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No. 71.-NOVEMBER 8, 1856.] The Pongkong Government Gazette.
Cases in which As- XIV. And it is further ordered, That if the crime or offence whereof any person being a British subject, may be accused before Her Majesty's Consul as aforesaid, shall appear to such Consul to be of such a nature as, if proved,sessors are to be sum- would not be adequately punished by the infliction of such punishment as aforesaid, it shall be lawful for such Consulmoned on the trial of to summon two, or not more than four, British subjects of good repute, to sit with him as assessors for inquiring of crimes and offences
subjects. trying, and determining the charge against such person; and the Consul when he shall try any such charge with the committed by British assistance of assessors as aforesaid, shall, if he is himself convinced of the guilt of the party accused, have power to award any amount of punishment not exceeding imprisonment for twelve months, or a fine of one thousand dollars; and the assessors aforesaid shall have no authority to decide on the innocence or guilt of the party accused, or on the amount of punishment to be awarded to him on conviction; but in the event of the said assessors, or any or either of them, dissenting from the conviction of, or from the amount of punishment awarded to the accused party, the said assessors, or any or either of them, shall be authorized to record in the minutes of the proceedings the grounds ou which the said assessors, or any or either of them, may so dissent; and the Consul shall forthwith report to Her Majesty's Principal Secretary of State for Foreign Affairs the fact that such dissent has been so recorded in the ninutes of the proceedings, and shall as soon as possible lay before him copies of the whole of the depositions and proceedings, with the dissent of the assessor or assessors recorded therein; and it shall be lawful thereupon for Her Majesty's Principal Secretary of State for Foreign Affairs, by warrant under his hand and seal addressed to the Consul, to confirm, or vary, or remit altogether, as to him may seem fit, the punishment awarded to the party accused; and such Cousul shall give immediate effect to the injunction of any such warrant; Provided always, that in any case in which the assessor or assessors shall dissent from the conviction of, or from the amount of punishment awarded to, the accused party, it shall be lawful for Her Majesty's Consul to take good and sufficient bail from the accused party to appear and undergo the punishment awarded to him, provided the same or any portion thereof is confirmed by Her Majesty's Principal Secretary of State for Foreign Affairs, which punishment, or any portion thereof, shall commence, to take effect from the day on which the decision of Her Majesty's Principal Secretary of State for Foreign Affairs shall be notified to the party accused.
Consul may award XV. And in order more effectually to repress crimes and offences on the part of British subjects within the dominions of the Kings of Siam, it is further ordered, That it shall and may be lawful for Her Majesty's Consul to deportation on second cause any British subject who shall have been twice convicted before him of any crime or offence, and punished for conviction. the same, and who after execution of the sentence of the Consul on any second conviction shall not be able to find good and sufficient security to the satisfaction of the Consul for his future good behaviour, to be sent out of the dominions of the Kings of Siam; and to this end the Consul shall have power and authority, as soon as may be practicable after execution of the sentence on such second conviction, to send any such twice convicted party, if a native of the territories administered by the East India Company, to Her Majesty's Possession of Singapore, or to some other port of the said territories, or if such party is not a native of the said territories, to England, and in the meanwhile to detain such party in custody, until a suitable opportunity for sending him out of the dominions of the Kings of Siam shall present itself; and any person so to be sent out of the said dominions as aforesaid shall be embarked in custody on board oue of Her Majesty's vessels of war, or if there should be no such vessel of war available for such purpose, then on board any British vessel bound to Singapore, or to some other port in the territories administered by the East India Company, or to England, as the case may be; and it shall be lawful for the commander of any of Her Majesty's ahips of war, or of any British vessel bound to any such port as aforesaid, or to England, to receive any such person a aforesaid under a warrant from the Consul to him addressed, and thereupon to convey him in custody to any such port as aforesaid, or to England, in the same manner as if he were a distressed British subject, unless he shall be willing and able himself to defray the expenses of his passage.
Consul may in cer- XVI. And it is further ordered, That in any case in which any British subject shall be accused before Her Majesty's Consul of the crime of arson, or house-breaking, or cutting and maiming, or stabbing, or wounding, ortain cases award de- assault endangering life, or of wilfully causing any bodily injury dangerous to life, the proceedings before the Consul Portation on first con- shall be carried on with the aid of assessors convened in the manner aforesaid; and it shall be lawful for the Consul, viction.
if to him it shall seem fit, to cause any person convicted before him of any of the crimes aforesaid, over and above any fine or imprisonment which may be awarded to such person, to be sent out of the dominions of the Kings of Siam in the mauner pointed out in the next preceding Article of this Order, notwithstanding the crime laid to the charge of such person may be the first of which he has been convicted before the Consul.
Consul may require XVII. And it is further ordered, That it shall be lawful for Her Majesty's Consul within the dominions of the Kings of Siam, upon information laid before him by one or more credible witnesses that there is reasonable ground to British subjects to apprehend that any British subject is about to commit a breach of the public peace, to cause such British subject to give security to keep
the peace. be brought before him, and to require such British subject to give sufficient security to keep the peace; and in the event of any British subject being convicted of and punished for a breach of the peace, to cause such British subject, after he shall have undergone the punishment which may have been awarded to him by the Consul, to find security for his good behaviour; and in the event of any British subject who may be required, as aforesaid, to give sufficient security to keep the peace, or to find security for his good behaviour, being unable or wilfully omitting to do so, then and in that case it shall be lawful for Her Majesty's Consul to send such British subject out of the dominions of the Kings of Siam in the manner pointed out in Article XV of this Order.
Consul to report XVIII. And it is further ordered, That in all cases in which a British subject shall have been sent out of the deportations and the tary of State for cominions of the Kings of Siam, as provided in Articles XV, XVI and XVII of this Qrder, the Consul sending him grounds to the Secre out shall forthwith report such act of deportation, with the grounds of his decision, to Her Majesty's Principal Foreign Affairs or to Secretary of State for Foreign Affairs, or in a case where the party so deported is a native of the territories adminis- the Governor-General
of India. tered by the East India Company, to the Governor-General of India.
XIX. And it is further ordered, That in cases of assault it shall be lawful for the Consul before whom complaint Consul may promote is made, to promote reconciliation between the parties, and to suffer compensation and amends to be made, and the reconciliation in caseR proceedings thereby to be stayed.
of assault.
XX. And it is further ordered, That a minute of the proceedings in every case beard and determined before the Minutes to be drawn of proceedings Consul in pursuance of this Order, shall be drawn up and be signed by the Consul, and shall, in cases where assessors "P
and before Consul. are present, be open for the inspection of such assessors, and for their signature, if they shall therein concur; sach minute, together with the depositions of the witnesses, shall be preserved in the public office of the said Consul.
XXI. And it is further ordered, That save and except as regards offences committed by British subjects against Definition of crimes the stipulations of Treaties between Her Majesty and the Kings of Siam, or against rules and regulations for the and offences and mis- observance of the stipulations of such Treaties, duly affixed and exhibited, according to the provisions of Article II of demeanours. this Order, or against rules and regulations for the peace, order, and good government of Her Majesty's subjects being within the dominions of the Kings of Siam, duly affixed and exhibited as aforesaid, no act done by a British subject being within the dominions of the Kings of Siam, shall by Her Majesty's Consul be deemed and taken to be a crime or misdemeanour, or offence, rendering the person committing it amenable to punishment, which, if done within any part of Her Majesty's dominions, would not, by a court of justice baving criminal jurisdiction in Her Majesty's dominions, have been deemed and taken to be a crime, or misdemeanour, or offence, rendering the person so com. mitting it amenable to punishment; and Her Majesty is pleased to appoint, by and with the advice of Her Privy Council, Her Majesty's Possession of Singapore as the place where crimes and offences committed by British subjects within the dominions of the Kings of Siam, which it may be expedient shall be inquired of, tried, determined, and Funished within Her Majesty's dominions, shall be so inquired of, tried, determined, and punished, and Her Majesty's Consul resident in the Kingdom of Siam shall have authority to cause any British subject charged with the commission of any crime or offence, the cognizance whereof may at any time appertain to him, to be sent for trial to Her Majesty's said Possession of Singapore.
XXII. And it is further ordered, That it shall be lawful for Her Majesty's Consul to cause any British subject Prisoners may be charged with the commission of any crime or offence the cognizance whereof may at any time appertain to him, to be, sent to Singapore from ent, in any of Her Majesty's ships of war, or in any British vessel, to Her Majesty's Possession of Singapore the ports of Siam for for trial before the Supreme Court of the said Possession; and it shall be lawful for the commander of any of Her trial before the Su- Majesty's ships of war or of any British vessel to receive any such person on board, with a warrant from the said preme Court. Consul, addressed to the Chief Magistrate of Police of the said Possession, and thereupon to convey him in custody Singapore, and on bis arrival there to deliver him, with the said warrant, into the custody of the said Chief
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