F
THE HONGKONG GOVERNMENT GAZETTE, 11TH MAY, 1861.
any
ports and towns aforesaid, and all trade whatsoever of Her Majesty's subjects in, to, or from any of the ports and towns aioresaid, before the respective days and times speci- fied in the said Treaty as aforesaid, shall be and the same is hereby declared to be un- lawful, and every person engaged in such trade as a principal, agent, shipowner, ship- master or supercargo, shall be liable to be apprehended by any of Her Majesty's Con- suls, and shall, when so apprehended, be sent by him to Jeddo, in any of Her Majes- ty's ships of war, or in any British ship or vessels, for trial before the Consul-General. And it shall be lawful for the Commander of Her Majesty's ships of war, or of British ship or vessel, to receive any such person on board under a warrant from the said Consul addressed to the Consul-General, and thereupon to convey him in custody to Jeddo, and, on his arrival there, to deliver him, with the said warrant, into the cus- tody of the said Consul-General, who, on the receipt of the said warrant and the person therein named, shall be authorised to commit, and shall commit, the person so sent for trial, and detain, or cause him to be detained, in any place of safe custody at Jeddo, and the Consul-General shall forthwith proceed to hear and determine the charge against such person, and such person shall, upon conviction, be liable to a fine not exceeding ten thousand dollars, or to imprisonment for a term not exceeding two years.
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Vessels and persons engaged in unlawful
XXXIII. And it is further ordered, that it shall be lawful for any of the com- manders of Her Majesty's ships, or any other officer duly authorised in that behalf, to trade may be seized seize any ship or vessel under the British flag which may reasonably be suspected of and sent for trial. having been engaged, or of being engaged, in any trade declared by the next preced- ing Article of this Urder to be illegal, and to bring such ship or vessel, and the master, officers, supercargo, and crew thereof to Jeddo, and there to detain such ship or vessel, and the master, officers, supercargo, and crew thereof, until the said Consul-General shall have tried and determined the charge which may be brought against them, or
ny of them, in respect of such unlawful trade as aforesaid.
Enforcement of fines
and penalties.
XXXIV. And it is farther ordered, that all fines and penalties imposed by or under this Order may be enforced and levied by distress and seizure and sale of ships, and goods, and chattels, and no bill of sale, mortgage, or transfer of any property whatsoever, made after the apprehension of any person for any offence against, or cog- nizable under, any of the provisions of this Order, or with a view to security or indem- nity against any such offence to be thereafter committed, shall be of any force or avail whatsoever to defeat or affect the operation of any of the provisions of this Order.
XXXV. And it is further ordered, that it shall be lawful for the Consul-General Rules of practice, from time to time to establish rules of practice to be observed in proceedings before expenses of witnesses, and regulations for the the said Consul, and to make regulations for defraying the expenses of witnesses in and rates of fees in ci- such proceedings, and the costs of criminal prosecutions, and also to establish rates of ed. fees to be taken in regard to civil suits heard and determined before the said Consul, and it shall be lawful for the said Consul to enforce by distress and seizure and sale of goods, or if there be no goods by imprisonment, the payment of such established fees, and of such expenses as may be adjudged against the parties or any of them: Provided always, that a Table specifying the rates of fees to be so taken shall be affixed and kept exhibited in the public office of the said Consul.
vil suits to be establish-
XXXVI. And it is further ordered, that all fees, penalties, fines, and forteitures, Appropriations of levied under this Order, save and except such penalties as may by Treaty be payable fees, penalties, &c. to the Japanese Government, shall be paid to the public account, and be applied in diminution of the public expenditure on account of the Consular establishment in Ja- pan: Provided always, that in the event of the Japanese authorities declining to receive any fine payable to the Japanese Government as aforesaid, the same shall be paid to the public account and applied in the manner last mentioned.
probate, and adminis-
XXXVII. And it is further ordered, that it shall be lawful for
any of Her Ma- Consuls may grant jesty's Consuls to grant probate of the will, or letters of administration of the intestate ter to intestate estates. estate, of a British subject deceased and leaving property within the limits of the dis- trict within which such Consul shall exercise authority; and in the case of a party so deceased, either leaving a will or intestate, it shall be lawful for the Consul, provided that probate of the will, or letters of administration to the estate, of the party deceased, shall not have been applied for within thirty days by any person lawfully entitled thereto, to administer to such estate, and to reserve to himself, out of the proceeds of such estate, a commission not exceeding two and a-half per centuun on such proceeds.
subjects to he kept.
XXXVIII. And it is further ordered, that a register shall be kept by each and Register of British every of Her Majesty's Consuls, of all British subjects residing within the ports, places, or districts of Japan within his jurisdiction; and that every British subject now risiding within the dominions of the Tycoon of Japan shall, within a reasonable time after the commencement and taking effect of this Order, to be specefied in a notice to be affixed