be adduced in ap- be open to either or any party to adduce any further evidence peals.
than that which has 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 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 in an appeal to the Supreme Court of the Colony of Hongkong, it shall moreover be lawful for 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 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 diligence and exertion on his part in that behalf, or where under the circumstances of the case, it shall appear to the said Supreme Court that further evidence ought to be received.
XVI. And it is further ordered, That the Chief Superin- Examination of tendent or Consul shall have power in a civil suit to examine on oath or in such ceremony as he 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 the said 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 quit, 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 suit, be punished with a fine not exceed- ing one hundred dollars, or with imprisonment for a period not exceeding thirty days, at the discretion of the said Chief Superintendent or Consul; and every witness, being a British subject, so examined as aforesaid, in case of wilful false testimony, may be convicted of and punished for the crime of wilful and corrupt perjury.
witnesses.
Settlement of Suits by Agreement or dr- bitration.
XVII. And it is further ordered, That it shall be lawful for the Chief Superintendent or Consul to promote the settle- inent of a suit or contention by amicable agreement between the parties, and 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 or such reference, and the award of such arbitrator or arbitrators shall be to all intents and purposes deemed and taken to be a judgement or sentence of the Chief Superintendent or 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 open to appeal.
Trial of crimes and
XVIII. And it is further ordered, That it shall be lawful offences committed by for any of Her Majesty's Consuls to cause to be apprehended British subjects.
and brought before him any British subject who may be char- ged with having committed any crime or offence within the dominions of the Emperor of China, or within any British ship or vessel being within one hundred miles trom the coast of China, or within any ship or vessel on the high seas within the same limits not being lawfully entitled to claim the protection of the flag of any State or nation, or within any Chinese ship or vessel within the said limits; and such Consul shall thereupon proceed with all convenient speed to enquire of the same, and of such purpose and end shall have power to examine on oath, or in such form and with such ceremony as he shall declare to be binding on his conscience, any witness who may appear before him to substantiate the charge; and shall have power to compe