From Sir Hary Pettanger
Hongkong. Novo 20/43.
20.152.
4 Inclosures.
GOVERNMENT NOTIFICATION.
With reference to the Government Notification, of the 2d instant, announcing the intended early introduction of the provisions of the new Tariff and Regulations for Trade at the remaining four Ports in China, which are to be opened by treaty to foreign Commerce, in addition to that of Canton; and adverting to the great increase of intercourse with, and resort of shipping to, China which may be expected to be the result of recent arrangements, as well as to the necessity for strict and defined Rules which springs from the arrangements, and more particularly from certain stipulations which have been entered into between the High Contracting Powers and inserted in a pending Supplementary treaty, which will be hereafter published for general information, His Excellency, Sir Henry Pottinger, Bart., G.C.B., Her Britannic Majesty's Plenipotentiary and Chief Superintendent of Trade &c. in China considers it to be his imperative duty to call the special attention of the Masters, Owners, and consignees of all Merchant Vessels, whatever may be their class or description, sailing under British Colors, that may be at this time in the Seas, or waters, of China, or of Her Britannic Majesty's Colony of Hongkong, or that may hereafter enter these Seas or Waters, to the Law relating to Merchant Seamen as laid down in the Act of Parliament of the 5th and 6th William IV. Chapter 19, passed in the year 1835, and commonly called “Sir James Graham's Act.”
In thus calling attention to the above described Act of Parliament, Her Majesty's Plenipotentiary and Chief Superintendent of Trade deems it advisable to append to this Notification a brief Memorandum Showing the Penalties attached to certain breaches or evasions of the said Act which have heretofore been of frequent, and almost daily, occurrence in China, and from which much trouble and serious public inconvenience have resulted; and to notify, that all Consular and other officers of the British Government in China, to whose duties it may appertain, will be instructed and authorized to summarily enforce the said Penalties, with regard to all Merchant Vessels, under British Colours, from and after the 1st day of December next, in every instance where they may be proved to have been justly incurred; likewise that His Excellency the Naval Commander in Chief will be requested to issue the necessary instructions to the Captains and Commanders of all Her Majesty's, and the East India Company's, Ships of War and Steamers now, or hereafter, serving on the China station to aid and assist the said Consular and other officers in enforcing the said Penalties, on receiving an official application, in writing, to that effect.
It is further notified, that the same rules are to be deemed applicable to the Ports of the military Posts of Tinghai (Chusan) and Koolangsoo, so long as those Posts may be garrisoned by Her Majesty's Combined Forces.
His Excellency the Chief Superintendent of Trade, &c. is also pleased to determine and declare, that when Vessels incur any of the Penalties and quit China before they can be enforced (in the case, for instance, of leaving any of the Crew behind, or discharging, or Shipping, Seamen without the sanction of the Consular officer) the Consignees, should there be no Owners, of the Vessel shall be held responsible, so far as the Law will permit; and that in every case where the Consignees may not be considered to be legally responsible for the Acts of the Master of any Vessel consigned to them, the most decided steps will be taken to have the penalties, with all attendant expenses, enforced and recovered by the proper Courts of Law, whether the vessel may belong to, or be found in the United Kingdom, or India, or any of the Colonies subject to Her Majesty's, or the East India Company's Government.
Her Majesty's Chief Superintendent of Trade, &c. in China takes this occasion to further notify, that he has received a representation from the officers of the Government of China regarding a practice which is stated to obtain amongst the foreign shipping at Whampoa, of throwing stone and other descriptions of Ballast into the river at that anchorage, and as such a practice would be likely to be still more dangerous and detrimental to the anchorages of the Ports of Shanghai, Ningpo and Foochow foo, it is accordingly positively prohibited, as well at those Ports as at Whampoa; and Her Majesty's Consuls are hereby directed, empowered, and authorized to fine the master of any vessel, under British Colours, that may be summarily convicted of a breach of this Rule, in a penalty of not less than ten pounds (£10) and not exceeding twenty-five pounds (£25) according to the circumstances of the case. All masters of vessels who may have Ballast on board which they wish to get rid of, or who may require Ballast from the shore, are directed to report and apply, to the Consular officer on the spot, who will have a convenient place fixed on and pointed out, in the former case for its being deposited, and in the latter from which it may be removed.
By order of His Excellency Her Majesty's Plenipotentiary and Chief Superintendent of the Trade, &c. &c., in China,
RICHARD WOOSNAM.
Dated at Macao, 4th Oct. 1843.
MEMORANDUM. Penalties Liable to be incurred by the Masters or Owners of Vessels.
For carrying to sea any seaman without first entering into agreement, for every such seaman, ten pounds.
Neglecting to cause Agreement to be distinctly read over to each seaman, for every such neglect, five pounds.
Neglecting to deposit with Collector or Controller of Customs a true copy of Agreement, or depositing any false copy, five pounds.
Neglect or refusal to pay wages when due, forfeits two day's pay for every day so neglected.
Refusing to make immediate payment of wages when due, without sufficient cause, five pounds.
Refusing to give certificate to seaman, without sufficient cause, five pounds.
Neglecting to make a return of the crew, extracted from the Muster Roll, twenty-five pounds.
Neglecting to make a return of the crew of vessels lost or sold abroad, made up to the time of loss or sale, twenty-five pounds.
Forcing on shore, and leaving behind any one of the crew, at home or abroad, punishable by fine and imprisonment.
Discharging seamen abroad without sanction of Consul or other functionary, punishable as a misdemeanor.
Neglecting to deposit Agreement with British Consul or Vice Consul on arrival at foreign port, twenty-five pounds.
Shipping seaman at a foreign port without the privity of Consul, twenty-five pounds.
Neglecting or refusing to produce Muster Roll and Agreement to any officer of any of Her Majesty's ships, or to the Registrar, or any of his Assistants, or any Collector or other officer of Customs, every offence, fifty pounds.
Penalties Liable to be incurred by the Seamen, the amount of which may be stopped out of Wages due.
Refusing to join the ship after signing agreement, or absenting himself without leave, forty shillings, or thirty days imprisonment.
For temporary absence or neglect of duty, to forfeit two days pay for every 24 hours.
Quitting the ship without legal discharge, forfeits one month's pay.
Absolute desertion, forfeits all wages, emoluments, clothes, and effects, on board.
N.B.-The Master on his arrival at any Foreign Port, where there shall be a British Consul or Vice-Consul, shall deliver the Agreement with his Ship's Crew, to such Consul or Vice-Consul, which shall be returned to him before leaving the Port.
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