Masters of Mer- chant Vessels to enter into Bond
with Sureties, as in Form annexed.
Consul to take Bond and give Certificate thereof, and approve of
Sureties.
Penalty for not entering into Bond.
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 Hongkong, and Superintendent of the Trade of Her Majesty's Subjects in China, with the advice of the Legislative Council of Hongkong, 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 Esta- blishment, shall, together with sufficient Sureties subject to the Jurisdiction of the Courts of Justice at Hongkong, enter into a Bond, conditioned 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 One Year, unless the same shall become forfeited, and that any Bond of a similar nature taken at Hongkong, and conditioned to ex- tend 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 inte- rested in any Vessel, for the due performance of the Condi- tions 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 here- inbefore mentioned.
II. And be it enacted, that the British Consul at any such Port as aforesaid shall be entitled to demand and take posses- sien of such Bond, and shall deliver a Certificate of the taking thereof to such Master, and that the Sureties therein shall be to the satisfaction of, and approved by, the said Consul.
III. And be it enacted, if any Master of such Vessel as aforesaid shall neglect, for the space of Ten Days after his arrival at any such Port as aforesaid, or after the Forfeiture of, or after the expiration of the space of One Year from the previous taking of any such similar Bond, or shall at any time, upon lawful demand made by the said Superintendent of Trade for such other Security, or by the Consul aforesaid for such Bond, neglect or refuse to enter into the same, or to pro- vide 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 com- manded by him, until such time as the said demand shall be complied with, and also summarily to impose on the said Master a Fine not exceeding the Sum of One Hundred Dol- Jars,
lars, to be paid to Her Majesty, Her Heirs, and Successors, and in case of nonpayment thereof, to forthwith cause the same to be levied of the Apparel, Boats, Tackle, or Furniture of the Vessel commanded by the said Master.
detained to be
IV. And be it enacted, that the said Master and the said Master and Ship Ship, whilst so detained or arrested, shall be subject in every liable as if Bond respect to the same liabilities as if such Bond or other Secu- entered into. rity had been duly entered into.
of
of any Ship not in
V. And be it enacted, upon any Complaint made of any Proceedings Injury, either in Person or Property, sustained from the act against the Crew any of the Crew of any Vessel belonging to Her Majesty's Port, Damages to Subjects, done or committed within the Dominions of the be paid by Sureties Emperor of China, or within One Hundred Miles from the in Bond." Coast of China, which said Vessel shall not then be in 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 Enquire 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 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 enquired 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 shew 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 beit enacted, that upon any such Bond or other Secu- Bond or other Se- rity as herein mentioned becoming forfeited, the same shall be curity to be put in put in Suit by such person as may hereafter be duly autho- Suit, and whole Penalty levied. rized in that behalf by the said Superintendent of Trade, and Superintendent at the whole Penalty thereof recovered and levied; but that it his discretion to
return part thereof. 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 have been incurred by the Master or other
Person
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