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suit, or in any appeal arising therefrom, shall be conformable to and under the same conditions as the proceedings in a suit, or in an appeal arising therefrom, in which a British subject is defendant, and a subject of the Tycoon of Japan, or a subject or citizen of a foreign State in amity with Her Majesty, is plaintiff.
XIII. And it is further ordered, that in the event Consuls em- of any suit of a Civil nature arising between British appeal, to hear civil powered, subject to subjects within the dominions of the Tycoon of suits between Japan, it shall be lawful, upon the application of any
British subjects.
party to such suit, for the Consul of the district within which the party sued shall be found, to hear aud determine such suit, subject to an appeal to the Consul-General, in any case where the sum in dis- pute shall not exceed one thousand dollars, and where it shall exceed such sum, to the Supreme Court of the Colony of Hong Kong; and every such appeal shall be made and conducted in the same manner and form, and under the same condi- tions, as in cases in which the defendant only is a British subject.
suits.
XIV. And it is further ordered, that it shall be Assessors in civil lawful for any of Her Majesty's Consuls before whom any suit whatever of a Civil nature is brought for decision, to summon two, and not more than four, British subjects, of good repute, residing within 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 the Consul without Assessors, if within a reasonable time such Assessors can be procured; 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, dissenting from the decision of the Consul, the Consul shall enter the fact of such dissent, and the grounds thereof, in the minutes of the proceed- ings, and in case of appeal shall transmit the same to the Consul-General, together with the documents relating to the suit.
XV. And it is further ordered, that it shall be Enforcement of
lawful for the Consul to enforce his decision against decisions in civil
a British subject in a Civil suit by distress or impri-
suits.
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89
Evidence to be adduced on hearing of appeals.
Examination of
witnesses.
sonment, in like manner as a decision of the Supreme Court of the Colony of Hong Kong, in a Civil suit, is enforced within that Colony.
XVI. And it is further ordered, that in an appeal to the Consul-General, or to the 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 person. ally 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 subsequently to the decision of the Consul, and to produce evidence in support of such facts, and provided also that it shall, more- over, 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 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 dili- gence and exertion on his part in that behalf, or wheresoever, under the particular circumstances of the case, it shall appear to the said Consul-General, or the said Supreme Court, that further evidence ought to be received.
XVII. And it is further ordered, that the Consul shall have power in a civil suit to examine on oath, or in such form and with such ceremonies as the witness may declare 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 evidence 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 his
upon expenses of appearing as a witness having been paid or tendered to him by the party at whose application
D
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Hane Bees