242
THE HONGKONG GOVERNMENT GAZETTE, 19TH SEPTEMBER, 1863.
:
dissatisfied with the decision given upon the said Suit by the Consul before whom the same shall be heard or tried it shall be lawful for such party within fifteen days after such decision to give to the Consul Notice of Appeal to the Supreme Court of Hongkong whereupon the Consul shall with as little delay as possible stamp with his Consular Seal and transmit to the said Supreme Court all the Docu- ments which were produced before him and none other and also the Notes taken by him of the evidence adduced in the said Suit together with a Statement of the grounds on which he formed his decision and an exact Copy of the Order made by him, and shall forthwith notify to the several parties the transmission thereof. Provided always that it shall be lawful for the Consul to require from any party appealing to the said Court reasonable Security which shall consist in part of one or two sufficient Sureties to be approved by the Consul that such party shall and will abide by the decision to be given by the said Supreme Court and pay all such Costs of and incidental to such appeal as the said Supreme Court shall direct.
3. AND WE do further direct and ordain that it shall be competent to the said Supreme Court and the said Court is hereby required to take into consideration such Documents and Statements and decide upon the same and to communicate its decision to the Consul who shall forthwith proceed to carry the same into execution.
4. AND WE do further direct and ordain that in any appeal to the said Court from the decision of a Consul it shall not be open to any party except as hereinafter is provided to adduce any further evidence than that which was laid before the Consul and that a party shall not be required to appear personally to prosecute an appeal or support a sentence. PROVIDED ALWAYS that in all appeals from the decision of a Consul it shall be lawful for a party to allege facts essential to the issue of the Suit which have come to his knowledge subsequently to the decision of the Consul and to produce evidence in support of such facts. And provided also that it shall moreover be lawful for the said Court to admit any further legal evidence besides that adduced before the Consul on its being established to the satisfaction of the said Court by Oath on Personal Examination or by Affidavit that the party desiring to produce such further evidence was ignorant of the existence of such evidence or was taken by surprise at the hearing before the Consul or was unable to produce it before the Consul after due and reasonable diligence and exertion on his part in that behalf or wheresoever under the particular circumstances of the case it shall appear to the said Court that further evidence ought to be received.
5. AND WE do hereby give and grant to the said Supreme Court full Jurisdiction power and authority to hear and determine all such Causes, Suits, Matters and Things as are mentioned and com- prised in the said twenty-eighth Article of the aforesaid Order in Council of twenty-third January One thousand eight hundred and sixty.
6. AND WE do further direct and ordain that it shall be lawful for the said Court to make such rules, orders and regulations not being inconsistent with the provisions of the said Order in Council or with these Our Letters Patent or with the Laws in force in Hongkong as may in the Judgment of the said Court be requisite for the speedy and effectual decision of the aforesaid Appeals and also of the said Causes, Suits, Matters and Things. PROVIDED ALWAYS that all such Rules Orders and Regulations shall forthwith be communicated to the Governor of Hongkong and by him. shall be transmitted to Us Our Heirs and Successors under the Seal of the said Court for Our or Their approbation or disallowance to be signified through one of Our Principal Secretaries of State to the said Governor. IN WITNESS whereof WE have caused these Our Letters to be made Patent. WITNESS Ourself at Westminster the sixth day of July in the twenty-seventh year of Our Reign.
BY WARRANT UNDER THE QUEEN'S SIGN MANUAL,
C. ROMILLY.
« No. 98.
GOVERNMENT NOTIFICATION.
Tenders will be received at the Surveyor General's Office on or before Wednesday the 30th Instant for the construction of a Guard House and Warden's and other Quarters, &c., at the Victoria Gaol. Plans and Specification may be seen on application at the Surveyor General's Office between the hours of 11 A.M. and 3 P.M.
By Order,
W. H. ALEXANDER, Acting Colonial Secretary.
Colonial Secretary's Office, Hongkong, 16th September, 1863.
No. 99.
GOVERNMENT NOTIFICATION.
Purchasers of the undermentioned Lots are requested to attend at the Land Office on or before the 30th Instant to execute their several Leases, viz:-
In Victoria-Inland Lots 28, 112, 481, 488, 660, 783, 784, 807, 808, 809, 810, 811, 812, 813, 814, 815. 157, 162, 164, 165, 171, 172, 175.
726, 735, 746, 750, 751, 752, 754, 756, 772, Marine Lots 178, 56, 128, 129, 141, 156,