CO129-044 - Public Offices - 1853 — Page 48

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VI. And it is further ordered, That any charge against a British subject for a breach of rules and regulations other than those relating to the observ- ance of treaties, shall in like manner be heard and determined by the Chief Superintendent or Consul; and in all cases in which the penalty shall not exceed two hundred dollars or one month's imprison- ment, the Chief Superintendent or Consul shall hear and determine the charge summarily without the aid of assessors; but where the penalty attached to a breach of the rules and regulations 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, but not upon the Chief Super intendent, before he shall proceed to hear the charge, to summon 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 charged, or on the amount of fine or imprisonment to be awarded to him on convic- tion; but it shall rest with the Consul to decide on the guilt or innocence of the party charged, 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 regu- lations other than those for the observance of trea- ties exceed five hundred dollars or three months' im- prisonment; and provided further, that in the event of the said assessors or either of them dissent- ing from the conviction of the party charged, or from the penalty of fine or imprisonment 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 security 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 twenty days. report his decision, with all the particulars of the case, together with the dissent of the assessors or either of them, and the grounds thereof, to the Chief Superintendent; and the Chief Superinten- dent shall have authority to confirm, or vary, ur reverse the decision of the Consul, as to him may seem fit: Provided always that if an appeal shall be entered against the decision of the

Proceedings for Rules and Regula- tions other than

enforcement of

those for the ob-

servance of

Treaties,

Revision of deci- sions of subordinate

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Consul, no such report shall be made to the Chief Superintendent on the ground of the dissent of the assessors or either of them, but the appeal shall be prosecuted in the manner hereinafter ordered.

VII. And it is further ordered, That in any

Consular Officers, question relating to the observance of treaties, or of rules and regulations for the observance of treaties, or of rules and regulations other than those for the observance of treaties, a report of any or every decision made by a subordinate Consular officer, with or without the aid of assessors, shall be sent in to the superior Consular officer of the district, and that on the receipt of such report, the superior Con- sular officer of such district shall proceed, without assessors, to revise such decision as to him may seem fit, and such revision shall have, for the purposes of this Order, the same effect as if the case had been originally heard and determined by such superior Consular officer with or without the aid of assessors: Provided always, that in any case in which the assessors or either of them shall dissent from the decision of a subordinate Consular officer, such decision shall not be subject to revision by the superior Consular officer, but, in the event of no appeal being entered as aforesaid, shall be submitted to the Chief Superintendent for revision in the same manner as if such decision had been made by the superior Consular officer.

Appeals against

convictions for a

breach of Treaties

or of Rules and Regulations.

VIII. And it is further ordered, That any party tried and convicted before a Consul for a breach of treaties between Her Majesty and the Emperor of China, or for a breach of rules and regulations for the observance of such treaties, or for a breach of rules and regulations other than those relating to the observance of treaties, may appeal, after sentence given by such Consul, to the Chief Superintendent, who shall have power to confirm, or vary, or reverse such sentence, as to him may seem fit, and to adjudge the expenses of such appeal, and from whose decision there shall be no appeal; and upon notice given of such appeal, which notice must be given to the Consul in writing, signed by the party appealing, within fifteen days

D

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