CO129-083 - Public Offices - 1861 — Page 88

· AG

ave been officially communuated Eye.

2-

Then I unity

2- you may

fu gurny so far

20

instations

Effect,

a it

wether you

2-do 30

proince

4. the

Morrison's other

Bdu.

3

A

T the Court at Buckingham Palace, the 4th | imprisonment awarded to him by the Consul, the

day of February, 1861,

Consul shall take a note of such dissent, with the grounds thereof, and shall require good and suffi. PRESENT,

cient 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 dissent of the assessors, or either of them, and the all the particulars of the case, together with the grounds thereof, to Her Majesty's Envoy Extra- General in Japan, who shall have authority to ordinary and Minister Plenipotentiary and Consul- confirm, or vary, or reverse the decision of the Consul as to the said Envoy Extraordinary and Minister Plenipotentiary and Consul-General may he entered against the decision of the Consul, no scem fit: Provided always, that if an appeal shall

such report shall be made to Her Majesty's Envoy Extraordinary and Minister Plenipotentiary and Consul-General, on the ground of the dissent of the assessors, or either of them, but the appeal shall be prosecuted in the manner hereinafter ordered.

The QUEEN's Most Excellent Majesty in Council.

WH

THEREAS Her Majesty was pleased, on the twenty-third day of January, in the year of our Lord one thousand eight hundred and sixty, by and with the advice of Her Privy Council, to issue a certain Order for the exercise of the power and jurisdiction which Her Majesty has in the dominions of the Tyco of Japan, under and by virtue of an Act of Parliament made and passed in the Session of Parliament holden in the sixth and seventh years of the reign of Her Majesty

intituled "An Act to remove doubts as to the "exercise of Power and Jurisdiction by Her Majesty within divers Countries and Places out of Her Majesty's Dominions, and to render the same more effectual." And whereas it is expe- dient that the said Order should be amended as hereinafter mentioned. Now, therefore, in pur- suance of the above recited Act of Parliament, Her Majesty is pleased, by and with the advice of Her Privy Council, to order, and it is hereby

ordered, as follows:-

I. The seventh and eighth Articles of the said Order of the twenty-third day of January, A.D. one thousand eight hundred and sixty, shall be, and the same are hereby revokeri and cancelled, save and except as to all acts, matters, and things done under the said seventh and eighth Articles of the said Order, or either of them, or which may here- after be done under the same, or either of them, by Her Majesty's Consul-General, or by any Con- sul, Vice-Consul, or Consular Agent in Japan, or by any persou duly authorized to act as such. pre viously to the day next succeeding the day on which this Order shall be received by the Consul- General in Japan.

II. And it is further ordered, that any charge against a British subject for a breach of any rules and regulations other than those relating to the observance of Treaties be heard and determined by the Consul; and in all cases in which the penalty shall not exceed two hundred dollars or one month's imprisonment, the Consul shall hear and determine the charge summarily, without the aid of assessors; but when the penalty attached to a breach of any 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 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, how- ever, have no authority to decide on the innocence or guilt of the party accused, or on the amount of fine or imprisonment to be awarded to him on conviction; but it shall rest with the Consul to decide on the guilt or innocence of the party ac- cused, and on the amount of fine or imprisonment to be awarded to him: Provided always, that in no case shall the penalty be attached to a breach of rules and regulations other than those for the observance of Treaties, exceed five hundred dol. lars, or three months' imprisonment; and provided further, that in the event of the said assessors, or either of them, dissenting from the conviction of the party accused, or from the penalty of fine or

III. And it is further ordered, that in any ques- tion relating to the observance of Treaties, or of ties, or of rules and regulations other than those rules and regulations for the observance of Trea-

for the observance of Treaties, a report of any and every decision made by a subordinate Consular Officer, with or without the aid of assessors, shall be sent in by such subordinate Consular Officer to the superior Consular Officer of the district, and that on the receipt of such report, the superior Consular 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 the said recited Order, and 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 dis- sent from a decision of a subordinate Consular Officer, such decision shall not be subject to re- vision by the superior Consular Officer, but, in the event of no appeal being entered as aforesaid, shall be submitted to Her Majesty's said Envoy Extraordinary and Minister Plenipotentiary and Consul-General, for revision, in the same manner as if such decision had been originally made by the superior Consular Officer.

IV. Provided always, and it is hereby further ordered, that Her Majesty's said Envoy Extra- ordinary and Minister Plenipotentiary and Consul- General shall once at least in every year, report to Her Majesty's Principal Secretary of State for Foreign Affairs his decisions on all cases heard and decided by him under and by virtue of this Order, together with the particulars thereof.

V. And it is further ordered, that this Order shall be read and construed with and as a part of the said recited Order of the twenty-third day of January, in the year of our Lord one thousand eight hundred and sixty, which, save as by this Order is otherwise provided, is to remain and continue in full operation and effect in all par- ticulars.

And the Right Honourable Lord John Russell, one of Her Majesty's Principal Seretaries of State, is to give the necessary directions herein accord- ingly.

Arthur Helps.

85