tences, or of awarding the punishment for which such sentences shall be commuted.
With the Minister, under section 77, will rest, if not otherwise exercised by one of Her Majesty's Principal Secretaries of State, the power, on the recommendation of the Judge of the Supreme Court, of mitigating or remitting punishment in cases not of a capital nature.
With the Minister will rest the power, under section 127, of provisionally sanctioning rules framed by the Judge, which cannot conveniently await the sanction of the Secretary of State.
I do not think it necessary to particularize various other points in which provision is made by the Order for action on the part of Her Majesty's Minister. A careful study of the Order itself will enable you to ascertain your duties and powers under it.
You will observe among other things that, under the 152nd section of the Order, all fees, fines, &c., levied under it are to be appl ed in diminution of the public expenditure on account of Her Majesty's Courts in China and Japan, and the Consuls will be accordingly instructed to remit the same to the Supreme Court as directed by the Judge.
I am sure I need not impress upon you the importance of your affording to the Judge your utmost countenance and support not only with the Chinese authorities, but also with the British communities at the Treaty ports. I have reason to hope that the establishment of the Court will be hailed with satisfaction by the British communities, and I feel assured that you may rely on Sir E. Hornby's desire to be placed on terms of the most cordial and unreserved intimacy with yourself in all that relates to the discharge of the important duties with which he is entrusted.
I inclose a copy of the Rules of Procedure which I have approved.
You will see that Sir C. Hornby is instructed to draw up general instructions for the guidance of Her Majesty's Consuls. He will furnish you with a copy of them, and also with copies of any further instructions of a general nature which he may think it necessary from time to time to address to Her Majesty's Consuls for their guidance.
You will observe that by the 3rd Clause of the
3
164th Section you are required to give directions for the publication in every Consular district in China of the fact that the Order in Council has been published at Shanghae. In this notice you will enjoin Her Majesty's several Consuls to affix and exhibit a copy of the Order conspicuously in their public offices, and to keep the same so affixed and exhibited for one month, But you will perceive that a clause is inserted in the Circular instructions to Consuls requiring them not to wait for your instructions as their authority for exhibit- ing the Order in their public offices, for in many cases the time for the Order coming into operation will have expired before they can receive instruc- tions from you. You must, nevertheless, send such instructions as soon as possible.
I am, &c. (Signed)
RUSSELL.
77