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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 evideuce 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, moreover, 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 ^uch 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 mbject matter of such suit is of the value of 1,000J. 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 Bhall, 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 hereinbefore mentioned, in respect of suits the subject matter of which shall be under the value of 1,000/. 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 Bhall order; 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 15 days, to give to the Consul notice of appeal to the Judge; 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 of the Sublime Ottoman Porte, or a subject or citizen of a foreign State in amity with Her Majesty, is plaintiff.
XXIV. And it is further ordered, that whenever it shall be necessary for the Judge acting as the representative of the ConsulGeneral, to communicate with the Government of the Sublime Ottoman Porte, whether in the way of complaint against any matter or thing done, or neglected to be done, by any agent or officer of the said Government, or by way of remonstrance, or for any other purpose, such communication shall be made under the seal of the Consular Court, through Her Majesty's Ambassador at the said Porte, and through his interposition, and not otherwise; and Her Majesty's Ambassador shall thereupon, if he shall think fit, make such communication, or in case Her Majesty's Ambassador shall consider it undesirable to make such communication, then such Ambassador shall state his reasons in writing, for the information of Her Majesty's Principal Secretary of State for Foreign Affairs, and transmit the same, together with a copy of the communication itself, and of the reasons given by the Judge for requesting the same to be made, to the said Secretary of State.
XXV. And it is further ordered, that whenever any British subject shall, within the district of the said Consular Court of Constantinople, become bankrupt or insolvent, or unable or refuse to pay his just debts, it shall be lawful for the Judge of the Consular Court, on the petition of any creditor, to cite such person to appear before him for the purpose of answering such questions touching his estate, both real and personal, as such Judge shall think fit; and if such person shall neglect to appear when so summoned, it shall be lawful for the Judge to issue a warrant, under the seal of the said Court, for his apprehension, and cause him to be taken into custody; and upon his so appearing he shall be proceeded against in the said Consular Court in the same way, so far as circumstances will admit, as if he were within the jurisdiction of the Courts of Bankruptcy or Insolvency in England; and such Judge shall, for the purposes aforesaid, possess and have all the powers, authority, and jurisdiction of the Commissioners of Insolvency or Bankruptcy in England.
XXVI. A.nd it is further ordered, that it shall be lawful for the Judge to hear and decide all cases of appeal in bankruptcy or insolvency, which shall be brought either by the petitioning creditor '•.:■ ■} <• '.i v. r i ;.i i
of any bankrupt, or by the bankrupt himself, against the decision of any Consul sitting in bankruptcy or insolvency, in the Bame way as such judge shall hear and decide all other cases of appeal under the XVIth and XVIIth Articles of this Order. '■'
XXVII. And it is further ordered, that in the event of any question of law or fact, or of mixed law and fact, arising out of the administration of any estate of a deceased British subject within the dominions of the Sublime Ottoman Porte, it shall be lawful for the Consul-General, or other Consular Officer under whose authority and direction such estate is being administered, to direct the parties interested in such estate, and raising such question as aforesaid, to prepare a special case according to the rules and regulations to be laid down by the Judge under Article X of this Order, for his decision and direction, and such Judge shall thereupon make such order in the matter as he shall think fit.
XXVIII. And it is further ordered, that a minute of the proceedings in every case heard and determined before the Judge, or before any Consul, in pursuance of tins or any other Order, shall be drawn up and be signed by the Judge or Consul, and shall, in cases where assessors are present, be open for the inspection of such assessors, and for their signature if they shall therein concur; and such minute, together with the depositions of the witnesses or notes of the evidence taken at such trial by the Judge or Consul, shall be preserved in the public office of the said Judge or Consul, and a copy of every such minute shall be transmitted by the Judge or Consul, in such form as shall hereafter be determined to Her Majesty's Chief Secretary of State for Foreign Affairs every sis months.
XXIX. And it is further ordered, that it shall be lawful for every Consul within the dominions of the Sublime Ottoman Porte to execute the writs and orders issuing from the Supreme Consular Court at Constantinople, and take security from each and every party named in such writ or order for his appearance in person or by his attorney, and in default of such security, or when specially ordered by the said Court, to send such party to Constantinople in the manner pointed out in the Vllth Article of the Order in Council, of the date of the 19th of June, 1844. ■ •
XXX. And it is further ordered, that any suit or action brought against the Judge or Consul in any Consular Court by reason of anything done under the authority and in execution of the power or jurisdiction of Her Majesty intrusted to him or them by this or any other Order, or in execution of any power or jurisdiction heretofore customarily exercised by any of Her Majesty's Consuls or officers on her behalf, shall be commenced or prosecuted within six months after he or they shall have been within the jurisdiction of the said Court, and not otherwise; and the defendant in every such action or suit shall be entitled to the benefit of the provisions made with, respect to defendants in actions or suits, in an Act passed in the 11th and 12th years of Her Majesty's reign, chapter 44; and 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."
XXXI. And it is further ordered, that all fees, penalties, fines, and forfeitures levied under this or any other Order, save and except such fees as may be raised by a percentage on the estates of bankrupts or insolvents, or in respect of the administration of the estate of deceased persons, or of a deposit of moneys with any Consular officer shall be paid to the public account, and be applied in diminution of the public expenditure on account of the Consular service in the Levant.
XXXII. And it is further ordered, that if any provision of any Article of this Order shall be in anywise repugnant to or at variance with certain Orders passed by Her Majesty on the 2nd day of October, 1843; the 19th day of June, 1844; and the 24th day of April, 1847, respectively, or either of them, then such provision of such Article of this Order, so long aB the same shall be in force, shall be obeyed and observed, anything in the said recited Orders in Council contained to the contrary in auywise notwithstanding.
XXXIII. And it is further ordered, that this Order shall take effect from and after the 1st day of November next ensuing.
XXXIV. And the Bight Honourable the Earl of Clarendon, and the Eight Honourable Henry Labouchere, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein, as to them may respectively appertain.
C. C. GBEVILLE.
TREATY of Friendship, Offensive and Defensive, between Liberia and the State of Maryland, in Liberia.—Signed at Harper, February 19, 1857.
Whereas serious difficulties have arisen between the Government of the State of Maryland in Liberia and certain of the aboriginal tribes of the Cape Palmas district, and whereas the Government of the State of Maryland in Liberia—through its Executive, acting under authority of an Act of the General Assembly of the said State of Maryland in Liberia, passed January 26, 1857—having applied to