A minute shall be made and kept of every such case of punishment, recording the facts of the offence and the extent of the punishment; and in the case of a Provincial Court, a copy of the minute shall be forthwith sent to the Supreme Court.

Misconduct of Officers of Court.

58. If an officer of the Court employed to execute an order, by neglect or omission loses the opportunity of executing it, then on complaint of the person aggrieved, and proof of the fact alleged, the Court may, if it thinks fit, order the officer to pay the damages sustained by the person complaining, or part thereof, and the order shall be enforced as an order directing payment

of money.

59. If a clerk or officer of the Court, acting under pretence of the process or authority of the Court, is charged with extortion or with not duly paying over money levied, or with other misconduct, the Court, if it thinks fit, may (without prejudice to any other liability or punishment to which the clerk or officer would, in the absence of the present provision, be liable) enand may for that quire into the charge in a summary way, purpose summon and enforce the attendance of all necessary persons as in a suit, and may make such order for the repayment of any money extorted, or for the payment over of any money levied, and for the payment of such damages and costs as the Court thinks just; and the Court may also, if it thinks fit, impose on the clerk or officer such fine, not exceeding 10l., for each offence, as the Court thinks just.

Fees and other Money.

60. All costs and all charges and expenses of witnesses, prosecutions, punishments, and deportations, and other charges and expenses, and all fees, fires, forfeitures, and pecuniary penalties payable under this Order, may be levied by distress and seizure and sale of ships, goods and lands; and any bill of sale, or mortgage, or transfer of property made with the view of avoiding such distress, seizure or sale, shall not be permitted to defeat the provisions of this Order.

61. All fees, fines, forfeitures, and pecuniary penalties levied under this Order shall be carried to the public account, and be applied in diminution of the public expenditure on account of Her Majesty's Consular service in the Ottoman dominions.

Witnesses.

62. In any case, civil or criminal, and at any stage thereof, the Court, either of its own motion, or on the application of any party, may summon a subject or protected person, being within the particular jurisdiction, to attend to give evidence, or to produce documents, or to be examined.

If the person summoned, having reasonable notice of the time and place at which he is required to attend, fails to attend accordingly, and does not excuse his failure to the satisfaction of the Court, he shall (inde

pendently of any other liability) be deemed guilty of an offence against this Order, and be liable to a fine of not more than 100%., or to imprisonment for not more than one month, in the discretion of the Court.

63. In a criminal case, where it is proved that a subject or protected person within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, and that he will not voluntarily attend to give evidence, the Court shall issue a summons for his attendance.

If he does not obey the summons, and does not excuse his failure to the satisfaction of the Court, then (after proof of the service of the summons) the Court may issue a warrant to compel his attendance.

any

Where it is proved to be probable that a person who might be so summoned will not attend to give evidence unless compelled to do so, then the Court, instead of issuing a summons, may issue a warrant in the first instance. If such his either in obedience to a summons, person on appearance, or on being brought up under a warrant, refuse to take an oath, or having taken an oath to answer any question put to him, and does not excuse his refusal to the satisfaction of the Court, then the Court may, by warrant, commit him to prison, there to remain for not more than seven days, unless he in the meantime consents to answer duly on oath.

64. If in any case, civil or criminal, a subject or protected person wilfully gives false evidence on oath in the Court, or on a reference, he shall be deemed guilty of wilful and corrupt perjury.

65. In a civil case, the Court may, if it thinks fit, order that the expenses of a witness, on his appearing to give evidence, be defrayed by the parties, or any of them.

66. In any case, civil or criminal, and at every stage thereof, the Court, on the application of either party, or of its own motion, may order witnesses on both sides to be kept out of Court until they have respectively given their evidence; but this provision does not extend to the parties themselves, or to their respective legal advisers, although intended to be called as witnesses.

67. In every case, civil or criminal, and at every stage thereof, the Court shall take a note of the substance of all oral evidence taken before it in a narrative form, but shall put down the terms of any particular question or answer, if there appears reason for doing so.

No person shall be entitled as of right, at any time or for any purpose, to inspection or a copy of the Court's notes of evidence.

68. In every case, civil or criminal, and at every stage thereof, each witness, after examination-in-chief, is subject to be cross-examined by the other party, and to be re-examined by the party calling him, and after re-ex amination may be questioned by the Court, and shall not be recalled or further questioned save through and by leave of the Court.

69. In a civil case, where evidence taken by affidavit, or by commission, or on deposition, is offered, the party offering it may read it before or after the oral evidence on his part is concluded.

70. In every case, civil or criminal, and at every stage thereof, any objection to the reception of evidence shall be made at the time the evidence is offered, and shall be argued and decided at the time.

Where a question proposed to be put to a witness is objected to, the Court, unless the objection appears frivolous, shall, if required by either party, take a note of the question and objection and mention on the notes whether the question was allowed to be put or not, and the answer to it, if put.

71. In a civil case, where a person whose evidence would have been admissible is dead or insane, or for any reason appearing sufficient to the Court, is not present to give evidence, the Court may, if it thinks fit, receive proof of any evidence given by him in any former judicial proceeding; provided that the subject-matter of the former proceeding was substantially the same as that of the pending proceeding, and that the parties to the pending proceeding were parties to the former proceeding or bound by it, and had an opportunity in it of cross-examining the person of whose evidence proof is so to be given.

72. In a criminal case, if it is proved that a person whose deposition has been taken is dead, or is so ill as not to be able to travel, and that his deposition was taken in the presence of the accused, and that the accused had full opportunity of cross-examining the witness, the deposition may be given. in evidence.

73. In a criminal case, any statement made by the accused at the preliminary examination, in answer to the question put to him by the Court, as prescribed by this Order, may be given in evidence against him on the trial.

74. In a criminal case, nothing in this Order shall prevent the prosecutor from giving in evidence at the trial any omission or confession, or other statement of the accused made at any time, which would by law, independently of this Order, be admissible as evidence against him.

75. In a civil case, where the circumstances of the case appear to the Court so to require, for reasons recorded in the minutes, the Court may, when a suit or application is pending, take the evidence of any witness at any time as preparatory to the hearing, and the evidence so taken may be used at the hearing, subject to just exceptions.

Any Court of Consular Officer shall, on the request in writing of any Court before which a suit or application is pending, so take evidence for purposes of the suit or application.

The evidence shall be taken in like manner, as nearly as may be, as evidence at the hearing of a suit is to be taken, and then the note of the evidence shall be read over to the witness and tendered to him for signature, and if he refuses to sign it, the Court shall add a note of his refusal, and the evidence may be used as if he had signed it.

Evidence may be taken in like manner on the application of any person, although no suit or application is pending, where it is proved that the person applying has good reason to apprehend that a proceeding will be taken against

him in the Court, and that some person within the particular jurisdiction at the time of application can give material evidence respecting the subject of the apprehended proceeding, but that he is about to leave the particular jurisdiction, or that from some other cause the person applying will lose the benefit of bis evidence if it is not at once taken.

Affidavits.

76. Before an affidavit is used in the Court for any purpose, the original shall be filed in the Court, and the original or an office copy shall alone be recognized for any purpose in the Court.

An affidavit sworn before a Consular Officer of Her Majesty, authorized to take affidavits in any country, or before a Judge, or other person in the United Kingdom or in a British colony or possession, authorized to take affidavits, or before a Mayor or other Magistrate in a foreign country, authorized to administer an oath, or in the case of a foreigner being in the Ottoman dominions before his cwn proper Consular authority, may be used in the Court subject to the rules of his evidence.

An affidavit shall not be admitted if it is proved that it has been sworn before a person on whose behalf it is offered, or before his attorney, or before a partner or clerk of his attorney.

An affidavit may be used notwithstanding any defect in form, if it is proved that it has been sworn before a person duly authorized, and that the form thereof and that of the attestation thereto are in accordance with the law and custom of the place where it has been sworn.

A defective or erroneous affidavit may be amended and re-sworn, by leave of the Court in which it is to be used.

The Court may, if it thinks fit, for reasons recorded in the minutes admit an affidavit in evidence, though it is shown that the party against whom the affidavit is offered in evidence had no opportunity of crossexamining the person making the affidavit.

77. Every affidavit used in the Court shall contain only a statement of facts and circumstances to which the witness deposes, either from his own personal knowledge or from information which he believes to be true.

It shall not contain extraneous matter, by way of objection, or prayer, or legal argument or conclusion.

Where a witness deposes to his belief in any matter of fact, and his belief is derived from any source other than his own personal knowledge, he shall set forth explicitly the facts and circumstances forming the ground of his belief.

Where his belief is derived from information received from another person, the name of his informant shall be stated, and reasonable particulars shall be given respecting the informant, and the time, place, and circumstances of the information.

78. The following regulations shall be observed by Consular Officers before whom affidavits are taken :

Every affidavit taken in the matter of a suit or proceeding shall be headed in the Court and in the suit or proceeding.

Every affidavit shall state the full name, trade or profession, address and nationality, of the witness.

It may be in the first or in the third person, and may be divided into convenient paragraphs numbered consecutively.

Any erasure, interlineation or alteration, made before the affidavit is sworn, shall be attested by the Consular Officer, who shall affix his signature or initials in the margin immediately opposite to the interlineation, alteration,

or erasure.

Where an affidavit proposed to be sworn is illegible or difficult to read, or is in the judgment of the Consular Officer so written as to facilitate fraudulent alteration, he may refuse to swear the witness, and may require the affidavit to be re-written.

The affidavit when sworn shall be signed by the witness (or, if he cannot write, marked by him with his mark) in the presence of the Consular Officer.

The jurat shall be written without interlineation, alteration, or erasure immediately at the foot of the affidavit, and towards the left side of the paper, and shall be signed by the Consular Officer, and be sealed by him with his Consular seal.

It shall state the date of the swearing and the place where it is sworn. It shall state that the affidavit was sworn before the Consular Officer. Where the witness is blind or illiterate, it shall state that fact and that the affidavit was read over to him in the presence of the Consular Officer, and that the witness appeared to understand it.

Where the witness makes a mark instead of signing, the jurat shall state that fact and that the mark was made in the presence of the Consular Officer.

Where two more persons join in making an affidavit, their several names shall be written in the jurat, and it shall appear by the jurat that each of them has been sworn to the truth of the several matters stated by him in the affidavit.

The Consular Officer shall not allow an affidavit when sworn to be altered in any manner without being re-sworn.

If the jurat has been added and signed, he shall add a new jurat on the affidavit being re-sworn; and in the new jurat he shall mention the alteration. may refuse to allow the affidavit to be re-sworn, and may require a

He fresh affidavit.

Documentary Evidence.

79. In a civil case any party may call on any other party, by notice filed and served, to admit any document, subject to just exceptions.