Directory_and_Chronicle_1864 — Page 137

decision to be given respectively by the Chief Superintendent, or by the said Supreme

Court.

Consuls empowered,

XI. And it is further ordered, That it shall be lawful subject to appeal to

for the Consul of the district, within which the party sued hear Civil Suits, in which British subjects

shall be found, in like manner to hear and determine any suit are plaintiffs, ant

of a civil nature, arising within any part of the dominions Chineseer the subjects of the Emperor of China, instituted by a British subject of other Powers de- | against a subject of the Emperor of China, or against a sub- fendants.

ject or citizen of a foreign State in amity with Her Majesty, provided that the defendant in such suit shall consent to submit to bis 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 Con- sul 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 Superin- tendent, and the proceedings in such a suit, or in 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 Emperor of China, or a subject or citizen of a foreign State in amity with Her Majesty, is plaintiff.

Consuls empowered, subject to appeal to hear Civil Suits be-

tween Brilish subjects.

Proviso as to appeals to the Supreme Court.

XII. And it is further ordered, That in the event of any suit of a civil nature arising between 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 Super- intendent 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 sun in dispute shall exceed one thousand dollars the appeal shall lie to the Supreme Court of the Colony of Hongkong, and not to the Chief Superintendent.

suits.

XIII. And it is further ordered, That it shall be lawful Assessor in Civil 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 sumn sought to be recovered 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 then 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 proceedings, and in case of appeal shall transmit the same to the Chief Superintendent together with the documents relating to the suit.

Enforcement of de- cision in Civil suits.

XIV. And it is further ordered, That is shall be lawful for the Chief Superintendent or Consul to enforce his decision. against a British subject in a civil suit, by distress or im- prisonment, in like manner as a decision of the Supreme Court of the Colony of Hong- kong in a civil suit is enforced within the said Colony.

Cases in which further evidence may

XV. And it is further ordered, That in an appeal to the Chief Superintendent from the decision of a Consul, it shall not