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said Chief Superintendent or Consul; and every wit- ness, being a British subject, so examined as afore- said, in case of wilful false testimony, may be con- victed of and punished for the crime of wilful and corrupt perjury.
XVII. And it is further ordered, That it shall be lawful for the Chief Superintendent or Consul to promote the settlement 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 of such reference, and the award of such arbitrator or arbitrators shall be to all intents and pur- poses deemed and taken to be a judgment 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.
Settlement of Suits by Agreement or
Arbitration.
XVIII. And it is further ordered, That it shall Trial of crimes and be lawful for any of Her Majesty's Consuls to offences committed by British subjects. cause to be apprehended and brought before him any British subject who may be charged with having committed any crime or offence within the domi- nions of the Emperor of China, or within any British ship or vessel being within one hundred miles from 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 inquire of the same, and for 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 compel any person being a British subject who may be competent to give evidence as to the guilt or innocence of the party so charged, to appear and give evidence, and to punish the wilful default of
any such
person to appear and give evidence, after reasonable notice of
Cases in which
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the day of the hearing of such charge, by fine or imprisonment, in like manner as provided in the Article XVI of this Order; and shall examine every such witness in the presence and hearing of the party accused, and afford the accused party all reasonable facility for cross-examining such witness; and shall cause the deposition of every such witness to be reduced to writing, and the same to be read over, and, if necessary, explained to the party accused, together with any other evidence that may have been urged against him during the course of the inquiry; and shall require such accused party to defend himself against the charge brought against him, and, if necessary, advise him of the legal effects of any voluntary confession, and shall take the evidence of any witness whom the accused party may tender to be examined in his defence; and every witness, being a British subject, so examined as aforesaid,
in case of wilful false testimony, may be convicted and punished for the crime of wilful and cor- rupt perjury and when the case has been fully inquired of, and the innocence or guilt of the person accused established to the satisfaction of the Consul, the Consul, as the case may be, shall either discharge the party accused from custody, if satisfied of his innocence, or pro- ceed to pass sentence on him, if satisfied of his guilt And it shall be lawful for any Consul, having inquired of, tried, and determined, in the manner aforesaid, any charge which may be brought before him, to award to the party convicted any amount of punishment not exceeding imprisonment for one month, or a fine of two hundred dollars.
:
XIX. And it is further ordered, That if the Assessors are to be crime or offence whereof any person, being a
summoned on the trial of crimes and offences committed
British subject, may be accused before any of Her
by British subjects. Majesty's Consuls as aforesaid, shall appear to such Consul to be of such a nature as, if proved, would not be adequately punished by the infliction of such punishment as aforesaid, it shall be lawful for such Consul to summon two, or not more than four, British subjects of good repute residing within his district, to sit with him as assessors for inquiring of, trying, and determining the charge against such person; and the Consul who shall try any
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