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II. And it is further ordered that this Order shall Commencement of
the Order. commence and take effect from and after the day on which it shall be received by the Consul-General in Japan.
termis.
III. And it is further ordered, that, in the con- Interpretation of struction of this Order, the word "Consul "shall be construed to include all and every officer in Her Majesty's service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or person duly authorized to act in any of the aforesaid capacities in the dominions of the Tycoon of Japan, and en- gaged in carrying into execution the provisions of this Order; and that the terms "British ship," or
t
British vessel," or "ship or vessel under the British flag," shall be construed to include any ship or vessel British-registered and navigated according to law; and any ship or vessel owned, or partly owned, by a person entitled by law to be an owner of a British- registered vessel; that the term "crew" shall be construed to include all persons employed in navi- gating any such ship or vessel; and that, where. ever in this Order any word or words is or are used importing the singular number or the masculine gender only, such word or words shall, nevertheless, be construed to include several persons as well as one person, and females as well as males, unless it
be otherwise specially provided, or there be some-
thing in the subject or context repugnant to such construction.
to enforce Treaties,
and to establish
Rules and Regula-
IV. And it is further ordered that the Consul in Power to Consuls the port, place, or district in which he may reside, shall have full power and authority to carry into effect and to enforce by fine or imprisonment, as tions. hereinafter provided, the observance of the stipula- tions of the said Treaty, or of the Articles for the regulation of trade appended thereto, or of any other Treaty or Treaties which may be made between Her Majesty, her heirs and successors, and the Tycoon of Japan, his heirs and successors, or of any Articles or Regulations appended thereto, and to make and enforce, by fine or imprisonment, rules and regulations for the observance of the stipulations of any such Treaty, and for the peace, order, and good government of Her Majesty's subjects being within the dominions of the Tycoon of Japan.
(
3
Rules and Regula- V. And it is further ordered, that all rules and tions to be exhibited regulations made by the Consul as aforesaid shall
in the Consular
Office.
Proceedings for enforcement of Treaties, and of Rules and Regula
tions for the observance thereof.
forthwith be printed, and a copy of the same shall
be affixed, and kept affixed and exhibited, in some conspicuous place in the public office of the said Consul; and printed copies of the said rules and regulations shall be provided by the Consul, and sold at a price not exceeding one dollar for each copy; and for the purpose of con- victing any person offending against the said rules and regulations, and for all other purposes of law whatsoever, a printed copy of the said rules and regulations, certified under the hand of the said Consul to be a true copy thereof, shall be taken as conclusive evidence of such rules and regulations; and no penalty shall be incurred, or shall be en- forced, for the breach of any such rules or regula- tions, until the same shall have been so affixed and exhibited for one calendar month in the public office of the Consular district within which the breach of such rules or regulations shall be alleged to have been committed: Provided always, that no rule or regulation to be hereafter made by any of Her Majesty's Consuls, and to be enforced by a penalty, shall take effect until it has been submitted and approved of by the Consul-General, and has there- upon been printed, and a copy of the same has been affixed and exhibited as aforesaid for one calendar month, in the public office of the Consular dis-
trict.
VI. And it is further ordered, that it shall be lawful for the Consul, upon information or upon the complaint of any party that a British subject has violated of the stipulations of any Treaty be-
any
tween Her Majesty and the Tycoon of Japan, or has disregarded or infringed any of the rules and regula- tions for the observance of the stipulations of any such Treaty, affixed and exhibited according to the provisions of the next preceding Article of this Order, to summon before him the accused party, and to receive evidence and examine witnesses as to the guilt or innocence of such party, in regard to the offence laid to his charge, and to award such penalty of fine or imprisonment to any party con- victed of any offence against any such Treaty, or against any such rules and regulations which may
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be specified in any such Treaty, or in any such rules and regulations; and any charge against a British subject for a breach of any Treaty, or for a breach of the rules and regulations for the observance of any such Treaty, shall be heard and determined by the Consul without Assessors: Provided always, that in no case shall the penalty to be attached to a breach of any such rules and regulations exceed five hundred dollars, or three months' imprisonment.
Proceedings for
enforcement of
those for the
VII. And it is further ordered, that any charge against a British subject for a breach of any rules Rules and Regula- and regulations other than those relating to the tions other than observance of Treaties, shall in like manner be observance of heard and determined by the Consul, and in all Treaties. cases in which the penalty shall not exceed two hundred dollars, or one month's imprisonment, the Consul shall hear and determine the charge sum marily, without the aid of Assessors; but where the penalty attached to a breach of any rules and regu- lations other than those relating to the observance of Treaties, shall amount to more than two hundred dollars, or to imprisonment for more than one month, it shall be obligatory upon the Consul, before he shall proceed to hear the charge, to sum- mon two British subjects of good repute, residing within his district, to sit with him as Assessors, which Assessors shall, however, have no authority to decide on the innocence or guilt of the party accused, or on the amount of fine or imprisonment to be awarded to him on conviction, but it shall rest with the Con- sul to decide on the guilt or innocence of the party accused, and on the amount of fine or imprisonment to be awarded to him: Provided always, that in no case shall the penalty to be attached to a breach of rules and regulations, other than those for the observance of Treaties, exceed five hundred dollars, or three months' imprisonment; and provided fur- ther, that in the event of the said Assessors, or either of them, dissenting from the conviction of the party accused, or from the penalty of fine or imprison- ment awarded to him by the Consul, the Consul shall take a note of such dissent, with the grounds thereof, and shall require good and sufficient secu- rity for the appearance of the party convicted, at a future time, in order to undergo his sentence or receive his discharge; and the Consul shall, within