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clared unlawful and punishable.
Her Majesty and His said Majesty the Tycoon of with Japan de- Japan as aforesaid, that the ports and towns of Hakodadi, Kanagawa, and Nagasaki, shall be opened to British subjects on the first day of July, one thousand eight hundred and fifty-nine, and that, in addition thereto, the following ports and towns shall be opened to them at the dates thereinafter and hereinafter specified, that is to say, Nee-e-gata, or if Nee-e-gata be found unsuitable as a harbour, another convenient port on the west coast of Nipon, on the first day of January, one thousand eight hundred and sixty, and Hiogo on the first day of January, one thousand eight hundred and sixty-
three:
Now it is hereby further ordered, that all trade whatsoever of Her Majesty's subjects in, to, or from any part of the dominions of the Tycoon of Japan, excepting the ports and towns aforesaid, and all trade whatsoever of Her Majesty's subjects in, to, or from any of the ports and towns aforesaid, before the respective days and times specified in the said Treaty as aforesaid, shall be and the same is hereby declared to be unlawful, and every person engaged in such trade as a principal, agent, shipowner, ship- master, or supercargo, shall be liable to be appre- hended by any of Her Majesty's Consuls, and shall, when so apprehended, be sent by him to Jeddo, in any of Her Majesty's ships of war, or in any British ship or vessel, for trial before the Consul-General. And it shall be lawful for the Commander of Her Majesty's ships of war, or of any British ship or vessel, to receive any such person on board under a warrant from the said Consul addressed to the Consul-Gene- ral, and thereupon to convey him in custody to Jeddo, aud, on his arrival there, to deliver him, with the said warrant, into the custody 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 im- prisonment for a term not exceeding two years.
Vessels and persons engaged in unlaw. ful trade may be seized and sent for trial.
Enforcement of
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XXXIII. And it is further ordered, that it shall be lawful for any of the commanders of Her Ma- jesty's ships, or any other offieer duly authorised in that behalf, to seize any ship or vessel under the British flag which may reasonably be suspected of having been engaged, or of being engaged, in any trade declared by the next preceding Article of this Order 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 any of them, in respect of such unlawful trade as aforesaid.
XXXIV. And it is further ordered, that all fines fines and penalties. 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 what- soever, made after the apprehension of any person for any offence against, or cognizable under, any of the provisions of this Order, or with a view to secu- rity or indemnity 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,
Rules of practice, and regulations for
the expenses of witnesses, and rates
of fees in civil suits to be estab- lished.
XXXV. And it is further ordered that it shall be lawful for the Consul-General from time to time to establish rules of practice to be observed in pro- ceedings before the said Consul, and to make regu- lations for defraying the expenses of witnesses in such proceedings, and the costs of criminal prosecu- tions, and also to establish rates of 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 ex- penses as may be adjudged against the parties or any of them: Provided always, that a Table speci- fying the rates of fees to be so taken shall be affixed and kept exhibited in the public office of the said Consul.
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