subject to appeal to Her Majesty in Council, in the same manner and on the same conditions as to the amount involved and otherwise as any other decision of the same Court of Appeal. PART VIII.-Evidence. 83. (1.) In any case, criminal or civil, and at any stage thereof, the Court, either of its own motion, or on the application of any party, may summon a British subject to attend to give evidence, or to produce documents, or to be examined. (2.) If the person summoned, having reasonable notice of the time and place at which he is required to attend, fails to attend and be sworn, and give evidence, or produce documents, or submit to examination accordingly, and does not excuse his failure to the satisfaction of the Court, he shall be guilty of an offence against this Order. (3.) A person punished under this article shall not be liable to an action in respect of the same matter; and any such action, if begun, shall be stayed by the Court in such manner and on such terms as the Court thinks fit. 84. (1.) In a criminal case, where it is proved that a British subject 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 may issue a summons for his attendance. (2.) If he does not obey the summons, and does not excuse his failure to the satisfaction of the Court, then, after proof of service of the summons, the Court may issue a warrant to compel his attendance. (3.) Where it is proved that he will not attend to give evidence unless compelled to do so, the Court may issue a warrant in the first instance. 85. In civil cases any Court may, where the circumstances appear to justify it, order that the expenses of a witness, on his appearing to give evidence shall be defrayed by the parties or any of them. 86. Any person appearing before a Court to give evidence in any case, civil or criminal, may be examined or give evidence on oath in the form or with the ceremony that he declares to be binding on his conscience. 87. Any British subject wilfully giving false evidence in any suit or proceeding, civil or criminal, or on any arbitration, or in any affidavit, shall be deemed guilty of wilful and corrupt perjury. 88. Judicial notice shall be taken of this Order, and of the commencement thereof, and of the appointment of consular or other officers, and of the constitution and limits of any jurisdiction, Court, or district, and of consular seals and signatures, and of any rules or regulations made or in force under this Order, and no proof shall be required of any of such matters. 89. Every signature or seal affixed to any instrument purport ing to be the signature of any consular officer or person acting under this Order, or to be the seal of any of Her Majesty's Courts, shall, for all purposes under this Order, without any proof thereof, be presumed to be genuine, and shall be taken as genuine until the contrary is proved. 90. A person attending to give evidence before the Court, or the Court of Appeal, shall not be compelled or allowed to give any evidence or produce any document if, in the opinion of the principal consular officer having authority in the district in which the Court is held signified by him personally or in writing to the Court, the giving or production thereof would be injurious to Her Majesty's service. 91.-(1.) The provisions of the Evidence Act, 1851, 14 & 15 Vict. c. 99, sections 7 and 11, relating to the proof of judicial and other documents, shall extend and be applied for all purposes as if the district were in a British colony. (2.) The following Acts, namely : The Foreign Tribunals Evidence Act, 1856,* The Evidence by Commission Act, 1885, or so much thereof as is for the time being in force, and any enactment for the time being in force amending or substituted for the same, are hereby extended to all places and Courts to which this Order applies with the adaptations following, namely: In the said Acts the Court is hereby substituted for a Supreme Court or a Judge of a Court in a colony. (3.) The following Acts, namely: The British Law Ascertainment Act, 1859,§ or so much thereof as is for the time being in force, and any enactment for the time being in force amending or substituted for the same are hereby extended to all places and Courts to which this Order applies, with the adaptations following, namely: In the said Acts the Court is hereby substituted for a Superior Court in a colony. PART IX.-Assessors. 92. Where a Court proceeds, in pursuance of this Order, to hear and determine any case, civil or criminal, with assessors, the Court shall nominate and summon as assessors not less than two and not more than four indifferent British subjects of good repute, resident in the district of the Court or belonging to a British ship. Where, however, by reason of local circumstances, the Court is able to obtain the presence of one fit person only as assessor, the Court may sit with him alone as assessor; and where for like reasons the Court is not able to obtain the presence of any fit person as assessor, the Court may (notwithstanding anything in this Order) sit without an assessor; but in every such case the Court shall record in the minutes of proceedings its reasons for sitting with one assessor only, or without an assessor. An assessor shall not have voice or vote in the decision of the Court in any case, civil or criminal; but an assessor dissenting in a civil case from any decision of the Court, or in a criminal case from any decision of the Court, or the conviction, or the amount of punishment awarded, may record in the minutes of proceedings his dissent and the grounds thereof; and an assessor dissenting shall be entitled to receive gratis a certified copy of the minutes. 93. Where a suit relates to money, goods, or other property of a less amount or value than 3001.—and does not relate to or involve, directly or indirectly, a question respecting any matter at issue of the amount or value of 300l. or upwards-and is not brought for recovery of damages of a greater amount than 300.-the Court may hear and determine the case without assessors. In all other civil cases the Court (subject to the provisions of this Order respecting inability to obtain an assessor) shall hear and determine the case with assessors. 94. If any person summoned to act as assessor fails, without lawful excuse, to attend at the trial, or at any adjournment thereof, or to continue to serve throughout the trial, he shall be liable, under a summary Order of the Court, to a fine not exceeding 10l. to be levied by attachment and sale of his goods within the district, and in default of recovery thereby of the fine, to be imprisoned for any time not exceeding six days, if the fine is not sooner paid. PART X.-Rules of Procedure. 95. Every consular officer holding a Court for any district may from time to time frame rules for any purpose for which it is in this Order expressed or implied that rules of procedure or practice are to be made, and the execution of judgments or Orders, and for the regulation of appeals in civil and in criminal cases, and of rehearings, and generally for the purpose of making any provision proper or necessary for the proper or effectual exercise of the jurisdiction of Courts under this Order, and may thereby impose reasonable penalties, and may provide for the enforcement of any judgment or Order by imprisonment for not exceeding one month. Rules affecting the conduct of civil suits shall be so framed as to secure, as far as may be, that cases shall be decided on their merits according to substantial justice, without excessive regard to technicalities of pleading or procedure, and without unnecessary delay. Rules framed under this article shall not have effect unless and until they are approved by a Secretary of State, save that in case of urgency declared in any rules framed by the consular officer, the same shall have effect unless and until they are dis approved by a Secretary of State, and notification of such djsapproval is received and published by the consular officer. The rules, regulations, and forms contained in the schedule to this Order may be used with such modifications as circumstances require, and shall be deemed to have been duly made and approved under this Order, but may be altered with the approval of a Secretary of State in relation to any district in the same manner as other rules made under this Order.* 96. Provision may, amongst other things, be made by rules under this Order authorising the Court to grant and enforce search warrants, and to enforce awards, and to enforce by distress, or by attachment or commitment, judgments or Orders of the Court, or payment of any damages, costs, penalties, fines, or forfeitures, and for the sale of things forfeited, and for garnishee process, and for attachments of property in order to compel appearance or submission to the jurisdiction or process of the Court, and authorising the Court to compel, by fine, distress, or recognizance, or in default of security by commitment, the attendance of witnesses before the Court or before a Colonial or English Court to which a case is sent for trial, and to fix and enforce the fees to be taken in respect of any proceedings under this Order, not exceeding, as regards any matters provided for by the Act of 6 Geo. IV. c. 87,† fees fixed and allowed from time to time by any Order in Council made under that Act, and to take and transmit depositions of witnesses for use at trials in a colony or in England, and to appoint forms of indictment or charge in criminal proceedings: Provided that the scales of all fees fixed under the provisions of this Order shall have been sanctioned by the Commissioners of Her Majesty's Treasury. 97. A copy of the rules for the time being in force shall be kept exhibited conspicuously in each Court and Consulate. Printed copies shall be provided and sold at such reasonable price as the consular officer from time to time directs. No penalty shall be enforced in any Court for the breach of any rule until the rule has been so exhibited in the Court for one month, unless the person offending is proved to have had express notice of the rule. A printed copy of any rule, purporting to be certified under the hand of the consular officers shall be for all purposes conclusive evidence of the due framing, approval, and publication of the contents thereof. 98. From and after the commencement of any rules made under this Order, all rules and regulations theretofore in force in the district in respect of the same matter in respect whereof rules are made under this Order shall cease to operate. *These Rules and Regulations are printed at length in Statutory Rules and Orders Revised (1st Edition), Vol. 3, pp. 294–332: they have been superseded as to many Protectorates and Territories, and are therefore here omitted. The Consular Fees Act, 1826, now repealed (except sections 10-15 in part) by the Consular Salaries and Fees Act, 1891 (54 and 55 Vict. c. 36). See Orders in Council under that Act printed under the title Consul, British." PART XI.-Treaties and Queen's Regulations. 99. Every Consul, according to the authority to be assigned to him under this Order, shall have power to make and alter regulations (to be called Queen's Regulations) for the following purposes (that is to say): (1.) For securing the observance of any treaty for the time being in force relating to any place to which this Order applies, or of any native or local law or custom whether relating to trade, commerce, revenue, or any other matter. (2.) For the peace, order, and good government of British subjects within any such place in relation to matters not provided for by this Order. (3.) For requiring returns to be made of the nature, quantity, and value of articles exported from or imported into his district, or any part thereof, by or on account of any British subject or in any British ship, and for prescribing the times and manner at or in which and the persons by whom such returns are to be made. (4.) For the governance, visitation, care, and superintendence of prisons. Any regulations under this article may provide for forfeiture of any goods, receptacles, or things in relation to which, or to the contents of which, any breach is committed of such regulations, or of any treaty or any native or local law or custom, the observance of which is provided for by such regulations. Any regulations made under this article shall, when allowed by a Secretary of State, and published as he directs, have effect as if contained in this Order. Any rules or regulations heretofore made under the authority of the West Africa Order in Council, 1872,* or of any Order in Council repealed by this Order, and which are in force at the time. of the commencement of this Order, and which are not expressly repealed by this Order, shall, notwithstanding the repeal of that Order, continue in force until revoked by a Secretary of State, but shall be subject to the provisions of this Order, and so far as they are inconsistent with any provision of this Order, or with any regulations or rules made under this Order, this Order, and any regulations or rules made under it, shall have effect. A breach of any such regulations shall be deemed to be an offence against this Order, and shall be punishable accordingly in addition to any forfeiture as aforesaid. PART XII.-Foreigners and Foreign Courts.† Suits by or against Foreigners. 100.-(1.) Where a foreigner desires to institute to take a suit or proceeding of a civil nature against a British subject, or a British subject desires to institute or take a suit or proceeding * Published in "London Gazette," February 27, 1872, p. 762. † But see the Order of 1892, printed at p. 35 below, under which all Foreigners as thereby defined are justiciable in the Courts of British Protectorates. |