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the Consul shall be entitled to require reasonable security from the party so appealing, which security shall in part consist of one or two sufficient sure- ties to be approved by the Consul, to the intent that if the Chief Superintendent should confirm or vary the sentence passed by the Consul, the appellant shall submit to such sentence, and likewise pay what shall be adjudged by the Chief Superintendent for expenses: Provided always, that the Consul shall forthwith report such appeal and transmit a copy of the proceedings of such trial to the Chief Superintendent, and the party appealing against the sentence of the Consul shall be required to prosecute his appeal before the Chief Superin- tendent within such time as shall be by the Consul, with the approval of the Chief Superintendent, assigned for the prosecution of such appeal; and if the party appealing shall not duly prosecute his appeal within such time as aforesaid, it shall be lawful for the Consul to enforce his sentence in the same manner as if such appeal had not been interposed.
district to another.
IX. And it is further ordered, That if any Parties escaping
from one Consular party charged with an offence committed against such treaties, or such rules and regulations as aforesaid, shall escape or remove from the Consular district within which such offence was committed, and shall be found within another Consular district, it shall be lawful for the Consul within whose dis- trict such party shall be found, to proceed against him in the same manner as if the offence had been committed within such district.
and Chinese or the
X. And it is further ordered, That it shall be law- Consuls empowered, ful for the Consul of the district, within which the subject to appeal, to hear Civil Suits, in party sued shall be found, to hear and determine which British sub- any suit of a civil nature against a British subject, jects are defendants, arising within any part of the dominions of the subjects of other Emperor of China, whether such suit be instituted Powers plaintiffs. by a subject of the Emperor of China or by a sub- ject or citizen of a foreign State in amity with Her Majesty; and if either or any party in such suit shall be dissatisfied with the decision given by such Consul, it shall be lawful for such party within fifteen days to give to the Consul notice of appeal to the Chief Superintendent; whereupon the
Consuls empowered, subject to appeal,
to hear Civil Suits in which British subjects are plain- tiffs, and Chinese
or the subjects of
other Powers defendants.
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Consul shall, with as little delay as possible, transmit all the documents which were produced before him and none other, together with a statement of the grounds on which he has formed his decision, to the Chief Superintendent, and shall forthwith notify to the several parties the transmission of the process; and saving the provision contained in Article XV of this Order, the Chief Super- intendent shall decide on such documents and on such statement, and shall communicate his decision to the Consul, who shall forthwith proceed
to carry the same into execution; and against such decision of the Chief Superintendent there shall be no appeal: Provided always, that it shall be lawful for the Consul to require from any party appealing to the Chief Superintendent, or to the Supreme Court of the Colony of Hong-Kong in the case hereinafter mentioned, reasonable security, which shall consist in part of one or two sufficient sureties to be approved by the Consul, that such party shall abide by the decision to be given respectively by the Chief Superintendent, or by the said Supreme Court.
XI. And it is further ordered, That it shall be lawful for the Consul of the district, within which the party sued shall be found, in like manner to hear and determine any suit of a civil nature, arising within any part of the dominions of the Emperor of China, instituted by a British subject against a subject of the Emperor of China, or against a subject or citizen of a foreign State in amity with Her Majesty, provided that the defend- ant in such suit shall consent to submit to his jurisdiction and give sufficient security that he will abide by the decision of the Consul, or in case of appeal by that of the Chief Superintendent, and will pay such expenses as the Consul or Chief Superintendent shall adjudge; and if either or any party in such suit shall be dissatisfied with the decision given by such Consul, it shall be lawful for such party within fifteen days to give to the Consul notice of appeal to the Chief Superintendent, and the proceedings in such a suit, or in an 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 sub- ject is defendant, and a subject of the Emperor of
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