BRITISH ORDINANCE, “to amend Ordinance No. 4 of 1844, entitled An Ordinance to restrain Her Majesty's Subjects from trading in the Empire of China to the northward of the 32nd degree of north latitude." Hong Kong, March 9, 1846.

Anno 9 Victoria Reginæ.-No. 1 of 1846.

I. WHEREAS it is expedient that the said Ordinance No. 4 of 1844 should be amended: by declaring that vessels engaged in the traffic thereby prohibited shall not be seized at sea at a greater distance than 100 miles from the coast of China; by defining the meaning of the terms therein used, of "ships or vessels sailing under the British flag;" by making further provision for the title to vessels engaged in such prohibited trade, in the event of subsequent sales, transfers, or mortgages; and by introducing more specific provisions as to the form of precedure for the seizure and sale of vessels contravening the enactments of the said ordinance: Be it therefore enacted by his Excellency the Governor of Hong Kong, with the advice of the Legislative Council thereof, that no vessel shall be seized or detained in pursuance of the provisions of the said ordinance, at sea, at a greater distance than 100 miles from the coast of China.

II. And be it further enacted, that the terms "ships or vessels sailing under the British flag," used in the said ordinance, shall be held solely to mean and include British vessels navigated according to law, or vessels British owned, and provided with sailing letters from the Government of Hong Kong.

III. And be it enacted, that the power given by the said ordinance of selling ships or vessels, discharges of bills of sale, transfers, or mortgages, made or executed under the circumstances therein also mentioned, be confined to cases of sale, transfer, or mortgages made or executed after the seizure of such ships or vessels, and to cases of sales, transfers, or mortgages made before seizure, if made to transferees or mortgagees having notice that such ship or vessel had been employed in trading contrary to any of the prohibitions of the said ordi

nance.

IV. And be it further enacted and ordained, that no vessel shall be seized or detained under the provisions of the said

ordinance, unless the Chief Superintendent of Trade shall have issued a general or special warrant or order under his hand and seal for that purpose, which warrant or order shall also direct that such vessel shall with all reasonable expedition be brought into the harbour of Hong Kong, and be there detained until the further order of the Chief Superintendent aforesaid, or of the Supreme Court of Hong Kong.

V. And be it further enacted, that all penalties and forfeitures which may have been heretofore, or may be hereafter incurred under this or the said ordinance, may at the instance of the Chief Superintendent of Trade, be prosecuted, sued for, and recovered in the Supreme Court of Hong Kong, upon information to be filed by Her Majesty's Attorney-General for the said colony; and that the said court in pronouncing any judgment or order imposing any penalty incurred by a violation of the said ordinance, shall have power to authorize and direct, that if the same be not paid within one calendar month from the time of giving or making such judgment or order, the said vessel shall be sold by public auction, in whole or part satisfaction of the said judgment, as far as the proceeds of the said sale may reach.

JOHN FRANCIS DAVIS, Governor, &c. Passed the Legislative Council of Hong Kong, this 9th day of March, 1846.

ADOLPHUS E. SHELLEY, Clerk of Councils.

BRITISH ORDINANCE, to amend the Ordinance No. 3 of 1844, entitled "An Ordinance to restrain Masters of Merchant-vessels 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 carry 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, March 24, 1846.

Anno 9 Victoria Reginæ.-No. 2 of 1846.

WHEREAS it is expedient that the form of bond as hereafter contained be substituted for the form of bond prescribed

by the said Ordinance No. 3 of 1844*: be it therefore enacted, by his Excellency the Governor of Hong Kong and Chief Superintendent of the Trade of Her Majesty's subjects in China, with the advice of the Legislative Council thereof, that in all cases hereafter, where any bond shall be taken or executed in pursuance of this or the said Ordinance No. 3 of 1844, the following form and terms of condition shall be substituted and used in place of that prescribed by the said Ordinance No. 3 of 1844. That is to say :

Form of Bond.

Know all men by these presents, that master of the vessel the

of

British merchants resident at

and we

are held and firmly bound unto Her Most Gracious Majesty Victoria, by the Grace of God of Great Britain and Ireland Queen, Defender of the Faith, in the full sum of 1000 lawful current dollars of the currency of the colony of Hong Kong, to be paid to Her said Majesty, her heirs and successors, for which payment to be well and truly made we bind ourselves, and each of us for himself, in the whole, one and every of our heirs, executors, and administrators, firmly with these presents. Sealed with our seals this day of

Whereas the within bound

184.

have agreed to execute this obligation as sureties for the within bound

Now the condition of this

aforesaid, do not within

obligation is such, that if the within named

master of the vessel the

one year from the date hereof,

unlawfully dis

charge or leave behind any of the crew of the said vessel the in the dominions of the Emperor of China, or within 100 miles from the coasts of China; and also, within the space of one year aforesaid, within the limits aforesaid, do not refuse to receive on board the said vessel the

such distressed seamen as may be sent on board thereof for conveyance to Hong Kong or to Great Britain, by any of Her Majesty's Consuls in China; and if no person formerly a seaman of the said vessel, or no subject of Her Majesty conveyed in the said vessel the to the dominions of the

* See Page 174.

Emperor of China, shall, prior to the departure of the said vessel from the said dominions, be found destitute or requiring public relief therein; and also, if the within obligers shall forthwith discharge all or any sums of money which may be awarded by way of satisfaction (in the manner provided by the ordinances in pursuance of which this bond is entered into) to any person or persons by any competent tribunal, for any injury sustained within one year from the date hereof, from the crew of the said vessel the or any one or more of them; and also, if the within obligers shall forthwith on demand discharge and pay all costs and expenses necessary for conveying to Great Britain all destitute seamen belonging to and unlawfully left behind said vessel in said dominions, then this obligation shall be void and of no effect, but otherwise shall remain in full force and virtue. Signed, sealed, and delivered at presence of A. B.

in the

JOHN FRANCIS DAVIS, Governor, &c.

Passed the Legislative Council of Hong Kong, this 24th day of March, 1846.

ADOLPHUS E. SHELLEY, Clerk of Councils.

EQUATOR.

LAW of the Republic of the Equator, prohibiting the Importation of Slaves. Riobamba, September 26, 1830.

ART. I. Se prohibe la importacion de esclavos en el territorio del Estado, y se declaran libres los que se introducen bajo cualquier pretesto contra el tenor de esta lei, responsables los autoridades que omitan su cumplimiento.

Sec. unico. Se eceptuan de esta disposicion aquellos que se introduzcan para empresas agricolas y minerales, previo el permiso especial del Gobierno que de signar el numero.

II. La presente tendrá entero cumplimiento 2 meses despues de su promulgacion.

Ejecutese.

Riobamba, à 26 de Septiembre, 1830.

(Translation.)

ART. I. The importation of slaves into the territory of the State is prohibited; and those are declared free which are introduced under any pretext contrary to the tenor of this law, the authorities who fail in enforcing it being made responsible.

Sec. separate. Such as are introduced for agricultural and mining undertakings with the previous permission of the Government, which must express the number, are exempt from this disposition.

II. The present shall have full force 2 months after its promulgation.

Let it be executed.

Riobamba, September 26, 1830.

TREATY between Great Britain and the Republic of the Equator, for the Abolition of the Traffic in Slaves. Signed at Quito, May 24, 1841*.

[See Spanish version, Page 222.]

HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Republic of the Equator, being equally animated by a sincere desire to co-operate for the utter extinction of the infamous and piratical Traffic in Slaves, have resolved to conclude a Treaty for the special purpose of attaining this object, and have named for this purpose as their Plenipotentiaries, to wit:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Walter Cope, Esquire, Her Majesty's Consul in the Equator;

And the Republic of the Equator, Señor Francisco Marcos, Secretary of State for the Interior and Foreign Affairs:

Who, having duly communicated to each other their respective full powers, and found them to be in proper form, have agreed upon and concluded the following Articles :

ART. I. Great Britain and the Republic of the Equator declare the Traffic in Slaves abolished for ever. And in order to avoid any doubts that may hereafter occur from any circumstance proving prejudicial to the interests of commerce and navigation, for want of a proper explanation of the real spirit of * Ratifications exchanged at Quito, July 5, 1847.