Sec.  4097.  In  all  cases,  criminal  and  civil,  the  evidence  shall  be
taken  down  in  writing  in  open  court,  under  such  regulations  as
may  be  made  for  that  purpose ;  and  all  objections  to  the  competency
or  character  of  testimony  shall  be  noted,  with  the  ruling  in  aU  such
cases,  and  the  evidence  shall  be  part  of  the  case.
Sec.  4098.  It  shall  be  the  duty  of  the  ministers  and  the  consuls
in  the  countries  mentioned  in  section  forty  hundred  and  eighty-
three,  to  encourage  the  settlement  of  controversies  of  a  civil  char-
acter, by  mutual  agreement,  or  to  submit  them  to  the  decision  of
referees  agreed  upon  by  the  parties ;  and  the  minister  in  each  coun-
try shall  prepare  a  form  of  submission  for  such  cases,  to  be  signed
by  the  parties,  and  acknowledged  before  the  consul.  When  parties
have  so  agreed  to  refer,  the  referees  may,  after  suitable  notice  of


92      rOEEIGN  RiaHTS  AND  INTERESTS  IN  CHINA

the  time  and  place  of  meeting  for  the  trial,  proceed  to  hear  the  case,
and  a  majority  of  them  shall  have  power  to  decide  the  matter.  If
either  party  refuses  or  neglects  to  appear,  the  referees  may  pro-
ceed ex  parte.  After  hearing  any  case  such  referees  may  deliver
their  award,  sealed,  to  the  consul,  who,  in  court>  shall  open  the
same;  and  if  he  accepts  it,  he  shall  indorse  the  fact,  and  judgment
shall  be  rendered  thereon,  and  execution  issue  in  compliance  with
the  terms  thereof.  The  parties,  however,  may  always  settle  the
same  before  return  thereof  is  made  to  the  consul.
