punishment by some previous Order in Council applicable to the dominions of the Sublime Porte.

V. And it is further ordered, that if the crime or offence whereof any person, being a British subject, may be accused before such Judge, shall appear to be of a capital nature, then, having taken the depositions in writing and on oath, and in such form and with such ceremony as the party deposing may declare to be binding on his conscience, of all such witnesses as may be competent to give evidence as to the guilt or innocence of the party so charged, and having bound over such witnesses, being British subjects, in their own recognizances to appear and give such evidence when and wherever they may be called upon so to do, it shall be lawful for such Judge to send such accused party to England or Malta, or if an Ionian, to Corfu, there to be tried according to the law and practice of the criminal courts in these countries.

VI. And it is further ordered, that the Judge on any occasion of sending a prisoner to England, Malta, or Corfu, shall observe the provisions in an Act passed in the 6th and 7th years of Her Majesty's reign, 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.”

VII. And be it further ordered, that if the crime or offence whereof any person, being a British subject, may be accused before the Judge of the Supreme Consular Court shall be above the degree of misdemeanour, then such Judge shall summon, by warrant under the seal of the Consular Court, six indifferent British subjects of good repute, residing within the district of the said Court, to serve as jurymen upon the trial of such accused person, in the same way, and subject to the same form, observances, right of challenge, and penalties, so far as circumstances will admit, as persons serving on juries in England; and such Judge shall, with the assistance of such jury, proceed to try the accused in the same manner and according to the same forms, as nearly as may be, as is now practised in England upon the trial of parties charged with criminal offences.

VIII. And it is further ordered, that it shall be lawful for the Judge, if to him it shall seem fit, to cause any person convicted before him of any crime, over and above any fine or imprisonment which may be awarded to such person, to be sent out of the dominions of the Sublime Ottoman Porte, in the manner pointed out by Her Majesty, by Her Order in Council of the 19th of June, 1844, notwithstanding the crime laid to the charge of such person may be the first of which he has been convicted before the Judge.

IX. And it is further ordered, that the Judge 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, shall on his wilful default to appear as a witness at the hearing of such suit, be punished with a fine not exceeding 1007. sterling or with imprisonment for a period not exceeding 30 days, at the discretion of the said Judge; and every witness being a British subject so examined as aforesaid, in case of wilful or false testimony, may be convicted of and punished for the crime of wilful and corrupt perjury. And the Judge shall, when the circumstances of the case appear to justify it, and when he thinks fit, order that the expenses of a witness, on his appearing to give evidence, shall be defrayed either by the party at whose application he shall have been ordered to attend, or by the party against whom such evidence has been given.

X. And it is further ordered, that it shall be lawful for the Judge from time to time to establish rules of practice to be observed in proceedings before the said Judge, such rules to be as far as possible in conformity with those which are established in the County Courts of England, regard being had to the difference of local circumstances and long-established custom, and to make regulations for defraying the expenses of witnesses in such proceedings, and the cost of criminal prosecutions; and also to establish rates of fees to be taken in regard to civil suits heard and determined before the Judge, and it shall be lawful for the Judge to enforce by seizure and sale of goods, or, if there be no goods, by imprisonment, the payment of such established fees and of such expenses as may be adjudged against the parties or either of them: provided always, that a table, specifying the rates of fees to be so taken, shall be affixed and kept exhibited in the public office of the said Consular Court.

XI. And be it further ordered, that it shall be lawful for the Judge from time to time and as he shall think fit, to order the observance by all the Consuls holding Consular Courts within the dominions of the Sublime Ottoman Porte, of such rules of practice in the proceedings before them as he shall in that behalf establish.

XII. And it is further ordered, that all rules and regulations heretofore made and continuing unrepealed, or to be hereafter made by the Judge as aforesaid, shall forthwith be printed, and a copy of the same be affixed, and kept affixed and exhibited in some conspicuous place in the public office of the Judge, and printed copies of the said rules and regulations shall be provided by the Judge, and

sold at a price not exceeding 58. for each copy; and for the purpose of convicting any person offending against the said rules and regu lations, and for all other purposes of law whatsoever, a printed copy of the said rules and regulations, certified under the hand of the Judge and seal of the Court to be a true copy thereof, shall be taken as conclusive evidence of such rules and regulations, and no penalty shall be incurred or shall be enforced for the breach of any such rules or regulations to be hereafter made, until the same shall have been so affixed and exhibited for one calendar month in the Court of the Consular district within which the breach of such rules or regulations shall be alleged to have been committed.

XIII. And it is further ordered, that it shall be lawful for the Judge to promote the settlement of any suit of a civil nature by amicable agreement between the parties, and, with the consent of the several parties, to refer the decision of any such suit 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 to be a judgment or sentence of the Judge in such suit, 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 and it is further ordered, that in cases of assault it shall be lawful for the Judge to promote reconciliation between the parties upon such terms, either of payment of compensation or otherwise, as he shall think fit, and to order the proceedings thereupon to be stayed.

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XIV. And it is further ordered, that it shall be lawful for the Judge to enforce his decision against a British subject, in any suit of a civil nature, by distress or imprisonment, in like manner as a decision of the Courts of Law in England in a civil suit is enforced.

XV. And it is further ordered, that all fines and penalties imposed under this Order may be levied by distress and seizure, and sale of ships and goods and chattels; and no bill of sale, mortgage, or transfer of property, made after the apprehension of a party, or with a view to security in regard to crimes or offences committed or to be committed, shall avail to defeat any of the provisions of this Order.

XVI. And it is further ordered, that it shall be lawful for the Judge to hear and determine any suit of a civil nature which may be brought before him in the Supreme Consular Court of Constantinople, on appeal from the decision made by any Consul, with or without the aid of assessors; and such Consul, on notice of the intention of either party to the suit to appeal from his decision, shall forthwith furnish the Judge with a report of the case, with the notes taken by him of the evidence adduced at the trial, together [1856-57. XLVII.]

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with a copy of the judgment delivered by the said Consul: provided always, that notice of such appeal shall have been given within the time limited by such rules and regulations as the judge may establish under Article X of this Order, and further, that the party appealing shall have, in all other respects, complied with such rules.

XVII. And it is further ordered, that in any case in which a Consul shall have heard and determined a suit in the presence and with the assistance of assessors, in which such assessors or either of them shall dissent 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 such decision shall, in the event of no appeal being entered as aforesaid, be submitted to the Judge for revision, in the same manner as if such decision had been made the subject of an appeal by either of the parties to the suit.

XVIII. And it is further ordered, that in an appeal to the Judge from the decision of a Consul, it shall not be open to either party to adduce any further evidence than that which has been laid before the Consul, and that a party shall not be required to appear personally to prosecute an appeal or support a sentence, unless specially required by the Judge to do so: Provided always, that in all appeals from the decision of a Consul it shall be lawful for a party to allege facts essential to the issue of the suit which have come to his knowledge subsequently to the decision of the Consul, and to produce evidence in support of such facts: And provided also, that in an appeal to the Supreme Consular Court, it shall, inoreover, be lawful for the Judge to admit any further legal 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.

XIX. And it is further ordered, that Her Majesty's Consuls resident within the dominions of the Sublime Ottoman Porte shall, -every six months, deliver to the Judge of the Supreme Consular Court at Constantinople a full and faithful report of every cause, civil and criminal, which may have been brought before such Consuls, in such form and with such particulars as the Judge may, in the rules and regulations to be by him framed under Article X of this Order, think fit to require.

XX. And it is further ordered, that in all cases in which a

British subject shall have been sentenced to be sent out of the dominions of the Sublime Ottoman Porte, as provided in Articles V, VI, and VIII of this Order, the Consul so sentencing him shall forthwith report such sentence of deportation, with the grounds of his decision, to the Supreme Consular Court; and it shall be lawful for the Judge, if he shall consider that any such act of deportation inflicts upon the party a severer punishment than his offence has deserved, to vary or remit such punishment in such way as to him shall seem fit.

XXI. And it is further ordered, that if either party to a suit of a civil nature before the Judge shall be dissatisfied with the decision given by such Judge, it shall be lawful for such party, within 15 days, to give to the Judge notice of his intention to appeal; and such appeal shall be made by petition to Her Majesty, subject to such rules as the Judge shall make in the rules and regulations which he shall, under Article X of the present Order, establish; and such appeal shall be decided by the Judicial Committee of Her Majesty's Privy Council, upon a written statement by both parties to the suit, together with the Judge's notes of the evidence adduced at the trial, and his judgment therein: Provided always, that the subject matter of such suit is of the value of 1,0007. sterling, and that the party appealing shall have given security, to the satisfaction of the Judge, that such party shall abide by the decision to be given by the Court of Appeal.

XXII. And it is further ordered, that the Judge shall, in the exercise of his discretion and upon the petition of either of the parties to a suit, permit such party to appeal, in the same way and subject to the same conditions as in Article XXI herein before mentioned, in respect of suits the subject matter of which shall be under the value of 1,000l. pounds: Provided that such party shall give such security as the Judge shall direct, to abide by the decision of the said Court, or shall conditionally perform the judgment given by the Judge in the first instance.

XXIII. And it is further ordered, that it shall be lawful for the Judge or Consul of the district within which the party sued shall be found, in like manner to hear and determine any suit of a civil nature arising within any part of the dominions of the Sublime Ottoman Porte instituted by a British subject against a subject of the Sublime Ottoman Porte, or against a subject or citizen of a foreign State in amity with Her Majesty: Provided, that 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 Judge or Consul, or in case of appeal from the decision of the Consul by that of the Judge, and will pay such damages and expenses as the Judge or Consul shall order; and if either or any