JULY 30, 1859.]
The Hongkong Government Gazellę.
15
Asacasors in
civil
suits.
Evidence to be ad-
XIII And it is further ordered, that it shall be lawful for any of Her Majesty's Consuls before whom any suit vever of a Civil nature is brought for decision, to summon two, and not more than four, British subjects, of good te, residing within his district, to sit with him as assessors at the hearing of such suit, and in case the sum sought be recovered shall exceed five hundred dollars such suit shall not be heard by the Consul without assessors, if within sonable time such assessors can he procured; and the assessors aforesaid shall have no anthority to decide on the its of such suit, but in the event of such assessors, or any of them, dissenting from the decision of the Consul, the Sul shall enter the fact of such dissent, and the grounds thereof, in the minutes of the proceedings, and in case of
all transmit the same to the Consul-General, together with the documents relating to the suit. XIV. And it is further ordered, that in an appeal to the Consul-General from the decision of a Consul, it shall Le open to any party to adduce any further evidence than that which had been laid before the Consul; and that a duced on hearing of ap y shall not be required to appear personally to prosecute an appeal, or support a sentence: Provided always, that peals. 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 have come to his knowledge subsequently to the decision of the Consul, and to produce evidence in support of och fåets, and provided also that it shall, moreover, be lawful for the said Consul-General to admit any further legal Hence besides that adduced before the Consul, on its being established, to the satisfaction of the Consul-General, "by -:h or affidavit, that the party desiring to produce such further evidence was ignorant of the existence of such evidence, - was taken by surprise at the hearing before the Consul, or was unable to produce it before the Consul, after due and sonable diligence and exertion on his part in that behalf, or where, under the particular circumstances of the case, shall appear to the said Consul-General that further evidence ought to be received.
Examination of wit-
XV. And it is further ordered, that the Consul shall have power in a civil suit to examine on oath, or in such fr and with such ceremonies as the witness may declare to be binding on his conscience, any witness who may appear nesses. Before him, and shall have power, on the application of any party in such suit, to issue a compulsory order for the
tendance of
any person being a British subject who may be competent to give evidence in such suit; and any British affect having been duly served with any such comp alsory order, and with a reasonable notice of the day of the hearing sach 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 wilful default to appear as a witness at the hearing of such . be punished with a fine not exceeding one hundred dollars, or with imprisonment for a period not exceeding thirty ys, at the discretion of the said Consul; and every witness, being a British subject, so examined as aforesaid, in case wilful false testimony, may, by the said Consul, be convicted of and punished for the crime of wilful and corrupt jury.
Settlement of suits
tration.
Trial of crimes com-
jects.
XVI. And it is further ordered, that it shall be lawful for the Consul to promote the settlement of a suit or e intention by amicable agreement between the parties, and, with the consent of the several parties, to refer the decision by agreement or arbi-
fa 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, deemed and pukea to be a judgment or sentence of the Consul in such suit or contention, and shall be entered and recorded as such, shall have the like effect and operation, an 1 shall be enforce accordingly, and shall not be subject to any appeal. XVII And it is further ordered, that it shall be lawful for any of Her Majesty's Consuls to cause to be appre- lel and brought before him any British subject who may be charged with having committed any crime or offence mitted by British sub- a thin the dominions of the Tycoon of Japan, or on board of any Jap inese ship or vessel within the said dominions; such Consul shall thereupon proceed, with all convenient speed, to inquire concerning the same, and for such rpose shall have power to examine on oath, or in such form and with such ceremonies as the witness shall declare to Building on his conscience, any witness who may appear before him to substantiate such charge; and shall have power compel any person, being a British subject, who may be competent to give evi lence as to the guilt or innocence of party so charged, to appear and give evilence, and to punish the wilful default of any such person to appear and ve evidence, after reasonable notice of the day of the hearing of such charge, by fine or imprisonment, in like manner provided in Article XV of this Order; and shall examine every such witness in the presence and hearing of the y accused, and afford the accused party all reasonable facility for cro-s-examining such witness, and shall cause the sit on of every such witness to be reduced to writing, and the same to be read over, and, if necessary, explainel to party accused, together with any other evidence that may have been given against him during the course of the try; and shall require such accused party to defend himself against the charge brought again t him, and, if necessary, aise him of the legal effect of any voluntary confession; and shall take, in like manner, the evidence of any witness when the accused party may tender to be examined in his defence; and every witness, being a British subject, so amined as aforesaid, in case of wilful false testimony, may by the said Consul be convicted an 1 punished for the crime wilful and corrupt perjury; and when the case has been fully inquired into, and the innocence or guilt of the person ased established to the satisfaction of the Consul, the Consul, as the case may be, shall either discharge the party used from custo ly if sati-fied of his innocence, or proccel to pass sentence on him if satisfied of his guilt; and it shall lawinl for any Cinsul, having inqu`red into, trie 1, and determined, in the manner aforesaid, any charge which may se brought before him, to award to the party convicted any amount of punishment not exceeding imprisonment for one
south, or a fiue of two hundred dollars.
Assessore on the trial
XVIII. And it is further ordered, that if the crime or offence whereof any person, being a British subject, may accused before any of IIer Majesty's Consuls as aforesail, shall appear to such Consul to be of such a nature as, if of crimes committed by forel, would not be adequately punished by the infliction of such punishment as aforesaid, it shall be lawful for such British subjects. Cul to summon, two or not more than four, British subjects of good repute, residing within his district, to sit with a as assessors for inquiring into, trying, and determining the charge against such person; and the Consul who shall try any such charge with the assistance of a sessors as aforesaid, shall, if he is himself convinced of the guilt of the my accused, have power to award any amount of punishment not exceeding imprisonment for twelve months or a fine Fone thousan I dolars, and the assessors aforesaid shall have no authority to decide on the innocence or gailt of the arty accused, or on the amount of punishment to be awarded to him on conviction; but in the event of the said sors, or any of them, dissenting from the said conviction of, or from the amount of punishment awarded to, the used party, the said assessors or any of them shall be authorized to record in the minutes of the proceedings the hands on which the said assessors or any of them may so dissent, and the Consul shall forthwith report to the Consul- eral the fact that such dissent has been so recorded in the minutes of the proceedings, and shall as soon as possible y before the C musul-General copies of the whole of the depositions and proceelings, with the dissent of the assessor assessors recorded therein; and it shall be lawful thereupon for the Consul-General, by warrant under his hand and adressel to the Consul by whom the case was heard an 1 determined, to confirm or vary, or remit altogether, as the Consul-General may seem fit, the punishment awarded to the party accused, and such Consul shall give immediate feet to the injunction of any such warrant.
Consuls may award
conviction.
XIX. And in order more effectually to repress crimes an offences on the part of British subjects within the minions of the Tycoon of Japan, it is further ordere 1, that it shall and may be lawful for any of Her Majesty's deportations on second
als to cause any British subject who shall have been twice convictel before him of any crime or offence, and shed for the same, and who after execution of the santec of the Consul on any second conviction shall not be able Sad good and sufficient security to the satisfaction of the Consul for his future good behaviour, to be sent out of the inions of the Tycoon of Japan; and to this end any such Consul as aforesaid shall have power an I authority, as soon as be practicable after execution of the sentence on such second conviction, to send any such twice-convicted party out the dominions of the Tycoon of Japan; if a native of the territories formerly administered by the East India Company, the port of the said territories; and if such party is not a native of such territories, to England; and meanwhile to in in custody, until a suitable opportunity for sen ling him out of the said dominions shall occur: and any so to be sent out of the said dominions as aforesaid shall be embarked in custo·ly on board one of Her Majesty's
war, or, if there should be no such vessel of war available for such purpose, then on board any British ship or band to any such port as aforesaid or to England; and it shall be lawful for the comman ler of any of Her ety's ships of war, or of any British ship or vessel bound to any such port as aforesaid, or to England, to receive sach person as aforesaid under a warrant from the Consul to him addressed, and thereupon to convey him in ly to any such port as aforesaid or to England, in the same manner as if he were a distressed British subject, She shall be willing and able himself to defray the expenses of his passage.
XX. And it is further ordered, that in any case in which any British subject shall be accused before any of Her y's Consuls of the crime of arson, or housebreaking, or cutting or maiming, or stabbing or wounding, or of any tendang ring live, or of causing any bodily injury dangerous to life, the procee lings before the Consul shall be vel on with the aid of assessors, convened in the manner aforesaid; and it shall be lawful for the Consul, if to him
sein fit, to cause any person convicted before him of any of the crimes aforesaid, over and above
any fine or
inent which may be awarded to such.person, to be sent out of the dominions of the Tycoon of Japan, and to ich port as aforesaid, or to England, in the manner pointed out in the next preceding Article of this Order, not- anding the crime laid to the charge of such person may be the first of which he has been convicted before then
Consul may, in cer- tain cases, award de- portation on just coa- viction.