CO129-043 - Sir Bonham - 1853 [7-12] — Page 398

J

sent of Plaintif and De-

decision to Tepo of the Dir

trick.

Chinter causes, with con- VI. If any Person have a complaint against a Chinese he may apply for redress to fendant, may be referred for the Tepo of the District, who shall use his best endeavour to obtain an amicable Settlement thereof. Failing such Settlement he shall ask the Plaintiff and Defend. Parties to declare before ant in the case, whether they are willing that he should determine the dispute as- sisted by Assessors; and should the Parties consent to such determination, they shall, if resident within the limits of the city of Victoria, thereupon sign before some Justice

■ Magistrate their full con- sent to the reference.

with the Basistance of Three

of the Peace a declaration of their consent. The Tepo shall then Summon all the

Tepo may then decide, Assessors to his assistance; and shall proceed to hear and determine the Case, not less than Three Assessors being present during the Proceedings; and the decision of

A Bessors.

Assessors may notwith-

to the proper English Tri- bunal.

standing, refer the Parties the majority of the Assessors present, (the Tepo voting as an Assessor and having also the casting vote,) shall be binding upon the Parties: but the Assessors instead of coming to a decision may, if they think it proper, refer the matter for the decision of the proper English Tribunal.

how enforced.

Decision of the VII. The decision so given by the Tepo and Assessors shall be reported in writing Tepo and Assessors by the Tepo to the Chief Magistrate, who, upon being duly called upon so to do, and upon being satisfied that the parties voluntarily submitted their dispute for de- termination in this manner, shall enforce the judgment by distress and sale of the Goods and Chattels of the defaulter, and failing these, by Imprisonment not exceed- ing Six Months. Provided that, if the judgment appear to him on the face of it to be manifestly erroneous or unjust, he may refuse to enforce it, and may remit the Case to be re-heard by the Tepo and Assessors, or to be re-heard by the proper English Tri- bunal.

Ordinance to ap- ply to Civil causes only.

VIII. Nothing herein contained shall be held to give to such Tepo or Assessors jurisdiction over any Criminal cause, or to prevent any Person from bringing his complaint in the first instance before any English Court having jurisdiction therein.

Passed the Legislative Council of Hongkong,

this 2nd Day of December, 1853.

L. D'ALMADA E CASTRO,

Clerk of Councils.

S. G. BONHAM,

Almada

Laithwada otters

Clerk of Councils/

394

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