Majesty's dominions before a judge or magistrate, bei: g authenticated by the official seal of the court to which he is attached or by a public notary, or before a British minister, consul, vice-consul, or consular ag, nt, may be used in the Court in all cases where affidavits are admiss.ble.

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131

　　　　　　8.-The fact that an affidavit purports to have been sworn in man- Proof of Seat ner bereinbefore prescribed by paragraphs 6 and 7 shall be prima facie and Signature evidence of the seal or signature, as the case may be, of any such court, Judge, &o. judge, magistrate, or other officer or person therein mentioned appended

or subscribed to any such affidavit, and of the authority of such court, judge, magistrate, or other officer or person to administer oaths.

　　　　　9.-The Court may permit an affidavit to be used, notwithstanding When defective. it is defective in form according to these rules, if the Court is satisfied in Form. that it has been sworn before a person duly authorised.

10.-An affidavit shall not be admitted which is proved to have been Not to be sworn before a person on whose behalf the same is offered, or before his sworn before attorney, or before a partner or clerk of his attorney.

certain Persons.

　　　　　　11.-A defective or erroneous affidavit may be amended and re-sworn, Amendment and by special leave of the Court, on such terms as to time, costs, or otherwise re-swearing. as seem reasonable.

12.-Before an affidavit is used, the original must be filed in the Filing of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　original, Office Court; and the original, or an office copy thereof, shall alone be recognized copy. for any purpose in the Court.

Evidence de Bene Esse.

time any

dence

prepara. tory to Hearing.

the [See 19 & 20 Vio

LVII.-Where the circumstances of the case appear to the Court so Fica voce Evi- to require, the Court may take the evidence of witness at

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　any in the course of the proceedings in any suit or application before hearing of the suit or application, or may direct the Registrar to take c. 20-22 & 23 such evidence in like manner, and the evidence so taken may be used the hearing of the suit or application, saving just exceptions.

c. 113.-22 Vio.

at Vic c. 63 & 64, Vic. c. 1.]

2.--The evidence shall be taken, as nearly as may be, as evidence at the hearing of a suit, and then the note of the evidence shall be read over to the witness and tendered to him for signature; and if he refuse to sign it, the Court, or the Registrar, as the case may be, shall add a note of his refusal, and the evidence may be used as if he had signed it.

low to be

taken.

instituted.

　　　　　3. Evidence may be taken in like manner on the application of any Evidence person, before suit instituted, where it is shown to the satisfaction of the before Suit Court on oath that the person applying has good reason to apprehend that a suit will be instituted against him in the Court, and that some person, within the jurisdiction at the time of application, can give mate- rial evidence respecting the subject of the apprehened suit, but that he is about to leave the jurisdiction, or that from some other cause the per- son applying will lose the benefit of his evidence if it be not at once taken : Provided always that the Court may, upon granting such application, im- Court may pose any terms or conditions with reference to the examination of such wit. impose Terma. ness and admission of his evidence as to the Court may seem reasonable.

Witness Dead, Insane, or not Appearing.

Witness in

LVIII. -Where any person who might give evidence in any suit Evidence of or matter is dead, or insane, or unavoidably absent at the time his evidence former Pro- might be taken, or for any reason considered sufficient by the Court, can- ceedings. not appear to give evidence in the suit or matter, the Court may, if it thinks fit, receive proof of any evidence given by him in any former judi- cial proceeding: Provided that the subject matter of such former judicial Proviso as to proceeding was substantially the same as that of the existing suit and Subject Matter, that the parties to the existing suit were parties to it or bound by it, and in it had cross-examined or had an opportunity of cross-examining the

witness of whose evidence proof is to be given.

Admission of Documents and Facts.

　　　　　LIX. Where all parties to a suit are competent to make admission, Notice to admit, any party may call on any other party, by notice filed in the Court and served under order of the Court, to admit any documents, or any fact, saving just exceptions.

Consequence of

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CODE OF CIVIL PROCEDURE-HONGKONG.

2.-In case of refusal or neglect to admit, the costs of proof of the Refusal-Costs. document or fact shall be paid by the party refusing or neglecting, what- ever be the result of the cause, unless the Court is of opinion that the refusal or neglect to admit was reasonable.

Costs of Proof where no Notice given.

Court may order.

Notice to produce.

　　　　　　　　Order to "produce.

3.-No costs of proof of any document or fact shall be allowed unless such notice has been given, except in cases where the omission to give the notice has, in the opinion of the Court, produced a saving of expense.

Inspection and Production of Docnments.

　LX. The Court may in its discretion, on the application of any of the parties to any suit or proceeding, compel any other party to allow the applicant to inspect all or any documents in the custody or under the control of such other party relating to such suit or proceeding, and, if necessary, to take examined copies of the same or to procure the same to be duly stamped.

　2.-Whenever any of the parties to a suit is desirous that any docu- ment, writing, or other thing, which he believes to be in the possession or power of another of the parties thereto, should be produced at any hearing of the suit, he shall, at the carliest opportunity, serve the party in whose possession or power he believes the document, writing, or other thing to be, with a notice in writing, calling upon him to produce the same.

3. In case it shall appear to the satisfaction of the Court that there is reasonable ground to believe that such document or thing will not be pro- duced pursuant to such notice, the Court may make an order for the production of the same at the hearing of the suit by the party served with such notice. 4.-A witness, whether a party or not, shall not be bound to produce Affairs of State, any document relating to affairs of State, the production of which would be contrary to good policy, nor any document held by him for any other person who would not be bound to produce it if in his own possession.

Documents

relating to

&c.

Persons pre- teat in Court compelled to give Evidence.

Persons may be summoned merely t pro- duce Docu- 'ments.

Non-attendance

　5.-Any person present in the Court, whether a party or not, may be. called upon and compelled by the Court to give evidence, and produce any document then and there in his actual possession, or in his power, in the same manner and subject to the same rules as if he had been summoned to attend and give evidence, or to produce such document, and may be punished in like manner for any refusal to obey the order of the Court.

　6.-Any person, whether a party to the suit or not, may be summoned to produce a document without Leing summoned to give evidence, and any person summoned merely to produce a document, shall be deemed to have complied with the summons, if he cause such document to be produced instead of attending personally to produce the same.

CHAPTER IX. THE HEARING. Non-attendance of Parties.

LVI.-When a canse in the hearing-paper has been called on, if of both Parties. neither party attend in person or by counsel, the Court, on being satisfied that the plaintiff has received notice of the hearing, shall, unless it sees good reason to the contrary, strike the cause out of the bearing-paper.

Of Plaintiff.

Of Defendant.

Purther Service.

2.-If the plaintiff does not attend in person or by counsel, the Court, on b ing satisfied that the plaintiff has received notice of the hearing, shall, unless it sees good reason to the contrary, strike out the cause, and make such order as to costs in favour of any defendant appearing as seems just.

3. If the plaintiff attends, but the def ndant or any of the defendants does or do not attend in person or by counsel, the Court shall, before hearing the cause, inquire into the service of the writ of summons and petition and of notice of hearing on the absent party or parti 8.

4.-If not satisfied as to the service on every party, the Court shall direct such further service to be made as it shall think fit, and adjourn the hearing of the cause for that purpose.

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133

　　　　　　5.-If satisfied that the defendant or the several defendants has or When Court have been duly served with the writ of summons and petition, and with may proceed

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　ex parte. notice of the hearing, the Court may proceed to hear the same notwith- standing the absence of the defendant or any of the defendants, and may, on the evidence adduced by the plaintiff, give such judgment as appears just. The Court, however, shall not be bound to do so, but may order the hearing to stand over to a further day, and direct fresh notice to be given to the defendant or defendants in case justice seems to require an adjournment.

Defendant.

6.--In all cases where the plaintiff has obtained leave to proceed ex Re-hearing parte for want of appearance to the writ of summons, and in all other for absent cases where the Court hears a cause and judgment is given in the absence of and against any defendant, the Court may afterwards, if it thinks fit, on such terms as seem just, set aside the judgment and re-hear the cause, on its being established by evidence on oath to the satisfaction of the Court that the defendant's absence was not wilful, and that he has a defence upon the merits.

ing List for

7.-Where a cause is struck out by reason of the absence of the Restoration of plaintiff, it shall not be restored without leave of the Court, until it has Cause to Hear- been set down again at the bottom of the general hearing list, and been Plaintiff transferred in its regular turn to the hearing-paper.

second Time.

8.-Where a cause has been once struck out, and has been a second Non-attendazos time set down, and has come into the hearing-paper, and on the day fixed Plaintiff a for the hearing the plaintiff, having received due notice thereof, fails to attend either in person or by counsel when the case is called on, the Court, on the application of the defendant, and if the non-attendance of the plaintiff appears to be wilful and intended to harass the defendant, or to be likely to prejudice the defendant by preventing the hearing and deter- mination of the suit, may make an order on the plaintiff to show cause why a day should not be fixed for the peremptory hearing of the cause; and on Peremptory the return to that order, if no cause, or no sufficient cause be shown, the Court shall fix a day accordingly upon such notice and other terms as seem just.

　　　　　　9. In case the plaintiff does not attend on the day so fixed, either in Effect of Dis- person or by counsel, the Court shall, unless it sees good reason to the missal of buit contrary, order judgment to be entered for the defendant.

Order of Proceeding.

LXII.-The order of proceeding at the hearing of a cause shall be as

follows:

1.-The plaintiff shall state the pleadings.

Order.

in such CasOS.

Statement of Pleadings. Burden of

　　　　　　2. The party on whom the burden of proof is thrown by the nature of the material issues or questions between the parties has the right to Proo. begin; he shall address the Court and open his case.

3.--He shall then produce his evidence and examine his witnesses in

Party to begin,

Evidence.

chief.

4.- When the party beginning has concluded his evidence, he shall summing up. ask the other party if he int uds to call evidence ('n which term is included evidence taken by affidavit or deposition, or under commission, and docu- mentary evidence not already read or taken as read); and, if answered in the negative, he shall be entitled to sum up the evidence alea 'y given and comment thereon; but if answered in the affirmative, he shill wait for his general reply.

Party.

　　　　　　5. When the party beginning has concluded his case, the other party Case of other shall be at liberty to address the Court, and to call evidence and to sum up and comment thereon.

　　　　　6.-If no evidence is called or read by the latter party, the party General Reply. beginning shall have no right to reply, unless he has been prevented from

Case closed.

Evidence in reply.

Addresses thereon.

　　　　　　　　Cross-examina- tion and Re- examination,

Judge's Notes.

Inspection or Copy thereof,

Objections to Evidence.

Note of Objection.

Evidence by Affidavit or Commission.

Documentary Evidence.

To be marked.

Amendment of Pleadings.

　　　　　　　　　On what Terms.

Pleadings

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CODE OF CIVIL PROCEDURE-HONGKONG.

summing up his case by the statement of the other party of his intention to call evidence.

7. The case on both sides shall then be considered closed.

8. If the party opposed to the party beginning calls or reads evidence, the party beginning shall be at liberty to reply generally on the whole case, or he may call fresh evidence in reply to the evidence given on the other side, on points material to the determination of the issues, or any of them, but not on collateral matters.

9.-When evidence in reply is tendered, and allowed to be given, the party against whom the same has been adduced shall be at liberty to address the Court, and the party beginning shall be entitled to the general reply.

10.-Each witness after examination-in-chief shall be subject to cross-examination by the other party, and to re-examination by the party calling him, and after re-examination may be questioned by the Court. and shall not be recalled or further questioned save by leave of the Court, 11.-The Court shall take a note of the viva voce evideuce, and shall put down the terms of any particular question or answer, if there appears any special reason for doing so.

12.-No person

shall be entitled as of right, at any time or for any purpose, to inspection or a copy of the Court's notes.

13.-All objections to evidence must be taken at any time the question objected to is put, or, in case of written evidence, when the same is about to be put in, and must be argued and decided at the time.

14. Where a question put to a witness is objected to, the Court, unless the objection appears frivolous, shall take a note of the question and objection, if required by either party, and shall mention on the notes whether the question was allowed to be put or not, and the answer to it, if allowed.

15.-Where any evidence is by affidavit, or has been taken by com- mission, or on deposition, the party adducing the same may read and comment on it, either immediately after his opening or after vivâ voce evidence on his part has been concluded,

16.-Documentary evidence must be put in and read, or taken as read

by consent.

17.--Every document put in evidence shall be marked by the officer of the Court at the time, and shall be retained by the Court during the hearing, and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is impounded by order of the Court.

18. When the evidence adduced at the hearing varies substantial b from the allegations of the respective parties in the pleadings, it sh altoll in the discretion of the Court to allow the pleadings to be amended.

19. The Court may allow such amendment on such terms as ey adjournment, costs, and other things as seem just, so as to avoid surprise and injury to any party; ut all amendments necessary for the determina- tion in the existing suit of the real question in controversy between the parties shall be made if duly applied for.

20.-The Court may, at the hearing, order or allow, on such terms as which embarrass seem just, the striking out or amendment of any pleading that appears so framed as to prejudice, embarrass, or delay the fair trial of the real ques- tions in controversy between the parties.

or delay.

In Petition or Answer.

Supplemental Statement.

　LXIII.-Facts or circumstances, occurring after the institution of a suit, may, by leave of the Court, be introduced by way of amendment into the petition or answer (as the case may require) at any stage of the pro- ceedings, and the Court may make such order as seems just respecting

CODE OF CIVIL PROCEDURE-HONGKONG.

135

the proof of such facts or circumstances, or for affording all parties con- cerned leave and opportunity to meet the statements so introduced.

Reference of Account.

Commissioner

LXIV.-In any suit or other judicial proceeding in which an inves- Appointment of tigation or adjustment of accounts may be necessary, it shall be lawful to investigate. for the Court, at or before the hearing, to appoint any competent person to be a commissioner for the purpose of making such investigation or adjustment, and to direct that the parties, or their attorneys or counsel, shall attend upon the commissioner during such investigation or adjust ment. In all such cases, the Court shall furnish the commissioner with such part of the proceedings and such detailed instructions as may appear necessary for his information and guidance; and the instructions shall distinctly specify whether the commissioner is merely to transmit the proceedings which he may hold on the inquiry, or also to report his own opinion on the point referred for his investigation. The proceedings of the commissioner shall be received in evidence in the case, unless the Court may have reason to be dissatisfied with them, in which case the Court shall make such further inquiry as may be requisite, and shall pass such ultimate judgment or order as may appear to it to be right and proper in the circumstances of the case.

Commission.

　　　　　　　2. Whenever a commission is issued for an investigation into accounts, Expenses of the Court, before issuing the commission, may order such sum as may be thought reasonable for the expenses of the commission to be paid into Court by the party at whose instance or for whose benefit the commission is issued.

Incidental Powers.

LXV.-The Court may at the trial, without consent of parties, direct Nonsuit, Verdict a nonsuit, or a verdict for the plaintiff or defendant to be entered, or it for Plaintiff or may reserve any point of law or direct a verdict subject to a special case Special Case. to be stated for the opinion of the Court.

Defendant-

　　　　　　　2. Every such point of law so reserved, and every such special case Full Court. shall be heard before the full Court.

3.-Every such special case shall be settled by the parties, and in case Special Case of difference by the full Court.

how settled.

4.- The Court may order any point of law reserved to be set down setting down for argument without any previous application.

for Argument.

　　　　　　5.-The Court shall, upon motion for a new trial, have power to Nonsuit, &c.. order a nonsuit or verdict to be entered, although no leave has been where no Leave reserved at the trial.

Withdrawal and Adjustment of Suits.

reserved.

drawal with

bring fresh

　　　　　　LXVI.-If the plaintiff, at any ime before final judgment, satisfy Court may the Court that there are sufficient grounds for permitting him to withdraw permit With- from the suit with liberty to bring a fresh suit for the same matter, it Liberty to shall be competent to the Court to grant such permission on uch terms Action. as to costs or otherwise as it may deem proper. In any such fresh suit, the plaintiff shall be bound by the rules or the limitation of accounts in Limitation of the same manner as if the first suit had not been brought. If the plaintiff Actiou. withdraw from the suit without such permission, he shall be precluded Withdrawal from bringing a fres. suit for the same matter.

without Per- mission.

2.-If a suit shall be a ljusted by mutual agreement or compromise, Dispo al of Suit or if the defendant satisfy the plaintiff in respect of the matter of the suit, by Adjustment. such agreement, compromise. or sati-fac ion shall be recorded, and the suit shall be disposed of in accordance therewith.

3.-Notice of such agreement, compromise or satisfaction sh 11 be Notice of given by the plaintiff, or in case an attorney shall be employed, by his diament attorney, to the Registrar, together with such particulars as may be

to Registrar.

Delivery of Judgment.

Where Judg- ment reserved.

Where Judg. ment delivered at Hearing.

Notice of Judgment.

Minute thereof

Force and

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CODE OF CIVIL PROCEDURE-HONGKONG.

required of him, within one week after the same shall have been made, and in default thereof be shall be deemed guilty of a contempt of Court.

CHAPTER X.-JUDGMENT and Decree.

　　LXVII.-When the cause is tried by the Court with a jury, the verdict shall be recorded and judgment shall be entered up by the Registrar as the Court shall direct; and when the cause is tried by the Court without a jury the judgment shall be pronounced in open Court, unless the Court shall otherwise direct, or it may be read by the Registrar if so ordered.

　　2. If the judgment of the Court is reserved at the hearing, parties to the suit shall be summoned to hear judgment, unless the Court at the hearing states the day on which judgment will be delivered, in which case no summons to hear judgment shall be issued.

　　3.--All parties shall be deemed to have notice of any judgment, if the same is pronounced at the hearing of the application or suit.

　　4. All parties duly served with notice to attend and hear judgment shall be deemed to have notice of the judgment when pronounced.

5.-A minute of every judgment, whether final or interlocutory, shall by Registrar be made by the Registrar, and every such minute shall be a decree of the Court, and shall have the full force and effect of a formal decree: Pro- vided always that the Court may order a formal decree to be drawn up on the application of either party.

Mect thereof.

Formal Decree.

Decree for Money- Interest.

Payment by Instalments.

Where Set-off ta allowed.

Decree to be

　　6. When the suit is for a sum of money due to the plaintiff, the Court may, in the decree, order interest, at such rate as the Court may think proper, to be paid on the principal sum adjudged from the date of the suit to the date of judgment, in addition to any interest adjudged on such principal sum for any period prior to the date of the suit; with further interest on the aggregate sum so adjudged and on the cost of the suit from the date of the decree to the date of payment.

　　7. In all judgments for the payment of money, the Court may, for any sufficient reason, order that the amount shall be paid by instalments with or without interest.

　　8.-If the defendant shall have been allowed to set-off any demand against the claim of the plaintiff, the judgment shall state what amount is due to the plaintiff, and what amount (if any) is due to the defendant, and shall be for the recovery of any sun which shall appear to be due to either party. The judgment of the Court with respect to any sum awarded to the defendant shall have the same effect and be subject to the same rules as if such sum had been claimed by the defendant in a separate suit against the plaintiff.

9.-A

person

directed by a decree or order to pay money, or do any obeyed without other act, is bound to obey the decree or order without any demand for

payment or performance.

Demand.

　　　　　　　　　Written Judgment

to be filed.

　　　　　　　　　General Powers of the Court.

Application for Review by Notice of Motion,

Such Notice no

　　10.--Whenever the Court shall delivera written judgment the original, or a copy thereof signed by the judge, shall be filed in the suit or other proceeding.

Review of Judgment-Re-hearing-New Trial.

　　LXVIII. The Court may in any case, on such terms as seem just, review any judgment, or order a re-hearing or new trial, with or without a stay of proceedings.

2. Any application for a review of judgment or for a re-hearing or new trial must be made on notice of motion filed not later than fourteen days after such decision or hearing or verdict.

　　　　　　　　　　　3. Such notice shall not of itself operate as a stay of proceedings; Stay of Pro but any money in Court in the suit shall be retained to abide the result Money in Court, of the motion or the further order of the Court.

ceedings-

CODE OF CIVIL PROCEDURE-HONGKONG.

137

4. After the expiration of such fourteen days, application for Application such review, re-hearing, or new trial shall not be admitted, except by after 14 Days. special leave of the Court, on such terms as seem just.

5.-On an order for re-hearing or new trial, either party may demand Jury may be a jury for the second trial, though the first was not with a jury.

demanded.

　　　　　6. The Court may, if it think fit, make it a condition of granting a Court may re-hearing or new trial that the trial shall be with a jury.

order Jury.

7.-The discovery of new matter or evidence which was not within Discovery of the knowledge of the applicant, or could not be adduced by him at the trial, new Evidence. may be a ground for a new trial, but the improper admission or rejection Improper of evidence shall not be a ground of itself for a new trial or reversal of Admission or

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Rejection of any judginent in any case, if it shall appear to the Court, that indepen- Evidence. dently of the evidence objected to and admitted, there was sufficient evidence to justify the judgment, or that if the rejected evidence had been received it ought not to have varied the judgment.

8. When an application for a review of judgment, re-hearing, or Proceedings new trial is granted, a note thereof shall be made in the register of suits, where Applica- tion is granted. and the Court shall give such order in regard thereto as it may deem proper in the circumstances of the case.

PART III.

PROCEEDINGS TO ENFORCE THE DECREE-EXECUTION.

CHAPTER XI.

Investigation as to Property of Judgment Debtor.

Debtor.

　　　　　LXIX.-Where a decree directing payment of money remains wholly Examination or in part unsatisfied (whether a writ of execution has issued or not) the of Judgment person prosecuting the decree may apply to the Court for a summons, requir- ing the person by whom payment is directed to be made to appear and be examined r. specting his ability to make the payment directed, and the Court shall, unless it sees good reason to the contrary, issue such a summons.

　　　　　2-n the appearance of the person against whom the summons is Discovery of issued, he may be examined on oath by or on behalf of the person prosecut- Property. ing the decree, and by the Court, respecting his ability to pay the money directed to be paid, and for the discovery of property applicable to such payment, and as to the disposal which he may have made of any property.

Books and

　　　　　3. He shall be bound to produce on oath, or otherwise, all books, Production of papers, and documents in his possession or power relating to property Documents applicable to such payment.

4. Whether the person summoned, appears or not, the person pro- Examination of secuting the decree, and all other witnesses whom the Court thinks other Witnesses, requisite, may be examined on oath or otherwise respecting the matters aforesaid.

5.-The Court may, if it thinks fit, adjourn the hearing of the sum- Adjournment mons from time to time, and require from the person summoned such of hearing and

Proceedings security for his appearance at the adjourned hearing as seems fit, and in thereon. default of his finding security, may, by warrant, commit him to prison, there to remain until the adjourned hearing, unless sooner discharged.

　　　　　6. The Court may, upon such investigation as aforesaid, make any Interim Order interim order for the protection of any property applicable or available in for Protection discharge of the decree, as it shall think expedient.

Mode of Enforcing Decrees.

of Property.

Possession of

LXX.-If the decree be for land or other immoveable property, the Decree for decree holder shall be put in possession thereof, if necessary, by the Sheriff or other officer executing the decree.

immoveable Property.

Decree for move-

Performance of Contract or alternative.

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CODE OF CIVIL PROCEDURE-HONGKONG.

2. If the decree be for any specific moveable, or for the specific able Property performance of any contract or other particular act, it shall be enforced by the seizure, if practicable, of the specific moveable and the delivery thereof to the party to whom it shall have been adjudged, or by imprison- ment of the party against whom the decree is made, or by attaching his property and keeping the same under attachment until further order of the Court or by both imprisonment and attachment if necessary; or if alterna- tive damages be awarded, by levying such damages in the mode provided for the execution of a decree for money.

Deoree for Money,

For Execution of Deeds, &c. or Indorsement of negotiable Instruments.

Against Repre. sentatives of deceased Persons.

Against Sureties.

Property liable to attachment and Sale in

Brecution of Decree.

Payment into

under Decree.

3.-If the decree be for money, it shall be enforced by the imprison- ment of the party against whom the decree is made, or by the attachment and sale of his property, or by both, if necessary; and if such party be other than a defendant, the decree may be enforced against him in the same manner as a d cree may be enforced against a defendant.

4.--If the decree be for the execution of a deed, or for the indorse- ment of a negotiable instrument, and the party ordered to execute or indose such deed or negotiable instrument shall neglect or refuse so to do, any party interested in having the same executed or indorsed may prepare a deed or indorsement of the instrument in accordance with the terms of the decree, and tender the same to the Court for execution upon the proper stamp (if any is required by law), and the signature thereof by the Registrar shall have the same effect as the execution or indorsement thereof by the party ordered to execute.

5.-If the decree be against a party as the representative of a de- ceased person, and such decree be for money to be paid out of the property of the deceased person, it may be executed by the attachment and sale of any such property, or, if no such property can be found and the defendant fail to satisfy the Court that he has duly applied such property of the deceased as shall be proved to have come into his possession, the decree may be executed against the defendant to the extent of the property not duly applied by him in the same manner as if the decree had been against the defendant personally.

6.-Whenever a person has become liable as security for the perfor- mance of a decree, or of any part thereof, the decree may be executed against such person to the extent to which he has rendered himself liable in the same manner as a decree may be enforced against a

defendant.

7.-The following property is liable to attachment and sale in execu- tion of a decree, namely, land, houses, goods, money, bank-notes, cheques, bills of exchange, promissory notes, government securities, bonds, or other securities for money, debts, shares in the capital or joint stock of any public company or corporation, and all other property whatsoever, moveable or immoveable, belonging to the defendant, and whether the same be held in his own name or by another person in trust for him or on his behalf.

8.-All moneys payable under a decree shall be paid into Court, Court of Money unless the Court shall otherwise direct. No adjustment of a decree, in part or in whole, shall be recognised by the Court unless such adjustment be made through the Court, or be certified to the Court by the person in whose favour the decree has been made, or to whom it has been trans- ferred..

　　　　　　　　By Order of Court before Tuxation of Costs.

Immediate Execution.

LXXI.-The Court may, at the time of making the decree, on the verbal application of the party in whose favour the decree is made, order immediate execution thereof, except as to so much as relates to the costs, and that the decree shall be executed as to costs as soon as the amount thereof shall be ascertained by taxation.

CODE OF CIVIL PROCEDURE-HONGKONG.

Application for Execution in ordinary Cases.

139

-Form of.

　　　　　　LXXII.- When any party in whose favour a decree has been made Must be made is desirous of enforcing the same, he shall apply to the Registrar for to the Registrar execution. Such application must be in writing, and shall specify the number of the suit or proceeding and the names of the parties.

2.-If there be cross-decrees between the same parties for the payment Cross-decrees. of money, execution shall be taken out by that party only who shall have obtained a decree for the larger sum and for so much only as shall remain after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the decree for the larger sum as well as satisfaction on the decree for the smaller sum, and if both sums shall be equal, satisfaction shall be entered upon both decrees.

certain Cases

3.---Whenever a suit shalbe pending in the Court against the holder Court may stay of a previous decree of the Court, by the person against whom the decree Execution in was made, the Court may, if it appear just and reasonable to do so, stay of previous execution of the decree either absolutely or on such terms as it think

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　may just, until a decree shall be made in the pending suit.

Decree.

4.-If any person against whom a decree has been made shall die Decree against

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　legal Repre. before execution has been fully had thereon, application for execution sentative. thereof may be made against the legal representative, or the estate of the person so dying as aforesaid; and if the Court shall think proper to grant such application, the decree may be executed accordingly.

tion.

5. If the decree be ordered to be executed against the legal repre- Mode of Exeeu- sentative, it shall be executed in the manner provided in Section LXX., Par. 5, for the execution of a decree for money to be paid out of the property of a deceased person.

　　　　　　6. The Registrar on receiving any application for execution of a Record of decree, containing the particulars above-mentioned, shall make a note of Application for the application, and the date on which it was made.

Execution.

for Direction,

　　　　　　7. The Registrar may, at any time, take the direction of the Court Registrar may as to any application for execution, and in the meanwhile refuse to issue apply to Court the writ.

　　　　　　8.-All writs of execution shall be issued in the order of application Execution to for the same, unless the Court shall otherwise direct.

issue in order of Application.

Execution after

Representative

Measures in certain Cases preliminary to the Issue of Execution. LXXIII.-If an interval of more than one year shall have elapsed Application for between the date of the decree and the application for its execution, or if interval of One the enforcement of the decree be applied for against the representative of Year, or against an original party to the suit, the Court shall issue a notice to the party of original Party. against whom execution may be applied for requiring him to show cause, within a limited period to be fixed by the Court, why the decree should not be executed against him: Provided that no such notice shall be neces- sary in consequence of an interval of more than one year having elapsed between the date of decree and the application for execution, if the application be made within one year from the date of the last order obtained on any previous application for execution; and provided further than no such notice shall be necessary in consequence of the application being against such representative, if upon a previous application for execution against the same person, the Court shall have o dered execution to issue against him.

2. When such notice is issued, if the party shall not appear, or shall order thereon. not show sufficient cause to the satisfaction of the Court why the decree should not be forthwith executed, the Court shall order it to be executed accordingly. If the party shall appear and shall offer any objection to the enforcement of the decree, the Court shall make such order as in the circumstances of the case may seem to be just and proper.

Bgistrar to issue proper

　　　　　　　　　Writ of Execu- tiou.

Obstruction of Execution of Decree.

By Defendant.

Pensky for.

　　　　　　　　　By any Person other than the Defendant amerting a Claim to possession.

Where Right

of Decree holder disputed.

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CODE OF CIVIL PROCEDURE-HONGKONG.

Issue of the Writ of Execution.

　　LXXIV. Upon the application of the decree-holder the Registrar shall, subject to the provisions of the last two preceding sections, issue the proper writ for the exccution of the decree.

Execution of Decrees for immoveable Property.

LXXV.-If in the execution of a decree for land or other immoveable property, the officer executing the same shall be resisted or obstructed by any person, the person in whose favour such decree was made may apply to the Court at any time within one month from the time of such resistance or obstruction. The Court shall fix a day for investigating the complaint, and shall summon the party against whom the complaint is made to answer the same.

　　2.-If it shall appear to the satisfaction of the Court that the obstruc- tion or resistance was occasioned by the defendant, or by some person at his instigation, on the ground that the land or other immoveable property is not included in the decres, or on any other ground, the Court shall enquire into the matter of the complaint, and make such order as may be proper under the circumstances of the case.

3.-If the Court shall be satisfied, after such investigation of the facts of the case as it may deem proper, that the resistance or obstruction com- plained of was without any just cause, and that the complainant is still resisted or obstructed in obtaining effectual possession of the property adjudged to him by the decree, by the defendant or some person at his instigation, the Court may, at the instance of the plaintiff, and without prejudice to any proceedings to which such defendant or other person may be liable for such resistance or obstruction, commit the defendant or such other person to prison for such period not exceeding thirty days as may be necessary to prevent the continuance of such obstruction or resistance.

　　4.--If it shall appear to the satisfaction of the Court that the resist- ance or obstruction to the execution of the decree has been occasioned by any person, other than the defendant, claiming bona fide to be in possession of the property on his own account or on account of some other person than the defendant, the claim shall be numbered and registered as a suit between the decree-holder as plaintiff and the claimant as defendant, and the Court shall, without prejudice to any proceedings to which the claimant may be liable for such resistance or obstruction, proceed to investigate the claim in the same manner and with the like power as if a suit for the property had been instituted by the decree-holder against the claimant under the provisions of this Code, and shall make su h order for staying execution of the decree, or executing the same, as it may deem proper

the circumstances of the case.

5.-If any person other than the defendant shall be dispossessed of any land or other immoveable property in execution of a decree, and such person shall dispute the right of the decree-holder to dispossess him of such property under the decree, on the ground that the property was bond fide in his possession on his own account, or on account of some other person than the defendant, and that it was not included in the decree, or if included in the decree, that he was not a party to the suit in which the decree was made, he may apply to the Court within one month from the date of such dispossession: and if, after examining the applicant, it shall appear to the Court that there is probable cause for making the applica tion, the application shall be numbered and registered as a suit between the applicant as plaintiff and the decree-holder as defendant, and the Court shall proceed to investigate the matter in dispute in the same manner and with the like powers as if a suit for the property had been instituted by the applicant against the decree-holder.

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Decision under

6. The decision of the Court under the provisions contained in either Effect of of the last preceding paragraphs shall be of the same force or effect as a two last Para- decree in an ordinary suit; and no fresh suit shall be entertained between graphs. the same parties or persons claiming under them in respect of the same cause of action.

CHAPTER XII.-EXECUTION OF DECREES FOR MONEY BY ATTACHMENT OF PROPERTY.

Attachment.

LXXVI.-If the decree be for money, and the amount thereof is to Mode of be levied from the property of the person against whom the same may have been pronounced, the Court shall cause the property to be attached in the manner following:

Possession of,

2. Where the property shall consist of goods, chattels, or other Moveable Prax moveable property in the possession of the defendant, the attachment shall prin be made by actual seizure, and the Sheriff or other officer shall keep Defendant. the same in his custody, and shall be responsible for the due custody thereof.

to Lien or

　　　　　　3.- Where the property shall consist of goods, chattels, or other Where subject, moveable property to which the defendant is entitled subject to a lien or hights of third right of some other person to the immediate possession thereof, the attach- Parties. ment shall be made by a written order prohibiting the person in possession from giving over the property to defendant.

4. Where the property shall consist of lands, houses, or other im- Immoveable moveable property, or any interest therein either at law or in equity, the Property. attachment shall be made by a written order prohibiting the defendant from alienating the property by sale, gift, or in any other way, and all persons from receiving the same by purchase, gift, or otherwise.

Companies.

5. Where the property shall consist of debts not being negotiable Debts and instruments, or of shares in any public company or corporation, the Shares in Publi attachment shall be made by a written order prohibiting the creditor from receiving the debts, and the debtor from making payment thereof to any person whomsoever, until the further order of the Court, or prohibiting the person in whose name the shares may be standing from making any transfer of the shares or receiving payment of any dividends thereof and the manager, secretary, or other proper officer of the company or corpora- tion from permitting any such transfer or making any such payment, until

such further order.

Public Officer

　　　　　　6. Property in the custody or under the control of any public officer Property in the in his official capacity shall be liable to attachment in execution of a decree Custody of a with the consent of the Attorney-General, an property in custodia legis or in custodia shall be liable also to attachment by leave of the Court. In such cases, legis. the order of attachment must be served on such public officer, or on the Registrar, as the case may be.

　　　　　　7.-Where the property shall consist of a negotiable instrument, the Negotiable attachment shall be made by actual seizure, and the Sheriff or other officer Instruments. shall bring the same into Court, and such instrument shall be h∙ld subject to the further orders of the Court.

8.-In the case of goods, chattels, or other moveable property not in Service of the possession of the defendant, an office copy of the order shall be grohibitory delivered to the person in possession of the property. In the case of lands, houses, or other immoveable property, or any interest therein, an office copy of the order shall be registered in the Land Office under Ordinance No. 3 of 1844. In the case of debts, Office copies of the order shall be delivered to or served upon each individual debtor. And in case of shares in the capital or joint-stock of any public company or corporation, an office copy of the order shall be delivered to or served upon the manager, secretary, or other proper officer of the company or corporation.

　　　　　　　　　Private Alena- tion after At- tachment void.

　　　　　　　　Payment into Court by Debtor.

Court may order Money or Proceeds of Property

attached, or any Part thereof to be paid to the Decree-holder.

Appointment of Manager.

　　　　　　　　Mortgage in lieu of Sale on Application

of Judgment Debtor.

In absence of Judgment Debtor, Court may order Mortgage in lieu of Sale.

Order for With- drawal of At- tachment on Batisfaction of Decree.

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CODE OF CIVIL PROCEDURE-HONGKONG.

　　9. After any attachment shall have been made by actual seizure, or by written order as aforesaid, and in the case of an attachment by written order, after it shall have been duly intimated and made known in manner aforesaid, any alienation without leave of the Court of the property attached, whether by sale, gift, or otherwise, and any payment of the debt or debts, or dividends, or shares to the defendant during the continuance of the attachınent, shall be null and void.

　　10.-In every case in which a debtor shall be prohibited from making payment of his debt to the creditor, he may pay the amount into Court, and such payment shall have the same effect as payment to the party' entitled to receive the debt.

11.-In all cases of attachment under this chapter, it shall be com- petent to the Court, at any time during the attachment, to direct that any part of the propety so attached as shall consist of money or bank-notes, or a sufficient part thereof, shall be paid over to the party applying for execution of the decree, or that any part of the property so attached as may not consist of money or bank-uotes, so far as may be necessary for the satisfaction of the decree, shall be sold, and that the money which may be realized by such sale, or a sufficient part thereof shall be paid to such party.

12.-When the property attached shall consist of debts due to the party who may be answerable for the amount of the decree, or of any lands, houses, or other immoveable property, it shall be competent to the Court to appoint a manager of the said property with power to sue for the debts, and to collect the rents or other receipts and profits of the land or other immoveable property, and to execute such deeds or instruments in writing as may be necessary for the purpose, and to pay and apply such rents, profits, or receipts toward the payment of the amount of the decree and costs: or when the property attached shall consist of land, if the judgment debtor can satisfy the Court that there is reasonable ground to believe that the amount of the judgment may be raised by the mortgage of the land, or by letting it on lease, cr by disposing by private sale of a portion of the land, or of any other property belonging to the judgment debtor, it shall be competent to the Court, on the application of the judgment debtor, to postpone the sale for such period as it may think proper, to enable the judgment debtor to raise th amount. In any case in which a manager shall be appointed under this section, such manager shall be bound to render due and proper accounts of his receipts and disbursements, from time to time, as the Court may direct.

13.-If the judgment debtor shall be absent from the Colony, and it shall appear to the satisfaction of the Court that the public sale of any of his property which has been attached, consisting of lands, houses, or any interest therein, is objectionable, and that satisfaction of the decree may be made within a reasonable period by a temporary alienation of such property, the Court may, of its own motion, instead of proceeding to a public sale of such property, order that provision be made for the satisfac- tion of the decree by mortgage thereof and may authorize the Registrar, if necessary, to execute the mortgage deed in lieu of the judgment debtor, or any other necessary parties, and may make such orders in relation to such mortgage as may be requis te to carry out this provision; and the execution of such mortgage deed by the Registrar shall have the same effect as the execution thereof by the judgment debtor, or other necessary parties. 14.-If the amount decreed with costs and all charges and expenses which may be incurred by the attachment be paid into Court, or if satisfac- tion of the decree be otherwise made, an order shall be issued for the withdrawal of the attachment; and if the defendant shall desire it, and shall deposit in Court a sum sufficient to cover the expense, the order shall

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be notified in the same manner as hereinbefore prescribed for the notifica- tion of the attachment; and such steps shall be taken as may be necessary for staying further proceedings in execution of the decree.

Of Claims to Attached Property.

LXXVII.-In the event of any claim being preferred to, or objection Investigation thereof by the offered against, the sale of lands or any other immoveable or moveable Court. property which may

have been attached in execution of a decree or under any order for attachment made befo e judgment, as not liable to be sold in execution of a decree against the defendant, the Court shall, subject to the proviso contained in the next succeeding section, proc ed to investigate the same with the like powers as if the claimant had been originally made a defendant to the suit, and if it shall appear to the satisfaction of the Court that the land or other immoveable property was not in the possession of the party against whom execution is sought, or of some person in trust for him, or in the occupancy of persons paying rent to him at the time when the property was attached, or that being in the possession of the party himself at such time, it was so in his possession not on his own account, or as his own property, but on account of, or in trust for sonie other person, the Court shall make an order for releasing the said property from attachment. But if it shall appear to the satis action of the Court that the land or other immoveable or moveable property was in possession of the party against whom execution is sought, as his own property, and not on account of any other person, or was in the possession of some person in trust for him, or in the occupancy of persons paying rent to him at the time when the property was attach d, the Court shall disallow the claim. The party against whom the order may be given shall be at liberty to bring a suit to establish his right at any time within one year from the date of the order.

preferred at the

tunity.

　　　　　2. The claim or objection shall be made at the earliest opportunity Claim or Ob- to the Court; and if the property to which the claim or objection applies jection to be shall have been advertised for sale, the sale may (if it appears necessary) earliest oppor be postponed for the purpose of making the investigation mentioned in the last preceding paragraph: Provided that no such investigation shall be made if it appear that the making of the claim or objection was designedly and unnecessarily delayed, with a view to obstruct the ends of justice, and in such case, the claimant shall be left to prosecute his claim by a regular suit.

of Sale.

Of Sales in Execution of Decrees. LXXVIII.-Sales in execution of decree shall be made under the Registrar to

have Conduct direction of the Registrar, and shall be conducted according to such orders, if any, as the Court may make on the application of any parties concerned, and all such sales shall be made by public auction; Provided that it shall be competent to the Court to authorize the sale to be made in such other manner as it may deem advisable.

　　　　　2.-At any time within ten days from the date of the sale of any Setting aside immoveable property, application may be made to the Court to set aside Sale for Irre

gularity. the sale on the ground of any material irregularity in the conduct of the sale, but no sale shall be set aside on the ground of such irregularity unless the applicant shall prove to the satisfaction of the Court that he has sustained substantial injury by reason of such irregularity.

　　　　　3.-If no such application as is mentioned in the last preceding para- When Sale be graph be made, the sale shall be deemed absolute. If such application comes absolute be made and the objection be disallow d, the Court shall make an order confirming the sale; and in like manner if the objection be allowed, the Court shall make an order setting aside the sale for irregularity.

4.-Whenever a sale of immoveable property is set aside, the pur- Return of chaser shall be entitled to receive back any money deposited or paid by him on account of such sale with or without interest, to be paid by such Money.

Deposit or Purchase

Transfer to Parchaser by Certificate- Stamp Duty Registration.

Delivery of

"moveable

Property in

Possession of Defendant.

To which Defendant

entitled subject 'to Lien.

Of immoveable

　　　　　　　　Occupancy of a "Defendant.

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CODE F CIVIL PROCEDURE-HONGKONG.

parties and in such manner as it may appear proper to the Court to direct in each instance.

5.-After a sale of immoveable property shall have become absolute in manner aforesaid, the Court shall grant a certificate to the person who may have been declared the purchaser at such sale, to the effect that he has purchased the right, title, and interest of the defendant in the property sold, and such certificate shall be liable to the same stamp duty as an assignment of the same property, and when duly stamped as aforesaid, shall be taken and deemed to be a valid transfer of such right, title, and interest, and may be registered in the Land Office under Ordinance No. 3

of 1884.

6.--Where the property sold shall consist of goods, chattels, or other moveable property in the possession of the defendant, or to the immediate possession of which the defendant is entitled, and of which actual seizure has been made, the property shall be delivered to the purchaser.

7.-Where the property sold shall consist of goods, chattels, or other moveable property to which the defendant is entitled, subject to a lien or right of any person to the immediate possession thereof, the delivery to the purchaser shall, as far as practicable, be made by the Sheriff giving notice to the person in possession prohibiting him from delivering posses- sion of the property to any person except the purchaser thereof.

8.-If the property sold shall consist of a house, land, or other im- Property in the moveable property, in the occupancy of a defendant or some person on his behalf, or of some person claiming under a title created by the defen- dant subsequently to the attachment of such property, the Court shall, on the application of the purchaser, order delivery thereof to be made by putting the party to whom the house, land, or other immoveable property may have been sold, or any person whom he may appoint to receive deli- very on his behalf, in possession thereof, and if need be, by removing any person who may refuse to vacate the same.

　　　　　　　　In lawful Occupancy of other Persons.

'Of Debts and

　　　　　　　　　　　　Shares in Public Com- panies.

'Of negotiable Securities.

Transfer of

*Securities and

'Shares.

9. If the property sold shall consist of a house, land, or other im- moveable property in the occupancy of other persons entitled to occupy the same, the Court shall, on the application of the purchaser, order delivery thereof to be made by affixing a copy of the certificate of sale in some conspicuous place on the house, land, or other immoveable property, or in the Supreme Court building.

　10.-Where the property sold shall consist of debts not being nego- tiable istruments, or of shares in any public company or corporation, the Court shall, on the application of the purchaser, make an order pro- hibiting the creditor from receiving the debts and the debtor from making payment thereof to any person or persons except the purchaser, or pro- hibiting the person in whose name the shares may be standing from making any transfer of the shares to any person except the purchaser, or receiving payment of any dividends thereon, and the manager, secretary, or other proper officer to the company or corporation from permitting any such transfer or making any such payment to any person except the purchaser.

　11.-Where the property sold shall consist of negotiable securities of which actual seizure has been made, the same shall be delivered to the purchaser thereof.

　12.-If the indorsement, transfer, or conveyance of the party in whose name any negotiable security or any shares in a public company or corpora. tion is standing, or in whom any mortgage or equity of redemption shall be vested, shall be required to transfer the same, the Registrar may indorse the security or the certificate of the share, or may execute such other document as may be necessary for transferring the same. The indorsement or execution shall be in the following form, or to the like effect:--

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145

"A. B. by C. D., Registrar of the Supreme Court of Hongkong; in a suit by E. F. versus A. B." Until the transfer of such security or share, the Court may, by order, appoint some person to receive any interest or divid- end due thereon, and to sign receipts for the same; and any indorsement made or document executed, or receipts signed as aforesaid, shall be as valid and effectual for all purposes, as if the same had been made or executed or signed by the party himself.

obtaining

13.-If the purchaser of any immoveable property sold in execu- Obstructing tion of a decree shall, notwithstanding the order of the Court, be resisted Purchaser in or obstructed in obtaining possession of the property, the provisions con- Possession, tained in Section LXXV., relating to resistance or obstruction to a party in whose favour a suit has been decreed in obtaining possession of the property adjudged to him, shall be applicable in the case of such resistance or obstruction.

other than

14.-If it shall appear that the resistance or obstruction to the delivery obstruction by or possession was occasioned by any person other than the defendant Claimants claiming a right to the possession of the property sold as proprietor, Defendant. mortgagee, lessee, or under any other title, or if in the delivery of posses- sion to the purchaser any such person claiming as aforesaid shall be dis- possessed, the Court, on the complaint of the purchaser, or of such person claiming as aforesaid, if made within one month from the date of such resistance or obstruction, or of such dispossession, as the case may be, shall enquire into the matter of the complaint, and make such order as may be proper in the circumstances of the case. The party against whom it is given shall be at liberty to bring a suit to establish his right at any time within one year from the date thereof.

Of the Execution of Decrees by Imprisonment.

Prisoner for

LXXIX. When a defendant is committed to prison in execution of Subsistence a decree, the Court shall fix whatever monthly allowance it shall think Allowance to sufficient for his subsistence, not exceeding twenty-five cents per day, which Debt. shall be paid by the party at whose instance the decrce may have been executed, to the superintendent of the gaol, by monthly payment in advance, before the first day of each month, the first payment to be made for such portion of the current month as may remain unexpired before the defendant is committed to prison.

Prisoner for

2. In case of the serious illness of any defendant imprisoned under Removal of a decree for debt, it shall be lawful for the Court, on the certificate of the Debt in Case Colonial Surgeon, to make an order for the removal of the defendant of Ulness. to the Government Civil Hospital, and his treatment there under custody until further order, and the period of the defendant's stay in hospital shall be counted as part of his term of imprisonment for debt, and his subsistence money shall be paid as if no such order had been made.

Prisoner for

prisonment for

　　　　　3.-A defendant shall be released at any time on the decree being Release of fully satisfied, or at the request of the person at whose instance he may Debt. have been imprisoned, or on such person omitting to pay the allowance above directed. No person shall be imprison d on account of a decree for Term of Im- a longer period than one year, or for a longer period than six months if Debt. the decree be for the payment of money not exceeding five hundred dollars, or for a longer period than three months if the decree bor the payment of money not exceeding one hundred dollars.

added to

　　　　　4. Sums disbursed by a plaintiff for the subsistence of a defendant Subsistence in gaol shall be added to the costs of decree, and shall be recoverable Money to be by the attachment and sale of the property of the defendant; but the amount of defendant shall not be detained in custody or arrested on acount of any sums so disbursed.

Decree.

　　　　　　Application for Discharge. Procedure on auch Applica- lion.

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CODE OF CIVIL PROCEDURE-HONGKONG.

5. Any person in confinement under a decree may apply to the Court for his discharge. The application shall contain a full account of all property of whatever nature belonging to the applicant, whether in expec- tancy or in possession, and whether held exclusively by himself or jointly with others, or by others in trust for him (except the necessary wearing apparel of himself and his family and the necessary implements of his trade), and the places respectively where such property is to be found; and such application shall be subscribed by the applicant and verified on affidavit. Unjustifiable

6.-On such application being made, the Court shall cause the execu- Extravagance. tion creditor to be furnished with a copy of the account of the defendant's property and shall fix a reasonable period within which the execution creditor may cause the whole or any part of such property to be attached and sold, or may make proof that the defendant's inability to satisfy the decree is attributable to unjustifiable extravagance in living, or that the defendant, for the purpose of procuring his discharge without satisfying the decree, has wilfully concealed property, or his right or interest therein, or fraudulently transferred or removed property, or committed any other act of bad faith. If the execution creditor shall fail to make such proof, the Court shall cause the defendant to be set at liberty. If the execution creditor shall within the time specified, or at any subsequent period, make such proof to the satisfaction of the Court, the Court shall retain the defendant in confine- ment unless he shall have already been in confinement on account of the decree for the full term of his imprisonment.

Wilful Con- cealment of Property. Fraudulent Transiera. Act of bad Faith.

Continuance of Liability of Debtor's Pro-

perty.

Decision of

Questions as to Meene Profits and other Matters.

　　　　　　　By Leave of the Court.

Application for Order against Parson guilty

Evidence in support.

　　　　　　　Copy to be served.

Proceedings on Return-day.

7.-A defendant once discharged shall not again be imprisoned on account of the same decree, but his property shall continue liable, under the ordinary rules, to attachment and sale until the decree shall be fully satisfied.

8.-All questions regarding the amount of any mesne profits which by the terms of the decree may have been reserved for adjustment in the execution of decree, or of any mesne profits or interest which may be payable in respect of the subject matter of a suit between the date of the institution of the suit and execution of the decree, as well as questions relating to sums alleged to have been paid in discharge or satisfaction of the decree or the like, and any other questions arising between the parties to the suit in which the decree was made and relating to the execution of the decree, shall be determined by order of the Court.

Enforcement of Order.

LXXX.--Any order of the Court made in any suit or proceeding may be enforced by leave of the Court, in the manner hereiubefore provided for the enforcement of decrees.

Commitment for Disobedience to a Decree or Order. LXXXI.-Where any person is guilty of wilful disobedience to a decree or order, the person prosecuting the decree or order shall be entitled to apply to the Court for an order on the person disobeying such decree or order to show cause why he should not be punished for the disobedience. The Court, unless it sees good reason to the contrary, shall, on such application, make an order accordingly.

　2. The Court shall not grant the order except on evidence on oath or affidavit establishing such a case as, if uncontradicted and unexplained, would justify the immediate commitment of the person disobeying the decree or order.

　3.--A certified copy of the order and of the affidavit or deposition on which the order is granted shall be served on the party to wh m the order is directed.

　4. On the return-day of the order, if the person to whom it is directed does not attend and does not establish a sufficient excuse for not attending,

CODE OF CIVIL PROCEDURE-HONGKONG.

147

and if the Court is satisfied that the order has been duly served,-or if he attends and does not show cause to the satisfaction of the Court why he should not be punished for the disobedience,-the Court may issue a war- rant for his commitment to prison.

Conditional

　　　　　　5. The Court may enlarge the time for the return to the order, or Enlargement may, on the return of it and under 'circumstances which would strictly of Time and justify the immediate commitment of the person guilty of the disobedience, Order. direct that the warrant for his commitment shall issue only after a certain time and in the event of his continued disobedience at that time to the decree or order in respect of which he has been guilty of disobedience.

Detention

6.-A person committed for disobedience to a decree or order is liable Duration of to be detained in custody until he has obeyed the decree or order in all things that are to be iminediately performed, and given such security as the Court thinks fit to obey the other parts of the decree or order (if any) at the future times the reby appointed, or in case of his no longer having the power to obey the decree or order, then, until he has been imprisoned for such time or until he has paid such fine as the Court directs.

PART IV.

FOREIGN ATTACHMENT AND OTHER SPECIAL SUITS.

CHAPTER XIII.

Foreign Attachment.

LXXXII.-Proceedings by foreign attachment may be taken in In what Cases. manner hereinafter prescribed in all suits founded on contract or for detinue or trover provided that the cause of action arose within the jurisdiction.

2. Upon the filing in Court by the plaintiff in any such suit of an Affidavit to be affidavit to the following effect, that is to say:

(a.) That the cause of action arose within the jurisdiction; (b.) That the plaintiff has taken out a writ of summons against the defendant, but that the defendant is absent from the Colony, or that there is probable cause to believe that the defendant is concealing himself to evade proceedings; (c.) That the defendant is beneficially entitled to lands, or to any interest therein within the jurisdiction, or to any moneys, securities for money, goods, chattels, or other pro- perty whatsoever, within the jurisdiction, in the custody, or under the control, of any other person within the jurisdic- tion, or that such other person (hereinafter called the garnishee) is indebted to the defendant;

filed.

the Registrar may issue a writ of general attachment against all the pro- Isue of Writ. perty moveable and immoveable of the defendant within the jurisdiction, which shall be called a writ of "foreign attachment" and shall be made returnable not less than fourteen days after the date thereof except by special leave of the Court.

　　　　　　3.-Absence from the Colony shall for the purpose of proceedings by Absence from foreign attachment be taken to be absence for the time being, whether the Colony. the party shall ever have been within the Colony or not.

before Issue

4.-Before any such writ shall issue, the plaintiff, or some one on his Bond to be behalf, shall enter into a bond with one or more sufficient sureties, to be entered into approved by the Registrar, in a penal sum equal to twice the amount of of Writ. the claim, or in any less sum by special leave of the Court, the condition of which said bond shall be that in case the defendant shall, at any time within the period limited by this Ordinance in that behalf, cause the writ to be set aside, or any judgment which may be given in the suit to be

Form thereof.

Writ how executed.

Prierity of Waits.

Property in

Custody of a Public Officer, or in custodiá legis.

How Lands attached.

　　　　　Memorial to be registered.

　　　　　　　　　Cancellation thereof.

　　　　　　　　　Effect of Re. gistration of Memorial.

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CODE OF CIVIL PROCEDURE-HONGKONG.

reversed or varied, the plaintiff will pay to the defendant all such sums of money, damages, costs, and charges as the Court may order and award on account of or in relation to the said suit, and the said attachment, or either of them: Provided that the Court shall not award a larger amount of damages than it is competent to decree in an action for damages, and such award shall bar any suit for damages in respect of such at- tachment.

　　5.-The bond shall be in such form as the Court may, from time to time, or in any particular.case, approve and direct, and shall be entered into before the Registrar and deposited in Court; and whenever it shall be made to appear to the satisfaction of the Court, up n affidavit or otherwise, that under the circumstances it is expedient that the writ should issue forthwith and before the bond shall have been entered into as aforesaid, the Court may order the writ to issue accordingly, upon such terms as it shall think fit, and by the same order shall limit the time, not exceeding seven days from the date of the issue of the writ, within which the bond must be entered into and deposited as aforesaid; and in the case of default of complying with the requirements of such order within the time thereby limited, the Court may dissolve the writ, and thereupɔn may award costs and damages to the defendant in the manner hereinbefore provided in the case of a writ being set aside or a judgment in the suit being reversed or varied.

6.-All writs of foreign attachment against moveable property shall be executed by the Sheriff.

7.-Where two or more writs of foreign attachment shall issue at the suit of different plaintiffs, they shall take priority respectively according to the date and time at which they reach the hands of the Sheriff for execu- tion. The Sheriff shall indorse upon the writ the day and time of the receipt thereof.

8.-Property in the custody or under the control of any public offi- cer in his official capacity shall be liable to attachment with the consent of the Attorney-General; and property in custodiâ legis shall be liable to attachment by leave of the Court. In such cases, the writ of foreign attachment must be served on such public Officer or on the Registrar, as the case may be.

9.-Where the defendant is beneficially entitled to lands or any in- terest therein, a memorial containing a copy of the writ of foreign attach- ment shall be registered in the Land Office established under Ordinance No. 3 of 1844 in a special book to be kept for the purpose, and to be called the "Foreign Attachment Book"; and the date and time of such registration shall be duly noted and entered in the said book; and in case such writ of foreign attachment shall be dissolved, or the judgment in the suit shall be satisfied, a certificate to that effect under the hand of the Regis- trar and the seal of the Court may be filed at the Land Office, and thereupon the memorial shall be deemed to have been cancelled. The fees payable to the Land Office shall be, for the registration of such memorial one dollar; and for the filing of such certificate, one dollar; and no other fees shall be chargeable by the Land Office in respect thereof.

10. From the time of the registration in the Land Office of the memorial of a writ of foreign attachment, all lands within the jurisdiction, or any interest ther in to which the defendant mentioned in such writ is then beneficially entitled, whether solely or jointly with others, shall, to the extent of his interest therein, and subject to Crown debts and to any bonû fide prior title thereto, or lien or charge thereon, and to the rights and powers of prior incumbrancers, be attached to satisfy the claim of the plaintiff.

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attaching

11. From the time of the service upon the garnishee of a writ of Effect of Ser foreign attachment, all property whatsoever, within the jurisdiction, other vice of Writ than lands, or any interest therein to which the defendant mentioned in moveable such writ is then ben, ficially entitled, whether sol.ly or jointly with others, Property and which is in the custody or under the control of the garnishee, and all debts then due or accruing due by the garnishee, to the def ndant, shall, to the extent of the defendant's interest therein, and subject to Crown debts and to any bona fide prior title thereto, or lien or charge thereon, and to the rights and powers of prior incumbrancers, be respectively attached in the hands of such garnishee, to satisfy the claim of the plaintiff.

12.-The Court may, at any time before judginent, upon such Sale of moveable

Property by grounds as it shall deem sufficient, order any property, other than lands, brocort or any interest therein, attached under such writ, to be sold in such man- ner as it shall direct, and the net proceeds to be paid into Court.

Garnishee

perty without

　　　　　　13. Any garnishce who shall without leave or order of the Court, Punishment of at any time after the service of the writ and before the attachment shall

disposing of be dissolved, knowingly and wilfully part with the custody or control of attached Pro- any property attached in his hands, or remove the same out of the juris- Leave. diction of the Court, or sell or dispose of the same, or pay over any debt due by him to the defendant, excepting only to or to the use of the plain- tiff, shall pay such damages to the plaintiff as the Court shall award, and he shall be deemed guilty of contempt of Court: Provided that the Court shall not award a larger amount of damages than it is competent to decree in an action for damages, and such award shall bar any suit for damages in respect of such attachment.

Sheriff.

14.-In all cases where it shall be made to appear to the satisfaction Custody by of the Registrar by affidavit or otherwise that there is reasonable cause to believe that any property attached is in danger of being removed out of the jurisdiction, or of being sold, or otherwise disposed of, the Regis- trar may, by an order in writing, direct the Sheriff to seize such property and detain the same subject to the order of the Court: and the Sheriff shall thereupon seize and detain such property accordingly.

Foreign

　　　　　　15.-Notice of the issue of the writ of foreign attachment shall be Notice of inserted twice in the Gazette, and twice in some local newspaper, unless Attachment. the Court shall, by reason of the defendant having entered an appearance, or upon any other ground, dispens with the publication of such notice.

absent Defend.

16.-In cases where the place of residence of the defendant out of Notice to the jurisdiction shall be known, the Court may, if it shall think fit, upon ant may be the application of the garnishee, or of any friend or agent of the defen- ordered dant, or of its own motion, and upon such terms as it may deem reason- able, order that notice of the writ be served upon the defendant out of the jurisdiction, and that further proceedings be stayed until further order, but without prejudice to the attachment under the writ.

after Issue of

　　　　　　17. After the issue of the writ of foreign attachment (but subject Proceedings to the provisions of the last preceding paragraph) the plaintiff may forth- Writ, with file his petition, and upon such day after the return of the writ as the Court shall appoint, may proceed to establish his claim as in ordinary suit in which there has been due service of the writ of summons and leave has been obtained to proceed ex parte.

of Garnishes.

　　　　　　18.-Upon the hearing of the petition the Court shall proceed to Examination enquire and determine whether in fact the plaintiff's case is within the provisions herein contained relating to foreign attachment, and whether the plaintiff has established his claim, and shall pronounce judgment accordingly; and if the plaintiff shall obtain a judgment, the Court may, at the same or any subsequent sitting, examine, or permit the plaintiff to examine, the garnishee and any other persons, and determin what property moveable or immoveable is subject to attachment under the writ issued.

Power to summon any Person as a Witness.

Proceedings on Judgment.

Execution,

Dissolution of W rit.

Attachment of

Ships.

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19. The Court may, of its own motion, or at the instance of any person interested in the inquiry, summon any person whom it may think necessary and examine him in relation to such property, and may require the garnishee, as well as the person summoned as aforesaid, to produce all deeds and documents in his possession or power relating to such property.

　20.-If the plaintiff shall obtain judgment, the Court may, at the time of pronouncing the decree in favour of the plaintiff, or at any sub- sequent sitting, order that execution do issue against all or any of the property attached which the Court shall have declared to be liable to satisfy the plaintiff's claim, and all the provisions of this Code relating to execution of decrees in ordinary suits shall apply to execution so ordered against the said property.

21.-If the plaintiff shall fail to obtain judgment, the Court shall thereupon dissolve the writ of foreign attachment issued at his suit.

22 -Whenever there shall be two or more adverse claimants to any goods laden on board of any ship, and such ship shall be attached in a- suit against the shipowner for the non-delivery of such goods, the Court may, in its discretion, on the application of the master, or of the agent of the shipowner, stay the proceedings upon such terms as the Court shall deem reasonable, and order such goods to be landed and warehoused in custodia legis without prejudice to the master's lien thereon, and may dissolve the attachment against the ship, and may make such orders as may be necessary for the determination of the rights of such adverse claimants upon such terms, as to security and other matters, as may seem just.

23.-Whenever there shall be several claimants of any property at- perty attached. tached or to any interest therein, the Court may, in its discretion, suminon before it all the claimants and may make such orders for the ascertaining of their respective rights for the custody of the property in the mean- while as it shall, in its discretion, think fit, either under this provision, or the provisions of this Code relating to adverse claims and to claims to attached property.

Claims to Pro-

Stay of Proceed- ings against Garnisbee.

Leave to defend before Judg. ment.

Release of Pro- perty attached on Security being given.

Suit may be re-opened within Two years after Judgment.

24. The Court may stay proceedings in any suit commenced against a garnishee in respect of property attached in his hands, upon such terms as it shall think fit.

25.-The Court at any time before judgment, upon being satisfied by affidavit or otherwise that the defendant has a substantial ground of defence, either wholly or in part, to the suit on the merits, may give leave to the defendant to defend the suit, without prejudice to the attachment under the writ,

26. The defendant, at any time before any property attached in the suit shall have been sold in satisfaction of the plaintiff's claim, may apply to the Court upon notice of motion for an order to dissolve the attachment under the writ as to the whole or any part of the property attached upon security being given to answer the plaintiff's claim, and the Court may make such order, either absolutely or upon such terms as it may deem reasonable, and in the meanwhile may stay or postpone any sale.

27. The defendant may at any time within two years from the date of the judgment, notwithstanding that the property attached, or any part thereof, shall have been sold in satisfaction of the plaintiff's claim, apply to the Court upon notice of motion for an order to set aside the judgment and for the re-hearing of the suit, and for leave to defend the same; and if it shall appear to the satisfaction of the Court that the defendant had no notice or knowledge of the suit, and could not reasonably have made an earlier application to the Court, and that he had at the time of the obtaining of the judgment and still has a substantial ground of defence, either wholly or in part, to the suit on the merits, it shall be lawful for the Court to grant such order upon such terms as it may deem reasonable.

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　　　　　　28.-The reversal or setting aside of a judgment, or the dissolving Reversal of or setting aside of any writ of foreign attachment, or any subsequent to affect

Judgment proceedings, shall not affect the title of any bona fide purchaser for valuable Purchasers. consideration of any property sold in satisfaction of the plaintiff's claim.

CHAPTER XIV.

Claims against the Government.

LXXXIII.-All claims against the Government of the Colony of the Iu what Caser

may be prefer- same nature as claims within The provisions of "The Petitions of Right red-In what Act, 1860," may, with the consent of the Governor, be preferred in the Form. Supreme Court, in a suit instituted by the claimant as plaintiff against "The Attorney-General " as defendant.

menced by

2.-It shall not be necessary for the plaintiff to issue a writ of To be com summons, but the suit shall be commenced by the filing and service of the Petition. petition upon the Crown Solicitor.

Governor-

3.-The Crown Solicitor shall transmit the petition to the Govern- Consent of ment, and in case the Governor shall grant his consent as aforesaid, the Procedure suit may proceed and be carried on under the ordinary procedure provided thereon. by this Code.

4. The petition and all other documents, notices, or proceedings, Service of which, in a suit of the same nature between private parties would be Petition, &e. required to be served upon the defendant, shall be served upon the Crown Solicitor.

Decreo.

　　　　　　5.-Whenever in any such suit a decree shall be made against the Proceedings on Government, no execution shall issue thereon, but a copy of such decree under the seal of the Court shall be transmitted by the Court to the Government.

CHAPTER XV.

Summary Procedure on Bills of Exchange and Promissory Notes.

　　　　　　LXXXIV.-Suits on Bills of Exchange or Promissory Notes, in- In what Cases. stituted within six months after the sime become due and payable, may be heard and determined in a summary way as hereinafter is provided.

2. The Court shall, on application, within seven days from the service Leave to defend of the writ of summons, give the defendant leave to defend the suit on his paying into Court the sum indorsed, or on evidence on oath showing to the satisfaction of the Court a god legal or equitable defence, or such facts as would make it incumbent on the holder to prove consideration, or such other facts as the Court deems sufficient to support the applica- tion, and on such terms as to security and other matters, as to the Court seems fit; and in that case the Court may direct proceedings to be taken and carried on by petition in the ordinary way.

where Leave

3.-If the defendant does not so obtain leave to defend, the plaintiff, Proceedings on proof of due s rvice of the writ of summons, shall be entitled as of not obtained. course at any time after the expiration of such seven days, to an immediate absolute decree for any sum not exceeding the sum indorsed on the writ of summons, together with interest at the rate specified, to the date of the judgment, and with costs.

judgment.

4.-After judgment the Court may, under special circumstances, set Setting aside aside the judgment, and may stay or set aside execution, and may give leave to defend the suit, if it appears to the Court reasonable so to do, on such terms as to the Court may seem just.

in Court.

5.--In any proceeding under this section, it shall be competent to the Deposit of Bi Court. to order the bill or note sought to be proceeded on to be forthwith Becurity for deposited in Court, and further to order that all proceedings be stayed Costs. until the plaintiff gives security for costs.

　　　　　　Holder s Jexpenses of moting, &c.

One Writ against all Parties.

Writ must set forth Claim

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CODE OF CIVIL PROCEDURE-HONGKONG.

6.-The holder of a dishonoured bill or note shall have the same remedies for the recovery of the expenses incurred in the noting of the same for non-acceptance or non-payment, or incurred otherwise by reason of the dishonour, as he has under this section for the recovery of the amount of the bill or note.

7.--The holder of a bill or note may, if he thinks fit, obtain one writ of summons under the present provisions against all or any of the parties to the bill or note; and such writ of summons shall be the commencement of a suit or suits against the parties therein named respectively; and all subsequent proceedings against such respective parties shall be carried on, as far as may be, as if separate writs of summons had issued.

8.-The writ of summons or its indorsement must set forth the with Precision. claims against the parties respectively, according to their respective al- leged liabilities, with sufficient precision and certainty to enable each defendant to set up any defence on which he individually may desire to rely.

Kandamus may be claimed by indorsement on the Writ,

What fre

Petition should set forth.

Froceedings

thereon.

Judgmcat and Execution,

Form of Writ.

Retain of

Court may

done at tho Expense of the Defendant.

CHAPTER XVI.

Mandamus.

LXXXV. The plaintiff in any action except Replevin and Ejectment, may indorse upon the writ and copy to be served, a notice that the plain- tiff intends to claim a writ of Mandamus, and the plaintiff may thereupon claim in the petition either together with any other demand which may now be enforced in such action, or separately, a writ of Mandamus, com- manding the defendant to fulfil any duty in the fulfilment of which the plaintiff is personally interested.

2. The petition in such action shall set forth sufficient grounds upon which such claim is founded, and shall set forth that the plaintiff is personally interested therein, and that he sustains, or may sustain, damage by the non-performance of such duty and that performance thereof has been demanded by him, and refused, or neglected.

.3.-The proceedings in any action in which a writ of Mandamus is claimed shall be the same in all respects, as nearly as may be, as in au ordinary action for the recovery of damages.

4. In case judgment shall be given for the plaintiff that a Mandamus do issue, it shall be lawful for the Court, if it shall see fit, to issue a peremptory writ of Mandamus to the defendant commanding him forth- with to perform the duty to be enforced, and such writ in case of dis- obedience may be enforced by attachment.

5. The writ of Mandamus need not contain any recitals, but shall simply command the performance of the duty, and in other respects shall be in the form of an ordinary writ of execution, except that it shall be directed to the party and not to the Sheriff, and returnable forthwith; and no return thereto, except that of compliance, shall be allowed, but time to return it may, upon sufficient grouuds, be allowed by the Court, either with or without terms.

6. The Court may, upon application by the plaintiff, besides or ords: Act to be instead of proceeding against the disobedient party by attachment, direct that the acts required to be done may be done by the plaintiff, or some other person appointed by the Court, at the expense of the defendant; and upon the act being done, the amount of such expense may be ascer- tained by the Court itself, or by reference to the Registrar, as the Court may think fit to order; and the Court may order payment of the amount of such expenses and costs, and enforce payment thereof by execution.

CODE OF CIVIL PROCEDURE-HONGKONG.

CHAPTER XVII.

Suits in Forma Pauperis.

153

or defend,

LXXXVI.-Any poor person, before commencing or defending any How Person action or suit in the Court in his own right or becoming poor during the admitted to sus progress thereof, may apply to the Court by petition for leave to sue or defend as a pauper, which petition shall be supported by an affidavit of the petitioner, and of two householders living in his neighbourhood, that he is not possessed of property to the amount of fifty dollars in value, excepting wearing apparel and the matter or thing claimed by him in the action or suit if he be plaintiff, and thereupon it shall be referred to a barrister to consider the case; and upon the petitioner producing a certi- ficate, signed by such barrister, that he has considered the case, and believes him to have a good cause of action or defence, as the case may be, it shall be lawful for the Court to admit the petitioner to sue or defend, as the case may be, in forma pauperis; and also to appoint a barrister and attorney to appear for him.

　　　　　　　2.-No person shall be admitted to sue in formû pauperis unless he Affidavit of shall have filed in Court an affidavit containing a full statement of all the material Facts. material facts of the case to the best of his belief.

3.-If in any case the Court thinks fit to assign a counsel or attorney Counsel and

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Attorney to assist a person admitted to sue or defend in formâ pauperis, or to con- assigned boun sider the case and give such certificate as aforesaid the counsel or attorney to act. so assigned may not refuse his assistance, unless he satisfies the Court that he has some good reason for refusing.

Reward shall:

　　　　　　　4.-No fee shall be taken by any barrister or attorney so assigned, No Fee or nor shall any fees of Court be demanded by any officer of the Court from be given by any person applying or admitted to sue or defend as a pauper; but if he Pauper. succeed, and the costs should be awarded to be paid by his opponent, then the barrister and the attorney so assigned, shall be entitled to and shall receive all such fees as the Registrar of the Court shall allow to them on taxation, and such Court fees as would, in other cases, be chargeable shall be charged and recovered.

so suing may

5.-Any person having been admitted to sue or defend as a pauper When Person, and becoming of ability during the progress of the cause, or misbehaving to dispauperee himself therein by any vexatious or improper conduct or proceeding, or wilfully delaying the cause, shall, on the same being shown to the Court, be deprived of all the privileges of such admission.

PART V.

PROCEEDINGS BY AGREEMENT OF PARTIES.-ARBITRA- TION. MISCELLANEOUS PROVISIONS.

CHAPTER XVIII.

Issues by Agreement of Parties.

thereon,

LXXXVII.-When the parties to a suit are agreed as to the question Form of, and or questions of fact or of law to be decided between them, they may state Proceedings. the same in the form of an issue, and enter into an agreement in writing, which shall not be subject to any stamp duty, that upon the finding of the Court in the affirmative or the negative of such issue, a sum of money specified in the agreement, or to be ascertained by the Court upon a ques- tion inserted in the issue for that purpose, shall be paid by one of the parties to the other of them, or that upon such finding some property specified in the agreement, and in dispute in the suit, shall be delivered by one of the parties to the other of them, or that upon such finding one or more of the parties shall do or perform some particular act, or shall refrain from doing or performing some particular act, specified in the agreement, and having reference to the matter in dispute.

Judgment.

Form and Con-

ment.

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CODE OF CIVIL PROCEDURE-HONGKONG.

　　2. If the Court shall be satisfied, after an examination of the parties and taking such evidence as it may deem proper, that the agreement was duly executed by the parties, and that the parties have a bona fide interest in the decision of such question, and that the same is fit to be tried and decided, it may proceed to try the same, and deliver its finding or opinion thereon in the same manner as if the issue had been framed by the Court, and may, upon the finding or decision on such issue give judgment for the sum so agreed on, er so ascertained as aforesaid, or otherwise according to the terms of the agreement; and upon the judgment which shall be so given, decree shall follow and may be executed in the same way as if the judgment had been pronounced in a contested suit.

How Questions may be raised for the Decision of the Court by any persons interested.

LXXXVIII. Parties interested or claiming to be interested in the tents of Agree- decision of any question of fact or law, may enter into an agreement,

which shall not be subject to any stamp duty, that upon he finding of the Court in the affirmative or negative of such question of fact or law, a sum of money fixed by the parties, or to be determined by the Court, shall be paid by one of the parties to the other of them; or that some property, move- able or immoveable, specified in the agreement shall be deliv red by one of the parties to the other of them; or that one or more of the parties shall do or perform some particular net or shall refrain from doing or perf. rming some particular act specified in the agreement. Where the agreement is for the delivery of some property, moveable or immoveable, or for the doing or performing or the refraining to do or perform any particular act, the estimated value of the property to be delivered, or to which the act specified may have reference, shall be stated in the agreement. 2.--The agreement shall be filed in Court, and, when so filed, shall be numbered and registered as a suit between the parties interested as plain- tifis and defendants, and all the parties to it shall be subject to the jurisdic- tion of the Court, and shall be bound by the statement contained therein.

Agreement to be filed and numbered as a Suit.

Judgment.

Application for Order of Reference.

Appointment

of Arbitrators

　　3. The case shall be set down for hearing as an ordinary suit; and if the Court shall be satisfied, after hearing the parties and tak ng such evidence as it may deem proper, that the agreement was duly executed by the parties, and that they have a bona fide interest in the question of fact or law stated therein, and that the sam is fit to be tried or decided, it shall proc ed to try the same, and deliver its finding or opinion thereon in the same way as in an ordinary suit; and shall upon its finding or deciding upon the question of fact or law, give judgment for the sum fixed by the parties, or so ascertained as aforesaid, or otherwise, according to the terms of the agreement, and upon the judgment which shall be so g`ven, decree shall follow and may bexecuted in the same way as if the judgment had been pronounced in an ordinary su.t.

CHAPTER XIX. Reference to Arbitration.

　　LXXXIX.-If the parties to a suit are desirous that the matters in difference between them in the suit, or any of such matters, shall be referred to the final decision o. one or more arbitrator or arbitrators, they may apply to the Court at any time before final judgment for an order of reference, and such order shall be filel with the proceedings in the s it.

2. The arbitrators shall be nominated y the parties in such maner as may be agre d upon between them. If he parties cannot agree wi h respect to the nomination of the arbitrators, or if the persons nominated by them shall r fuse o accept the arbitration, and the parti s are desirous. that the nomination shall be made by the Court, the Court shall appoint the arbitrators.

CODE OF CIVIL PROCEDURE, HONGKONG.

155

3.-The Court shall, by an order under its seal, refer to the arbitrators Order of the matters in difference in the suit which they may be required to deter- Reference. mine, and shall fix such time as it may think reasonable for the delivery of the award, and the time so fixed shall be specified in the order.

4. If the reference be to two or more arbitrators, provision shall be Appointment

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　of Umpire made in the order for a difference of opinion among the arbitrators, by the where neces- appointment of an umpire or by declaring that the decision shall be with sary. the majority, or by empowering the arbitrators to appoint an umpire, or otherwise, as may be agreed upon between the parties; or if they cannot agree, as the Court may determine.

Attendance of

5. When a reference is made to arbitration by an order of Court, Enforcing the same process to the parties and witnesses whom the arbitrators, or Witnesses. umpire, may desire to have examined, shall issue as in ordinary suits; and persons not attending in compliance with such process, or making any other default, or refusing to give their testimony, or being guilty of any contempt to the arbitrators, or umpire, during the investigation of the suit, shall be subject to the like disadvantages, penalties and punishment, by order of the Court on the representation of the arbitrators or umpire, as they would incur for the same offences in suits tried before the Court.

6.--When the arbitrators shall not have been able to complete the Extension of award within the period specified in the order from want of the

Time for making necessary

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Award. evidence or information, or other good and sufficient cause, the Court may, from time to time, enlarge the period for delivery of the award, if it shall think proper. In any case in which an umpire shall have been appointed, it shall be lawful for him to enter on the reference in lieu of the arbitrator, if they shall have allowed their time, or their extended time, to expire without making an award, or shall have delivered to the Court, or to the umpire, a notice in writing stating that they cannot agree: Provided that an award shall not be liable to be set aside only by reason of its not having been completed within the period allowed by the Court, unless on proof that the delay in completing the award arose from misconduct of the arbitrators, or umpire, or unless the award shall have been made after the issue of an order by the Court superseding the arbitration and recalling the suit.

　　　　　　7.-If, in any case of reference to arbitration by any order of the Court, Power of Court the arbitrators, or umpire, shall die, or refuse or become incapable to act, it in Case of Death,

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Incapacity, er shall be lawful for the Court to appoint a new arbitrator or arbitrators, or Refusal to act. umpire, in the place of the person or persons so dying or refusing or becoming incapable to act. Where the arbitrators are empowered by the terms of the order or reference to appoint an umpire, and do not appoint an umpire, any of the parties may serve the arbitrators with a written notice to appoint an umpire; and if within seven days after such notice shall have been served no umpire be appointed, it shall be lawful for the Court, upon the application of the party having served such notice as aforesaid and upon proof to its satisfaction of such notice having been served, to appoint an umpire. In any case of appointment under this section, the arbitrators or umpire so appointed shall have the like power to act in the reference as if their names had been inserted in the original order of reference.

　　　　　　8.-It shall be lawful for the arbitrators or umpire upon any reference Special Case by an order of Court, if they shall think fit, and if it is not provided to the Court.

for Opinion o the contrary, to state their award as to the whole or any part thereof in the form of a special case for the opinion of the Court.

9. The Court may, on the application of either party, modify or Court may

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　modify or correct an award where it appears that a part of the awards is upon matters correct Award. no referred to the arbitrators, provided such part can be separated from the other part and does not affect the decision on the matter referred ; or

Fower as to Costs.

Power of Court

for Reconsi-

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CODE OF CIVIL PROCEDURE-HONGKONG.

where the award is imperfect in form or contains any obvious error which can be amended without affecting such decision. The Court may also, on such application, make such order as it thinks just respecting the costs of the arbitration, if any question arise respecting such costs and the award contain no sufficient provision concerning them.

10. In any of the following cases the Court shall have power to remit to remit Award the award or any of the matters referred to arbitration for reconsideration by the arbitrators or umpire, upon such terms as it may think proper, that is to say :-

deration.

Setting aside

Award.

Filing Award- Effect of.

　　　　　　　Reference by private Agree-

ment.

　　　　　　　Application to file.

Proceedings thereon.

　　　　　　　　　Arbitration without the Intervention

of the Court.

file Award.

(a.) If the award has left undetermined some of the matters referred to arbitration, or if it has determined matters not referrred to arbitration;

(b.) If the award is so indefinite as to be incapable of execution; (c.) If an objection to the legality of the award is apparent upon

the face of the award.

　11.-No award shall be liable to be set aside except on the ground of perverseness or misconduct of the arbitrator or umpire. Any application to set aside an award shall be made within fifteen days after the publica- tion thereof.

　12. If no application shall have been made to set aside the award, or to remit the same, or any of the matters referred for reconsideration, or if the Court shall have refused any such application, either party may file the award in Court and the award shall thereupon have the same force and effect for all purposes as a judgment.

　13. When any persons shall by an instrument in writing agree that any differences between them, or any of them, shall be referred to tho arbitration of any persons named in the agreement, application may be made by the parties thereto, or any of them, that the agreement be filed in Court. On such application being made, the Court shall direct such notice to be given to any of the parties to the agreement, other than the applicants, as it may think necessary, requiring such parties to show cause, within a time to be specified, why the agreement should not be filed. The applica- tion shall be nuinbered and registered as a suit between the parties in- terested as the plaintiffs and defendants. If no sufficient cause be shown against the filing of the agreement, the agreement shall be filed and an order of reference to arbitration shall be made thereon. The several visions of this chapter, so far as they are not inconsistent with the terms of any agreement so filed, shall be applicable to all proceedings under the order of reference and to the award of arbitration and to the enforcement of such award.

pro-

14. When any matter has been referred to arbitration without the intervention of the Court and awar l has been made, any person interested in the award may, within six months from the date of the award, make Application to application to the Court that the award be filed in Court. The Court shall direct notice to be given to the parties to the arbitration other than the applicant, requiring such parties to show cause, within a time to be specified, why the award should not be filed. The application shall be number d and registered as a suit between the applicant as plaintiff and the other par ies as defendants. If no suffici nt cause be shown against the award the award shall be filed, and shall thereupon have the same force and effect for all purposes as a judgment.

Proceedings thereon.

Effect thereof,

　　　　　　　　　General Powers of Court

CHAPTER XX.-MISCELLANEOUS PROVISIONS.

Adjournment.

　XC.-Nothing in this Code shall affect the power of the Court to defer or adjourn the hearing or determination of any suit, matter, pro- ceeding, or application, for such time and on such terms as justice requires.

CODE OF CIVIL PROCEDURE-HONGKONG.

Amendment.

157

　　　　　　XCI.--Nothing in this Code shall affect the power of the Court to General order or allow any amendment of any writ, petition, answer, notice, or other Powers of document whatever, at any time on such terms as justice requires.

Power of Court as to Time.

Court.

　　　　　XCII.---Nothing in this Code shall affect the power of the Court to Enlargement or enlarge or abridge the time appointed or allowed for the doing of any act, Abridgment. or the taking of any proceeding on such terms as justice requires.

after Expira

allowed.

　　　　　　2. Where the Court is by this Code, or otherwise, authorised to May be granted appoint the time for the doing of any act, or the taking of any proceedings, tion of me or to enlarge the time appointed or allowed for that purpose by this Code, previously or otherwise, the Court may further enlarge any time so appointed or enlarged by it on such terms as seem just, whether the application for further enlargement be made before or after the expiration of the time already allowed: Provided that no such further enlargement shall be made unless it appears to the Court to be required for the purposes of justice and not sought merely for delay.

Computation of Time.

How to be

　　　　　　XCIII. Where by this Code, or any special order, or the course of the Court, any limited time from or after any date or event is appointed made. or allowed for the doing of any act or the taking of any proceeding, and such time is not limited by hours, the computation of such limited time shall not include the day of such date or of the happening of such event, but shall commence at the beginning of the next following day, and the act or proceeding must be done or taken at latest on the last day of such limited time, according to such computation.

　　　　　　2.--Where the limited time so appointed or allowed is less than six Sundays and days, the following days shall not be reckoned in the computation of such Holidays. time; namely:-Sunday, Good Friday, Monday and Tuesday in Easter week, Christinas Day, and the day next before and the next after Christmas Day, and any public holiday or day set apart as a fast or thanksgiving day.

　　　　　　3.-Where the time for the doing of any act or the taking of any Time expiring proceeding expires on one of the days last-mentioned, the act or proceeding on a Sunday or

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Holiday. shall be considered as done or taken in due time if done or taken on the next day afterwards that is not one of the last-mentioned days.

Time in Case

　　　　　　4.-The day on which an order that a plaintiff do give security for costs is served, and the time thenceforward until and including the day on of security for which such security is given, shall be reckoned in the computation of the time allowed to a defendant for putting in answer.

Costs by Plain-

tiff.

5. The period of vacation of the Supreme Court shall not be included Period of in the computation of time except by leave of the Court.

Power of Court as to Costs.

Vacation not to count.

　　　　　　XCIV. The costs of the whole suit and each particular proceeding Discretion of therein, and of ever proceeding be ore the Court, shall be in the discretion Court. of the Court; and the Court shall have full power to award and apportion costs in any manner it may deem proper.

included in

Coats.

2. Under the denomination of "costs are included the whole of the What shall be expenses necessarily incurred by either party on account of the suit, and in enforcing the decree made therein, such as the expense of summoning the parties and witnesses, and of other process, or of procuring copies of documents, law costs, costs of special juries, charges of witnesses, and ex- penses of commissioners either in taking evidence or in investigating accounts,

　　　　　　　3. Until a new scale of Court fees and fees and costs o counsel and Amount of attorney shall have been provided for use under this Ordinance by any of Fees and general rule or order of the Supreme Court, or otherwise, and so far as any land such new scale may be incomplete, a 1 questions relating to the amount of att res pend such fees and costs shall be referred to the Registrar, who is hereby new

Court Fees and

Costs of

ing Issue of

oile.

General Powers of Court as to Becurity for Costa.

Power of Court

to stay Pro- ceedings until entered

Bealing and Return of Documents.

In Government Gazette.

Application of present Forms.

By Resolution ⚫f Council.

Proclamation.

158

CODE OF CIVIL PROCEDURE-HONGKONG.

empowered to determine the same on taxation, either with or without reference to the existing scale, having regard to the skill, labour, and responsibility involved, subject nevertheless to a review of such determina- tion on summary application to the Court in chambers; and the payment of the costs allowed on such taxation or review may be enforced in the same manner as if the same had been fixed by any such general rule or order.

any

4. The Court may, if in any case it deems fit, require any party to any suit or proceeding, either at the commencement or at

　　　　　　　　　　　　　　　　　　　　　　　　　　　time during the progress thereof, to give security for costs to the satisfaction of the Court by deposit or otherwise; and in the case of a plaintiff, may stay proceedings until such security be given.

Cross Action against absent Plaintiffs.

XCV. Whenever a suit shall be instituted by a plaintiff residing out of the jurisdiction, and it shall be made to appear on oath or affidavit to the satisfaction of the Court that the defendant has a bona fide claim against such plaintiff which can be conveniently tried by the Supreme Court, it shall be lawful for the Court in its discretion to stay proceedings in the suit so instituted by the absent plaintiff until he shall have entered an appearance to any cross-act on instituted by the defendant against the absent plaintiff in respect of such claim, upon such terms as justice requires.

Seal of Court.

XCVI.--Every writ, summons, warrant, decree, rule, order, notice and other document issuing from the Court shall be sealed with the seal of the Court, and be returned for the purpose of being filed in Court.

Publication of Notice.

XCVII. In all cases in which the publication of any notice is re- quired, the same may be made by advertisement in the Gazette, unless otherwise provided in any particular case by this Code, or otherwise ordered by the Court.

Forms.

XCVIII. Until special forms shall be prescribed for use under this Code, by any general rule or order of Court, and so far as the same may be incomplete, all forms at present in use in the Supreme Court, with such variations and additions as may be required to be made therein, may be used for the purpose of carrying out the provisions of this Code and shall, as regards the form thereof, be valid and sufficient.

Amendment of Code.

XCIX. Any amendment in the provisions of this Ordinance, whether by way of repeal, variation, substitution, or addition, may, if deemed expedient, be made by a resolution of the Legislative Council, to be published in the Gazette; and every amendment so made and published shall have the same force and effect for all purposes as if the same had been made by Ordinance, and shall in like manner come into immediate operation, subject to disallowance by Her Majesty.

Commencement of Ordinance.

C. This Ordinance shall commerce and take effect on such day as shall hereafter be fixed by proclamation under the hand of the Governor.

COURT FEES.

[SCALE PREPARED IN 1884, BUT NOT FINALLY APPROVED.]

ORIGINAL JURISDICTON.

SCHEDULE I.

On Sealing a Warrant to Bailiff to arrest either a Person or a Ship, or to hold to Bail

Service of same

On Sealing every Writ of Summons for commencement of a Suit (except a concurrent,

renewed, or amended Writ), and on Sealing a Writ of Injunction, Certiorari, Man- { $ 3.00 damus or Habeas Corpus

Interploader Summons

Service on each Defendant...

On Sealing a Concurrent, renewed, or amended Writ of Summons...

a Subpoena

...

" For each Witness in addition to the first On Entering an Appearance (each Defendant) Certificate of Non-appearance...

...

2.00

1.00

0.50

***

1.00

...

1.00

10.00

1.00

On Sealing a Writ of Execution (Interim Attachment of Property), or Writ of Possession

a Prohibitory Order

10.00

5.00

Each Copy...

under Seal

Withdrawing Same

...

Settling Bond

Filing Same

...

•

1.00

...

2.00

Bailiff for each Service...

On Sealing a Writ of Foreign Attachment

Certificate of Cancellation of Memorial (Sec. XXXII, Sub-sec. 9)... Registrar's Order for Custody of Property (Do.,

For Filing Petition and Sealing Copy

...

1.00

...

1.00

...

10.00

...

2.00

...

1.00

...

3.00

do.

14)

...

3.00

...

***

4.00

Amended Petition and Seal

Answer and Sealing Copy

Amended Answer and Seal

Petition for leave to Appeal...

...

a Petition of Right or Special Case... issues for Settlements

issues under Sec. LXXXVII of Code Agreement under LXXXVIII

Counterclaim and Copy (Sec. XXXVII) Special Answer and Copy (Sec. XXXVIII)

For Striking and reducing Special Jury.

Common Jury

For Copy Panel and Sealing

...

(Service $1 on each Juror).

...

2.00 4.00

2.00 10.00

5.00

2.00

10.00

...

20.00

4.00

5.00

...

For Taking or Administering any Oath, Affidavit, or Declaration in the Supreme Court }

Outside of the Court House

...

•

...

　　　　　　　And in Addition for every Exhibit Referred to whether Annexed or not For Settling every Bond as security for Costs For Every Report of Registrar or Certificate Order of Reference under Sec. LXIV

...

***

...

***

3.00

1.00

5.00

...

0.50

...

5.00

...

6.10

5.00

Filing Same

***

1.00

5.00

Filing Same

•

...

1,00

For Every Witness Examined by Registrar or other officer in the Supreme Court House.....

2.00

...

Order of Reference under Sec. LXXXIX

...

200

...

160

COURT FEES.

Taking Evidence outside the Registry, per day or part of a day Commission to examine Witnesses and Seal

...

For every attendance by the Registrar or other Officer outside of the Supreme Court House Attendance of any Officer of Court to give Evidence in a Suit, or to produce any Record, Į

file in Bankruptcy or Probate Matter

For every examination of the Judgment Debtor under Sec. LXIX Order quashing Conviction of Magistrate (Appellate Jurisdiction) Filing Notice to Admit Documents of Facts (Sec. LIX) Notice of Withdrawal of a Suit (Sec. LXVI)

Filing Motion Paper

...

For every Search in the Registry for each File or Document Referred to or Required Filing every Bill of Sale Affidavit...

Petition to enter Satisfaction...

...

***

...

Copy of any Document made in the Registry, certified per folio... If under Seal On taking an account of a Receiver, Guardian, Consignee, Bailee, Manager, Provincial Official or Voluntary Liquidation; or of an Executor, Administrator, Trustee, Agent, Solicitor, Mortgagee, Execution Creditor or other person liable to account. If the amount exceeds $1,000 for every hundred or fraction of a $100 received

Where the amount received does not exceed $4,000 ...

Release of Ship under Sec. XIX of Code

Release of Defendant or Property

.$ 15.00

5.00

3.00

5.00

10.00

...

1.00

0.50

1.50

1.00

...

0.25

1.00

0.25

10.00

5.00

2.00

Application for review of Judgment or for a new Trial...

2.00

Filing Consent

1.00

Issuing Judge's Summons, Interpleader Summons, Ex-parte application, Notice to show

cause against Execution, Notice of Motion

Trial Fee or Drawing up and Filing a Judgment or a Decree or Decretal Order whe- ther on the Original Hearing of a Suit or on further Consideration, including any Order of the Full Court and including Judgment in default of appearance, and entering for Hearing...

2.00

10.00

Drawing up and entering any other Order whether made in Court or at Chambers For Filing any Document not hereinbefore referred to For Sealing any Document not hereinbefore referred to Signing Appointment to Tax Bill of Costs...

On Taxing every Bill of Costз, for every $100 allowed

2.00

0.50

1.00

0.50

2.00

If Bill of Costs at $100 or under

POUNDAGE. For every Arrest or Seizure in Execution, 2 per cent. on the first $500

and 1 per cent. on every $100 or fractional part thereof above $500

SCHEDULE II.-Fees in Bankruptcy.

Filing Debtor's Petition and Sealing

Creditor's

Schedule, Oath and Sealing

Examination of Petition or Schedule

Report of Registrar ...

...

Filing Twelve Months' Account, including Affidavit... Hearing (in Court) Petition or Debtor

Order of Adjudication, including Seal and Copy...

Any other Order of Court under Seal

Order of Discharge (2 Sealed Copies)

Extra Sealed Copy

Order Annulling Bankruptcy... Appointment of Assignee (each)...

Filing and Swearing Assignee's Account...

Proof Debt and Exhibit

Possession, each man, per day...

Service of Subpoena or Order...

Subpana and Copy

...

Certified Copy of Documents per folio

Seal, if required to each Document

...

Registrar's Order to Messenger to take Possession Advertisement, Preparing

Commission of Official Assignee...

***

...

10.00

5.00

3.00

2.00

...

2.00

...

2.00

10.00

2.00

10.00

5.00

10.00

3.00

2.00

1.00

0.50

0.25

1.00

1.00.

...

***

1.00

...5 per cent.

...

Consignment (including remitting)

SCHEDULE III.-Fees in Probate.

...

•

...

•

...

Filing every Petition for Probate or Letters of Administration including Affidavit... For every Citation

...

2.00

...

1.00

For every Caveat

Commission of Appraisement

For every Grant of Probate or Letters of Administration

Judge's Order for same

Filing Bond...

For every Exemplification of Will,

Translation

COURT FEES.

161

1.00

5.00

2.00

1.00

per folio

0.25

1.00

0.50

Swearing Party to Account or Inventory...

as Claim...

Every Affidavit......

Exhibit Annexed thereto

For every Search

...

Commission of Official Administrator

of Appraiser on Money, Houses, Lands and Shares...

On Goods, (Furniture, &c.)

If the Probate Matter is under $50

From $50 to $200...

5 per cent.

...1

no Fees.

half the above Fees.

Probate Duty

Do., under $500

***

2 per cent.

...

exempt.

Writ of Summons

Decree or Order, including Hearing...

Writs of Execution, Interim Attachment, and Warrant of Arrest... Order of Release from Gaol...

Order of Reference, Arbitration or De bene esse Examination... Filing Special Defence, Set Off or Affidavits...

Ex-parte Application...

Order thereon...

...

Fees in Cases above $50 and up to $100.

...

SUMMARY JURISDICTION.

SCHEDULE IV.-Fees in Cases at and under $50.

Writ of Summons (Claim not exceeding $10)

Do.,

Do.

do. $20).

Do.,

Do.

do.

$30)

Do.,

Do.

do.

$40)...

Do.,

Do.

do.

$50)

Interpleader Summons...

Subpoena aud Copy

...

$ 0.80

0.90

1.00

1.10

1.20

(same scale as above)

0.50

0.25

3.00

0.25

0.50

0.25

0.50

...

0,50

1.50

　　　　　　　Do., if more than one Defendant, each additional Copy Interpleader Summons

...

0.25

...

(same scale as above)

Subpoena and Copy

...

0.75

Each Witness over one .....

Decree or Order, including Hearing...

Writ of Execution

Warrant of Arrest, Interim Attachment, Foreign Attachment...

Prohibitory Order and Copy

...

0.50

...

0.50

...

***

3.50

2.00

...

2,00

***

Do.

each Additional Copy...

Order of Release from Gaol

...

***

Filing Special Defence, Set Off or Affidavit

...

Ex-parte Application...

...

Judge's Order thereon...

0.50

***

督察

0.50

...

0.50

...

***

...

***

...

1.00

4.0

Filing Bond

***

Order for Costs, Dismissal, Reference, Arbitration or De bene esse Examination Copies of Proceedings, per folio

Judge's Summons

For the Possession of Tenements of whatever value and up to $1,000, the above Fees to

be charged.

...

0.50

...

***

...

0.10

...

1.00

0.50

Writ of Summons and Copy...

Do.

Subpoena and Copy...

Each Witness over one

Filing Special Defence, Set Off or Affidavit

Ex-parte Application...

Judge's Order thereon...

Fees in cases over $100 and up to $500.

...

100

each Additional Copy

Interpleader Summons

2,50

***

...

0.50

...

...(same scale as above)

...

1.00

...

***

0.50

...

0.50

...

***

...

0.50

...

***

...

2.00

Do.

Summons

2.00

162

COURT FEES.

Hearing and Adjudicating (Claim not exceeding $200)

...$ 1.90

　　　　　Do. Do. Do.

do. do.

do.

Do. Do. Do.

dɔ.

do.

$300) $400)

2.00

...

3.00

...

do. $500)

...

4.00

Order for Costs, Decree, Dismissal, Reference or De bene esse Examination... Writ of Execution, at and under $250

1.00

...

4.00

...

100

Do.,

do. $500...

5.00

...

Warrant of Interim Attachment of Property or Warrant of Arrest..... Prohibitory Order and Copy

...

2.00

...

2.00

Each Additional Copy

1.00

...

Filing Award

...

1.00

Judge's Summons

2.00

Filing Bond

1.00

Fees in cases over $500 and up to $1,000.

Writ of Summons and Copy

3.00

...

Do.

each Additional Copy

...

0.50

Interpleader Summons.......

(same scale as above).

Subpoena and Copy

1.00

Each Witness over one

0.50

Filing Set Off or other Defence

1.00

Filing every Affidavit

***

...

0.50

Decree or Order for Costs, Dismissal, Reference, Arbitration or De bene esse Examination. Hearing and Adjudicating (Claim over $500 and up to $750)

2.00

...

5.00

Do.

(Do.

$750 do. $1,000)

...

Ex-parte Application

...

***

6.00

2.00

Judge's Order thereon...

Judge's Summons

100

...

***

...

2.00

...

2.00

Do.

...

Filing Award...

Filing Bond

...

***

...

Writ of Execution (Claim over $500 and up to $750) (Do. $750 do. $1,000)

Warrant of Interim Attachment of Property, Warrant of Arrest Prohibitory Order and Copy...

Each Additional Copy

Copies of Proceedings, per folio

***

...

***

...

When Pleadings Ordered, or any Document not provided in above Scale, half Fees of

Original Jurisdiction to be charged.

1.00

...

6.00

...

7.00

...

2.00

...

••

...

2.00

***

...

1.00

...

***

0.10

...

1.00

Affidavit and Filing

Order thereon

...

•

Filing Bond

Foreign Attachment.

...

0.50

1.00

...

1.00

Do..

Writ of Foreign Attachment and Copy (one Garnishee)

Each Additional Garnishee...

Do.

...

Stamp Duty on Foreign Attachment Bonds.

In every Case at $500 and up to $1,000 at $250 do. $ 500 under $250

When in Possession, per diem.. (To be paid in advance)

...

***

3.00

...

1.00

...

5.00

2.50

1.00

Bailiff.

1.00

Scale of Maintenance for Debtor in Gaol.

Chinese Debtors, per diem...

0.12 | Debtors other than Chinese...

0.25

CHARTER OF THE COLONY OF HONGKONG.

Letters Patent passed under the Great Seal of the United Kingdom, constituting the office of Governor and Commander-in-chief of the Colony of Hongkong and its dependencies.

Victoria, by the Grace of God of the United Kingdom of Great Britain Dated 19th Jan- and Ireland, Queen, Defender of the Faith, Empress of India: To all uary, 1888. to whom these Presents shall come, Greeting:

　　　　　　　Whereas, by our Charter under the great seal of our United Kingdom Preamble. of Great Britain and Ireland, bearing date at Westminster the fifth day Reci es Charter of April, 1843, we did erect our Island of Hongkong and its dependencies of5th April, 1819. into a separate Colony, to be known and designated as the Colony of Hong- kong, and did make provision for the Government of our said Colony:

February, 1861. .

And whereas by our Order in our Privy Council, bearing date the Recites Order in fourth day of February, 1861, in the twenty-fourth year of our reign, it was ordered that the Kowloon district therein described should be part and parcel of our said Colony:

Patent of 9th

And whereas we did, by certain Letters Patent under our said great Recites Letters seal, bearing date at Westminster the ninth day of April, 1877, constitute, April, 1877. order, and declare that there should be a Governor and Commander-in- chief in and over our Colony of Hongkong and its dependencies:

　　　　　　And whereas we are minded to make further provision for the govern- ment of our said Colony :

and Lettera Pat-

　　　　　　　Now we do by these presents revoke our said Charter and our said Revokes Charter Letters Patent, but without prejudice to anything lawfully done there- ent recited. under.

II. We do declare that there shall be a Governor and Commander- Office of Gover

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　nor constituted. in-chief in and over our Colony of Hongkong and its dependencies (herein- after called the Colony), and that appointments to the said office shall be made by Commission under our sign manual and signet.

powers and

III. We do hereby authorize, empower, and commaand our said Go- Governor's vernor and Commander-in-chief (hereinafter called the Governor) to do authorities. and execute all things that belong to his said office, according to the tenor of these our Letters Patent and of such Commission as may be issued to him under our sign manual and signet, and according to such instructions Instructions. as may from time to time be given to him under our sign manual and signet, or by our Order in our Privy Council, or by us through one of our principal Secretaries of State, and to such laws as are now or shall here- after be in force in the Colony.

　　　　　　　IV. And we do by these our Letters Patent declare our will and pleasure as follows:-

Governor's Com-

V. Every person appointed to fill the office of Governor of the Publication of Colony shall with all due solemnity, before entering upon any of the duties mission. of his office, cause the commission appointing him to be Governor to be read and published in the presence of the Chief Justice or other judge of the Supreme Court, and of such members of the Executive Council of the Colony as can conveniently attend; which being done he shall then and there take before them the Oath of Allegiance in the form provided by an oath to be taken Act passed in the session holden in the thirty-first and thirty-second years by Governor. of our reign, inituled "An Act to amend the law relating to Promissory Imperial Act, 31 Oaths;" and likewise the usual oath for the due execution of the office of Governor, and for the due and impartial administration of justice; which oaths the said Chief Justice or judge, or if they be unavoidably absent, the senior member of the Executive Council then present, is hereby required to administer.

& 32 Vict., oap.

72.

Public Seal.

Constitution bi Executive Coun- cil.

Constitution of Legislative Council.

Governor, with

161

CHARTER OF THE COLONY OF HONGKONG.

VI.-The Governor shall keep and use the public seal of the Colony for sealing all things whatsoever that shall pass the said public seal.

　　VII. The Executive Council of the Colony shall consist of such persons as we shall direct by any instructions under our sign manual and signet, and all such persons shall hold their places in the said Council during our pleasure.

VIII. The Legislative Council of the Colony shall consist of such persons as we shall direct by any instructions under our sign manual and signet, and all such persons shall hold their places in the said Council during our pleasure.

IX. The Governor, by and with the advice and consent of the advice and con- Legislative Council, may make laws for the peace, order, and good govern-

ment of the Colony.

sent of Council,

to make Laws.

Disallowance of Laws.

Power of Legis. lation reserved to the Crown.

Land grants.

Governor em-

powered to ap- point Judges and other Officers.

Grant of pardon.

　　X.-We do hereby reserve to ourselves, our heirs and successors, full power and authority to disallow, through one of our principal Secretaries of State, any such law as aforesaid. Every such disallowance shall take effect from the time when the same shall be promulgated by the Governor in the Colony.

　　XI. We do also reserve to ourselv our heirs and successors, our and their undoubted right, with the advice of our or their Privy Council, to make all such laws as may appear necessary for the peace, order, and good government of the Colony.

　　XII.-The Governor, in our name and on our behalf, may make and execute, under the public seal of the Colony, grants and dispositions of any lands which may be lawfully granted or disposed of by us. Provided that every such grant or disposition be made in conformity either with some law in force in the Colony or with some instructions addressed to the Governor under our sign manual and signet, or through one of our principal Secretaries of State, or with some regulations in force in the Colony.

XIII. The Governor may constitute and appoint all such judges, commissioners, justices of the peace, and other necessary officers and ministers in the Colony, as may lawfully be constituted or appointed by us, all of whom, unless otherwise provided by law, shall hold their offices during our pleasure.

XIV. When any crime has been committed within the Colony, or for which the offender may be tried therein, the Governor may, as he shall see occasion, in our name and on our behalf, grant a pardon to any accom- plice in such crime who shall give such information as shall lead to the couviction of the principal offender, or of any one of such offenders, if more than one; and further, may grant to any offender convicted in any Court, or before any judge, or other magistrate within the Colony, a pardon either free or subject to lawful conditions, or any remission of the sentence passed on any such offender, or any respite of the execution of such sentence for such period as the Governor thinks fit, and may remit the payment of any fines, penalties, or forfeitures due or accrued to us. Provided always that the Governor shall in no case, except when the offence has been of a political nature unaccompanied by any other grave crime, make it a condition of any pardon or remission of sentence that the offender shall be banished from or shall absent himself or be removed from the ment prohibited. Colony.

And remission of fines.

Political offences.

Proviso. Banish.

　　　　　　　　　Suspension of *Officers.

XV. The Governor may, upon sufficient cause to him appearing, suspend from the exercise of his office any person holding any office within the Colony, whether appointed by any commission or warrant from us or in our name, or by any other mode of appointment. Every such suspen- sion shall continue and have effect only until our pleasure therein shall be signified to the Governor. In proceeding to any such suspension the

CONSTITUTION OF COUNCILS-HONGKONG.

165

Governor is strictly to observe the directions in that behalf given to him by any instructions as aforesaid.

　　　　　　XVI. Whenever the office of Governor is vacant, or if the Governor Succession ta become incapable, or be a' sent from the Colony, our Lieutenant-Governor Gravernment. of the Colony, or if there shall be no such officer therein, then such person or persons as we have appointed or may hereafter appoint under our sign manual and signet, and in default of any such appointment, the person lawfully discharging the functions of Colonial Secretary, shall, duri: g our pleasure, administer the government of the Colony, first taking the oaths Proviso. Oaths berein before directed to be taken by the Governor and in the manner herein prescribed; which being done, we do hereby authorize, empower, and command our Lieutenant-Governor, or any other such administrator Powers, &c., of as aforesaid, to do and execute, during our pleasure, all things that belong Administrator, to the office of Governor and Commander-in-chief, according to the tenor

of these our Letters Patent, and according to our instructions as aforesaid,

and the laws of the Colony.

of Office,

others to obey

　　　　　XVII.--And we do hereby require and command all our officials and Officers and ministers, civil and military, and all other the inhabitants of the Colony, and assist Go to be obedient, aiding and assisting unto the Governor and to any person for the time being administering the Government of the Colony.

vernor.

XVIII. In these our Letters Patent the term "the Governor" shall Term "Gover

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　nor" explained, include every person for the time being administering the government of the Colony.

XIX. And we do hereby reserve to ourselves, our heirs and successors, Power reserved full power and authority, from time to time, to revoke, alter, or amend to revoke, alter, to Her Majesty these Letters Patent as to us or them shall seem meet.

or amend present Letters Patent, XX. And we do further direct and enjoin that these our Letters Publication of Patent shall be read and proclaimed at such place or places within the Letters Patent, Colony as the Governor shall think St.

　　　　　　　In witness whereof we have caused these our Letters to be made Patent. Witness ourself at Westminster, the nineteenth day of January, in the Fifty-first year of our Reign.

By Warrant under the Queen's Sign Manual,

MUIR MACKENZIE.

CONSTITUTION OF THE EXECUTIVE AND LEGISLATIVE

COUNCILS.

EXECUTIVE COUNCII.

19th January,

The Executive Council of the Colony consists of such persons as Letters Patent, may be directed by the Queen by any instructions under Her Majesty's 1888, Art. VII. sign manual and signet, and they hold their places in the Council during Her Majesty's pleasure.

　　　　　　According to the Queen's recent Instructions the Council is to The Governor's consist of-

The Governor (President).

The Lieutenant Governor (if any).

The Senior Military Officer for the time being in command of Ier Majesty's regular troops.

of-

The persons for the time being lawfully discharging the functions

Colonial Secretary,

Attorney General, Treasurer,

and of such other persons as, at the date of the receipt of th› Instruc-

Instructions, 19th January, 1898, Art. III.

Instructions, Art. VII.

Letters Patent,

19th January,

166

CONSTITUTION OF COUNCILS-HONGKONG.

tions in the Colony, are members of the Council, or as Her Majesty may from time to time appoint.

At present the Council consists of--

The Governor (ex-officio).

The Major General Commanding the Troops (ex-officio).

The Colonial Secretary (ex-officio).

The Attorney General (ex-officio),

The Treasurer (ex-officio).

The Surveyor General, appointed by Queen's Instructions, dated 8th December, 1883.

The Captain Superintendent of Police, appointed by Queen's War. rant, dated 11th October, 1887.

Three Members to form a quorum.

LEGISLATIVE Council.

The Legislative Council consists of such persons as may be directed 1858, Art. VII. by the Queen by any Instructions under Her Majesty's sign manual aud signet, and such persons hold their places in the Council during Her Majesty's pleasure.

Governor's In- structions, 19th January, 1898, Art. XIII.

According to Her Majesty's recent Instructions, the Legislative Council is to consist of--

The Governor.

Official Members.

The Lieutenant Governor (if any).

The persons lawfully discharging the functions of-

Colonial Secretary,

Attorney General,

Treasurer,

and such other persons holding office in the Colony, and not exceeding three in number at any one time as at the time of the receipt of these Instructions in the Colony were official Members of the Council, or as Her (6th March, 1988) Majesty may from time to time appoint by any Instructions or Warrants

under Her Majesty's sign manual and signet.

Governor's lu- structions, 18th January, 1888, Art. XV.

C. O. Despatch,

Unofficial Members.

Such persons not exceeding five at any one time, as at the receipt of the Instructions in the Colony were unofficial members of the Council, or as the Governor in pursuance of instructions may from time to time appoint by any instrument under the public seal of the Colony.

Unofficial members are to vacate their seats at the end of six years from the date of their appointment.

Five members to form a quorum.

By a Despatch from the Secretary of State, the following course is

7th August, 1883, followed in the appointment of unofficial members:-

Appointed by the Governor (one at least of whom

being a member of the Chinese community) Elected by the Chamber of Commerce

Total

Elected by the Justices of the Peace..

STANDING RULES AND ORDERS

THE LEGISLATIVE COUNCIL OF HONGKONG.

Passed in pursuance of Article XIX. of the Royal Instructions of the 19th day of January, 1888, and agreed to by the Legislative Council on the 9th day of June, 1890.

MEETINGS.

ings

1. The ordinary meetings of the Legislative Council shall be held Ordinary meet- on Mondays at 3 p.m.; but this shall not prevent the adjournment of the Council for more than one week or to any other day or hour.

ings.

2. Special meetings of the Council shall be held when summoned Special meet- by order of the Governor

meetings.

3.-Notice of a special meeting shall be given by the Clerk to each Notice of special Member of the Council, at least two clear days before the day of meeting; except in case of emergency, when as long notice as possible shall be given.

4.-The Legislative Council shall not be disqualified from the Council may transaction of business on account of any vacancies among the Members ness notwith. thereof; but the said Council shall not be competent to act in any case standing vacan- unless (including the Governor or the Member presiding) there be present at and throughout the meetings of the Council five Members at the least.

transact busi-

cies.

　　　　　　5.-At any time during a meeting, the Council may, on motion to Adjournments. that effect being carried, adjourn to any other hour or day; and, should the adjournment be to another day, notice of such adjournment shall be given to the Members by the Clerk.

6. The Governor shall preside at all meetings of the Legislative Governor to pre- Council unless prevented by illness or other grave canse, and in his side at all meet- absence that Member shall preside who is first in precedence of those present.

ings.

adjournment of meeting.

7. The President may at any time suspend or adjourn any Suspension or meeting.

8.-When a quorum has been formed, the minutes of the last pre- Confirmation of ceding meeting shall be read, and the question of their confirmation shall be put; but no debate shall be allowed thereupon, except as to any proposed amendment or as to the accuracy of the minutes.

Minutes.

9. The minutes having been confirmed, the order of business shall Order of busi- be as follows :-

(a.) Messages or Minutes of the Governor;

(b.) Reports from Committees;

(c.) Petitions and written observations;

(d.) Notices;

(e.) Questions.

After which the orders of the day shall be read by the Clerk, and business shall be proceeded with accordingly.

ness.

10.-Petitions addressed to the Council may be sent to the Clerk of Petitions.

the Council, or they may be presented by any Member of the Council.

No Petition shall be received which is not properly and respectfully

worded, or which does not relate to matters of Legislation.

Governor's Mes- #ages or Minutes.

Notice of motion at meeting.

Notice of motion

not given at a meeting.

Motions without notice.

Notice of Ques- tion.

Questions, &c. for debate.

Members speak- ing to address President.

No Member to be referred to by

name.

Interruptions.

168

RULES OF LEGISLATIVE COUNCIL-HONGKONG,

　　It shall be the duty of the Clerk of the Council, or of the Member presenting a Petition, to inform the Council if there be any doubt as to a Petition coming under these prohibitions.

　　Petitions not coming within the above prohibitions shall be received as of course without question.

　　Petitions relating to any Bills before a Committee shall be referred by the Clerk on receipt to the Committee, by whom they will be presented to the Council with their Report. Other Petitions after being received, if it be so resolved, may be read, or may be printed, or may be referred to a Committee for consideration and report.

　　11.-Messages or Minutes of the Governor may be read at any time during a meeting.

　　12. A Member may give notice of motion, during a meeting, mentioning the day or the meeting on which it is intended to bring forward the motion.

　　13.-Notice of motion, if not given at a meeting, must be sent in writing to the Clerk of the Council at least three days before the meeting at which it is intended that the motion should be brought forward.

14.-The following motions may be made without notice :-

(a.) Any motion for the confirmation or amendment of the minutes of the Council, or for the adoption, modification, or rejection of the report of any Committee.

(b) Any motion that a petition, or other paper, do lie on the

table, or be printed.

(c.) Any motion for the adjournment of the Council, or of a debate. (d.) Any motion for the suspension of the Standing Orders. (e.) Any motion for the reference of any matter to a Committee. (f.) Any motion for the withdrawal of Strangers.

(g.) Any motion made when the Council is in Committee. (h) Any motion the urgency of which is admitted by the Pre-

sid nt and two-thirds of the Members present.

　　15. Notice of intention to ask a question of any Member, if not given at a meeting, must, at least three clear days before the meeting of the Council at which such question is to be asked, be sent in writing to the Clerk, who shall communicate the same to the President and to the Member of whom the question is to be asked two clear days before the question is asked. Nothing in this rule shall prevent a member from putting a question without full notice, if the President so permit.

RULES OF DEBATE.

　　16. It shall be competent for any Member of the Legislative Council to propose any question for debate therein; and such question, if seconded by any other Member, shall be debated and disposed of according to the standing Rules and Orders. Provided always, that every ordinance, vote, resolution, or question, the object or effect of which may be to dispose of or charge any part of the revenue arising within the Colony, shall be proposed by the Governor, unless the prop sal of the same shall have been expressly allowed or directed by him.

　　17. Every Member shall speak standing, and shall address himself to the President.

　　18.-No Member shall refer to any other Member by name except in the case of reference to an un-official Member and then only where it is necessary for the purpose of the debate.

　　19.-No Member shall interrupt another when speaking except by rising to order. A Member rising to order shall simply direct attention to the point which he desires to bring to notice, and submit it to the decision of the President.

RUIES OF LEGISLATIVE COUNCIL-HONGKONG.

169

Precedence

　　　　　20.-If two Members rise to speak at the same time, the President when two Mom. shall call upon one of them to address the Council.

bers rise toget-

her.

A Member may not read his speech, but he may read extracts from Speech not to be written or printed papers in support of his argument.

read.

21. It shall be the duty of the President on his own authority to President's au- enforce all these Rules: and when th President addresses the Council, thority. any Member speaking shall immediat ly resume his seat.

tion.

22.-No speech shall be made on presenting a petition, beyoud Speech on peti. such as may be necessary to explain its nature and object.

23.-When a question has been asked and answered, no further de- No debate on bate thereon shall be permitted.

question an- swered.

24.-No Member may speak more than once on any question, except How often Mem. when the Council is in Committee.

The Mover of any motion may, however, reply at the close of a debate, and any Member may explain himself if he has been misappre- hended in any essential statement.

bers may speak.

endment should

25.-The Mover of any motion or amendment may speak in support Motion or am- thereof; but no further debate shall be allowed, whether the Council be be seconded. in Committee or not, until the motion or amendment be duly seconded.

26.-If any amendment be proposed and seconded, it shall be con- sidered before the original question.

If an amendment of a proposed amendment be moved and duly seconded, it shall be considered as if such previous amendment were an original question.

Order in which amendments should be enter-

tained.

endments to be

27. Any amendment moved and seconded may be required by the Proposed am- President to be committed to writing by the Mover and delivered to the committed to Clerk.

writing.

28.-When a Bill is in Committee each Clanse shall be read by the Clauses of Bills, Clerk and shall then be put from the Chair, without Motion, by this Question:- "That this Clause shall stand part of the Bill," and the Clause shall be treated as a Motion, except that a Clause may be amended portion by portion, the earlier amendments having precedence of the lat r.

　　　　　29.-In filling up blanks in Bills, and in putting Questions of Filling Blanks. Amendment respecting Amounts of Money, or Periods of Time, the Question of the lowest Amount of Money or shortest Period of Time proposed shall be first put.

decided by ma-

　　　　　30.-All questions proposed for debate in the Legislative Council Question to be shall be decided by the majority of votes, and the Governor or the jority. Member presiding shall have an original vo'e in common with the other Governor to have Members of the Council, as also a casting vote, if upon any question the original and cast- votes shall be equal.

31.--On a division, the votes shall be taken by the Clerk. The roll of Members present shall be read by the Clerk, beginning with the Junior Member.

Each Member shall in his turn declare whether he is for or against the motion made.

　　　　　　The Clerk shall then read out the result, mentioning the total number of votes for and against respectively.

ing vote. Manner of vot

ing.

　　　　　32. If any Member dissenting from the opinion of the majority Dissent. wish to have his dissent recorded, he shall state so forthwith; and the reasons of his dissent may be laid on the table either at the same or at the following ordinary meeting.

33. After a question has been put by the President no further discussion thereupon shall be allowed.

34.-The Standing Orders of the Council may be suspended by the consent of the President and a majority of the Members present.

No discussion

after question put.

Suspension of

Stauding Orders.

　　　　　　　　　　Business not dis- posed of

Strangers.

Rules and Regu.

lations under

which Ordin-

170

RULES OF LEGISLATIVE COUNCIL-HONGKONG.

35.--The matter under discussion and any business not disposed of at the time of any adjournment shall stand as An Order of the Day for the next meeting of the Council.

　　36. Strangers may be present in the Council Chamber during debates; but must withdraw when called upon to do so by the President on any Member taking notice of their presence.

Any stranger expressing approbation or disapprobation shall be immediately removed.

ORDINANCES.

37.--In the making of Laws the Governor and the Council shall

ances are to be observe, as far as practicable, the following Rules:

enacted.

Form of enacting Ordinances.

Ordinances to be numbered and

methodically ar- ranged.

Bills to be sent to Members.

Publication after first reading

Council to go in- to Committee after second reading.

Bill reported by Standing Com- mittee.

Third reading.

　　　　　　　　　Recommittal on third reading.

Reference of Bill

•

1. All Laws shall be styled "Ordinances," and the enacting words shall be, "enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof."

2. All Ordinances shall be distinguished by titles and shall be divided into successive clauses or paragraphs, numbered consecutively, and to every such clause there shall be annexed in the margin a short summary of its contents. The Ordinances of each year shall be distinguished by consecutive numbers, commencing in each year with the number one.

38. A printed copy of every Bill shall, if possible, be sent to each Member by the Clerk at least two clear days before it is read a first time. 39. After having been read a first time, every Bill shall be published in the Government Gazette for general information.

　　40.--When a Bill has been read a second tine, the Council shall resolve itself into Committee to consider it clause by clause, and amend it as may be deemed necessary, unless at this stage of the proceedings the Bill be referred to a Special or Standing Committee.

　　41.-When a Bill shall have been referred to, and reported on by, one of the Standing Committees appointed under Rule 48, and it shall be certified by the Chairman of such Standing Committee that such Bill has been considered clause by clause in the presence of all the Members of such Standing Committee at least and that, in the opinion of the Committee, such Bill may be dealt with by the Council in the same manner as a Bill reported on by a Committee of the whole Council, such Bill may be dealt with accordingly if no Member object, but if any Member object the Bill shall be dealt with in the same manner as a Bill reported on by a Special Committe".

　　42.-If no material alteration be made in any Bill so cou.mitted, it may be read a third time, and passed, at the same meeting, if no Member object; but, if any material alteration be made, or any Member object to proceed immediatly with the third reading, it shall be postponed till the next ensuing meeting.

　　43.-If on the third reading any Member desire to omit or amend any provision contained in the Bill, or to introduce any fresh provision thereinto, he may move that the Bill be recommitted; and, if the motion be carried, marginal notes of the different clauses of the Bill shall be read seriatim by the Clerk, and any alteration proposed shall be discussed in its proper place; after which the Council shall resume, and the third realing may be moved.

44. A Bill may be referred either to a Special Committee, or to a to a Committee. Stan ling Committee at any stage of its progress.

Passing of Bills.

　　45. When a Bill has been read a third time, the question "that this Bill do pass" shall immediately be put.

RULES OF LEGISLATIVE COUNCIL-HONGKONG.

COMMITTEES.

171

46.-The Members of the Special Committees shall be chosen by the Nomination of Council.

Special Commit..

tees.

47.-Every Special Committee shall consist of at least three Number of Mem-

Members.

bers.

48.--At the first Meeting of the Council subsequent to the first day Nomination of of October in each year, the President may appoint the following Stand- Standing Com ing Committees :-

a. A FINANCE COMMITTEE Consisting of the Colonial Secretary (Chairman), and the other Members of Council except the Governor.

b. A LAW COMMITTEE-consisting of the Attorney General

(Chairman), and four other Members.

mittees.

all Committees to be

c. A PUBLIC WORKS COMMITTEE-consisting of the Surveyor

　　　　　　　General (Chairman), and four other Members. 49.-The Standing Committees of Council shall be open to Members.

50.-No Special or Standing Committee shall be competent to unless at least three of its Members be present.

open.

act Quorum of Spe.

51.-The report of every Committee shall be signed by the Chairman, or, in his absence, by the Senior Member present.

PRIVATE RIGHTS.

cial and Standing Committees..

Report by whom

to be signed.

heard.

　　　　　　52.-In any case where individual rights or interests of property Petition to be may be peculiarly affected by any proposed Bill, all parties interested may, upon petition for that purpose, and on motion made, seconded, and carried, be heard before the Council, or any Committee thereof, either in person, or by Counsel.

Witnesses.

53 -When it is intended to examine any Witnesses, the Member, Examination of or the Petitioner, requiring such Witnesses, shall deliver to the Clerk a list containing the names and residences of such Witnesses, at least two days before the day appointed for their examination. The evidence of every such witness shall be taken down by the Clerk and be signed by the Witness.

the Gazette.

54. Before any Private Bill, whereby the property of any private Notification of person may be affected, is introduced, Notification of the intention of Private Bill in. the parties to apply for such Private Bill shall be given by the parties, by two advertisements in the Gazette, and two in some daily Newspaper circulating in the Colouy, and in one Chinese Newspaper, and by publication of the proposed Bill once at least in the Gazette. No Private Ordinance shall be passed whereby the property of any priva e person may be affected in which there is not a saving of the rights of Her Majesty the Queen, Her Heirs and Successors, and of all bodies politic or corporate and of all other persons except such as are mentioned in the Ordinance and those claiming by, from, and under them. (Art. XXIII., Royal Instructions.)

CLERK OF THE COUNCIL.

55.-The Clerk of the Council shall keep an Order Book, in which he Order Book. shall enter and number in succession the subjects intended to be brought under discussion at each meeting.

56.-The Clerk of the Council shall also keep Minutes of the pro- Miunte of pro- ceedings of the Council; and shall two clear days at least before each ceedings. meeting, send a copy of the Minutes of the previous meeting to each Member.

57.-The Clerk shall also send to each Men:her, two clear days at Order of the day. least before each meeting, a copy of the Order of the Day for such meeting.

　　　　　　8.-The Clerk of the Council shall attend upon any Special or Attendance on Standing Committee if required to do so.

Committees.

TREATIES WITH CHINA.

GREAT BRITAIN.

TREATY BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA.

SIGNED, IN THE ENGLISH AND CHINESE LANGUAGES, AT NANKING, 29TH AUGUSz, 1842.

Ratifications Exchanged at Hongkong, 26th June, 1843.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and his Majesty the Emperor of China, being desirous of putting an end to the misunderstandings and consequent hostilities which have arisen between the two countries, have resolved to conclude a treaty for that purpose, and have therefore hamed as their Plenipotentiaries, that is to say: Her Majesty the Queen of Great Britain and Ireland, Sir Henry Pottinger, Bart., a Major-General in the Service of the East India Company, &c.; and His Imperial Majesty the Emperor of China, the High Commissioners Ke-ying, a Member of the Imperial House, a Guardian of the Crown Prince, and General of the Garrison of Canton; and Ilìpoo, of the Imperial Kindred, graciously permitted to wear the insignia of the first rank, and the distinc- tion of a peacock's feather, lately Minister and Governor-General, &c., and now Lieut.-General commanding at Chapoo-Who, after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon and concluded the following Articles :--

Art. I.-There shall henceforward be peace and friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the Emperor of China, and between their respective subjects, who shall enjoy full security and protection for their persons and property within the dominions of the other.

　　　　　　　　Art. II. His Majesty the Emperor of China agrees that British subjects, with their families and establishments, shall be allowed to reside, for the purpose of carry. ing on their mercantile pursuits, without molestation or restraint, at the cities and towns of Canton, Amoy, Foochow-foo, Ningpo, and Shanghai; and Her Majesty the Queen of Great Britain, &c., will appoint superintendents, or consular officers, to reside at each of the above named cities or towns, to be the medium of communication between the Chinese authorities and the said merchants, and to see that the just duties and other dues of the Chinese Government, as hereinafter provided for, are duly discharged by Her Britannic Majesty's subjects.

　　　　　　　　Art. III.-It being obviously necessary and desirable that British subjects should have some port whereat they may careen and refit their ships when required, and keep stores for that purpose, His Majesty the Emperor of China cedes to Her Majesty the Queen of Great Britain, &c., the Island of Hongkong to be possessed in perpetuity by Her Britannic Majesty, her heirs, and successors, and to be governed by such laws and regulations as Her Majesty the Queen of Great Britain, &c., shall see fit to direct.

Art. IV. The Emperor of China agrees to pay the sum of six millions of dollars, as the value of the opium which was delivered up at Canton in the month of March, 1839, as a ransom for the lives of Her Britannic Majesty's Superintendent and sub- jects who had been imprisoned and threatened with death by the Chinese high officers.

　　　　　　　　Art. V.-The Government of China having compelled the British merchants trading at Canton to deal exclusively with certain Chinese merchants, called Hong merchants (or Co-Hong), who had been licensed by the Chinese Government for this purpose, the Emperor of China agrees to abolish that practice in future at all ports where British merchants may reside, and to permit them to carry on their mercantile transactions with whatever persons they please; and His Imperial Majesty further agrees to pay to the British Government the sum of three millions of dollars, on account of debts due

NANKING TREATY, 1842.

173

to British subjects by some of the said Hong merchants, or Co-Hong, who have become insolvent, and who owe very large sums of money to subjects of Her Britannic Majesty.

Art. VI. The Government of Her Britannic Majesty having been obliged to send out an expedition to demand and obtain redress for the violent and unjust proceedings of the Chinese high authorities towards Her Britannic Majesty's officers and subjects, the Emperor of China agrees to pay the sum of twelve millions of dollars, on account of expenses incurred; and Her Britannic Majesty's plenipotentiary voluntarily agrees, on behalf of Her Majesty, to deduct from the said amount of twelve millions of dollars, any sums which may have been received by Her Majesty's combined forces, as ransom for cities and towns in China, subsequent to the Ist day of August, 1841. Art. VII. It is agreed that the total amount of twenty-one millions of dollars, described in the three preceding articles, shall be paid as follows:-

Six millions immediately.

Six millions in 1843; that is, three millions on or before the 30th June, and

three millions on or before the 31st of December.

Five millions in 1884; that is, two millions and a half on or before the 30th of

June, and two millions and a half on or before the 31st of December.

Four millions in 1845; that is, two millions on or before 30th of June, and

two millions on or before the 31st of December.

　　　　　And it is further stipulated, that interest, at the rate of 5 per cent. per annum, shall be paid by the Governinent of China on any portion of the above sums that are not punctually discharged at the periods fixed.

Art. VIII.-The Emperor of China agrees to release, unconditionally, all subjects of Her Britannic Majesty (whether natives of Europe or India), who may be in con- finement at this moment in any part of the Chinese Empire.

　　　　　Art. IX.-The Emperor of China agrees to publish and promulgate, under His imperial sign manual and seal, a full and entire amnesty and act of indemnity to all subjects of China, on account of their having resided under, or having had dealings and intercourse with, or having entered the service of Her Britannic Majesty, or of Her Majesty's officers; and His Imperial Majesty further engages to release all Chinese subjects who may be at this moment in confinement for similar reasons.

　　　　　Art. X.-His Majesty the Emperor of China agrees to establish at all the ports which are, by Article II. of this treaty, to be thrown open for the resort of British merchants, a fair and regular tariff of export and import customs and other dues, which tariff shall be publicly notified and promulgated for general information; and the Emperor further engages that, when British merchandise shall have once paid at any of the said ports the regulated customs and dues, agreeable to the tariff to be hereafter fixed, such merchandise may be conveyed by Chinese merchants to any province or city in the interior of the empire of China, on paying a further amount as transit duties, which shall not exceed -per cent. on the tariff value of such goods.

　　　　　Art. XI.-It is agreed that Her Britannic Majesty's chief high officer in China shall correspond with the Chinese high officers, both at the capital and in the provinces, under the term "communication;" the subordinate British officers and Chinese high officers in the provinces under the terin "statement," on the part of the former, and on the part of the latter, "declaration," and the subordinates of both countries on a footing of perfect equality; merchants and others not holding official situations, and therefore not included in the above, on both sides to use the term "representation in all papers addressed to, or intended for, the notice of the respective govern. ments.

　　　　　Art. XII.-On the assent of the Emperor of China to this treaty being received, and the discharge of the first instalment of money, Her Britannic Majesty's forces will retire from Nanking and the Grand Canal, and will no longer molest or stop the trade of China. The military post at Chinhae will also be withdrawn; but the island of Koolangsoo, and that of Chusan, will continue to be held by Her Majesty's forces until the money payments, and the arrangements for opening the ports to British merchants, be completed.

174

TREATY BETWEEN GREAT BRITAIN AND CHINA.

Art. XIII.-The ratifications of this treaty by Her Majesty the Queen of Great Britain, &c., and His Majesty the Emperor of China, shall be exchanged as soon as the great distance which separates England from China will admit; but, in the meantime, counterpart copies of it, signed and sealed by the plenipotentiaries on behalf of their respective sovereigns, shall be mutually delivered and all its provisions and arrangements shall take effect.

Done at Nanking, and signed and sealed by the plenipotentiaries on board Her Britannic Majesty's ship Cornwallis, this 29th day of August, 1842; corresponding with the Chinese date, twenty-fourth day of the seventh month, in the twenty-second year of Taou Kwang.

HENRY POTTINGER,

Her Majesty's Plenipotentiary.

And signed by the seals of four Chinese Commissioners.

TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA,

SIGNED, IN THE ENGLISH AND CHINESE Languages, at TIENTSIN, 26th June, 1858.

Ratifications Exchanged at Peking, 24th October, 1860.

　　　　　　Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the Emperor of China, being desirous to put an end to the existing misunderstanding between the two countries and to place their relations on a more satisfactory footing in future, have resolved to proceed to a revision and improvement of the Treaties existing between them; and, for that purpose, have named as their Plenipotentiaries, that is to say:--

Her Majesty the Queen of Great Britain and Ireland, the Right Honourable the Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the Most Ancient and Most Noble Order of the Thistle;

　　　　　　And His Majesty the Emperor of China, the High Commissioner Kweiliang, a Senior Chief Secretary of State, styled of the East Cabinet, Captain-General of the Plain White Banner of the Manchu Banner Force, Superintendent-General of the Admimistration of Criminal Law; and Hwashana, one of His Imperial Majesty's Expositors of the Classics, Manchu President of the office for the regulation of the Civil Establishment, Captain-General of the Bordered Blue Banner of the Chinese Banner Force, and Visitor of the Office of Interpretation :

Who, after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon and concluded the following Articles:

Art. I.-The treaty of Peace and Amity between the two nations signed at Nanking on the twenty-ninth day of August, in the year eighteen hundred and forty- two, is hereby renewed and confirmed.

　　　　　　The Supplementary Treaty and General Regulations of Trade having been amended and improved, and the substance of their provisions having been incorpor- ated in this Treaty, the said Supplementary Treaty and General Regulations of Trade are hereby abrogated.

　　　　　　Art. II.--For the better preservation of harmony in future, Her Majesty the Queen of Great Britain and His Majesty the Emperor of China mutually agree that, in accordance with the universal practice of great and friendly nations, Her Majesty the Queen may, if she see fit, appoint Ambassadors, Ministers, or other Diplomatic Agents to the Court of Peking; and His Majesty the Emperor of China may, in like manner, if he see fit, appoint Ambassadors, Ministers, or other Diplomatic Agents to the Court of St. James.

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Art. III. His Majesty the Emperor of China hereby agrees that the Ambassador, Minister, or other Diplomatic agent, so appointed by Her Majesty the Queen of Great Britain, may reside, with his family and establishment, permanently at the capital, or may visit it occasionally at the option of the British Government. He shall not be called upon to perform any ceremony derogatory to him as representing the Sovereign of an independent nation on a footing of equality with that of China. On the other hand, he shall use the same forms of ceremony and respect to His Majesty the Emperor as are employed by the Ambassadors, Ministers, or Diplomatic Agents of Her Majesty towards the Sovereigns of independent and equal European

nations.

　　　　　　It is further agreed, that Her Majesty's Government may acquire at Peking a site for building, or may hire houses for the accommodation of Her Majesty's Mission, and that the Chinese Government will assist it in so doing.

Her Majesty's Representative shall be at liberty to choose his own servants and attendants, who shall not be subject to any kind of molestation whatever.

Any person guilty of disrespect or violence to Her Majesty's Representative, or to any member of his family or establishment, in deed or word, shall be severely punished. Art. IV. It is further agreed that no obstacle or difficulty shall be made to the free movements of Her Majesty's Representative, and that he and the persons of his suite may come and go, and travel at their pleasure. He shall, moreover, have full liberty to send and receive his correspondence to and from any point on the sea-coast that he may select, and his letters and effects shall be held sacred and inviolable. He may employ, for their transmission, special couriers, who shall meet with the same protection and facilities for travelling as the persons employed in carrying despatches for the Imperial Government; and, generally, he shall enjoy the same privileges as are accorded to officers of the same rank by the usage and consent of Western nations. All expenses attending the Diplomatic Mission of Great Britain shall be borne by the British Government.

Art V. His Majesty the Emperor of China agrees to nominate one of the Secretaries of State, or a President of one of the Boards, as the high officer with whom the Ambassador, Minister, or other Diplomatic Agent of Her Majesty the Queen shall transact business, either personally or in writing, on a footing of perfect equality.

Art. VI.-Her Majesty the Queen of Great Britain agrees that the privileges hereby secured shall be enjoyed in her dominions by the Ambassador, Minister, or Diplomatic Agent of the Emperor of China, accredited to the Court of Her Majesty.

　　　　　　Art. VII. Her Majesty the Queen may appoint one or more Consuls in the dominions of the Emperor of China; and such Consul or Consuls shall be at liberty to reside in any of the open ports or cities of China as Her Majesty the Queen may consider most expedient for the interests of British commerce. They shall be treated with due respect by the Chinese authorities, and enjoy the same privileges and iminunities as the Consular Officers of the most favoured nation.

　　　　　　Consuls and Vice-Consuls in charge shall rank with Intendants of Circuit; Vice- Consuls, Acting Vice-Consuls, and Interpreters, with Prefects. They shall have access to the official residences of these officers, and communicate with them, either personally or in writing, on a footing of equality, as the interests of the public service may require.

Art. VIII. The Christian religion, as professed by Protestants or Roman Catholics, inculcates the practice of virtue, and teaches man to do as he would be done by. Persons teaching it or professing it, therefore, shall alike be entitled to the protection of the Chinese authorities, nor shall any such, peaceably pursuing their calling and not offending against the laws, be persecuted or interfered with.

Art. IX.--British subjects are hereby authorised to travel, for their pleasure or for purposes of trade, to all parts of the interior under passports which will be issued by their Consuls, and countersigned by the local authorities. These passports, if demanded, must be produced for examination in the localities passed through. If the passport be not irregular, the bearer will be allowed to proceed, and no opposition shall be offered to his hiring persons, or hiring vessels for the carriage of his baggage or merchandise. If he be without a passport, or if he commit any offence against the

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law, he shall be handed over to the nearest Consul for punishment, but he must not be subject to any ill usage in excess of necessary restraint. No passport need be applied for by persons going on excursions from the ports open to trade to a dis- tance not exceeding 100 li, and for a period not exceeding five days.

　　　　　　　The provisions of this Article do not apply to crews of ships, for the due restraint of whom regulations will be drawn up by the Consul and the local authorities.

　　　　　　　To Nanking, and other cities, disturbed by persons in arms against the Govern- ment, no pass shall be given, until they shall have been recaptured.

Art. X.-British merchant ships shall have authority to trade upon the Great River (Yang-tsze). The Upper and Lower Valley of the river being, however, disturbed by outlaws, no port shall be for the present opened to trade, with the exception of Chinkiang, which shall be opened in a year from the date of the signing of this Treaty.

　　　　　　　So soon as peace shall have been restored, British vessels shall also be admitted to trade at such ports as far as Hankow, not exceeding three in number, as the British Minister, after consultation with the Chinese Secretary of State, may determine shall be ports of entry and discharge.

　　　　　　　Art. XI. In addition to the cities and towns of Canton, Amoy, Foochow, Ningpo and Shanghai, opened by the Treaty of Nanking, it is agreed that British subjects may frequent the cities and ports of Newchwang, Tangchow (Chefoo), Taiwan (Formosa), Chao-chow (Swatow), and Kiung-chow (Hainan).

　　　　　　　They are permitted to carry on trade with whomsoever they please, and to proceed to and fro at pleasure with their vessels and merchandise.

　　　　　　　They shall enjoy the same privileges, advantages, and immunities at the said towns and ports as they enjoy at the ports already opened to trade, including the right of residence, buying or renting houses, of leasing land therein, and of building churches, hospitals, and cemeteries.

　　　　　　　Art. XII-British subjects, whether at the ports or at other places, desiring to build or open houses, warehouses, churches, hospitals, or burial grounds shall make their agreement for the land or buildings they require, at the rates prevailing among the people equitably, and without exaction on either side.

　　　　　　　Art. XIII.-The Chinese Government will place no restrictions whatever upon the employment, by British subjects, of Chinese subjects, in any lawful capacity.

　　　　　　　Art. XIV.-British subjects may hire whatever boats they please for the transport of goods or passengers, and the sum to be paid for such boats shall be settled between the parties themselves, without the interference of the Chinese Government, The number of these boats shall not be limited, nor shall a monopoly in respect either of the boats or of the porters or coolies engaged in carrying the goods be granted to any parties. If any smuggling takes place in them, the offenders will, of course, be punished according to law.

Art. XV.-All questions in regard to rights whether of property or person, arising between British subjects, shall be subject to the jurisdiction of the British authorities. Art. XVI.-Chinese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by the Chinese authorities according to the laws of China.

British subjects who may commit any crime in China, shall be tried and punished by the Consul, or other public functionary authorised thereto, according to the laws of Great Britain.

Justice shall be equitably and impartially administered on both sides.

　　　　　　　Art. XVII-A British subject, having reason to complain of Chinese, must proceed to the Consulate, and state his grievance. The Consul will inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinese have reason to complain of a British subject, the Consul shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of the Chinese authorities, that they may together examine into the merits of the case, and decide it equitably.

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　　　　　　　　Art. XVIII.-The Chinese authorities shall at all times afford the fullest protection to the persons and property of British subjects, whenever these shall have been subjected to insult or violence. In all cases of incendiarism or robbery, the local authorities shall at once take the necessary steps for the recovery of the stolen property, the suppression of disorder, and the arrest of the guilty parties, whom they will punish according to law.

　　　　　　Art. XIX. If any British merchant-vessel, while within Chinese waters, be plundered by robbers or pirates, it shall be the duty of the Chinese authorities to use every endeavour to capture and punish the said robbers or pirates and to recover the stolen property, that it may be handed over to the Consul for restoration to the

owner.

　　　　　　Art. XX.-If any British vessel be at any time wrecked or stranded on the coast of China, or be compelled to take refuge in any port within the dominions of the Emperor of China, the Chinese authorities, on being apprised of the fact, shall immediately adopt measures for its relief and security; the persons on board shall receive friendly treatment and shall be furnished, if necessary, with the means of conveyance to the nearest Consular station.

　　　　　　Art. XXI.-If criminals, subjects of China, shall take refuge in Hongkong or on board the British ships there, they shall, upon due requisition by the Chinese authorities, be searched for, and, on proof of their guilt, be delivered up.

In like manner, if Chinese offenders take refuge in the houses or on board the vessels of British subjects at the open ports, they shall not be harboured or concealed, but shall be delivered up, on due requisition by the Chinese authorities, addressed to the British Consul.

　　　　　　Art. XXII. Should any Chinese subject fail to discharge debts incurred to a British subject, or should he fraudulently abscond, the Chinese authorities will do their utmost to effect his arrest, and enforce recovery of the debts. The British authorities will likewise do their utmost to bring to justice any British subject fraudulently absconding or failing to discharge debts incurred by him to a Chinese subject.

　　　　　　Art. XXIII.-Should natives of China who may repair to Hongkong to trade, incur debts there, the recovery of such debts must be arranged for by the English Court of Justice on the spot: but should the Chinese debtor abscond, and be known to have property real or personal, within the Chinese territory, it shall be the duty of the Chinese authorities, on application by, and in concert with the British Consul, to do their utmost to see justice done between the parties.

　　　　　　Art. XXIV.-It is agreed that British subjects shall pay, on all merchandise imported or exported by them, the duties prescribed by the tariff; but in no case shall they be called upon to pay other or higher duties than are required of the subjects of any other foreign nation.

　　　　　Art. XXV.-Import duties shall be considered payable on the landing of the goods, and duties of export on the shipment of the same.

Art. XXVI. Whereas the tariff fixed by Article X. of the Treaty of Nanking and which was estimated so as to impose on imports and exports a duty of about the rate of five per cent. ad valorem, has been found, by reason of the fall in value of various articles of merchandise therein enumerated, to impose a duty upon these considerably in excess of the rate originally assumed, as above, to be a fair rate, it is agreed that the said tariff shall be revised, and that as soon as the Treaty shall have been signed, application shall be made to the Emperor of China to depute a high officer of the Board of Revenue to meet, at Shanghai, officers to be deputed on behalf of the British Government, to consider its revision together, so that the tariff, as revised, may come into operation immediately after the ratification of this Treaty.

　　　　　Art. XXVII. It is agreed that either of the high contracting parties to this Treaty may demand a further revision of the tariff, and of the Commercial Articles of this Treaty, at the end of ten years; but if no demand he made on either side within six months after the end of the first ten years, then the tariff shall remain in force for ten years more, reckoned from the end of the preceding ten years, and so it shall be at the end of each successive ten years.

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　　　　　　　　Art. XXVIII.-Whereas it was agreed in Article X. of the Treaty of Nanking that British imports, having paid the tariff duties, should be conveyed into the interior, free of all further charges, except a transit duty, the amount where of was not to exceed a certain percentage en tariff value; and whereas no accurate information having been furnished of the amount of such duty, British merchants have constantly complained that charges are suddenly and arbitrarily imposed by the provincial authorities as transit duties upon produce on its way to the foreign market, and on imports on their way into the interior, to the detriment of trade; it is agreed that within four months from the signing of this Treaty, at all ports now open to British trade, and within a similar period at all ports that may hereafter be opened, the authority appointed to superintend the collection of duties shall be obliged, upon application of the Consul, to declare the amount of duties leviable on produce between the place of production and the port of shipment, and upon imports between the Consular port in question and the inland markets named by the Consul; and that a notification thereof shall be published in English and Chinese for general information.

But it shall be at the option of any British subject desiring to convey produce purchased inland to a port, or to convey imports from a port to an inland market, to clear his goods of all transit duties, by payment of a single charge. The amount of this charge shall be leviable on exports at the first barrier they may have to pass, or, on imports, at the port at which they are landed; and on payment thereof a certificate shall be issued, which shall exempt the goods from all further inland charges whatsoever.

It is further agreed that the amount of the charge shall be calculated, as nearly as possible, at the rate of two and a half per cent. ad valorem, and that it shall be fixed for each article at the conference to be held at Shanghai for the revision of the tariff.

It is distinctly understood that the payment of transit dues, by commutation or otherwise, shall in no way affect the tariff duties on imports, or exports, which will continue to be levied separately and in full.

Art. XXIX. -British merchant vessels, of more than one hundred and fifty tons burden, shall be charged tonnage-dues at the rate of four mace per ton; if of one hundred and fifty tons and under, they shall be charged at the rate of one mace per ton.

Any vessel clearing from any of the open ports of China for any other of the open ports, or for Hongkong, shall be entitled, on application of the master, to a special certificate from the Customs, on exhibition of which she shall be exempted from all further payment of tonnage dues in any open ports of China, for a period of four months, to be reckoned from the date of her port-clearance.

　　　　　　　　Art. XXX. The master of any British merchant-vessel may within forty-eight hours after the arrival of his vessel, but not later, decided to depart without breaking bulk, in which case he will not be subject to pay tonnage-dues. But tonnage-dues shall be held due after the expiration of the said forty-eight hours. No other fees or charges upon entry or departure shall be levied.

Art. XXXI. No tonnage-dues shall be payable on boats employed by British subjects in the conveyance of passengers, baggage, letters, articles of provision, or other articles not subject to duty, between any of the open ports. All cargo-boats, however, conveying merchandise subject to duty shall pay tonnage-dues once in six months, at the rate of four mace per register ton.

Art. XXXII. The Consuls and Superintendents of Customs shall consult together regarding the erection of beacons or lighthouses, and the distribution of buoys and lightships, as occasion may demand.

Art. XXXIII.--Duties shall be paid to the bankers authorised by the Chinese Government to receive the same in its behalf, either in sycee or in foreign money, according to the assay made at Canton on the thirteenth of July, one thousand eight hundred and forty-three.

Art. XXXIV.-Sets of standard weights and measures, prepared accoring to the standard issued to the Canton Custom-house by the Board of Revenue, shall be delivered by the Superintendent of Customs to the Consul atach port, to secure uniformity and prevent confusion.

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　　　　　Art. XXXV.-Any British merchant vessel arriving at one of the open ports shall be at liberty to engage the services of a pilot to take her into port. In like manner, after she has discharged all legal dues and duties and is ready to take her departure she shall be allowed to select a pilot to conduct her out of port.

Art. XXXVI.-Whenever a British merchant vessel shall arrive off one of the open ports the Superintendent of Customs shall depute one or more Customs' officers to guard the ship. They shall either live in a boat of their own, or stay on board the ship, as may best suit their convenience. Their food and expenses shall be supplied them from the Custom-house, and they shall not be entitled to any fees whatever from the master or consignee. Should they violate this regulation, they shall be punished porportionately to the amount exacted.

Art. XXXVII.-Within twenty-four hours after arrival, the ship's papers, bills of lading, &c, shall be lodged in the hands of the Consul, who will within a further period of twenty-four hours report to the Superintendent of Customs the name of the ship, her register tonnage, and the nature of her cargo. If, owing to neglect on the part of the master, the above rule is not complied with within forty-eight hours after the ship's arrival, he shall be liable to a fine of fifty taels for every day's delay; the total amount of penalty, however, shall not exceed two hundred taels.

　　　　　The master will be responsible for the correctness of the manifest, which shall contain a full and true account of the particulars of the cargo on board.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　For presenting a false manifest, he will subject himself to a fine of five hundred taels; but he will be allowed to correct, within twenty-four hours after delivery of it to the Customs officers, any mistake he may discover in his manifest, without incurring this penalty.

Art. XXXVIII. After receiving from the Consul the report in due form, the Superintendent of Customs shall grant the vessel a permit to open hatches. If the master shall open hatches, and begin to discharge any goods without such permission, he shall be fined five hundred taels, and the goods discharged shall be confiscated wholly.

Art. XXXIX.-Any British merchant who has cargo to land or ship, must apply to the Superintendent of Customs for a special permit. Cargo landed or shipped without such permit, will be liable to confiscation.

　　　　　　Art. XL. No transhipment from one vessel to another can be made without special permission, under pain of confiscation of the goods so transhipped.

　　　　　Art. XLI. When all dues and duties shall have been paid, the Superintendent of Customs shall give a port-clearance, and the Consul shall then return the ship's papers, so that she may depart on her voyage.

　　　　　Art. XLII. With respect to articles subject, according to the tariff, to an ad valorem duty, if the British merchant cannot agree with the Chinese officer in affixing

■ value, then each party shall call two or three merchants to look at the goods, and the highest price at which any of these merchants would be willing to purchase them shall be assumed as the value of the goods.

　　　　　Art. XLIII.-Duties shall be charged upon the net weight of each article, making a deduction for the tare, weight of congee, &c. To fix the tare of any articles, such as tea, if the British merchant cannot agree with the Custom-house officer, then each party shall choose so many chests out of every hundred, which being first weighed in gross, shall afterwards be tared, and the average tare upon these chests shall be assumed as the tare upon the whole; and upon this principle shall the tare be fixed upon all other goods and packages. If there should be any other points in dispute which cannot be settled, the British merchant may appeal to his Consul, who will communicate the particulars of the case to the Superintendent of Customs, that it may be equitably arrang d. But the appeal must be made within twenty-four hours or it will not be attended to. While such points are still unsettled, the Superintendent of Customs shall postpone the insertion of the same in his books.

Art. XLIV. Upon all damaged goods a fair reduction of duty shall be allowed, proportionate to their deterioration. If any disputes arise, they shall be settled n the manner pointed out in the clause of this Treaty having reference to articles which pay duty ad valorem.

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Art. XLV.-British merchants who may have imported merchandise into any of the open ports, and paid the duty thercon, if they desire to re-export the same, shall be entitled to make application to the Superintendent of Customs, who, in order to prevent fraud on the revenue, shall cause examination to be made by suitable officers, to see that the duties paid on such goods, as entered in the Custom-house books, correspond with the representation made, and that the goods remain with their original marks unchanged. He shall then make a memorandum of the port-clearance of the goods, and of the amount of duties paid, and deliver the same to the merchant, and shali also certify the facts to the officers of Customs of the other ports. All which being done, on the arrival in port of the vessel in which the goods are laden, every- thing being found on examination there to correspond, she shall be permitted to break bulk, and land the said goods, without being subject to the payment of any additional duty thereon. But if, on such examination, the Superintendent of Customs shall detect any fraud on the revenue in the case, then the goods shall be subject to con- fiscation by the Chinese Government.

British merchants desiring to re-export duty-paid imports to a foreign country shall be entitled, on complying with the same conditions as in the case of re-exporta- tion to another port in China, to a drawback certificate, which shall be a valid tender to the Customs in payment of import or export duties.

Foreign grain brought into any port of China in a British ship, if no part thereof has been landed, may be re-exported without hindrance.

Art. XLVI.-The Chinese authorities at each port shall adopt the means they may judge most proper to prevent the revenue suffering from fraud or smuggling.

　　　　　　　Art. XLVII.-British merchant-vessels are not entitled to resort to other than the ports of trade declared open by this Treaty, they are not unlawfully to enter other ports in China, or to carry on clandestine trade along the coast thereof. Any vessel violating this provision, shall, with her cargo, be subject to confiscation by the Chinese Government.

　　　　　　Art. XLVIII.-If any British merchant-vessel be concerned in smuggling, the goods, whatever their value or nature, shall be subject to confiscation by the Chinese authorities, and the ship may be prohibited from trading further, and sent away as soon as her account shall have been adjusted and paid.

　　　　　　Art. XLIX. All penalties enforced, or confiscations made, under this Treaty, shall belong and be appropriated to the public service of the Government of China.

Art. L.-All official communications, addressed by the Diplomatic and Consular Agent of Her Majesty the Queen to the Chinese Authorities, shall, henceforth, be writ- ten in English. They will for the present be accompanied by a Chinese version, but it is understood that, in the event of there being any difference of meaning between the English and Chinese text, the English Government will hold the sense as expressed in the English text to be the correct sense. This provision is to apply to the Treaty now negotiated, the Chinese text of which has been carefully corrected by the English original.

Art. LI.-It is agreed that henceforward the character "I" (barbarian) shall not beapplied to the Government or subjects of Her Britannic Majesty in any Chinese official document issued by the Chinese authorities, either in the capital or in the provinces.

Art. LII.-British ships of war coming for no hostile purpose, or being engaged in the pursuit of pirates, shall be at liberty to visit all ports within the dominions of the Emperor of China, and shall receive every facility for the purchase of provisions, procuring water, and, if occasion require, for the making of repairs. The commanders of such ships shall hold intercourse with the Chinese authorities on terms of equality and courtesy.

Art. LIII. In consideration of the injury sustained by native and foreign commerce from the prevalence of piracy in the seas of China, the high contracting parties agree to concert measures for its suppression.

Art. LIV.The British Government and its subjects are hereby confirmed in all privileges, immunities, and advantages conferred on them by previous Treaties and it is hereby expressly stipulated that the British Government and its subjects will be allowed free and equal participation in all privileges, immunities, and advantages that

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may have been, or may be hereafter, granted by His Majesty the Emperor of China to the Government or subjects of any other nation.

Art. LV.-In evidence of her desire for the continuance of a friendly under- standing, Her Majesty the Queen of Grant Britain consents to include in a Separate Article, which shall be in every respect of equal validity with the Articles of this Treaty, the condition affecting indemnity for expenses incurred and losses sustained, in the matter of the Canton question.

　　　　　　　Art. LVI.-The ratifications of this Treaty, under the band of Her Majesty the Queen of Great Britain an Ireland, and of His Majesty the Emperor of China, respec- tively, shall be exchanged at Peking, within a year from this day of signature

In token whereof, the respective Plenipotentiaries have signed and seale this Treaty. Done at Tientsin, this twenty-sixth day of June in the year of our Lord one thousand eight hundred and fifty-eight; corresponding with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung.

(L.S.)

ELGIN AND KINCARDINE. Signature of First Chines Plenipotentiary.

Signature of Second Chines Plenip,tentiary'

Separate Article annexed to the Treaty concluded between Great Britain and China on the twenty-sixth day of June, in the year One Thousand Eight Hundred and Fifty-eight.

It is hereby agreed that a sum of two millions of taels, on account of the losses sustain- ed by British subjects through the misconduct of the Chinese authorities at Canton, and a further sum of two millions of taels on acconut of the Military expenses of the expedi- tion which Her Majesty the Queen has been compelled to send out for the purpose of ob taining redress, and of enforcing the observance of Treaty provisions, shall be paid to Her Majesty's Representatives in China by the authorities of the Kwangtung province. The necessary arrangements with respect to the time and mode of effecting these payments shall be determined by Her Majesty's Representative, in concert with the Chinese authorities of Kwangtung.

　　　　　　　　When the above amounts shall have been discharged in full, the British forces will be withdrawn from the city of Canton. Done at Tientsin, this twenty-sixth day of June in the year of our Lord one thousand eight hundred and fifty-eight, corresponding with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung.

(L.S.) ELGIN AND KINCARDINE.

Signature of First Chinese Plenipotentiary

Signature of Second Chinese Plenipotentiary,

CONVENTION OF PEACE BETWEEN HER BRITANNIC MAJESTY AND THE EMPEROR OF CHINA.

SIGNED AT PEKING 24TH OCTOBER, 1860.

　　　　　　Her Majesty the Queen of Great Britain and Ireland, and His Imperial Majesty the Emperor of China, being alike desirous to bring to an end the misunderstanding at present existing between their respective Governments, and to secure their relations against further interruption, have for this purpose appointed Plenipotentiaries, that is to say:-

Her Majesty the Queen of Great Britain and Ireland, the Earl of Elgin and Kincardine; and His Imperial Majesty the Emperor of China His Imperial Highness the Prince of Kung; who having met and communicated to each other their full powers, and finding these to be in proper form, have agreed upon the following Convention, in Nine Articles :-

　　　　　　Art. I.-A breach of friendly relations having been occasioned by the act of the Garrison of Taku, which obstructed Her Britannic Majesty's Representative when on his way to Peking, for the purpose of exchanging the ratifications of the Treaty of Peace concluded at Tientsin in the month of June, one thousand eight hundred and fifty-eight, His Imperial Majesty the Emperor of China expresses his deep regret at the misunderstanding so occasioned.

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Art. II.-It is further expressly declared, that the arrangement entered into at Shanghai, in the month of October, one thousand eight hundred and fifty-eight,. between Her Britannic Majesty's Ambassador, the Earl of Elgin and Kincardine, and his Imperial Majesty's Commissioners Kweiliang and Hwashana, regarding the residence of Her Britannic Majesty's Representative in China, is hereby cancelled, and that, in accordance with Article III. of the Treaty of one thousand eight hundred and fifty-eight, Her Britannic Majesty's Representative will henceforward reside, permanently or occasionally, at Peking, as Her Britannic Majesty shall be pleased to à cide.

Art. III. It is agreed that the separate Article of the Treaty of one thousand eight hundred and fifty-eight is hereby annulled, and that in lieu of the amount of indemnity therein specified, His Imperial Majesty the Emperor of China shall pay the sum of eight millions of taels, in the following proportions or instalments, namely at Tientsin on or before the 30th day of November, the sum of five hundred thousand taels; at Canton, on or before the first day of December, one thousand eight hundred and sixty, three hundred and thirty-three thousand and thirty-three taels, less the sum which shall have been advanced by the Canton authorities toward the completion of the British Factory site of Shameen; and the remainder at the ports open to foreign trade, in quarterly payments, which shall consist of one-fifth of the gross revenue from Customs there collected; the first of the said payments being due on the thirty-first day of December, one thousand eight hundred and sixty, for the quarter terminating on that day.

　　　　　　　It is further agreed that these moneys shall be paid into the hands of an officer whom Her Britannic Majesty's Representative shall specially appoint to receive them, and that the accuracy of the amount shall, before payment, be duly ascertained by British and Chinese officers appointed to discharge this duty.

In order to prevent future discussion it is moreover declared that of the eight millions of taels herein guaranteed, two millions will be appropriated to the indemnification of the British Mercantile Community at Canton, for losses sustained by them; and the remaining six millons to the liquidation of war expenses.

　　　　　　　Art. IV. It is agreed that on the day on which this Convention is signed, His Imperial Majesty the Emperor of China shall open the port of Tientsin to trade, and that it shall be thereafter competent to British subjects to reside and trale there, under the same conditions as at any other port of China by treaty open to trade.

　　　　　　　　Art. V.-As soon as the ratifications of the Treaty of one thousand eight hundred and fifty-eight shall have been exchanged, His Imperial Majesty the Emperor of China will, by decree, command the high authorities of every province to proclaim throughout their jurisdictions that Chinese, in choosing to take service in British Colonies or other parts beyond sea, are at perfect liberty to enter into engagements with British subjects for that purpose, and to ship themselves and their families on board any British vessels at the open ports of China; also, that the high authorities aforesaid shall, in concert with Her Britannic Majesty's Representative in China, frame such regulations for the protection of Chinese migrating as above as the circumstances of the different open ports may demand.

　　　　　　　　Art. VI. With a view to the maintenance of law and order in and about the harbour of Hongkong, His Imperial Majesty the Emperor of China agrees to cede to Her Majesty the Queen of Great Britain and Ireland, Her heirs and successors, to have and to hold as a dependency of Her Britannic Majesty's Colony of Hongkong, that portion of the township of Kowloon, in the province of Kwangtung, of which a lease was granted in perpetuity to Harry Smith Parkes, Esquire, Companion of the Bath, a Member of the Allied Commission at Canton, on behalf of Her Britannic Majesty's Government by Lau Tsung-kwang, Governor-General of the Two Kwang.

It is further declared that th· lease in question is hereby cancelled, that the claims of any Chinese to property on the said portion of Kowloon shall be duly investigated by a mixed Commission of British and Chinese officers, and that compensation shall be awarded by the British Government to any Chinese whose

TARIFF AGREEMENT.

183

claim shall be by that said Commission established, should his removal be deemed necessary by the British Government.

　　　　　　Art. VII.-It is agreed that the provisions of the Treaty of one thousand eight hundred and fifty-eight, except in so far as they are modified by the present Convention, shall without delay come into operation as soon as the ratifications of the Treaty aforesaid shall have been exchanged. It is further agreed, that no separate ratification of the present Convention shall be necessary, but that it shall take effect from the date of its signature, and be equally binding with the Treaty above men- tioned on the high contracting parties.

　　　　　　Art. VIII.-It is agreed that as soon as the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight shall have been exchanged, His Imperial Majesty the Emperor of China shall, by decree, command the high autho- rities in the capital, and in the provinces, to print and publish the aforesaid Treaty and the present Convention for general information.

　　　　　　Art. IX. It is agreed that, as soon as the Convention shall have been signed, the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight shall have been exchanged, and an Imperial Decree respecting the publication of the said Convention and Treaty shall have been promulgated, as provided for by Article VIII. of the Convention, Chusan shall be evacuated by Her Britannic Majesty's troops there stationed, and Her Britannic Majesty's force now before Peking shall commence its march towards the city of Tientsin, the forts of Taku, the north coast of Shantung, and the city of Canton, at each or all of which places it shall be at the option of Her Majesty the Queen of Great Britain and Ireland to retain a force until the indemnity of eight millions of taels, guaranteed in Article III., shall have been paid.

Done at Peking, in the Court of the Board of Ceremonies, on the twenty-fourth day of October, in the year of our Lord one thousand eight hundred and sixty.

(L.S.) ELGIN AND KINCARDINE.

Seal of Chinese Plenipotentiary.

Signature of Chinese Plenipotentiary

AGREEMENT IN PURSUANCE OF ARTICLES 26 AND 28 OF THE TREATY OF TIENTSIN.

SIGNED AT SHANGHAI, 8TH NOVEMBER, 1858.

　　　　　　　Whereas it was provided, by the Treaty of Tientsin, that a conference should be held at Shanghai between Officers deputed by the British Government on the one part, and by the Chinese Government on the other part, for the purpose of determining the amount of tariff duties and transit dues to be henceforth levied, a conference has been held accordingly; and its proceedings having been submitted to the Right Honourable the Earl of Elgin and Kincardine, High Commissioner and Plenipotentiary of Her Majesty the Queen on the one part; and to Kweiliang, Hwashana, Ho Kwei-t sing, Ming-shen, and Twan Ching-shih, High Commissioners and Plenipotentiaries of His Imperial Majesty the Emperor, on the other part, these High Officers have agreed and determined upon the revised Tariff hereto appended, tue rate of transit dues there with declared, together with other Ru'es and Regulations for the better explana- tion of the Treaty aforesaid; and do hereby agree that the said Tariff and Rules- the latter being in ten Articles, thereto appended--shall be equally binding on the Governments and subjects of hot countries with the Treaty itself.

In witness where f they hereto affix their Seals and Signatures.

Done at Shanghai, in the province of Kiangsu, this eighth day of November in the year of our Lord eighteen hundred and fifty-eight, being the third day of the tenth moon of the eighth year of the reign of Hien Fung.

(L.S.) ELGIN AND KINCARDINE.

Seal of Chinese Plenipotentiaries.

Signatures of the Five Chinese Plenipotentiaries,

CUSTOMS

TARIFF.

1.--In the present reprint of the Chinese Tariff for the trade under the cognizance of the Foreign Customs Inspectorate, the Import and Export divisions of the original Tariff of 1858 and the Lists of Duty-free, of Exceptional, and of Contraband Goods, based on Rules 2, 3, and 5 of the "Rules appended to the Tariff," have been amalgamated, and arranged alphabetically.

　　　　　　　2. The decisions of the Chinese Government affecting the original Tariff which have come into operation since it was first published have been entered in their proper order.

3.-The following typographical arrangement has been adopted in this reprint:-

1o. Dutiobla articles taken over from the original Tariff are printed in ordinary type. 29. Duty-free articles are printed in italics.

3o. Exceptional and contraband articles specified in the "Rules appended to the Tariff"

are printed in black type.

4o. Entries based on decisions given since the publication of the original Tariff are

printed in SMALL CAPITALS,

4. Of the decisions given since the issue of the original Tariff, the present list comprises only those which affect Customs practice at all the Treaty Ports; local rulings not having been included.

N.B.-Customs Permits are necessary for the shipment and discharge of whatever is not allowed to accompany pass ngers as Personal Baggage, e.g., Duty-free Goods, Treasure, Parcels, etc., and all such articles must be entered on the manifest of the vessel concerned.

NAME OF ARTICLE.

TARIFF UNIT AND DUTY.

NAME OF ARTICLE.

TARIFF UNIT AND DUTY.

Per

Agar-agar....

Per T. m. c. c. 100 catties 0 1 5 0

Artificial Flowers

Agaric. See Fungus.

Asafoetida

Almonds.

See Apricot,

Bambooware

Seeds.

Alun.....

0 0 15 0100

Bangles or Armlets, Glass Bar Iron. See Metals. Beams. See Timber.

Alum, Green, or Copperas

Aniseed, Broken..

0 250

Beancake

Aniseed Oil ....

5 0 0 0

INCLUDING GUANO,*

Aniseed, Star

0500

Bean Oil.

See Oil.

Antimacassars.

See Ar-

Beans and Peas

ticles de Tapisserie.

Beaver.

T. m. c. c.

100 catties 1 5 0 0

0650

0 750

0 500

0 0 3 5

0 0 6 0

Antiques. See Curiosi-

ties.

Apricot Seeds, or Almonds

Armlets, Glass. See Ban-

gles.

Arrow-root. See Sugo. Arsenic...

Articles de Ménage

Including Drawing-room, I in- ing-room, Bedroom, Bath- room, Kitchen. Pantry, and Counting House Furniture;| Furniture for Billiard

and

Room, Bowling Alley, and Racket Court; Safes, Stoves, Grates, Cooking Ranges, Fire-irons, Fenders, Coal- scuttles, etc.; Cornices and Curtains, etc.; Gas Fittings, Bella, etc; Books, Music, Musical Instruments, Scien- tific Instruments and Ap- paratus, etc; Saddlery, Harness, and Carriages; Foreign Carpeting Druggeting, etc. [Exclu- ding Clocks, Musical Boxes, Pictures, Paintings, Look- Dg-glasses, Mirrors, Curio- sities, Lampwicks, Mats, Quilts, Blankets, Rugs of Hair or Skin, Chinese Car- pets and Druggets Leather Trunks, Native Chinaware Pottery, and Earthenware.] Articles de Tapisserie

Including Berlin Wool Work,

Antimacassars, etc.

......

0 4 5 0

Beaver Skins. See Skins,

Bed Quilts, Cotton.

Palampore.

See

Beef and Pork. See Meats.

Beeswax, Yellow

Beer. See Wines

0 450

Free.

*........

100 catties 1 0 0 0

Bells. See Articles de Mé-

nage.

Berlin Wool Work. Seel

Articles de Tapisserie.

Betel-nuts

Betel-nut Husk

Bezoar, Cow.

Bezoar.

0 150

0 0

See Cow

Bicho de Mar, Black...

Bicho de Mar, White

ཐ

Birds' Nests, 1st Quality. Catty Birds' Nests, 2nd Quality Birds Nests, 3rd Quality,

or Uncleaned

Biscuit, all kinds, Plain

and Fancy................... Bitters. See Wines. Blankets. See Woollen

Manufactures.

Blotting Paper. See Sta-

tionery.

Bombazettes. See Wool-

len Manufactures.

Bonbons. See Confection-

ery.

Free.

1 5 0 0 0350

0 550 0450

0 150

Boneware and Hornware.'100 catties 1500

* GUANO is allowed to pay 5 per cent, ad valorem at importer's option.

CUSTOMS TARIFF.

NAME OF ARTICLE.

Per

TARIFF UNIT AND DUTY.

[T. m. c. c.

NAME OF ARTICLE.

Cannon

185

TARIFF UNIT AND DUTY.

T. m. c. c.

Per

Books,

CHINESE. See

Paper, 1st Quality.

Books, Foreign. See Ar-

ticles de Ménage.

Boots, Chinese. See Shoes

and Boots.

Boots Foreign. See Cloth-

ing, Foreign

Bracelets, Foreign.

Jewellery, Foreign.

Seel

Cardamoms, Superior

Brass Buttons [EXPORT

TARIFF]

100 catties 3 0 0

Grains of Paradise

Brass Buttons [IMPORT

TARIFF]

Brass-foil....

Gross [100 catties

0 0 5 5

Including Oil Floor-cloth.

1 5 0 0

Brassware

1 0 0 0

pets.]

1 150

Carpeting, Foreign.

0 2 0 0

Carpeting, Foreign

[Excluding Chinese Car-

Articles de Ménage.

Carpets and Druggets... Hundred

Not including Foreign Car-

peting and Druggetang. Carriages. See Articles de

Ménage.

Cash. See Copper Cash. Cassia Buds

Cannot be imported or exported except un- der Special Authority. Cantharides...... Canvas and Cotton Duck, not exceeding 50 yards long

Capoor Cutchery

Caps, Felt. See Felt Caps.

Caps, Silk.

See Silk.

Cardamoms, Inferior, or

100 catties 2000

Piece 0400 100 catties] 0 3 0 0

1 0 0 0

0 5 0 0

Free.

See

Brass Wire

Brick Tea. See Tes, Brick. Brimstone and Sulphur.

Cannot be imported or exported except un- der Special Authority. Broadcloth. See Wool-

len Manufactures.

Brocades. See Cotton

Piece Goods.

Brooches. See Jewellery,

Foreign.

Buffalo Hides. See Hides,

Buffalo.

Buffalo Horns. See Horns,

Buffalo.

Buffalo Sinews. See Si-

news.

BUILDING MATERIALS NOT

SPECIFIED IN TARIFF,

IMPORTED FOR OTHER

THAN OFFICIAL PUR-5 per cent.]

POSES.

Building Materials import-

　　　　ed for official residences or offices....

Bullion, Gold and Silver... Bunting. See Woollen

Manufactures.

Butter

Including Condensed and De-

siccated Milk,

Buttons, Brass. See Brass

Buttons.

Cakes. See Confectionery. Camagon-wood.

Wood, Camagon.

Seel

Cambrics. See Cotton

Piece Goods.

CAMELS' HAIR. See HAIR,

CAMELS'.

CAMELS'

WOOL, CAMELS'.

Jad valorem

Free

دو

Cassia Lignea

Cassia Oil

Cassia Twigs

Cassimeres. See Woollen

Manufactures.

Castor Oil

Excluding Foreign Castor Oil,

arriving in quantities of Yess than 100 catties weight.

Free.

Caviare. See Meats.

Ceruse. See Lead, White.

3 5 0 0

100 catties 0 8 0 0

0600

9000

0150

0 200

Charcoal

Free.

Charms,

Foreign. Seel

Jewellery, Foreign.

Cheese

Chestnuts

China-root

Chinaware, Coarse....

INCLUDING SWATOW NATIVE CHINAWARE; NOT INCLUD- ING COARSE CHINAWARE OF THE VALUE OF TLS. 1 To TLS. 1.50 PER PICUL EX- PORTED FROM PAKHOI, WHICH PAYS AS POTTERY, EARTHENWARE.

Chinaware, Fine.. Chinaware, Foreign. See

Glassware.

Chintzes. See Cotton

Piece Goods.

Chocolate.

100 catties 0 1 0 0

وو

0 1 3 0 0450

0 9 0 0

tionery.

See Confec-

Chutneys. See Vegetables. Cigar-cases. See Cigars. Cigar holders. See Cigars. Cigars, Foreign

Including Cigar-cases, Cigar.

holders, and Pipes.

CITRONS, See Vegetables.

Free.

100 catties 0 7 510 1 5 0 0

WOOL. See

Camlets. See Woollen

Manufactures.

Camphor

|100 catties

0 7 5 0

Cinnabar

Camphor, Baroos, Clean.

Catty

Camphor, Baroos, Refuse.

1 3 0 0 07 20

Cinnamon

Candles, Foreign

Free.

Clocks

Canes

Thousand 0 5 0 0

5 per cent. [ad valorem

186

CUSTOMS TARIFF.

NAME OF ARTICLE.

Clothing, Cotton Clothing, Foreign...

Including Ready-made Cloth- ing of all kinds for Head, Person, or Foot, or First Materials for Foreign Cloth- ing, male and female (if im- ported in reasonable quanti- ties by Foreign Retail Dea- lers, Tailors, and Milliners, for Foreign use); Foreign Boots and Shoes, Hosiery, Haberdashery, and Milli- nery [Excluding Umbrel- las, Cotton Handkerchiefs, Silk Ribbons. Silk f'hread,[ Silk Shawls, Silk Scarves, Silk Tassels, Silk Caps, Chinese Felt Caps, Chinese Boots and Shoes.]

Clothing, Silk..... Cloves

Cloves, Mother

TARIFF UNIT AND DUTY.

Per T. m. c. c. 100 catties 1 5 0 0

Free.

100 catties 10 0 0 0

NAME OF ARTICLE.

Copper, in Sheets.

Metals.

See

Copper, in Slabs. See

Metals.

Copper Nails. See Metals. Copper Rods. See Metals. Copperware and Pewter-

ware.........................

INCLUDING White Metal

PIPES (INFERIOR).

Copper, Old, Sheathing... Copper Ore.

Copperas.

Green.

Coral....

See Alum,

TARIFF UNIT AND DUTY.

Per T. m. c. c.

200 catties 1 1 5 0

0 500 0500

Copying Presses. See Sta-

tionery.

Corals, False

Catty 100 catties

0 1 0 0

0 5 0 0

0 18 0

Cordage, Manila

0 3 5 0 0 3 5 0

Cordials.

See Wines.

'T'on

0 0 5 0

Cornelian Beads

7000

Cornelians

100 stones

0 300

Corn-flour.

See Sago.

Coal, Foreign *

COAL, NATIVE : FORMO-

SA, HUPEH, ANHWEI,' KWANGSI, AND K'AI- P'ING...

COAL, NATIVE,

SORTS

Coal shipped by Yachts for

their own use

0 1 0 0

OTHER

0 3 0 0

Free.

Coal-scuttles.

See Articles

de Ménage.

100 catties 5 0 0 0

Cochineal..

　　　　　　Cocoa. See Confectionery. COCOA-NUTS, See Vegetables Cocoons. See Silk. COCOONS, REFUSE

{15 per cent.

COCOON SKINS (SHELLS).. Coffee. See Confectionery. Coins, Foreign

Coir

СОКЕ..

Comfits. See Preserves. Confectionery

Including Pustry, Cakes, Bon- bons, Coffee, Chocolate, Co- coa, Spices, Sauces, Season- ings, Flavouring Essences, Foreign Pepper, Mustard, Table Salt in small jars, Ketchup, Vinegar, and Oil; Anchory, Tomato, and Wor- cestershire Sauces. [Ex- cluding Cinnamon, Cloves, Mace, Nutmegs, Honey, Liquorice, Sugar Candy, Chinese Preserves, Comfits, and Sweetmeats.] Cooking Ranges. See Ar-

　　　　　　　　ticles de Ménage. Copper. See Metals. Copper Cash

Can only be exported

under Bond to a Chi-| nese Treaty Port.

COPPER CASH, JAPANESE,

MAY BE IMPORTED.

'ad valorem"

Free.

Ton

100 catties 0 1 0 0 0150

Free.

Cornices. See Articles de

Ménage.

Cotton Cloth, Native. See

Nankeen,

Cotton Duck. See Can-

vas.

Cotton Piece Goods:-

Grey, White, Plain and

Twilled: exceeding 34 ins. wide, and not exceeding| 40 yds. long..................•••| INCLUDING T-CLOTHS 36

INCHES WIDE AND YARDS LONG,

exceeding 34 ins. wide and exceed- ing 40 yds. long. Drills and Jeans:

not exceeding 30 ins. wide and not ex- eceding 40 yd-.long not exceeding 30 ins. wide and not ex- ceeding 30 yds. long T-Cloths:

not exceeding 34 ins. wide and not ex- ceeding 48 yds. long not exceeding 34 ins.

wide and not ex- ceeding 24 yds. long Dyed, Figured and Plain, not exceeding 36 ins. wide and not! exceeding 40 yd long

EXCLUDING FOREIGN COT- TONS DYED IN CHINA, See Naukeen and Native Cotton Cloth.

Piece

0 0 8 0

Every 10 yards.

0 0 20

Piece

0 1 0 0

0 0 75

008 0

0040

0150

* On re-hipment, no ma'te: whether for export or consumption on board the vessel in question, a Drawback

(or Exemption Certificate, if applied for) is granted.

CUSTOMS 'TARIFF.

187

NAME OF ARTICLE.

TARIFF UNIT AND DUTY.

NAME OF ARTICLE.

TARIFF UNIT AND DUTY.

Per

(T. m. c. c.

Per

T. m. c. c.

Cotton Piece Goods-cont.] Fancy White Brocades and White Spotted Shirtings,

ex-

Curiosities, Antiques...

Excluding Curios, Presents, etc., when forming part of a traveller's Personal Bag- and not being carried in such quantity us to sug- gest a trading operation. Free

gage

Curtains. See Articles de

ad valorem 5 per cent.

not

ceeding 36 ins. wide and not exceeding 40 yds. long.. Printed Chintzes and Furnitures, not ex- ceeding 31 ins. wide] and not exceeding 30 yds. long...... Cambrics:

not exceeding 46 ins. wide and not ex- ceeding 24 yds.long not exceeding 46 ins. wide and not ex- ceeding 12 yds. long Muslins :

not exceeding 46 ins.

wide and not ex- ceeding 2 tyds. long| not exceeding 46 ins.

wide and not ex cecding 12 y ls. long Damasks, not exceeding 36 ins. wide and not

exceeding

long

Piece

0 1 0 0

Ménage.

Cutch

0 0 7 0

Cutlery

CUTTLE-FISH.

Salt.

Damasks.

See Fish,

100 catties 0 18 0

Free.

See Cotton

Piece Goods.

0 0 7 0

Dates, Black

100 catties' 0 15 0

Dates, Red

0 0 90

Deer Horns. See Horns,

0 0 3 5

Deer.

Deer Sinews.

tionery.

0 0 7 5

0035

40 yds.

0 2 0 0

...

Dimities or Quiltings not exceeding 40 ins. wide and not exceed- ing 12 yds. long Ginghams, not exceed- ing 28 ins. wide and not exceeding 30 yds. long

Handkerchiefs, not ex- ceeding 1 yd. square.

Fustians, not exceeding|

35 yds. long..

Velveteens, not exceed

ing 34 yds. long

Cotton Rags

Cotton, Raw

Cotton Seed Oil. See Oil.j Cotton Thread

Cotton Yarn

Cow Rezoar [EXPORT

TARIFF]

Cow Bezoar, Indian [IM-

　　　　　　　　PORT TARIFF]........................ Cow Hides. See Hides,

　　　　　　　　Buffalo Crackers, Fireworks Crape, Silk. See Silk

See

Piece Goods. Crockery, Foreign.

　　　　　　　　Glassware. Crystalware. See Glass-

ware and Crystalware.

Cubebs..

0 0 6 5

Dozen

0035

0025

Piece

0 200

0150

100 catties 0 0 4 5

See Sinews.

Despatch Boxes. See Sta-

Dimities. See Cotton Piece)

Goods.

Dock Stores (under Special|

Regulations)....

NOT INCLUDING SHIPS'

SIDE LIGHTS, NOT IM-{ PORTED FOR SPECIFIED VESSELS.

Doe Skius. See Skins,

Doe.

Dragon's Blood. See

Gum, Dragon's Blood. Drills. See Cotton Piece

Goods. Druggeting, Foreign

Excluding Chinese Druggets. Druggets. See Carpets. Duck, Cotton. See Can-

vas.

Dye, Green [Native: Lü- Lü- kiao]

Dyed Cottons. See Cot-

ton Piece Goods.

Ear-rings, Foreign.

Free.

Catty

0800

See

0 3 5 0

Jewellery, Foreign.

Earthenware. See Pot-

07 20

tery.

0 7 0 0

Eggs, Preserved.......

Thousand

Catty

0 3 6 0

1 5 0 0

Embroideries, Silk.

Silk Piece Goods.

100 catties 050 0

1 5 0 0

See Vege-

tables.

CUMQUATS.

Ebony. See Wood, Ebony.

Elephants' Teeth, Broken 100 catties

Elephants' Teeth, Whole.

False Pearls.

See!

Hundred

0 3 5 0 3 0 0 0 4000

Essences, Flavouring. See

Confectionery.

See Pearls.

Fancy Cottons. See Cot-

ton Piece Goods.

Fans, Feather......

Fans, Palm-leaf, Trim-

med

Fans, Palm-leaf, Untrim-

med Fans, Paper

0750

Thousand 0 3 6 0

رو

Hundred

0200 0 0 4 5

188

NAME OF ARTICLE.

Kingfishers',

Feat! ers,

Peacocks'..

Felt Caps....

Felt Cuttings

Fenders.

See Articles de

Ménage.

de Ménage.

Firewood

Fire-irons. See Articles]

　　　　　　Fireworks. See Crackers. Fish, Dried. See Stock

Fish.

Fish, Salt...

INCLUDING CUTTLE-FISH.

Fish Maws

Not including Sharks' Skins,

Fish Skins

Flannel,

See

Woollen|

Manufactures.

Flints

Floss Silk. See Silk.

Flour..

Flowers, Artificial.

Artificial Flowers.

Fowling-pieces

CUSTOMS TARIFF.

TARIFF UNIT AND DUTY.

Per

Hundred

¡T. m. c. c.

0400 1250

100 catties 0 100

Free.

100 catties 0 1 8 0

Free.

Sec

Cannot be imported or exported except un- der Special Authority. Fox Skins. See Skins

Fox.

Fragrant-wood.

See

See Vege

　　　　　　　Wood, Fragrant. Fruits, Foreign.

tables.

Fruits, Fresh and Preser-

ved. See Vegetables.

Fungus, cr Agaric... Frniture of all kinds. Se

Articles de Ménage.

Furnitures, Cotton. See Cotton Piece Goods.

Fustians. See

Piece Goods.

Galangal

Gambier

Gamboge

Cotton

Game, Tinned. See Meats

Preserved, Foreign.

Garoo-wood. See Wood.

Garlic

Garoo.

Gas Fittings.

See Articles

de Ménage.

Ganze, Silk. See Silk

Piece Goods.

GEAR, SHIPS': OLD ROPES, OLD SAILS, OLD SPARS -LANDED UNDER PER

MIT

GEAR, SHIPS': ANCHORS,'

CHAINS, AND

1 0 0 0 0200

0 0 3 0

100 cattier 0 6 0 0

0100 0150

1 0 0 0

NAME OF ARTICLE.

Ginseng, American, Clari-

fied

GINSENG, RE-CLARIFIED, i.e., CRUDE GINSENG IMPORTED AND CLARI- FIED AT A TREATY PORT, AND SHIPPED COAST- WISE, TO PAY EXPORT AND COAST TRADE DUTY AS THOUGH IT WERE NATIVE PRODUCE. Ginseng, American, Crude Ginseng, Corean or Japan, 1st Quality. i.e., VALUED AT Tls. 5 AND OVER A CATTY

Ginseng, Corean or Ja. pan, 2nd Quality, i.e.,

VALUED AT MORE THAN Tls. 1 AND LESS THAN Tls. 5 A CATTY GINSENG, COREAN OR JA- PAN, UNCLASSED, i.e., Valued at Tls. 1 AND LESS A CATTY

TO INCLUDE COREAN OR JAPAN GINSENG CUT- TINGS AND BEARD.

Ginseng, Native...................... Glass Bangles, or Arm.

lets Glass Beads

Glass, or Vitrified Ware Glassware and

ware ......

Crystal-

Including Foreign Crockery and Foreign Chinaware ano Porcelain. [Excluding Na tive Chinaware, Native Pot tery, and Native Earthen ware; Window Glass, Tele scopes, Spy and Opera Glas- ses, Looking-glasses and Mirrors; also Chinese Glase Beads and Glassware of all Linds].

Glass, Window

GLASS IMPORTED FOR THE

0 0

Glue

Free.

OLD

METAL, WHEN RE-

MOVED FROM A VES-

SEL

NOT INTENDED

TO BE BROKEN UP

Ginghams. See Cotton

Fiece Goods.

per cent.

ad valorem'

USE OF CHURCHES LIABLE TO DUTY.

TARIFF UNIT AND DUTY.

Per T. m. c. c.

100 catties 8 0 0 0.

6000

Catty

0 5 0 0

0 3 5 0

0050

5 per cent. [ad valorem

100 catties 0 5 0 0

0500 0500

Free.

Box 100 sq. ft.

0 1 5 0

100 catties 0 15 0

Goats' Hair. See Hair.

Goats'.

Gold and Silver Bullion.

See Bullion.

Gold Thread, Imitation.

TO COMPREHEND FOREIGN

IMITATION GOLD THREAI MADE OF COPPER ANI SILVER AND AFTERWARDS GILT.

Gold Thread, Real......... Goldware. See Silver-

ware and Goldware. Grain of all kinds [See

Rice]

Grains of Paradise. See

Cardamoms.

Catty

0 0 3 0

1 6 0 0

100 catties 0 1 0 0

•

CUSTOMS TARIFF.

189

NAME OF ARTICLE.

TARIFF UNIT AND DUTY.

NAME OF ARTICLE.

TARIFF UNIT AND DUTK.;

Per

T. m. c. c.

Per

T. m. c. c.

Grasscloth, Coarse (HA- VING 40 OR LESS THREADS IN THE WARP TO AN INCH).. Grasscloth, Fine (HAVING OVER 40 THREADS IN THE WARP TO AN INCH) Grates. See Articles de

Ménage.

100 catties 0 7 5 0

2 5 0 0

Hosiery.

Hornware.

See Bone-

ware.

See Clothing,

Foreign.

Household Stores, etc.

Free.

Green Alum.

See Alum,

Green.

Green Dye.

See Dye,

Green.

Green Paint. See Paint.

Ground-nut Cake

Ground-nuts

GUANO. See Beancake.

Gum. See Stationery.

Gum Benjamin

　　　　　Gum Benjamin, Oil of Gum, Dragon's Blood Gum Myrrh...... Gum Olibanum

Gunpowder

Cannot be imported or exported except un- der Special Authority. Gypsum, Ground, or Plas-

ter of Paris Haberdashery. See Cloth-

ing, Foreign.

Habit Cloth. See Wool-

len Manufactures.

HAIR, CAMELS'

Hair, Goats'

0 0 3 0

}}

0 1 0 0

འ འ ང བ བ

0 6 0 0 0600

0450

0 45 0

100 catties 0 0 3 0

5 per cent.

Hair-pins, Foreign. See

　　　　　　Jewellery, Foreign. Hair Rugs. See Rugs. Hams

Handkerchiefs, Cotton.

　　　　　　　　See Cotton Piece Goods. Hare Skins. See Skins,

Hare.

Harness. See Articles de

Ménage.

Hartall, or Orpiment..............

Hemp

[100 catties 0 18 0

HEMP, RAW, OR CHINA 5 per cent.

GRASS (RHEA).............

Hemp Seed Oil. See Oil.

Hemp Twine. See Twine.

ad valorem

0 5 5 0

Articles not named in the

Tariff as dutiable, nor being articles, or one or more of a class of articles, specifically mentioned in the Duty free List, if imported or exported for the special and personal use of specified Individuals, Hongs, Companies, or Ships, and in reasonable_quanti-| ties, may, when declared to be Household Stores, Ships' Stores, or Personal Baggage, Tariff- be passed free.

named articles declared as Household Stores are duti- able. See also Dock Stor es. Implements of War

Cannot be imported or exported except un- der Special Authority. Indigo, Dry.... Indigo, Liquid

Ink, Foreign. See Sta-

tionery. Ink, India

Insect Wax. See Wax,

White.

Iron Bars.

See Metals.

Iron Hoops. See Me-

tals.

IRON HOOps, Old. See

Metals.

Iron, in Pigs. See Me-

tals.

Iron, in Sheets. See Me-

tals.

IKON NAILS.

See Metals.

IRON PANS. See Metals. Iron Rods. See Metals. See Metals.

Iron Wire.

Isinglass

Ivory ware

Jeans. See Cotton Piece

Goods.

0 3 5 0

Jewellery, Foreign

0 3 5 0

Hides, Buffalo and Cow.. 100 catties 0 5 0 0

Hides, Rhinoceros

Honey

Hoop Iron.

UNCLEANED HONEY.

COMPREHEND

WILD

See Metals.

Horns, Buffalo

Horns, Deer [IMPORT TA-

RIFF]

Horns, Deer, Young [Ex-

0420 0900

Including Foreign Shirt Studs, Sleeve Links, Watch Chains,

Kings,

Charms,

Pencil

Cases, Eur rings, Necklets, Brooches, Bracelets, Lockets, Hair-pins, Scent Bottles. [Excluding Coral, Corne- lians, Bangles, Glass Beads, False Pearls, Goldware and Silverware.

Joists. See Timber. Joss-sticks

JUTE......

Kentledge. See Metals. Ketchup. See Confection-

Kingfishers'

0 2

ery.

0 250

PORT TARIFF]

Pair

0900

Horus, Deer,

Old [Ex-

PORT TARIFF].

Horns, Rhinoceros..

100 catties 1 3 5 0 2000

Feathers.

See Feathers. Kittysols, or Paper Um-

brellas

Kranjee-wood. See Wood,

Kranjee.

100 catties 1000

0 180

4 0 0 0

Catty

0 6 5 0 1 5 0

Free.

100 catties] 0 2 0 0

0200

Hundred

0 5 0 0

190

NAME OF ARTICLE.

Lacquer, Crude. See

Varnish. Lacquered Ware Laka-wood. See Wood,

Laka.

Lampwicks

CUSTOMS TARIFF.

TABIFF UNIT AND DUTY.

NAME OF ARTICLE.

Per

¡T. m. c. c.

[100 catties 1 0 0 0

0 6 0 0

See Me-

Lastinge. See Woollen

Manufactures.

Lead, in Pigs.

tals.

Metals.

Lead, in Sheets. See

Lead, Red (Minium)..

Lead, White (Ceruse)

Lead, Yellow (Massicot).

Leather

Leather Articles,

OF ARRIVAL, i.e., ORI- GINAL PRICE plus EX- PENSES FOR COMMISSION, FREIGHT, AND OTHER CHARGES. IF THE EX- PENSES CANNOT BE AS- CERTAINED, 10 PER CENT. OF THE INVOICE PRICE ADDED TO THE LATTER CONSTITUTE THE VALUE ON WHICH DUTY IS TO BE CHARGED.

Maizena. See Sago.

Mangrove Bark

Manure-cakes, or

Marten Skins. See Skins,

drette

Marble Slabs

0350

04 20

Marten.

Massicot.

Sec

Lead,

1 5 0 0

Yellow.

1 8 0 0

Masts. See Timber.

Pouches, Purses...........

Leather, Green

LEATHER, STRIPS OF 5 per cent.

A88

Leather Trunks. Seel

Trunks.

Lemonade. See Wines.

ad valorem

Matting

Maws.

TARIFF UNIT and Duty.

T. m. c. c.

Per

100 catties 0 0 3 0

Pou-

0 0 90 0200

Lichees...

Mats, of all kinds

Maws, Fish. See Fish

Meal, Indian and Oat....... Preserved, For-

Leopard

Skins. See

Skins, Leopard.

100 catties 0 200

Meats, eign

5 per cent.

ad valorem

LIGHTS, SHIPS' SIDE,

NOT

IMPORTED FOR

SPECIFIED VESSELS

Lily Flowers, Dried Lily Seeds, or Lotus Nuts. Linen and Cotton Mix-

　　　　　　　　　tures. See Linen. Linen, Coarse, as Linen and Cotton or Silk and Linen Mixtures, not exceeding 50 yds. long. Linen, Fine, as Irish or Scotch, not exceeding 50 yds. long.

See Wines.

100 catties 0 270

0 5 0 0

Piece

0 200

0 5 0 0

........100 catties 0 1 3 5

Liqueurs.

Liquorice..

Lockets. See Jewellery,

Foreign.

Long Ells. See Woollen

Manufactures.

Looking-glasses. See Te-

lescopes.

Lotus-nuts. See Lily

Seeds.

Lucraban Seed

Lung-ngans

0 0 3 5 0250

Lung-ngans without the

Stone

0 3 5 0

Lustres,

See Woollen

1 0 0 0

5 per cent.

Jad valorem

Mace...

Including Fish, Flesh, Fowl, Tinned Game of all kinds, Shell-fish, Patties, Sausages, Caviare, Beef and Pork in casks for Ships. [Ex- cluding Hams and Salt Fisb.]

MEDICATED WINES..............

Medicines, Foreign

Including__Surgical Instru-

ments, Photographic Chemi- cals and Apparatus; also Medicines of Foreign origin made up for Chinese use* [Excluding Castor Oil, if arriving in quantities of more than 100 catties weight at a time.] Medium Cloth. See Wool-1

len Manufactures. Melon Seeds

Metals:-

Copper, Manufactured; as in Sheets, Rods, Nails.... Copper, Unmanufac tured, as in Slabs. Copper, Yellow Metal, Sheathing, and Nails Copper, Japan...

Iron, Manufactured, as in Sheets, Rods, Bars,| Hoops

Iron, Unmanufactured,

as in Pigs..

Iron, Kentledge.

Iron Wire

Hundred Roll of

40 yds.

Free.

5 per cent. ad valorem| Free.

0200

0 2 0 0.

100 catties 0100

150

1000

0900

0 1 2 5

0075

0 0 1 0

and Cotton Mixtures.

MACHINERY

INCLUDING MACHINERY FOR GOVERNMENT Docks, ARSENALS, ETC. DUTY IS LEVIABLE ON THE COST

OF THE MACHINERY AS

LAID DOWN AT ITS PORT

FACTURED WHOLLY FROM IRON WIRE.

If in reasonable quantities, when declared to be for the personal use of the applicant, and not for sale.

0 2 5 0

INCLUDING TRUSSES TO

BIND SILK BALES, MANU-

CUSTOMS TARIFF.

191

NAME OF ARTICLE.

TARIFF UNIT AND DUTY.

NAME OF ARTICLE.

TARIFF UNIT AND DUTY.

Per

T. m. c. c.

\T. m. c. o.

Musk

Catty

0 9 0 0

Muskets.

Metals-cont.

IRON PANS OF FOR- EIGN ORIGIN OR OF CHINESE

ORIGIN

AND MANUFACTUR- ED BY CHINESE

...

Iron Pans manufactur- ed by Foreigners at Chinese Treaty Ports cannot be imported or exported. IRON NAILS

IRON HOOPS, OLD

WHEN SHIPPED COAST WISE TO BE EXEMPT AT THE PORT OF SHIPMENT AND TO BE CHARGED 5 PER CENT. ad valorem Coast: TRADE DUTY AT PORT OF DISCHARGE.

Lead, in Pigs

Lead, in Sheets

Quicksilver

THE

Spelter

Cannot be imported

or exported except) under Special Autho-

rity.

Steel

Tin

5 per cent.

ad valorem]

100 catties 0 2 5

མ བ མ

2000 0 250

YUNNAN

TIN MAY BE PASSED COASTWISE AT HALF THE TARIFF RATE. ON BEING PROVED TO BE PROPERTY OF PRIVILEGED MINING ASSOCIATION, Tinplates.... TRUSSES, METAL, TO BIND SILK BALES, NOT OF IRON WIRE

TRUSSES, METAL,

IRON WIRE. See Iron WIRE.

Milk, Condensed and Desic-

cated. See Butter.

Millet. See Rice.

Millinery. See Clothing,

Foreign.

5 per cent.

ad valorem.*

0 250

Cannot be imported]

exported except

under Special Autho-| rity.

Muslins. See Cottons.

Mussels, Dried

100 catties 0 2 0 0

Mustard. See

Confec-

tionery.

Musters. See Samples.

Myrrh.

See Gum.

Nails, Copper. See Metals. NAILS, IRON. See Metals. Nankeen and Native Cot-

ton Cloths

INCLUDING COTTONS DYED

IN CHINA.

Narrow Cloth. See Wool-l

lens.

Necklets. See Jewellery,

Foreign.

Newspapers, Chinese Nutgalls Nutmegs

Oil, as Bean, Tea, Wood,

Cotton, and Hemp Seed] Up to 10 piculs, if reported to "be for Steamer's use: Free. Oil Floor-cloth. See Car-

peting, Foreign.

Oil, Salad. See Confec-

tionery.

Olibanum. See Gum Oli-

1 5 0 0

Free.

100 'catties 0 5 0 0

2500

0 3 0 0

Oiled Paper

").

0 450

0 4 0 0

banum.

Olive Seeds

0 3 0 0

Olives, Unpickled, Salted,

or Pickled.

0 18 0

Opera Glasses. See Teles-

copes.

ORIUM, FOREIGN†

Under Special Regula-

tions.

Tls. 110.001

Mineral Water. See Wines.

Minium. See Lead, Red.!

Mirrors. See Telescopes.

Mother-o'-pearl Shell ...100 catties] 0 2 0 0

Mother-o'-pearl Ware

Munitions of War.

Cannot be imported

or exported except under Special Autho- rity.

Mushrooms.

Music. See Articles de

Ménage.

Catty 0100

OPIUM, BOILED OR PRE-

137.50§

PARED

Under special Regula-

tions.

Orange Peel. See Peel,

Orange.

ORANGES. See Vegetables.!

Orleans. See Woollen

Man