130
THE HONGKONG GOVERNMENT GAZETTE, 11TM MAY, 1861.
Proceedings against
offenders escaping
trict to another.
the conviction, the Consul shall be entitled to require reasonable security 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 proceedings 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 thie 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.
X. And it is further ordered, that if any party charged with an offence committed fron ore cosa dis against such 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.
Consuls empowered, subject to appeal, to
are defendauts and Ja-
tiffs.
XI. And it is further ordered, that it shall be lawful for the Consul of the district hear civil suits, in within which the party sued shall be found, to hear and determine any suit of a civil which British subjects nature against a British subject, arising within any part of the dominions of the panese, or subjects of Tycoon of Japan, whether such suit be instituted by a subject of the Tycoon of Japan, other Powers, plain- 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, transmit all the documents which were produced before him, and none other, together with a statement of the grounds on which he has formed his decision, to the Consul-General, and shall forthwith 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 shal! 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 le given by the said Consul-General.
subject to appeal, to
are plaintiffs and Ja-·
ants.
Consuls empowered, XII. And it is further ordered, that it shall be lawful for the Consul of the district hear civil suits in within which the party sued shall be found, in like manner to hear and determine any which British subjects suit of a Civil nature arising within any part of the dominions of the Tycoon of Japan, panese, or subjects of instituted by a British subject against a subject of the Tycoon of Japan, or against a other Powers, defent- 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 condi- tions 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.
:
Consuls empowered, XIII. And it is further ordered, that in the event of any suit of a Civil nature subject to appeal, to hear civil suits bet- arising between British subjects within the dominions of the Tycoon of Japan, it shall ween British subjects, be lawful, upon the application of any party to such suit, for the Consul of the district within which the party sued shall be found, to hear and determine such sait, subject to an appeal to the Consul-General, in any case where the sun in dispute shall not exceed one thousand dollars, and where it shall exceed such sum, to the Supreme Court of the Colony of Hongkong; 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.
Assessors in civil
.suits.
XIV. And it is further ordered, that it shall be 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
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