CO129-044 - Public Offices - 1853 — Page 84

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China, or a subject or citizen of a foreign State

in amity with Her Majesty, is plaintiff.

appeal, to hear Civil Suits between British subjects. Proviso as to appeals to the Supreme Court.

XII. And it is further ordered, That in the Consuls empower- event of any suit of a civil nature arising between ed, subject to British subjects within the dominions of the Emperor of China, it shall be lawful, upon the application of a party, for the Consul of the district, within which the party sued shall be found, to hear and determine such suit, subject to an appeal to the Chief Superintendent in any case where the sum in dispute shall not exceed one thousand dollars; and every such appeal shall be made and conducted in the same manner and form and under the same conditions as in cases in which the defendant only is a British subject: Provided always, that when the sum in dispute shall exceed one thousand dollars the appeal shall lie to the Supreme Court of the Colony of Hong-Kong, and not to the Chief Superintendent.

XIII. And it is further ordered, That it shall be Assessors in Civil

suits. 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 reco- vered 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 or either 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 transinit the same to the Chief Superintendent together with the documents relating to the suit.

XIV. And it is further ordered, That it shall be Enforcement of lawful for the Chief Superintendent or Consul to. decisions in Civil

enforce his decision against a British subject in a civil suit, by distress or imprisonment, in like man- ner as a decision of the Supreme Court of the Colony of Hong-Kong in a civil suit is enforced. within the said Colony.

suits.

Cases in which further evidence

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XV. And it is further ordered, That in an appeal

may be adduced in to the Chief Superintendent from the decision of a appeals.

Consul, it shall not be open to either or any party

Examination of witnesses.

to adduce any further evidence 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 know. ledge 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 Hong-Kong, 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 Con- sul, 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 circum- stances 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 Superintendent or Consul shall have power in a civil suit to examine on oath or in such form and with such ceremony as he may declare to be bind- ing on his conscience, any witness who may appear before him, and shall have power, on the appli- cation of any party in the said suit, to issue a com- pulsory 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, 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 exceeding one hundred dollars, or with imprisonment for a period not exceeding thirty days, at the discretion of the E

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