725310-1856-GOVERNMENT-NOTIFICATION — Page 2

are

tiffs.

The Wongkong Government Gazette. [No. 71.-NOVEMBER 8, 1856.

dissenting from the conviction of the party charged, or from the penalty of fine or imprisoment awarded to him by the Consul, the Consul shall take a note of such dissent, with the grounds thereof, and shall require good and sufficient 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 with as little delay as possible report his decision, with all the particulars of the case, together with the dissent of the assessors or either of them, and the grounds thereof, to Her Majesty's Principle Secre tary of State for Foreign Affairs, and Her Majesty's Principal Secretary of State for Foreign Affairs shall have autho rity to confirm, or vary, or reverse the decision of the Consul, as to him may seem fit.

Consul empowered,

V. And it is further ordered, That it shall be lawful for Her Majesty's Consul to hear and determine any suit of subject to appeal, to a civil nature against a British subject, arising within any part of the dominions of the Kings of Siam, whether such hear Civil Suits, in suit be instituted by a subject of the Kings of Siam, or by a subject or citizen of a Foreign State in amity with Her which British subjects Majesty; and if either, or any, party in such suit shall be dissatisfied with the decision given by such Consul, it shall defendants, and he lawful for such party within fifteen days to give to the Consul notice of appeal to the Supreme Court in Her Ma Siamese or the subjects;

"jesty's Possession of Singapore; whereupon the Consul shall, with as little delay as possible, transmit all the docu of other Powers plain-ments which were produced before him and none other, together with a statement of the grounds on which he has formed his decision, to the said Supreme Court, and shall forthwith notify to the several parties the transmission of the process: Provided always, that it shall be lawful for the Consul to require from any party appealing to the said Supreme Court 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 Supreme Court, and, if such appeal shall fail, to an- swer all costs, loss, and damages sustained by the other party in consequence of such appeal, Consul empowered, VI. And it is further ordered, That it shall be lawful for Her Majesty's Consul, in like manner, to hear and suhject to appeal, to determine any suit of a civil nature, arising within any part of the dominions of the Kings of Siam, instituted by à hear Civil Suits, in British subject against a subject of the Kings of Siam, or against a subject or citizen of a Foreign State in amity with swhich British subject Her Majesty, provided that the defendant in such suit shall consent to submit to his jurisdiction and give sufficient аге plaintiffs, and Siamese or the subjects security that he will abide by the decision of the Consul, or, in case of appeal, by that of the Supreme Court of Her of other Powers de Majesty's Possession of Singapore, and will pay such expenses as the Consul or the said Supreme Court 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 said Supreme Court, and the proceedings in such a suit, or in an 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 Consul empowered,

of the Kings of Siam, or a subject or citizen of a foreign State in amity with Her Majesty, is plaintiff. subject to appeal, to VII. And it is further ordered, That in the event of any suit of a civil nature arising between British subjects. hear Civil Suits be-within the dominions of the Kings of Siam, it shall be lawful, upon the application of a party, for Her Majesty's tween British subjects. Consul to hear and determine such suit, subject to an appeal to the Supreme Court of Her Majesty's Possession of Proviso as to appeals Singapore; and every such appeal shall be made and conducted in the same manner and form and under the same to the Supreme Court. conditions as in cases in which the defendant only is a British subject.

fendants.

Assessors in Civil Suits.

VIII. And it is further ordered, That it shall be lawful for Her Majesty's Consul to summon two, and not more than four, British subjects of good repute, to sit with him as assessors at the hearing of any suit whatever of a civil nature brought before him for decision; and in case the sum 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 them 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 Supreme Court of Her Majesty's Possession of Singapore, together with the documents relating to the suit. Enforcement of de- IX. And it is further ordered, That it shall be lawful for Her Majesty's Consul to enforce his decision against a cisions in Civil Suits. British subject in a civil suit, by distress or imprisonment, in like manner as a decision of the Supreme Court of Her

Majesty's Possession of Singapore in a civil suit is enforced within the said Possession.

Cases in which fur-

X. And it is further ordered, That in an appeal to the Supreme Court of Her Majesty's Possession of Singapore ther evidence may be from the decision of Her Majesty's Consul, it shall be lawful for the said Supreme Court to admit any further legal - adduced in appeals. evidence, besides that adduced before the Consul, on its being established to the satisfaction of the said Supreme Court, by oath or affidavit, that the party desiring to produce such further evidence was ignorant of the existence of such evidence, or was taken by surprise at the hearing before the Consul, or was unable to produce it before the Consul, after due and reasonable diligence and exertion on his part in that behalf, or where, under the circumstances of the case, it shall appear to the said Supreme Court that further evidence ought to be received.

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Examination of wit-

nesses.

Settlement of Suits

tration.

XI. And it is further ordered, That Her Majesty's Consul shall have power in a civil suit to examine on oath or in such form and with such ceremony as he may declare to be binding on his conscience, any witness who may, appear before him, and shall have power, on the application of any party in the said suit, to issue a compulsory order for the attendance of any person, being a British subject, who may be competent to give evidence in such suit, and any British subject having been duly served with any such compulsory order, and with a reasonable notice of the day of the hearing of such suit, upon his expenses of appearing as a witness having been paid or tendered to him by the party at whose application he shall have been ordered to attend, shall, on his wilful default to appear as a witness at the hearing of such suit, be punished with a fine not exceeding one hundred dollars, or with imprisonment for a period not exceeding thirty days, at the discretion of the said Consul; and every witness, being a British subject, 50 examined as aforesaid, in case of wilful false testimony, may be convicted of and punished for the crime of wilful and corrupt perjury.

XII. And it is further ordered, That it shall be lawful for Her Majesty's Consul to promote the settlement of a by agreement or arbi-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 purposes deemed and taken to be a judgment or sentence of Her Majesty's 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.

Trial of crimes and

XIII. And it is further ordered, That it shall be lawful for Her Majesty's Consul to cause to be apprehended and offences committed by brought before him any British subject who may be charged with having committed any crime or offence within the British subjects. dominions of the Kings of Siam, 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 the day of the hearing of such charge, by fine or imprisonment, in like manner as provided in Article XI 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 corrupt 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 proceed to pass sentence on him, if satisfied of his guilt: And it shall be lawful for the 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.

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