THE HONGKONG GOVERNMENT GAZETTE, 11TH MAY, 1861.
his district, to sit with him as Assessors at the hearing of such suit, and in case the sum sought to be recovered shall exceed five hundred dollars, such suit shall not be heard by be pro- the Consul without Assessors, if within a reasonable time such Assessors can cured; and the Assessors aforesaid shall have no authority to decide on the merits of such suit, but in the event of such Assessors, or any of them, disserting from the de- cision of the Consul, the Consul shall enter the fact of such dissent, and the grounds thereof, in the minutes of the proceedings, and in case of appeal shall transmit the same to the Consul-General, together with the documents relating to the suit.
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XV. And it is further ordered, that it shall be lawful for the Consul to enforce his Enforcement of de- decision against a British subject in a Civil suit by distress or imprisonment, in like cisions in civil suits, manner as a decision of the Supreme Court of the Colony of Hongkong, in a Civil suit, is enforced within that Colony.
duced on hearing of appeals.
XVI. And it is further ordered, that in an appeal to the Consul-General, or to the Evidence to be ad- said Supreme Court, from the decision of a Consul, it shall not be open to any party to adduce any further evidence than that which had been 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 such appeals, it shall be lawful for a party to allege facts essential to the issue of the suit which have come to his knowledge subse- quently 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 Consul-General, or the said Supreme Court to admit any further legal evidence besides that adduced before the Consul, on its being established, to the satisfaction of the Consul-General or of the said Supreme Court, by oath or affidavit, that the party desiring to produce such further vidence 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 wheresover, under the particular circumstances of the case, it shall appear to the said Consul-General, or the said Suprem Court, that further evidence ought to be received.
nesses.
XVII. And it is further ordered, that the Consul shall have power in a civil suit Examination of wit-
may de- to examine on oath, or in such form and with such ceremonics as the witness clare to be binding on his conscience, any witness who may appear before him, and shall have power, on the application of any party in such suit, to issue a compulsory order for the attendance of any person being a British subject who may be competent to give evi- dence in such suit; and any British subject having been duly served with any such compulsory order, and with a reasonable notice of the day of the hearing of such suit, and upon his expenses of appearing as a witness having been paid or tendered to him by the party at whose application he shall have been ordered to attend, shall, on his wil- ful default to appear as a witness at the heaving of such suit, be punished with a fine not exceeding one hundred dollars, or with imprisonment for a period not exceeding thirty days, at the discretion of the said Consul; "and every witness, being a British sub- jeet, so examined as aforesaid, in case of wilful false testimony, may, by the said Consul, be convicted of and punished for the crime of wilful and corrupt perjury.
by agreement or arbi-
XVIII. And it is further ordered, that it shall be lawful for the Consul to promote Settlement of suits the settlement of a suit or contention by amicable agreement between the parties, and, tration. with the consent of the several parties, to refer the decision of a suit or contention to one or more arbitrators, and to take security from the parties that they will be bound by the result of such; and the award of such arbitrator or arbitrators shall be, to all intents and purposes, decined and taken to be a judgment or sentence of the Consul in such suit or contention, and shall be entered and recorded as such, and shall have the like effect and operation, and shall be enforced accordingly, and shall not be subject to any appeal.
Trial of crimes com- mitted by British sub-
XIX. And it is further ordered, that it shall be lawful for any of Her Majesty's Consula to cause to be apprehended and brought before him any British subject who jeets. may be charged with having committed any crime or offence within the dominions of the Tycoon of Japan, or on board of any Japaneses ship or vessel within the said domi- nions; and such Consul shall thereupon proceed, with all convenient speed, to inquire concerning the same, and for such purpose shall have power to examine on oath, or in such form and with such ceremonies as the witness shall declared to be binding on his conscience, any witness who may appear before him to substantiate such charge; and shall have power to compel any person, being a British subject, who may be competent to give evidence as to the guilt or innocence of the party so charged, to appear and give evidence, and to punish the wilful default of any such person to appear and give evi- dence, after reasonable notice of the day of the hearing of such charge, by fine or im- prisonment, in like manner as provided in Article XVII of this Order, and shall ex- amine every such witness in the presence and hearing of the party accused, and afford The accused party all reasonable facility for cross-examining such witness, and shall