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spoliation and adding a further grievous wrong. By a large mitigation of penalty I should think it Cheong's interest therefore to make up his mind quickly, and I have only to state in conclusion that the legal right to confiscation on the part of the Chinese Government prima facie arises on the infringement of the Section already referred to. To constitute the liability on the one hand and the right to inflict the penalty on the other proof of two facts is requisite. 1st that the Bert in which the vessel is found is a non-Treaty Port, and 2ndly that the vessel is actually within its limits. The illegality of the act of resort and entrance is liable to be rebutted by proof satisfactory to the Chinese Government that the vessel is there by no fault of her own such as being brought there by stress of weather, legitimate fear of pirates, or other circumstance which rendered her resort or entrance necessary to her safety and that of those on board. But the Chinese Government are in the first instance the judges of the sufficiency and value of the proof advanced. If the Government acts unfairly or improperly in the exercise of its judgment, it is then competent for the Sovereign to whom the party whose property the confiscated ship is owns allegiance, to remonstrate if it sees fit and intervene by Diplomatic Action otherwise for the ends of justice. This
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