CO129-075 - Public Offices - 1859 — Page 141

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Consul shall be entitled to require reasonable secu- rity from the party so appealing, which security shall, in part, consist of one or two sufficient sureties to be approved by the Consul, to the intent that, if the Consul-General 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 Consul-General for expenses: Provided always, that the Consul shall forthwith report such appeal, and transmit a copy of the pro- ceedings of such trial to the Consul-General; and the party appealing against the sentence of the Consul shall be required to prosecute his appeal before the Consul-General within such time as shall be, by the Consul, with the approval of the Consul- General, 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 inter- posed.

from one Consular district to another.

IX. And it is further ordered, that if any party Proceedings against charged with an offence committed against such offenders escaping Treaties, or such rules and regulations as aforesaid, shall escape or remove from the Consular district within which his offence was committed, and shall be found within another Consular district, it shall be lawful for the Consul within whose district such party shall be found, to proceed against him in the same manner as if the offence had been committed within such last-mentioned district.

X. And it is further ordered, that it shall be Consuls em- lawful for the Consul of the district within which powered, subject to

appeal, to hear the party sued shall be found, to hear and deter- civil suits, in mine any suit of a civil nature against a British jects are defendants subject, arising within any part of the dominions of and Japanese, or subjects of other

which British sub-

the Tycoon of Japan, whether such suit be insti- Powers, plaintiffs. tuted by a subject of the Tycoon of Japan, or by a subject or citizen of a foreign State in amity with Her Majesty; and if 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 after such decision, to give to the Consul notice of appeal to the Consul-General; whereupon the Consul shall, with as little delay as possible,

Consuls em- powered, subject

to appeal, to hear civil suits in which British subjects are

plaintiffs and Japanese, or sub- jects of other Powers, defend-

ants.

transmit all the documents which were produced before him, and none other, together with a state- ment of the grounds on which he has formed his decision, to the Consul-General, and shall forth- with notify to the several parties the transmission thereof; and, saving the provision contained in Article XV of this Order, the Consul-General 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 Consul- General there shall be no appeal: Provided always, that it shall be lawful for the Consul to require from any party appealing to the Consul-General 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 by the said Consul-General.

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 Tycoon of Japan, instituted by a British subject against a subject of the Tycoon of Japan, or against a subject or citizen of a foreign State in amity with Her Majesty, provided the defendant 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 Consul-General, and will pay such expenses as the Consul or Consul-General shall adjudge; and if 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 after such decision, to give to the Consul notice of appeal to the Consul-General, and the proceedings in every such suit, or in any 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 subject is defendant, and a subject of the Tycoon of Japan, or a subject or citizen of a foreign State in amity with Her Majesty, is plaintiff.