the said Treaties or Regulations, be it enacted, that all actions and prosecutions to be commenced against any person (except the Superintendent of Trade aforesaid) for anything done by such persons, shall be laid and tried in such supreme court of judicature as may hereafter be erected in Hong Kong, and not elsewhere, and shall be commenced within 6 months after the fact committed, or after the time when it shall first be possible for the plaintiff to commence such action and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant, 2 calendar months at least before the commencement of the action; and in any such action the defendant may plead the general issue, and give this or any ordinance and the special matter in evidence at any trial to be had thereupon, and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue such action after issue joined, or if upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover treble his costs of suit, and have the like remedy for the same as any defendant hath by law in other cases, and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge, before whom the trial shall be, shall certify his approbation of the action and of the verdict obtained thereon. XI. And whereas doubts may arise as to the validity of acts done and performed by Her Majesty's Consuls, and by divers other persons in China, in the enforcement of the said Treaties and Regulations previous to the passing of this ordinance: be it therefore enacted, that Her Majesty's Consuls in China who may have acted under or by virtue of any regulation, instruction, order, or direction of the said Superintendent of Trade, and all persons whatsoever who may have acted under or by virtue of any regulation, instruction, order, direction or requisition of the said Superintendent of trade, or any of Her Majesty's Consuls in China, shall be, and they and each and every one of them are hereby indemnified against, and freed and discharged from all damages, penalties, or forfeitures to which they, or any one of them, may have heretofore, or may otherwise be liable for any act so done and performed. XII. And be it further enacted, that no act done or performed by any such Consul or other person aforesaid, shall be questioned or avoided in any court of law by reason of any supposed want of power or authority, and that all such acts so done and performed shall be, and they are declared to be as valid and effectual to all intents and purposes, as if each of such Consuls or other persons had done and performed such acts under or by virtue of this ordinance. HENRY POTTINGER, Superintendent of Trade, &c. Passed the Legislative Council, the 10th day of April, 1844. RICHARD BURGASS, Clerk of the Legislative Council. Schedule to which this Ordinance refers. Supplementary Treaty. Hoomun-Chae, 8th October, 1843. General Regulations. Taoukwang, July 1843. BRITISH ORDINANCE "to authorize the execution of the process of the Supreme Court of Hong Kong in certain parts within the dominions of the Emperor of China." Hong Kong, August 19, 1844. Anno 8 Victoria Reginæ.-No. 6 of 1844*. WHEREAS by a certain ordinance made and passed in the 7th year of the reign of Her Majesty Queen Victoria, intituled "An ordinance to render Her Majesty's subjects within the dominions of the Emperor of China, or within any ship or vessel at a distance of not more than 100 miles from the coast of China," it was amongst other things enacted and ordained, "That the courts of justice at Hong Kong, which are now or shall be hereafter erected, shall have the same power, jurisdiction, and authority in all matters whatsoever, whether civil or * Repealed by Ordinance No. 1 of 1847. † See Vol. 6, Page 270. criminal, over Her Majesty's subjects within the dominions of the Emperor of China, or within any ship or vessel at a distance of not more than 100 miles from the coast of China, that the courts aforesaid have, or shall have, over Her Majesty's subjects actually resident within Her Majesty's colony of Hong Kong:" And whereas doubts may be entertained whether the provisions of the above-recited ordinance are sufficient to authorize the execution of the process of the Supreme Court of Hong Kong within the dominions of the Emperor of China, in matters arising within the said colony of Hong Kong, and it is expedient that such doubts should be removed; 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 aforesaid, that from and after the passing of this ordinance, all writs and processes for carrying into effect any judgment, decree, or order of the said court, shall and may be served and executed upon the person or property of any defendant or defendants, being a British subject or subjects, or being found in any of those parts within the dominions of the Emperor of China wherein there shall be resident a Consul or Vice-Consul (or other person acting as such) of her said Majesty, or within any ship or vessel at a distance of not more than 100 miles from the coast of China, notwithstanding such judgment, decree, or order shall have been pronounced or made in respect of matters arising within the said colony of Hong Kong; and that it shall and may be lawful for the said court either to direct any such writ or process to be served and executed as aforesaid, by the sheriff of the said colony, or to direct the same to any of her said Majesty's Consuls or Vice-Consuls, or other persons acting as such, resident within the dominions aforesaid, to be served and executed therein, or within any ship or vessel at a distance of not more than 100 miles from the coast of China; and every such Consul, Vice-Consul, or other person, to whom any such writ or process shall be directed as aforesaid, shall serve and execute the same forthwith, and immediately after the service and execution of such writ or process shall make a return to the said court of what has been done thereon; and every such Consul, Vice-Consul, or other person, to whom any such writ or process shall be directed as aforesaid, shall and may demand, take and receive such and the like fees, for the service and execution thereof, as are allowed to the sheriff for serving and executing the same within the said colony of Hong Kong. JOHN FRANCIS DAVIS, Governor, &c. Passed the Legislative Council, this 19th day of August, 1844. A. E. SHELLEY, Clerk of the Legislative Council. BRITISH ORDINANCE, "for the better administration of justice in the Consular Courts; and to establish a registration of British subjects within the dominions of the Emperor of China." Hong Kong, November 20, 1844. Anno 8 Victoria Reginæ.-No. 7 of 1844. WHEREAS by a certain Order passed by the Queen's Most Excellent Majesty in Council at the court at Buckingham Palace, the 17th April, 1844,* Her Majesty was pleased by and with the advice of her Privy Council, to order and ordain that Her Majesty's Consuls and Vice-Consuls resident within the dominions of the Emperor of China, or such other persons as by warrant under the hand and seal of the Chief Superintendent of the Trade of Her Majesty's subjects in China for the time being, shall be appointed to act provisionally as Consuls and Vice-Consuls, shall severally in the districts within which they may respectively be appointed to reside, have and hold all necessary power and authority to exercise jurisdiction over British subjects within such districts as aforesaid, for the repression and punishment of crimes and offences by them committed within the dominions of the Emperor of China, and for the arrangement and settlement of all and all manner of differences, contentions, suits, and variances that may or shall happen to arise between them or any of them; and shall moreover have power and authority as far as in them lies to compose and settle all and all manner of differences, contentions, suits, and variances that may or shall happen to arise between British subjects and * See Vol. 6, Page 276. the subjects of the Emperor of China, and between British subjects and the subjects of any foreign Power, and which may be brought before them for settlement: And whereas also, it is further ordered, as aforesaid, that Her Majesty's Consuls and Vice-Consuls in China, or any persons acting provisionally as such Consuls or Vice-Consuls as aforesaid, shall in the exercise of the jurisdiction granted to them by this present Order now in recital be governed by such laws and ordinances in that behalf as might be enacted by the Superintendent of the Trade of Her Majesty's subjects in China (so long as such Superintendent should also be Governor of the Island of Hong Kong), with the advice of the Legislative Council of the said island: And whereas also, Her Majesty by the said Order was by and with the advice of her Privy Council, pleased to appoint the colony of Hong Kong as a British colony, wherein crimes and offences committed by British subjects within the dominions of the Emperor of China, which it may be expedient shall be inquired of, tried, determined, and punished within Her Majesty's dominions, shall be so inquired of, tried, determined, and punished: And that Her Majesty's Consuls and Vice-Consuls or other persons provisionally acting as such under warrant from the Chief Superintendent of British Trade in China as aforesaid, shall have authority to cause any British subject charged with the commission of any crime or offence, the cognizance whereof may at any time appertain to them or any of them, to be sent for trial to the said colony of Hong Kong: I. Be it therefore enacted 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 Her Majesty's Consuls and ViceConsuls resident within the dominions of the Emperor of China, and all such persons who as aforesaid may be required to act provisionally as Consuls or Vice-Consuls in manner aforesaid, shall in the exercise of the jurisdiction granted unto them by the said Order of the 17th of April, 1844, be governed by the ordinances and provisions hereinafter contained, and try, determine, and punish all such cases as aforesaid. II. And be it further enacted, that all such Consuls and Vice-Consuls resident within the dominions of the Emperor of |