1933

H.B.M. SUBJECTS' IJf CHINA AND COREA
125
(&)' For i^egtllating five'means by which parfieulir facts may be
-proved in the said Courts; ■ 1'. .
(e) Fer prescribing any ferms'to be: used ; ' -
(d) For prescribing or regulating the duties of the OtKders of the
said Courts;
(e) For prescribing scales of costs and regulating any ^matters in
connection therewith ;
(/) For prescribing and enforcing the fee$ to be taken in respect
of any proceedings under this Order, not exceeding; as regards
any matters provided for by the Consular Salaries and Fees Act,
1891, fees fixed and allowed from time to time by any Order in
Council made under that Act;
: ■{$) For prescribing the allowances to be made in criminal cases to
complainants, witnesses, jurors, assessors, interpreters, medical
practitioners, and other persons employed in the administration
of Justice and the conditions upon which an order may be made
by the Court for such allowances;
(h) For taking and transmitting depositions of witnesses for use at
trials in a British possession or in the United Kingdom;
(i) For regulating the mode in which legal practitioners are to be
admitted to practise as such, and for withdrawing or suspending
the right to practise on grounds of misconduct, subject to a
right of appeal to His Majesty in Council.
Where under any- Act of Parliaipent whjch is applicable to China
and Corea, Rules ipay or are required to be made in England by the Lord
Chancellor, or any Judicial authority, the powers of this Article shall
include a-peAver to make such. Rules for the purposes.qf that..A.ct so far
as applicable. ;
Rules framed under this Article shall not have effect until approved
by the Secretary , of State,,an.d, so far as th^y rqlate to fees and costs,
-sanctioned by the Treasury; but in, case of urgency declared in any such
Rules with the approval of His Majesty’s Minister, the same shall have
effect unless and until they are disapproved by the Secretary of State
and notification of such disapproval is recorded and published by the
Judge,of the Supreme Court.
Until such rules have been made, or in relation to matters to which
they do not extend, a Court may adopt, and use any procedure or forms
heretofore in use in the Consular Courts in China or Corea, or any
Regulations or Rules made thereunder, and in force immediately before
the commencement of this Order, with any modifications or adaptations
which may be necessary.
120.—(1) The Court may, in any case, if it thinks fit, on account of Power to
the poverty of a party, or for any other reason, to be recorded in the ffffifSSTS**
Minutes, dispense with or remit the payment of any fee in whole Court fees,
or in part.
(2) Payment of fees payable under any Rules to be made in pur¬
suance of this Order, and of costs and of charges and expenses, of
witnesses, prosecutions, punishments, and deportations and of other
•charges and expenses, and of fines respectively payable under this Order,
may be enforced under order of the Court by seizure and sale of goods, and
•on default of sufficient goods, by imprisonment as a civil prisoner for a term
not exceeding one month, but such imprisonment shall not operate as a
satisfaction or extinguishment of the liability.
(3) Any bill of sale or mortgage, or transfer of property made with
a view of avoiding seizure or sale of goods or ship under any provision of
this Order, shall not be effectual to defeat the provisions of this Order.