if any person offending as a rvant, against any of the prohin one year after the offence, competent magistrate, against have committed any offence ive evidence on oath against t before whom such offender icer, seaman, marine, or sernation so that such offender ch case such informer shall sum of money as is hereinable to any of the pains or

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the Superintendent of the China, and no other person by him, shall commence, for any offence against this r Majesty's Courts in China. all be lawful for the Supersty's subjects in China to forfeiture provided by this xceeding one moiety of any under the provisions of this ve given such information onviction of such offender. shall be lawful for any of the Commanders of any miles from the coast of horised in that behalf, to Hong Kong any ship or the master whereof shall

Consul, Commander, or st the provisions of this aid Consuls, Commanders all be specially instructed nt of Trade aforesaid so to shall be construed to said special instrucdent of Tr

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administration to such person or persons of the best credit and repute within such port as aforesaid as may be willing to accept the same, and give the usual security; and in default thereof the said Consul shall, and he is hereby required to act as administrator himself, and to take a commission of 2 per centum on such property as may come to his hands, according to the statute in that case made and provided.

X. And be it enacted, that the said Consuls, in the execution of the power given to them by this ordinance, shall in all matters and things obey and conform to such rules and instructions as may from time to time, with the sanction of the Superintendent of the Trade of Her Majesty's subjects in China, be made and issued by such supreme court of judicature as may hereafter be erected at Hong Kong.

XI. And be it enacted, that the said Consuls shall take such fees in judicial proceedings as are now authorized to be taken in the office of the honourable the Chief Magistrate at Hong Kong, or such other fees as may hereafter from time to time, with the sanction of the Superintendent of the Trade of Her Majesty's subjects in China, be fixed by such supreme court of judicature at Hong Kong as aforesaid.

XII. And be it enacted, in case any judge of the said supreme court of judicature at Hong Kong shall come within the limits of any such port as aforesaid, that the power, authority, and jurisdiction hereby given to the said Consuls shall (as the judge by writing under his hand shall order) either cease and determine during the presence of such judge, or shall be exercised conjointly with the said judge, or continue to be possessed by the said Consul alone.

XIII. And be it enacted, that all the records, process, minutes, and other proceedings of Her Majesty's Consuls, made or issued in pursuance of this ordinance, and transmitted to Hong Kong as herein before provided, shall, to all intents and purposes, be deemed and taken to be records of the said court of judicature at Hong Kong.

XIV. And be it enacted, that the word Consul, in this and all other ordinances, shall extend and be applied, as well to any Consul duly appointed by Her Majesty, as to any person

who for the time being shall actually be the Chief Consular Agent at any such ports as aforesaid.

HENRY POTTINGER, Superintendent of Trade, &c. Passed the Legislative Council, the 28th day of February,

1844.

RICHARD BURGASS, Clerk of the Legislative Council.

BRITISH ORDINANCE, " to restrain Masters of Merchantvessels belonging to Her Majesty's subjects from leaving seamen and others in a destitute state in the dominions of the Emperor of China, and from refusing to convey distressed seamen from thence to Hong Kong or to England, and also to provide for the good conduct of seamen within the same." Hong Kong, February 28, 1844.

Anno 6 & 7 Victoria Regina.-No. 3 of 1844.

WHEREAS by reason of the distance of China from Great Britain, great delay and expense are incurred in recovering such sums of money as are expended on Her Majesty's behalf in conveying home destitute seamen unlawfully left behind in China by masters of vessels: and whereas it is expedient to effectually provide against masters of merchant-vessels belonging to Her Majesty's subjects leaving behind seamen or other persons in a destitute state in the dominions of the Emperor of China, and against masters of vessels refusing to convey distressed seamen thence to Hong Kong, or to England, and also to provide means of affording satisfaction to Chinese subjects and others who may have suffered injury from the crew of any vessel belonging to Her Majesty's subjects:

1. Be it therefore enacted and ordained by his Excellency the Governor of Hong Kong and Superintendent of the Trade of Her Majesty's subjects in China, with the advice of the Legislative Council of Hong Kong, that the master of every merchant-vessel belonging to any of Her Majesty's subjects, as such master and in that character, on his arrival at any port in China at which there shall be a British Consular establishment, shall, together with sufficient sureties subject to the jurisdiction of the courts of justice at Hong Kong, enter into a bond con

ditioned as and in the form in the schedule to this ordinance annexed; provided always that only one such bond shall be required within the space of 1 year, unless the same shall become forfeited, and that any bond of a similar nature taken at Hong Kong, and conditioned to extend to the dominions of the Emperor of China, shall be of the same force and effect as if entered into at any of the ports aforesaid: Provided also, that the Superintendent of the Trade of Her Majesty's subjects in China may demand, and take such other security as he may deem necessary or sufficient from the owners, masters, consignees, or other persons interested in any vessel, for the due performance of the conditions in such bond as aforesaid, and that thereupon no master of any vessel in respect of which such other security shall be taken, shall be required to enter into such bond as hereinbefore mentioned.

II. And be it enacted, that the British Consul at any such port as aforesaid, shall be entitled to demand and take possession of such bond, and shall deliver a certificate of the taking thereof to such master as aforesaid, and that the sureties. therein shall be to the satisfaction of and approved by the said Consul.

III. And be it enacted, that if any master of such vessel as aforesaid shall neglect, for the space of 10 days after his arrival at any such port as aforesaid, or after the forfeiture of, or after the expiration of the space of 1 year from the previous taking of any such similar bond, or shall at any time upon lawful demand made by the Superintendent of Trade, or by the Consul aforesaid, for such other security, or for such bond, neglect or refuse to enter into the same, or to provide such sureties or other security as aforesaid, that it shall be lawful for the said Superintendent of Trade, or for the said Consul, to arrest and detain such master and the vessel commanded by him, and also summarily to impose on the said master a fine not exceeding the sum of 100 dollars, to be paid to Her Majesty, her heirs and successors, and in case of nonpayment thereof, to forthwith cause the same to be levied on the apparel, boats, tackle, or furniture of the vessel commanded by the said master.

IV. And be it enacted, that the said master and the said ship whilst so detained or arrested, shall be subject in every

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respect to the same liabilities as if such bond or other security had been duly entered into.

V. And be it enacted, upon any complaint made of any injury, either in person or property, sustained from the act of any of the crew of any vessel belonging to Her Majesty's subjects, done or committed within the dominions of the Emperor of China, or within 100 miles from the coast of China, which said vessel shall not then be at Hong Kong or in any port in China at which a British Consular establishment may exist, and in respect whereof such bond or other security as aforesaid shall have been entered into, that it shall be lawful for any competent tribunals to summon the sureties in such bond or other security as aforesaid to appear and answer such complaint, and thereupon to proceed to inquire of, hear, and determine the same in the absence of the party alleged to have committed the injury complained of, and to award such damages (to be paid and borne by the sureties in the bond or other security as aforesaid) to such injured party, as may be just and reasonable: Provided always, that such adjudication shall not be pleadable in bar of any criminal proceeding instituted in respect of the subject matter thereof, and that no such complaint shall be inquired of or heard, unless it shall clearly appear that the party preferring the same has used all possible diligence in so doing whilst such vessel was in port, and that no such adjudication of damages or compensation shall be made, if the said sureties show special cause for delaying the same, or shall undertake to produce the party alleged to have committed the injury complained of, within a reasonable time to be then fixed by such tribunal as aforesaid.

VI. And be it enacted, that upon any such bond or other security as herein mentioned becoming forfeited, the same shall be put in suit by such person as may hereafter be duly authorized in that behalf by the said Superintendent of Trade, and the whole penalty thereof recovered and levied, but that it shall be lawful for the Superintendent of Trade aforesaid, upon petition being made to him to that effect, to order that such part thereof as shall not be actually expended, in consequence of the breach of the conditions of the said bond or other security, or as may not be required to liquidate any legal penalty which may