14
worded as if it were to be endorsed upore
some other instrument, which does not appear to be intended, & the Det referred to in the Boud is wrongly cited, it having few passed in the year of his late Majesty King George the 4th & not in the sh
The.
My
Your
of Medicine the 14 the
Lords consider Bar Houre
Communication, should be had with some of the Inershauts engaged tid the Face to Hong Kong & China previous to recommending the conformations of the Ordinance in question, as to the effects likely to result from requiring a Bond Few all Merchant Ships of the extended nature Sch forth, & making their masters liable to the extent of the Boux, for all damage, or impossiaty on the part of any persons within & Puouths after they shall have quitted suck Inerchant Stufe -
The Copy of the Adimeuce is herewith
Jautre
Olurred
Signed / John Barroce
THE FRIEND OF CHINA AND HONGKONG GAZETTE.
SUPPLEMENT TO No. 114.
GOVERNMENT NOTIFICATION,
The Following Ordinances are published for General information.
By order,
RICHARD WOOSNAM. Government, House, Victoria, Hongkong, 9th March, 1844.
Title.
HONGKONG. No. 4 of 1844.
Amo Sexto et Septimo Victoriae Regina.
Preambie
sal to enler
By His Excellency Sir HENRY POTTINGER Baronet Knight Grand Cross of the Most Honorable Order of the Bath Major General in the Service ul'the Best Jodie Oupany trovernor and Commander in Chief of the Colony of Hongkong and its Dependencies andi Superintendent of the Trade of Her Majesty's Subjects in China, with the advice of the Legislative Concil of Hongkong.
An Ordinance to restrain inasters of merchant Vessels belonging to Her Majesty's Subjects from leaving sea
en and others in a destibule state in the Colony of Hongkong and froi re- fusing to convey distressed seamen from thence to England and also to provide for the good conduct of seamen within the same.
(28th February, 1844. Whereas by reason of the distance of Hongkong from Great Britain great delay and expense are incurred in re- covering such sums of money as are expen led on her fajcary's behalf in conveying home destitute seamen un- lawfully left behind in Hongkong by masters of British Merchant Vessels.
And whereas it is expedient to effèe- tually provide against busters of mer- chant Vessels belonging to Her Majes- ty's Subjects leaving behind seamen or other persons in a destitute state in Hongkong and against masters of mer- chant vessels refusing to convey dis- tressql seated thence to England and also to provide means of affording sa- tisfaction to persons who may have sadered injury from the crew of any ̈vessel belonging to Hor Majesty's Sub-
jecta.
Mastere or I. Bo it therefore enacted and or Merchant ves dained by His Excellency the Gover- iste bad with nor of Hongkong with the advies of Suretes as in the Legislative Council thereof that form annexed the master of every merchant Vessel belonging to any of Her Majesty's Sub. jects as such master and in that cha- racter on his arrival at Hongkong shall together with sufficient sureties subject to the Jurisdiction of the Courts of Jas. tico nt 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 spaco of one year nulcse the sante shall be come forfeited and that any bond of a similar nature taken at any Pert in the Dominions of the Emperor of China and conditioned to extend to Hongkong shall be of the same force and effect as if entered into ut Hongkong aforesaid Provided also.int the Superintendent of the Trade of Her Majesty's Subjects in China may demand and take uch other security as he may deem neces- sary or sufficient from the owners mas- Ler consignees or other persons interest ed in any vessel for the due perfor Inance of the conditions in such bond as aforesaid conditioned to extend both to Hongkong and the dominions of the Emperor of China 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 hereinbefore mentioned.
Marbon Mas
bud and give
ties.
2 And be it enacted that the Iar- bour Master at Hongkong or such other
certificate the. Officer as may be duly authorized in reof and ap- that behalf shall be entitled to demand Hove of Bure and take possession of such bond and shall deliver a certificate of the laking thereof to such master ga aforesaid and that the sureties therein shall be to the satisfaction of and approved by the said Harbour Master or other Officer.
VICTORIA, TUESDAY, MARCH 12, 1841.
Penely fr 3. And be it enacted if any master not entering of such vessel as aforesaid shall neglect a band or
283
Superintendent of Trade may think fil and reasonable.
HENRY POTTINGER. Governor &c. &c.
star giving for the space of ten days after lus arri. other Security, val at Hongkong or offer the forfeiture
of or after the expiration of the space Possed the Legislative Council
the 28th day of February, 1844,
RICHARD BRGASS
Clerk of the Legislaire Council.
TRE SCHEDUS TO WHICH THIS ORDINANCE Know all men by these presents that master of the verse! Lie
REVERS.
of one year from the previous taking of any such similar bend or shall at uny tine upou lawful demand made by the said Superintendent of Trade for such other security or by such Officers as aforesaid for each bond neglect or 18- fuse to enter into the same or to pro- of vide such sureties or other security us aforesaid that it shall be lawful for the said Superintendent of Trade or for such Officers as aforesaid to arrest and firmly bound on Her Most Gracious Majesty detain such master and the vessel com. manded by him until such time as the Ireland Queen Defender of the Faith in the fuit Victoria by the Cince of God of Great Britain and
and we
British Merchants resident at
are held and
sand demand shall be complied with and also summarily to impose on the
sum of one thousani lawful current dollars of the said master a fine rut exceeding the Her said Majesty Her Heirs and Successors for currency of the Colony of Hongkong to be paid to sum of one hundred dollars to be paid which payment to be well and truly made we bind to Her Majesty Her Heirs and Sucoes-
184
sors for the public purposes of the Co- ourselves and each of us for himself in the whole fony of Hongkong and in case of non- our and every of our heirs esecutors and adminis- payment thereof to forthwith cause the trators firmly by these presents Seated with our
day of sarde to be levied of the apparel boats seals Dated this tackle or furmure of the vessel com- have agreed to esenure this obligation as suretics
Whereas the within bound manded by the said master.
for the wilina bound Master and 4. And be it enacted that the said skip deed master and the said ship whilst so de- to be able a9 if bond entertained or arrested shall be subject in every respect to the same liabilities as if such boud or other security had been doly entered into,
ed into.
Proceedings 5. And be it enacted, upon any com- against the Crew of plaint made of any injury either in por. Ship not in son or property sustained from the act Port damages of any of the crow of any vessel be- Gurotine to be paid by longing to Her Majesty's Subjects done Bond or other
sec:inty-
in
Bond or alter conut be e
if the within named
Now the Condition of this obligation is such that master of the vessel the
aforesaid do not within one year from the date hereof unlawfully discharge or leave behind any of the crew of the said vessel the
in Hongkong and also within the space of one year aforesaid within the limits do nos refuse to re- ceive on board the said vsezel the
such distressed seamen as may be sent ou..... board thereof for conveyance to Great Britain ac committed within Hongkong or the cording to the provisions of the Stators made anch domainions of the Emperor of China or passed in the first year of the reign of His late Ma- within 100 miles from the Coast of jesty William the Fourth intituled An Act to " Chine which said vessel thail not then "amend and consolidate the Laws relating to the be in Hongkong or in any Port in Chi. "pay of the Royal Navy" and if no person force- na at which a British Consular Establish. y a seaman of the said vessel or no subject of ment may exist and in respect where for Majesty conveyed in the said vessel the of sneh houd or other security as afo-
to Hongkong shall within three calen- rusaid almll. kaya bean enter into that lar months from having been such sannian or from it shall be lawful for any competent lying been so conveyed be found destitute or re- Tribunals to summon the sproties in quiring public relief in Hongkong aforesaid and also such bond or other security as afore. if the within named obligörs shall forthwith dis- stid to appear and answer such com- charge all or any sums of money which shall be awarded by way of satisfaction (in the manner plaint and thereupon to proceed to en- quire of hear and determine the same provided by the Ordinance in pursuance of which in the absence of the party alleged to this bond is entered into) to any person or persons havs committed the injury complained by any competent Tribunal for any injury sustained of and to award such damages (to be within one year from the date hereof from the paid and borne by the sureties the
crew of the said vessel the bond or other security aforesaid) to or any one or more of them. Then this obligation such injured party as may be just and shall be void and of no effect but otherwise shall reasonable. Provided always that remain in full force and virtue such adjudication shall not be pleada- Signed Sealed and Delivered bie in bar of any criminal proceeding instituted in respout of the subject mat-
in the presence of ter thereof and that no such complaint shall be inquired of or heard unless it shall clearly appear that the party pro ferring the same has used all possible diligence in so doing whilst such vessel was in port and that no such adjudi- cation of damages or compensation shall be made if the said sucties show special cause for delaying the same or shall undertake to produce the party alleged to have committed the injury complained of within a reasonable fimu to be then Sxed by such Tribunal as aforesaid.
At
6. And be it enacted. That upon put in any such bond or other secuity as whole pornly herein mentioned becoming forfeited levied up the same shall be put in suit by such Tide. Flusendent at person as may hereafter be duly au
To return 10:1
therest
thorized in that behalf by the Superin- tendent of Trade and the whole pe- nalty thereof recovered and levied but that it shall be lawful for the Superin- tendent of Trade aforesaid upon peti- tion being made to him to that effect
L.S.
Au Ordinance for Her Majesty's sug jects within the dominions of the Empe ror of China, or within any ship or vessel at a distance of not more than one hun- dred miles from the coast of China.
Anna Sexta et Septimo Victoria Regine.
to order that sucf: part thereof as shall not be actually expended in conse- quence of the breach of the conditions Preamble. of the said bend or other security or as may not be required to liquidate any legal penalty which may have been incurred by the master or other par- son bound thereby to be returned to the party or parties from whom the same may have been levied at such ume and on such conditions as the said
No. 3 of 1941-4.
By His Excelleney Sir Henry Pottinger, Barinn, Knight Grand Cross of the Most Honorable Order of the Bath, Major General in the Service of the East India Company, Gremor and Commander in Chief of the felony of Hongkong and its Dependencies, and Superintendent of the Trade of Her Majesty's sobjects in China, with the advice of the Legislative Council of Blangkong.
An Ordinance to restrain masters of merchant vessels belonging to Her Ma- from leaving seamen and jesty's subjects others in a destitute state in the dominions of the Emperor of China, and from re- fusing to convey distressed seamen from thence to England, and also to provide for the goud conduct of scatuen within the same,
(28th February, 1844.) Whereas by reason of the distance of China from Great Britain grent delay and expense are incurred in recovering such eums of money as are expended ou Her Majesty's heball in conveying home desti- bile seamen unlawfully left behind in China by nesters of vessels: And whereas it is expedient to effectually provide against unsters of merchant vessels be- longing to Her Majesty's subjects leaving