Directory_and_Chronicle_1872

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917 aged

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917 aged

Order of Her Majesty the Queen in Council, for the Government of Her Majesty's Subjects

in China and Japan.

AT THE COURT AT WINDSOR, THE 9TH DAY OF MARCH, 1865. PRESENT:

6&7 Viet, e. 81

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS an Act of Parliament was passed in the Session of the Preamble, sixth and seventh years of Her Majesty's reign (chapter eighty) “for the better government of Her Majesty's subjects resorting to China" And whereas, by that Act it was enacted (among other things) hat it should be lawful for Her Majesty, by any Order or Orders made with the advice of Her Privy Council, to ordain for the govern- ment of Her Majesty's subjects being within the dominious of the Emperor of China, or being within any ship or vessel at a distance of not more than one hundred miles from the coast of China, any law or ordinance which to Her Majesty in Council might seem meet, as fully and effectually as any such law or ordinance could be made by Her Majesty in Council for the gcverument of Her Majesty's subjects being within Her Majesty's Island of Hongkong:

And whereas, another Act of Parliament was passed in the same 6 & 7 Vel, e. 91

Session (chapter ninety-four) "to remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual" (to which Act the expression The Foreign Jurisdiction Act when hereafter used in this Order refers)

And whereas, by The Foreign Jurisdiction Act it was enacted (among other things) that it was and should be lawful for Her Ma- jesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty then had, or might at any time thereafter have, within any country or place out of Her Majesty's dominions, in the same and as ample a manner as if Her Majesty had acquired such power or juris liction by the cession or conquest of territory

And whereas, Her Majesty has had and now has power and juris liction in the dominions of the Emperor of China, and in the dominions of the Tycoon of Japan :

And whereas, Her Majesty was pleased from time to time, by and with the advice of Her Privy Council, by Orders in Council of the

917 sed

417 aged

417 add

Short Title,

Interpretation

ORDER IN COUNCIL.

several dates in the Schedule to this Order specified, to ordain laws and ordinances for the better government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within certain ships or vessels at a distance of not more than one hundred miles from the coast of China, and to make provisiou for the exercise of Her Majesty's power and jurisdiction aforesaid in the dominions of the Emperor of China and of the Tycoon of Japan respectively: And whereas, it has seemed to Her Majesty, by and with the advice of Her Privy Council, to be expedient at the present time to revise the provisions of the said Orders, and to ordain further and

other laws and ordinances for the better government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within such ships or vessels as aforesaid, and to make further and other provision for the due exercise of Her Majesty's power and jurisdiction aforesaid and particularly for the more regular and efficient administration of justice among Her Majesty's subjects resident in or resorting to the dominions of the Emperor of China or of the Tycoon of Japan:

the

And whereas, under the authority of provisions in this behalf in first-recited Act contained, ordinances for the peace, order, and good government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within certain ships or vessels at a distance of not more than one hundred miles from the coast of China, have been from time to time made by the Superintendent of the Trade of Her Majesty's subjects in China (such Superintendent being also the Governor of Hongkong), with the advice of the Legislative Council of Hongkong, which ordinances are known as Consular Ordinances And whereas, such of those Consular Ordinances as are described

Schedule to this Order are now in force, wholly or in part, bu they are liable to repeal by order of Her Majesty in Council, and it is expedient that they be repealed, such of their provisions as are not intended to be abrogated being consolidated with this Order:

the

Now, behalf by the first-recited Act and The Foreign Jurisdiction Act, or either of them, or otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as

therefore, Her Majesty, by virtue of the powers in this

follows:

I. PRELIMINARY.

1. This Order may be cited as The China and Japan Order in

Council, 1865.

2. In this Order—

The term "China means the dominions of the Emperor of

China:

The term "Japan" means the dominions of the Tycoon of

Japan.

repre

The term "Minister" means the superior diplomatic sentative of Her Majesty for the time being, whether Ambassador, Envoy, Minister Plenipotentiary, or Chargé d'Affaires : The term "Chief Superintendent of Trade" means the Super- intendent of the trade of Her Majesty's subjects in China for the time being, or any person for the time being authorized to act as such:

The term “Consular Officer" includes every officer in Her Majesty's Consular Service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or person au thorized to act in any such capacity in China or Japan

;

H. B. M. SUBJECTS IN CHINA AND JAPAN. The term "British vessel” includes every vessel being a British ship within the meaning of 'I he Merchant Shipping Act, 1854, or any other Act of Parliament for the time being in force for the regulation of merchant shipping,--and any vessel owned wholly or in part by any person entitled to be the owner of a British ship in the sense aforesaid,—aud any vessel provided with sailing-letters from the Governor or Officer administering the Government of Hongkong, or from the Chief Superintendent of Trade: The term "Treaty" includes Convention, and any Agreement, Regulations, Rules, Articles, Tariff, or other instrument annexed to a Treaty, or agreed on in pursuance of any stipulation thereof :'

The term

month the

Words importing

means calendar month:

plural or the singular may be construed

as referring to one person or thing or more than one person or thing, and words importing the masculine as referring to females (as the case may require.)

3. The provisions of this Order relating to British subjects apply British subgents,

to all subjects of Her Majesty, whether by birth or by naturalization. The provision of this Order relating to foreigners apply to sub- Foreignera

jects of the Emperor of China and of the Tycoon of Japan respectively, and subjects or citizens of any State other than China or Japan (not being enemies of Her Majesty.)

[I.-GENERAL PROVISIONS RESPECTING HER MAJESTY'S JURISDICTION.

exercised according

4. All Her Majesty's jurisdiction exerciseable in China or in Her Majesty's Japan for the judicial hearing and determination of matters in differ- jurisdictions to ence between British subjects, or between foreigners and British sub- to this Order. jects,—or for the administration or control of the property or persons

of British subjects, or for the repression or punishment of crimes or offences committed by British subjects,--or for the maintenance of order among British subjects,-shall be exercised under and according to the provisions of this Order, and not otherwise.

administered,

5. Subject to the other provisions of this Order, the civil and Law of England to b3

criminal jurisdiction aforesaid shall, as far as circumstances admit, be exercised upon the principles of and in conformity with the Com- mon Law, the Rules of Equity, the Statute Law, and other Law for the time being in force in and for England, and with the powers vested in and according to the course of procedure and practice ob- served by and before Courts of Justices and Justices of the Peace in England, according to their respective jurisdictions and authorities.

6. Except as to offences made or declared such by this Order, or What to be deemed

by any Regulation or Rule made under it-

Any act other than an act that would by a Court of Justice having criminal jurisdiction in England be deemed a crime or offence making the person doing such act liable to punishment in England, shall not, in the exercise of criminal jurisdiction under this Ŏrder, be deemed a crime or offence making the person doing such act liable to punishment.

III-CONSTITUTION OF HER MAJESTY'S COURT.

I-The Supreme Court at Shanghai.

criminal acts.

7. There shall be a Court styled Her Britannic Majesty's Style and seal of

Supreme Court for China and Japan.

The Supreme Court shall have a seal bearing its style and such

Supreme Court,

417 aged

417 ased

417 sed

817 aged

817 sed

ORDER IN COUNCIL.

devise as one of Her Majesty's Principal Secretaries of State from time to time directs.

H. B M. SUBJECTS IN CHINA AND JAPAN

Judge for the time therein mentioned; but every such appointmen shall be revocable, at pleasure, by the Judge, by writing under his

and the seal the Supreme Court. The Law Secretary, or other person so appoint-1. shall during the continuance of his appointment, have all the power and autho- rities of the Assistant 17. The Law Secretary shall be appointed by Her Majesty by Aptentaverat

warrant under Her Royal sign manual. 18. The Law Secretary shall be the Registrar of the Court.

"IE

*. The Supreme Court shall hold its ordinary sitting at Shanghai,

or on emergency, at any other place within the district of the Cou sulate of Shanghai: but may at any time transfer its ordinary sittings any such place in China as one of Her Majesty's Principal Secre

taries of State or Her Majesty's Minister in China approves. 9. There shall be one Judge of the Supreme Court

band

Royal

sign

shall be appointed

mannal.”

Her Majesty,

by warrant under Her

A* › g Judge,

Assistant Judge. Law

Secritary, Officers,

and Cherka:

Appeltraint Assistant Judge.

Duties of Assistant

Judge in civil cases,

In ormonal cases,

Acting Assistant Judge,

He shall be a subject of Her Majesty (by birth or naturalization) who at the time of his appointment is a member of the bar of England, Scotland, or Ireland, of not less than seven years' standing, or has filled the office of Assistaut Judge or Law Secretary in the Supreme Court, or the office of Judge or Legal Vice-Consul or Law Secretary In Her Majesty's Consular Service. 10. The Judge may, from time to time, in case of his absence or intended absence from the district of the Consulate of Shanghai, either in the discharge of his duty or with permission of one of Her Majesty's Principal Secretaries of State, or in case of illness, appoint, by writing under his hand and the seal of the Supreme Court, a fit person to be his deputy for the time therein mentioned; but every snch appointment shall be revocable, at pleasure, by the Judge, by writing under his hand and the seal of the Supreme Court.

The person so appointed shall, during the continuance of his

Appointment, have all the like power and authority as the Judge.

11.

During a vacancy in the office of Judge, or on emergency, a fit person, approved by one of Her Majesty's Principal Secretaries of State, or in the absence of notice to Her Majesty's Minister in China of any such approval by Her Majesty's Minister in China, may temporarily be and act as Acting Judge, with all the powers and authority of the Juge.

12. There shall be attached to the Supreme Court-

(1.) An Assistant Judge.

(2) A Law Secretary.

(8.)

So many officers and clerks as one of Her Majesty Principal Secretaries of State from time to time think fit.

13. The Assistant Judge shall be appointed by Her Majesty, by

warrant under Her Royal sign manual.

14. The Assistant Judge shall hear and determine such matters and questions arising in suits and proceedings of a civil nature, originally instituted in the Supreme Court, as are from time to time referred to him by the Judge; but in every such case any

especially

party to the suit or proceeding shall be entitled as of course, to a re-hearing before the Judge.

15.

The Assistant Judge shall hear and determine in a summary way such criminal charges originally brought before the Supreme Court as may be lawfully so heard and determined, and as are from time to time referred to him by the Judge.

16. In case of the absence or illness of the Assistaut Judge, or during a vacancy in the office of Assistant Judge, or during, the tem- porary employment of the Assistant Judge in any other capacity, or on emergency, the Judge may, by writing under his hand and the of the Supreme Court, appoint the Law Secretary, or any fit

seal

person approved by one of Her Majesty's Principal Secretaries of State, or by Her Majesty's Minister in China, to act as Assistant

Judge.

Lanerary

Law relate kerstrar,

19. The Law Secretary shall hear and determine such matters at 1

and questions arising in suits and proceedings of a civil nature ori. ginally instituted in the Supreme Court asthe Judge from time to time for the despatch of urgent business thinks fit to refer especially t

him, but in every such case any party to the suit or proceeling shal!

be entitled, as of course, to a re-bearing before the Judge.

20. The Law Secretary shall discharge such duties in connexion Incraina, pros

with the conduct of criminal prosecutions as the Judge from time to

time

directs.

21. The Law Secretary shall hear and determine in summary la bearing eru not

way such criminal charges originally brought before the Supreme Court as may be lawfully so heard and determined, and as the Judge from time to time for the despatch of urgent business thinks fit to

refer

specially

him.

22. In case of the absence or illness of the Law Secretary, or du. At ng bans

ring a vacancy in the office of Law Secretary, or during the temporary employment of the Law Secretary in any other capacity, or on emer- gency, the Judge may, by writing under his hand and the seal of the Supreme Court, appoint any fit person approved by one of Her Ma jesty's Principal Secretaries of State, or by Her Majesty's Minister in China, to act as Law Secretary for the time therein mentioned : but every such appointment shall be revocable, at pleasure, by the Judge. by writing under his band and the seal of the Supreme Court.

********

or of off

Judge, Asistant duiz

The person so appointed shall. during the continuance of his pointment, have all the power and authority of the Law Secretary. 23. The Judge, Assistant Judge, and Law Secretary shall hold office during the pleasure of Her Majesty, but any warrant of ap. and pointment to the office of Judge, Assistant Judge, or Law Secretary shall not be vacated by reason only of a demise of the Crown.

In case at any time fler Majesty thinks fit by warrant under Her Royal sign manual to revoke the warrant appointing any person to be —or while there is a Judge.

Judge, Assistant Judge, or Law Secretary.— Assistant Judge, or Law Secretary in office, thinks fit by warrant under Her Royal sigu manual to appoint another person to be Judge, Assistant Judge, or Law Secretary (as the case may be),—then and in every such case, until the warrant of revocation or of new ap pointment is notified by Her Majesty's Minister in China to the person holding office, all powers and authorities vested in that person shall continue and be deemed to have continued in as full force.—and he shall continue and be deemed to have continued entitled to all the pri vileges and emoluments of the office as fully, and all things done by him shall be and be deemed to have been as valid in

such warrant of revocation or new appointment had not

secretary,

law,—as

24.

One

been

Her Majesty's Principal State may, Her Majesty's Ministers in China and Japan respectively, with the approval of the Judge of the Supreme Court in each instance first ol

made.

Secretaries of

and Criar offică a

temporarth attached,

817 aged

817 sed

817 de

617 aged

CLEMUS CODING DEC

£60 £100%.

Mak-up ‹ Ujury list.

with

the

ORDER IN COUNCIL.

tamed, may from time to time temporarily attach to the Supreme Court any persons holding appointments as Consuls or Vice-Consul Every person soattached shall dischargesuch duties inconnexion Court as the Judge from time to time, with the approval i one of Her Majesty's Principal Secretaries of State, directs, and -hall have the like power and authority as the Assistant Judge or Law Secretary has, according as in each case the nature of the duties brected to be discharged by the person so attached may require.

H. The Provincial Courts,

25. Each of Her Majesty's Consuls-General, Consuls, and Vise- Consuls (holding a commission as such from Her Majesty, resident in China or in Japan (with the exception of Her Majesty's Consuls at Shanghai, and with such other exceptions as one of Her Majesty's Principal Secretaries of State at any time thinks fit to make),—or any person acting temporarily, with the approval of one of Her Majesty's Principal Secretaries of State or of Her Majesty's Minister in China or in Japan, as and for a Consul-General, Cousul, or Vice-Consul, socom- missioned as aforesaid,―shall for and in his own Consular district, hold and forma Court styled Her Britannic Majesty's Court at Canton or as the case may be, hereafter in this Order called a Provincial

Court. Each Provincial Court shall have a seal hearing its style and such device as one of Her Majesty's Principal Secretaries of State from time to time directs.

IV. JURIES.

ASSESSORS.

26. Every male British subject resident in China or in Japan, - being of the age of 21 years or upwards,-being able to speak and read English, having or earning a gross income at the rate of not less than 250 dollarsa year, not having been attainted of treason or felony, or convicted of any crime that is infamous (unless he has obtained a free pardon),—and not being under outlawry.-shall be qualified to

serve on a jury.

27. All persons so qualified shall be liable so to serve, except

the following:-

Persons in Her Majesty's Diplomatic, Consular, or other Civil

service in actual employment. Officers, clerks, keepers of prisons, messengers and other persons attached to or in the service of any of Her Majesty's Courts: Officers and others on full pay in Her Majesty's Navy or Army, or in actual employment in the service of any Department

connected therewith;

Persons holding appointments in the Civil service, and Commis- sioned Officers in the Naval or Military service of the Emperor of China or of the Tycoon of Japan;

Clergymen and ministers in the actual discharge of professional

Juties;

Advocates

and attorneys in actual practice;

Physicians, surgeons, and apothecaries in actual practice;

And except persons disabled by mental or bodily infirmity.

28. On or before the 14th day of September, in the year 1865,

and on 14th day of January in every subsequent

before

the

year,

each Court shall make out a list of the persons so qualified and

liable,

resident

within its

district.

The list shall, on or before the 21st day of the same respective mouth, be affixed in some conspicuous place in the Court, and shall be there exhibited until the end of that month, with a notice annexed

H. B. M. SUBJECTS IN CHINA AND JAPAN,

that on a day specified, not being sooner than the 7th or latter than

he 14th day of the then next month, the Court will hold a special

itting for the revision of the list. The Court shall hold such special sitting accordingly, and at such itting, or at some adjournment thereof(of which public notice shall be iven), shall revise the list by striking out the name of any person ap- Fearing to be not qualified or not liable to serve, and by inserting the any person omitted and appearing to be so qualified and lia- ale, either on the application of the person omitted, or on such notice him fit. The list shall be finally revised and settled not later than the

Jame of

the

Court

think

21st day of October in the year 1865, and not later than the 21st day

of February in every subsequent year, and when settled shall be

fixed in some conspicuous place in the Court, and be there exhibited

luring

not

less

than

two months.

Such list, as settled, shall be brought into use in the year 1865, on the 1st day of November, and in evory subsequent year on the 1st lay of March, and in every case shall be used as the Jury List of the Court until the 1st day of March next after the time of its being

rought into use.

gitudunes of juroraj

29. Where, in pursuance of this Order, a jury is ordered, the summing and

Court shall summon so many of the persons comprised in the jury list, not fewer than fifteen, as seem requisite.

Any person failing to attend according to such summons shall Penaity.

be liable to such fine, not exceeding 50 dollars, as the Court thinks it to impose.

Any such fine shall not be levied until after the expiration of 14 lays. The proper officer of the Court shall forthwith give to the person fined notice in writing of the imposition of the fine, and require him within six days after receipt of the notice to file an affidavit xcusing his non-attendance (if he desires to do so). The Court shall

consider the affidavit, and may, if it seems proper, remit the fine.

30. A jury shall consist of five jurors.

Number of Bay -

31. In civil and in criminal cases the like challenges shall be Challenges.

allowed as in England, with this addition,--that in civil cuses cach

arty may challenge three jurors peremptorily.

32. A jury shall be required to give an unanimous verdiet.

Unanmuny.

Court,-Assekorg :

33. Where a Provincial Court proceeds, in pursuance of this Provincial Conanlar

Order, to hear and determine any case, civil or criminal, with As their number: sessors, the Court shall nominate and summon as Assessors not less qualifications; thau two and not more than four indifferent British subjects of good repute, resident in the district of the Court.

Where, however, by reason of local circumstances, the Court is able to obtain the presence of one fit person only as Assessor, the Court may sit with him alone as Assessor: and where for like reasons the Court is not able to obtain the presence of any fit person as Assessor, the Court may (notwithstanding anything in this Order) sit without an Assessor; but in every such case the Court shall re- cord in the minutes of proceedings its reasons for sitting with one Assessor only, or without an Assessor.

34. An Assessor shall not have voice or vote in the decision of and functions,

the Court in any case, civil or criminal; but an Assessor dissenting in a civil case from any decision of the Court, or in a criminal case from any decision of the Court, or the conviction or the amount of punishment awarded, may record in the minutes of proceedings his

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Courts * Record

Barristers, aftargovs and sule taga

Consul at Skateğim. to be Sher.tt

Execut on by Provim

Court of writs, Sr., Tron Supreme Court.

ORDER IN COUNCH,

dissent and the grouels thereof; and an Assessor be entitled to receive gratis a certified copy of the minutes. dissenting sha V.—Jurisdiction AND AUTHORITIEs of Her MajestY'S COURTS

35. All Her Majesty's jurisdiction, civil and criminal, exercis....... able in China, shall, for and within the district of the Consulate of Shanghai, be vested exclusively in the Supreme Court as its ordinary original jurisdictions.

36, "All Her Majesty'sjurisdiction, civil and criminal, exerciseable in China, beyond the district of the Consulate of Shanghai and not under this Order vested exclusively in the Supreme Court,—and ai Her Majesty's juris/liction, civil and criminal, exerciseable in Japai aud not under this Order vested exclusively in the Supreme Court,- -hall, to the extent and in the manner provided by this Order, 1- vested in the Provincial Courts, each for and within its own district 37. The Supreme Court shall have, in all matters civil and cri mimal, an extraordinary original jurisdiction throughout China au Japan, concurrent with the jurisdiction of the several Provincia Courts, such extraordinary jurisdiction to be exercised subject ani according to the provisions of this order.

38. The Judge of the Supreme Court may, from time to time, visit in a magisterial or judicial capacity any Provincial Court, and there inquire of, or hear and determine, any case, civil or crimima.. pending in that Court, or arising within its district,—or, from time to time, may appoint the Assistant Judge or the Law Secretary of the Supreme Court to visit in the like capacity and for the like pur- pose any Provincial Court.

39. A Provincial Court may, of its own motion, or on the appli cation of any person concerned, report to the Supreme Court the pendency of any case, civil or criminal, which appears to the Pr... vincial Court fit to be heard and determined by the Supreme Court. The Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and not withstanding anything in this Order) the same shall be so beard and determined accordingh. 40. Every Court shall, in the exercise of every part of its re-

spective jurisdiction, be a Court of Record.

41. The Judge of the Supreme Court may from time to time admit fit persons to practice in the Supreme Court as barristers, attorneys, and solicitors, or in any of those capacities.

The Judge of the Supreme Court may from time to time, sub ject to the approval of one of Her Majesty's Principal Secretaries of State, make Rules for regulating the admission of persons to practice as aforesaid in Provincial Courts.

42. Her Majesty's Consul at Shanghai shall have all the powers and authorities of the Sheriff of a county in England, with all the privileges and inmunities of the office, and as such Sheriff shall be charged with the execution of all decrees, orders, and sentences made and passed by the Supreme Court, on the requisition in that bebalt of the Supreme Court.

43. Each Provincial Court shall execute any writ, order, or war rant issuing from the Supreme Court and directed to the Provincia! Court:—and may take security from any person named therein for his appearance personally or by attorney, according to the writ, order, ol warrant;—or may cause such person to be taken in custody or othe:-

H. B. M. SUBJECTS IN CHINA AND JAPAN

rise, to the Supreme Court, or elsewhere in China or Japan, ac.

cording

the

writ,

order,

warrant.

41. Any of Her Majesty's Courts in China or in Japan may Evrutonood area, à,

execute any writ, order, or warrant issuing from the Supreme Court

of Hongkong, and accompanied by a request for such execution in writing under the seal of that Court;--and may take security from any person named in any such writ, order, or warrant for his ap pearance personally, or by attorney at Hongkong;-or may cause any such person to be taken in custody or otherwise, to Ilongkong, according or warrant.

from Hongkong

the

writ,

order,

45. Any of Her Majesty's Judicial or Consular Officers shall no be liable to action for the escape of any person taken under any writ, order, or warrant of the Supreme Court of Hongkong.

Profectami o

QBe4.

46. Her Majesty's several Courts in China and Japan shall be Courts is beaut

auxiliary to one another inall particulars relative to the administration

of justice,

civil or criminal.

to supretue Çəti~~

47. Each Provincial Court shall every six months furnish to rt in Prosens al

the Supreme Court for China and Japan a report respecting every case, civil and criminal, brought before it, in such form as the Judge

of the Supreme Court from time to time directs.

II.—In Ciril Matters.

RECONCILIATION AND ARBITRATION.

48. Every Court may promote reconciliation, and encourage sentement vidit,gation,

and facilitate the settlement in an amicable way of any suit or pro-

before

ceeding pending it. 49. A Court may, with the consent of the parties, refer to ar- bitration the final determination of any suit or proceeding pending before it, or of all matters in difference between the parties on such terms and with such directions as to appointment of an arbitrator and other things as may seem fit, and may, if it thinks fit, take from the parties, or any of them, security to abide by the result of the reference.

In any such case the award shall be final and conclusive. On the application of any party a decree of the Court may be entered in conformity with the award, and such decree shall not be open to any appeal or re-bearing whatever.

Reference to splutrition

by Court.

50. Every agreement for reference to arbitration, or submission Retrace to arletrabat

to arbitration, by consent may, on the application of any party be made

a rule of a Court having jurisdiction in the matter of the reference or submission, which Court shall thereupon have power and authority to enforce the agreement or submission and the award made there- ander, and to control and regulate the proceedings before and after the award in such manner and on such terms as may be just.

General Authorities of Courts.

made rule of Court

51. The Supreme and every other Court shall be a Court of Law and E4117

Law and of Equity.

Special Authorities of Court.

52. The Supreme and every other Court shall be a Court of Bank- Bankrupt,

ruptcy and as such shall, as far as circumstances admit, have. (as to a Provincial Court, for and within its own district), with respect to Bri. tish subjects and to their debtors and creditors being either British sub- jects or foreigners submitting to the jurisdiction of the Court, all such jurisdiction as for the time being belongs to the Court of Bankrupteș

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Testamentary papers to Ic deposited in Court.

Zesalty,

ORDER IN COUNCIL.

and the County Courts in England, or to any other judical authorit Laving for the time being jurisdiction in Bankruptcy in England. * 53. The Supreme and every other Court shall (as to a Provincia Court, for and within its own district) have and discharge all the powers, rights, and duties appertaining to the office of Coroner in England,--summoning when necessary a jury of not less than three persons comprised in the Jury List of the Court.

Any person failing to attend according to such summons shall e liable to the like fine, to be levied in the like manner, as in this Or der provided with reference to juries in civil and criminal proceeding 54. The Supreme Court shall be a Vice-Admiralty Court, and as such shall, for and within China and Japan, and for vessels and per sons coming to and within China or Japan, have all such jurisdiction as for the time being ordinarily belongs to Vice-Admiralty Court in Her Majesty's possessions abroad.

55. The Supreme Court shall, as far as circumstances adinit, bave n itself exclusively, for and within China and Japan, with respect to British subjects, all such jurisdiction relative to the custody and ma agement of the persons and estates of persons of unsound mind, as for he time being belongs to the Lord Chancellor or other person or per- ons in Englandintrusted by virtue of Her Majesty's sign manual with the care and commitment of the custody of the persons and estates f persons found by inquisition in England, idiot, lunatic or of

ausound mind.

56. The Supreme Court shall be a Court for Matrimonial Causes, and as such shall, as far as circumstances admit, have in itself exclu sively, for and within China and Japan, with respect to British sul ject, all such jurisdiction, except the jurisdiction relative to dis solution or nullity or jactitation of marriage, as for the time being belongs to the Court for Divorce and Matrimonial Causes in Eugland.

57. The Supreme Court shall be a Court of Probate, and as such shall, as far as circumstances admit, have for and within China aui Japan, with respect to the property of British subjects having at the rime of death their fixed places of abode in China or Japan, all such jurisdiction as for the time being belongs to Her Majesty's Cour of Probate in England.

A Provincial Court shall, however, also have power to grauf pro- Date or administration, where there is no conteution respecting the "ight to the grant, and it is proved on oath that the deceased had at the time of his death his fixed place of abode within the jurisdiction of the Provincial Court.

Probate or administration granted by a Provincial Court shali have effect over all the property of the deceased within China and Japan, and shall effectually discharge persons dealing with an executor or administrator thereunder, and that, notwithstanding any defect afterwards appears in the grant.

Such a grant shall not be impeachable by reason only that the deceased had not at the time of his death his fixed place of abode within the particular jurisdiction.

58. Any person having in his possession or under his contro! any paper or writing of a deceased British subject, being or purporting to be testamentary, shall forthwith bring the original to the Court within the district whereof such person is at the time of his first

nowledge of the death of the deceased, and deposit it there.

Any person neglecting to do so for fourteen days after having knowledge of the death of the deceased, shall be liable to such penalty; not exceeding 250 dollars, as the Court thinks fit to impose.

H. B. M. SUBJECTS IN CHINA AND JAPAN.

without probate,

59. From the death of a British subject, having at the time of Property of textul leath his fixed place of abode in China or Japan, intestate, until until adamstration Jministration is granted, his personal property within China and Tapan shall be vested in the Judge of the Supreme Court, as the ersonal property of an intestate in England is vested in the Judge f Her Majesty's Court of Probate there. 66. If any person, other than one of Her Majesty's Consular Offi- Penalty on adusmotering

ers, takes possession of and in any manner administers any part of the personal property of any person deceased, without obtaining pro- ate or administration within three months after the death of the teceased,—or within one month after the termination of any suit or dispute respecting probate or administration (if there is any such which is not ended within two months after the death of the deceased), he shall be liable to such penalty not exceeding 500 dollars as the Court having jurisdiction in the matter of the property of the deceased thinks fit to impose; and in every such case the same fees shall be payable by the person so administering as would have been payable by him if he had obtained probate or administration.

61. Where a British subject, not having at the time of death his Taking possession of ixed place of abode in China or Japan, dies there, the Court within property of deceased, whose district he dies shall, where the circumstances ofthe case appear

to the Court so to require, forthwith on the death of the deceased, or

as soon after as may be, take possession of his personal property within the particular jurisdiction, or put it under the seal of the Court (in either case, if the nature of the property or other circumstance so require, making an inventory), and so keep the property until it can be dealt with according to law.

Trial with a Jury.

62. Where a suit originally instituted in the Supreme Court Cases for tral with jury,

relates to money, goods, or other property, or any matter at issue of the amount or value of 1,500 dollars or upwards,- —or is brought for recovery of damages of the amount of 1,500 dollars or upwards,-the suitshall, on the demand of either party, be, under order of the Court, tried with a Jury.

In any case (except where according to the Rules of the Court, the suit is to be heard and determined in summary way) a suit so nstituted may be tried with a jury, if the Court, of its own motion or on the application of either party, thinks fit so to order.

One of Her Majesty's Principal Secretaries of State mnay, by order under his hand, extend the present provision to any Provincial Court, where it appears to him there is a sufficient Jury list.

Trial with Assessors.

Court,eases for

63. Where a suit instituted in a Provincial Court relates to Provine al Consular

money, goods, or other property of a less amount or value than 1,500 Assessors. dollars, or does not relate to or involve, directly or indirectly, a question respecting any matter at issue of the amount or value of 1,500 dollars or upwards,—or is brought for recovery of damages of a less amount than 1,500 dollars, the Court may hear and determine

the case without Assessors.

In all other cases the Court (subject to the provisions of this Order respecting inability to obtain an Assessor) shall hear and determine the case with Assessors.

III.-In Criminal Matters,

Special

over Bypad velosets

64. Every Court may cause to be apprehended and brought two

before it any British subject being within the district of the Court and charged with having committed a crime or offence in China or in

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Supreme Court,—Jury.

ORDEF IN COUNCIL

Japan, and may deal with the accused according to the jurisdicti of the Court and in conformity with the provisions of this Order;-- or where the crine or offene is triable, and is to be tried, in Il... Majesty's dominions, may take the preliminary examination, an commit the acensed for trial, and cause or allow him to be taken t the place of intended trial. 65. Where a person charged with having committed a crin... . offence in the district of one (ourt escapes or removes from that dis trict, and is found within the district of another Court, the Court within the district of which he is found may proceed in the case t examination, indictment. trial, and punishment, or in a summary wa (as the case may require) in the same manner as if the crie offence had been cominitted in its owu district:—or may, on the r. quisition or with the consent of the Court of the district in which the crime or offenceischargedto have been committed send him in custodi to that Court, or require him to give security for his surrender to tha Court, there to answer the charge, and be dealt with according to law.

り!

Where any persons is to be so sent in custody, a warrant shall be issued by the Court within the district of which lie is found, and suc warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and carry him to and deliver him up to the Court of the district within which the crime or offence was committed according to the warrant.

66. Where a warrant or order of arrest is issued by a com petent authority in Her Majesty's dominions for the apprehension of a British subject, who is charged with having committed a crime o! offence within the jurisdiction of the authority issuing the warran or order, and who is, or is supposed to be, in China or Japan, and the warrant or order is produced to any Court, the Court may back. the warrant or order; and the same when so backed, shall be sufficien: authority to any person to whom the warrant or order was originall directed and also to any constable or other officer of the Court by which it is backed, to apprehend the accused at any place where the Court by which the warrant or order is backed has jurisdiction, ani to carry him to and deliver him up in Her Majesty's dominious according to the warrant to order.

67. Where any person is charged with the commission of a crime or offence, the cognizance whereof appertains to any of He Majesty's Courts in China or Japan, and it is expedient that the crime or offence be enquired of tried, determined, and punishes within Her Majesty's dominions, the accused may (under The Foreig Jurisdiction Act, section 4,) be sent for trial to Hongkong.

The Judge of the Supreme Court may, where it appears expedient by warrant under his hand and the seal of the Supreme Court. cause the accused to be taken for trial to Hongkong accordingly Where any person is to be so taken to Hongkong, the Cour before which he is charged shall take the preliminary examinatio... and shall send the depositions to Hongkong, and (if it seems ne cessary or proper) may bind over such of the proper witnesses a are British subjects in their own recognizances to appear and gist evidence on the trial.

£8. All crimes which in England are Capital shall be tried by

the Judge of the Supreme Court with a jury.

Other crimes and offences above the degree of misdemeano tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court, and not heard and determined in a summary way shall be tried with a Jury.

H. B. M. SUBJECTS IN CHINA AND JAPAN,

Any crime of

before

the

aw Secretary

of the

Supreme

Court,

may

Judge,

Law

foregoing

provision,

offence tried

he Judge, Assistant Secretary so directs.

Subject to the such classes of criminal cases Summars jurisdiction.

ried before the Judge, Assistaut Judge, or Law Secretary of Supreme

Judge,

Assistant

Judge, or

be tried with a jury, where

tourt, as the Judge, having regard to the law and practice existing England, from time to time directs, shall be heard and determined

in a summary way.

69. Where any person is sentenced to suffer the punishment of Sentence of death.

leath, the Judge of the Supreme Court shall forthwith send a report

of the sentence, with a copy of the minutes of proceedings and notice

of evidence in the case, and with any observations the Judge thinks

it. to Her Majesty's Minister in China or in Japan, according as the

committed in Japan,

The sentence shall not

crime

Chira

lirection

be carried into execution without the

may

be)

writing

under bis hand.

of Her Majesty's Minister in China or in Japan (as the case

In any such case, if Her Majesty's Ministerin China or in Japan (as the case may be) does not direct that the sentence of death be arried into execution, he shall direct what punishment in lieu of the unishment of death is to be inflicted on the person convicted, and

he person convicted shall be liable to be so punished accordingly.

70. Where the crime or offence with which any person is charged Proximal Comentar efore a Provincial Court is any crime or offence other than assault Court, ---Procedure

endangering life, cutting, maining, arson, or house-breaking, and appears to the Court to be such that, if proved, it would be adequately punished by imprisonment, with or without hard labour, for à term hot exceeding three months, or by a fine not execeding 200 dollars, The Court shall hear and determine the case in a summary way, and rithout Assessors.

In other cases the Court shall hear and determine the case on dictment and with Assessors (subject to the provisions of this

Order respecting inability to obtain an Assessor.)

went.

71. A Provincial Court may impose the punishment of imprison- and extent «e Punish-

ment for any term not exceeding twelve montlis, with or without hard abour, and with or without a fine not exceeding 1,000 dollars, or the punishment of a fine not exceeding 1,000 dollars, without imprisonment.

Provincial for Supreme

72. Where the crime or offence with which any person is charged Reservation of easy

efore a Provincial Court appears to the Court to be such that, if Court.

proved, it would not be adequately punished by such punishment as the Court has power to impose, and the accused is not to be sent for trial to Her Majesty's dominious, the Court shall reserve the case to be heard and determined by or under the special authority of the Supreme Court.

The Provincial Court shall take the depositions, and forthwith end them, with a minute of other evidence, if any, and a report on the case, to the Supreme Court.

The Supreme Court shall direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the same shall be so heard and determined accordingly.

to be reg.rded.

78. Every Court and authority in imposing and inflicting punish- Punishment in England

ents, and Her Majesty's Ministers in China and Japan in directing what punishments is to be inflicted in lieu of the punishment of death, shall have regard as far as circumstances admit, and subject to the other provisions of this Order, to the punishments imposed by the law of England in like cases, and to the mode in which the same are inflicted in England,

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Payment of expenses by offender

oi by mentiset

Recovery of expanses

Mitigation or veinisst n of punishment.

Place of imprisonment in Chins or Japan.

Imprisonment in British deminion.

In criminal cases, reports to Secretary of State,

ORDER IN COUNCIL..

74. Any Court (but, in the case of a Provincial Court, subject: th approval of the Supreme Court,) may order any person convict. before it of any crime or offence to pay all or any part of the e penses of, or preliminary to, his trial, and of his imprisonment other punishment.

75. Where it appears to any Court that any charge made befor it is malicious, or is frivolous and vexatious, the Court may order a or any part of the expenses of the prosecution to be paid by the person making the charge.

76. In either of the two last-mentioned cases, the amount ordere

to be paid shall be deemed a debt due to the Crown, and may, virtue of the order, without further proceedings, be levied on the pre- perty of the person convicted or making the charge, as the same may

77. Where any punishment has been awarded by the Suprem- or any other Court, then, if the circumstances of the case make it just or expedient, the Judge of the Supreme Court may at any time, and from time to time, report to one of Her Majesty's Principal Secr taries of State, or to Her Majesty's Minister in China and Japa (according as the crime or offence was committed in China or Japani recommending a mitigation or remission of the punishment; and on such recommendation any such punishment may be mitigated or remitted by direction of the authority to whom the report is made

But no such recommendation shall be made with respect to any punishment awarded by a Provincial Court, except on the recon mendation of that Court, or on the dissent of an Assessor (if any) from the conviction, or from the amount of punishment awarded.

78. The Judge of the Supreme Court may, where it seems es pedient, by warrant under his hand and the seal of the Supreme Court, cause any offender convicted before any Court and sentenced to imprisonment, to be taken to and imprisoned at any place in China, or in Japan, from time to time approved by one of Her Majesty's Principal Secretaries of State, as a place of imprisonment for offenders

A warrant of the Supreme Court shall be sufficient authority to the Governor or keeper of such place of imprisonment, or other person to whom it is directed, to receive and detain there the person therein named, according to the warrant.

79. Where any offender convicted before a Court in China or in Japan is sentenced to suffer imprisonment in respect of the crime or offence of which he is convicted, and it is expedient that the sentence be carried into effect within Her Majesty's dominions, the offender may (under The Foreign Jurisdiction Act, section 5,) be sent for imprisonment to Hongkong.

The Judge of the Supreme Court may where it seems expedient, by warrant under his hand and the seal of the Supreme Court, cause the offender to be taken to Hongkong, in order that the sentence passed on him may be there carried into effect according

80. The Judge of the Srpreme Court shall, when required by one of Her Majesty's Principal Secretaries of State, send to the Secretary of State a report of the sentence passed by the Judge, Assistant Judge, or Law Secretary of the Court in every case not heard and determined in a summary way, with a copy of the minutes of proceedings and notes of evidence, and the Judge may send with such report any observations he thinks fit.

Every Provincial Court shall forthwith send to the Judge of the Supreme Court a report of the sentence passed by it in every case not heard and determined in a summary way, with a copy of the minutes of proceedings and notes of evidence, and with any observations the

H. B. M. SUBJECTS IN CHINA AND JAPAN

Court thinks fit.

The Judge of

the

Supreme Court shall,

when

required by one of Her Majesty's Principal Secretaries of State.

transmit the same to the Secretary

any observations he thinks fit.

of State, and may send therewith

VI-WAR, INSURRECTION, OR REBELLION.

81. If any British subject commits any of the following offences, Punshent to

say,

that is to (1.) In China, while Her Majesty is at peace with the Emperor of China, levies war or takes part in any operation of war against the Emperor of China, or aids or abets any person in carrying on war, insurrection, or rebellion against the Emperor of China. (2.) In Japan, while Her Majesty is at peace with the Tycoon of Japan, levies war or takes part in any operation of war against the Tycoon of Japan, or aids or abets any person in carrying on war, insurrection, or rebellion, against the Tycoon of Japan, every person so offending shall be deemed guilty of a mis- demeanor, and on conviction thereof shall be liable (in the discretion of the Court before which he is convicted) to be punished by imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding 5,000 dollars, or by a fine not exceeding 5,000 dollars, without imprisonment,

In addition to such punishment, every such conviction shall of

itself, and without further proceedings, make the person convicted liable to deportation; and the Court before which he is convicted may order that he be deported from China or Japan to such place as the Court directs.

WA, 3

with Forres of Emperör

82. If any British subject, without the licence of Her Majesty Punishment for serzog (proof whereof shall lie on the party accused), takes part in any of Chins without liven:5, operation of war in the service of the Emperor of China against any persons engaged in carrying on war, insurrection, or rebellion against the Emperor of China, he shall be deemed guilty of a misdemeanor. and on conviction thereof shall be liable (in the discretion of the Court before which he is convicted) to be punished by imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding 5,000 dollars, or by a fine not exceeding 5,000 dollars without imprisonment.

Court.

83. If the Court before which any person charged with having Report by Pronancia

committed such a misdemeanor as in the two last preceeding Articles mentioned is brought is a Provincial Court, the Court shall report to the Judge of the Supreme Court the pendence of the case.

The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (not- withstanding anything in this Order) the case shall be so heard and determined accordingly.

84.

fails Penalties for violation of

VII. TREATIES AND REGULATIONS. If any British subject in China or in Japan violates or to observe any stipulation of any Treaty between Her Majesty, her heirs or successor, and the Emperor of China, or the Tycoon of Japan, for the time being in force, in respect of the violation whereof any penalty is stipulated for in the Treaty, he shall be deemed guilty of an offence against the Treaty, and on conviction thereof under this Order shall be liable to a penalty not exceeding the penalty stipulated

for in the Treaty.

Treaties.

85. Her Majesty's Minister in China may from time to time make Regustu for Cha

such Regulations as seem fit for the peace, order, and good Govern-

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When genities sufi rees

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Froote: Regulation.

Fegulations for Japan,

Trial of effences,

ORDER IN COUNCH,

ment of British subjects resident in or resorting to China, and for the observance of the stipulations of Treaties between Her Majesty, her heirs or successors, and the Emperor of China, and for the main tenance of friendly relations between British subjects and Chinese subjects and authorities, and may make any such regulations apply either throughout China or to some one or more of the Consular districts in China, and may by any such Regulations repeal or alter any Regulations made for any such purpose as aforesaid before the

commencement of this Order.

Any such Regulations shall not have effect unless and until they are approved by Her Majesty, such approval being signified through one of Her Majesty's Principal Secretaries of State,-save that in case of urgency, declared in any such Regulation, the same shall have effect unless and until they are disapproved by Her Majesty, such disapproval being signified through one of Her Majesty's Principa! Secretaries of State, and notification of such disapproval is received and published by Her Majesty's Minister in China.

86. Such Regulations may impose penalties for offences against *he same, as follows, namely,-for each offence imprisonment for any term not excceding three months, with or without hard labour, and with or without a fine not exceeding 500 dollars, or a fine not exceed ing 500 dollars, without imprisonment, and with or without further fines for continuing offences not exceeding in any case 25 dollars for ach day during which the offence continues after the original fine is incurred, but so that all such Regulations be so framed as to allow in every case of part only of the maximum penalty being inflicted. 87. All such Regulations shall be printed, and a printed copy thereof shall be affixed and at all times kept exhibited conspicuously in the public office of each Consular Officer in China, to whose district

copies of

the

he Regulations apply.

Printed Regulations applicable to each district shall be provided and sold therein at such reasonable prices as Her Majesty's Minister in China from time to time directs.

88. No penalty shall be enforeed in any Consular district for auy offence against any such Regulation until the Regulation has been so affixed and kept exhibited in the public office of the Consular Officer for that district during one month.

89. For the purpose of convicting any person committing an offence against any such Regulation and for all other purposes, a printed copy of the Regulation, purporting to be certified under the hand of Her Majesty's Minister in China, or under the haud and Consular seal of one of Her Majesty's Consular Officers in China, shal! be conclusive evidence of the Regulation; and no proof of the hand- writing or seal purporting to certify the same shall be required.

90. The foregoing provisions relative to the making, printing, publication, enforcement, and proof of Regulations in and for Chiva shall extend and apply, mutatis mutandis, to the making, printing, publication, enforcement, and proof of Regulations in and for Japan, with the substitution only of Japan for China, and of the Tycoon Japan for the Emperor of China, and of Her Majesty's Minister it Japan for Her Majesty's Minister in China, and of Her Majesty's Consular Officers in Japan for Her Majesty's Consular Officers in

China.

91. Any charge under this order of an offence against any Treat or against any such Regulation as aforesaid, shall be enquired of, geard, and determined in like manuer in all respects as any ordinary

H. B. M. SUBJECTS IN CHINA AND JAPAN,

minal charge may be inquired of, heard, and determined under this Order, subject only to this qualification, that (notwithstanding anything in this Order) every charge of an offence against any Treaty or against any Regulation for the observance of the stipulations of any Treaty shall be heard and determined in a summary way, and (where

proceeding is before a Provincial Court) without Assessors. VIII.—Unlawful Trade with Japan.

the

92. All trade of British subjects in, to, or from any part of Trade except 10 oper

Japan, except such ports and towns as are for the time being opened ports unlawful,

to British subjects by Treaty between Her Majesty, her heirs or successors, and the Tycoon of Japan, is hereby declared unlawful.

If any person engages in such trade as a principal, agent, ship- owner, ship-master, or supercargo, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be liable to be punished (in the discretion of the Court before which he is convicted) by im- risonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding 10,000 dollars without

imprisonment.

93. If the Court before which any person charged with having Report e, Provinciai

committed such a misdemeanor is brought is a Provincial Court,

the Court shall report to the Judge of the Supreme Court the pen-

dency

the

case.

The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accordingly.

Court.

94. The officer commanding any of Her Majesty's vessels of Brizure of ventet, &-

war, or any of Her Majesty's Naval Officers authorized in this behalf

by the Officer having the command of Her Majesty's Naval Forces in Japan, by writing under his hand, may seize any British vessel engaged or reasonably suspected of being or having been engaged in any trade by this Order declared unlawful, and may either detain the vessel, with the master, officers, supercargo, crew, and other persons engaged in navigating the vessel, or any of them, or take or cause to be taken the vessel, and the master, officers, supercargo, crew, and other persons aforesaid, or any of them to any port or place in Japan or elsewhere, convenient for the prosecution of a charge for the misdemeanor alleged to have been committed.

Any such vessel, master, officers, supercargo, crew, and persons may lawfully be detained at the place of seizure, or at the port or place to which the vessel is so taken under the authority of any such Officer, or of any of Her Majesty's Consular Officers in China or Japan, until the conclusion of any proceedings taken in respect of

Euch misdemeanor.

IX.--JAPANESE WATERS.

95. When and as often as it appears to Her Majesty's Minister Regulations as to enter.

in Japan that the unrestricted entrance of British vessels into, or waters, &i the unrestricted passage of British vessels through, any strait or other water in Japan may lead to acts of disturbance or violence, or may otherwise endanger the maintenance of peaceful relations and intercourse between Her Majesty's subjects and the subjects of the Tycoon of Japan, Her Majesty's Minister may make any regulation for prohibiting or for restricting, in such manner as seems expedient, the entrance or passage of any British vessel (other than a vesse

Faded

based

Graded

Penalties and

proceedings

Seizure of vessel

Jurisdiction as 10. piracy

Report by Provincial Court

#astitutions.

ORDER IN COUNCIL.

of war of Her Majesty) into or through any such strait or oth-

water as aforesaid, as defined in the Regulation.

any such Regulation. Her Majesty's Minister may from time to time revoke or alter

96. The foregoing provisions of this Order relative to ti-

making, printing, publication, enforcement, and proof of Regulatio to be made by Her Majesty's Minister in Japan, and to the mode proceeding in respect of any charge for an offence against any suck Regulations, shall extend and apply, mutatis mutandis, to any P. gulation made by Her Majesty's Minister in Japan, as last aforesai

97. If any person navigating a British vessel wilfully violates or wilfully attempts to violate, any such Regulation, the officer com manding any vessel of war of Her Majesty, or in charge of any boat belonging to such vessel of war, may use force for the purpose of compelling him to desist from the violation or attempted violatio: of the Regulation, and if it appears necessary or expedient may seize the vessel, and such Commanding Officer may either detain her at the place of seizure, or take her, or cause her to be taken to any port or place in Japan or elsewhere, where the offender may be more conveniently prosecuted for such offence.

Any such vessel may lawfully be detained at the place of seizure, or at the port or place to which she is so taken, under the authority of any such Commanding Officer, or of any of Her Majesty's Consular Officers in Japan, until the conclusion of any proceedings taken in respect of the offence.

X-Piracy.

98. Any British subject being in China or in Japan may be proceeded against, tried, and punished under this Order for the crime of piracy wherever committed.

99. If the Court before which a British subject charged with the crime of piracy is brought is a Provincial Court, the Court shall report to the Judge of the Supreme Court the pendency of the case

The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, aud (notwithstanding anything in this Order) the case shall be so heard and determined accordingly.

XI.-Offences against Religion.

wilfully

Punishment in suminary way for public insults 100. If any British subject is guilty of publicly deriding, mock- to religion or religious ing, or insulting any religion established or observed in China or ia Japan-or of publicly offering any insult to any religious service, feast, or ceremony established or kept in any part of China or in Japan, or to any place for worship, tomb, or sanctuary belonging toany such religion, or to the ministers or professors thereof,- -or of committing any act tending to bring any such religion or its ceremo- nies, mode of worship, or observances into hatred, ridicule, or con tempt, and thereby to provoke a breach of the public peace, he shall be liable (in the discretion of the Court before which he is convicted) to imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceed ing 500 dollars, or to a fine not exceeding 500 dollars without im- prisonment.

Notwithstanding anything in this Order, every charge against a British subject of having committed any such offence shall be heard and determined in a summary way, and any Provincial Court shall have power to impose the punishment aforesaid. Her Majesty's Consular Officers shall take such precautionary

H. B. M. SUBJECTS IN CHINA AND JAPAN.

measures as seem to them proper and expedient for the prevention of

such offences.

XII.-Authority within 100 Miles of the Coast of China.

101. Where a British subject, being after the commencement of Jura ton of urte in

this Order in China or in Japan, is charged with having committed, Chi Sapao, either before or after the commencement of this Order, any crime or offence within a British vessel at a distance of not more than 100 miles from the coast of China,-or within a Chinese or Japanes vessel at such a distance as aforesaid, or within a vessel not lawfully entitled to claim the protection of the flag of any State, at such a distance as aforesaid,-any of Her Majesty's Courts in China or ia Japan within the Jurisdiction whereof be is found may cause him to be apprehended and brought before it, and may take the preliminary examination and commit for trial. 102. If the Court before which the accused is brought is a part by Provinsial

Provincial Court, the Court shall report to the Judge of the Supreme

him

Court

the

pendency of the case.

C'ourt.

provisons

103. The provisions of this Order relative to crimes and offences, Appliation » other

and proceedings in criminal matters, shall in all respects, as far as may be, extend and apply to every such case, in like manner as if the crime or offence had been committed in China or Japan.

104. Where a British subject, being after the commencement Junobeton al

of this Order in Hongkong, is charged with having committed, either Hongkong before or after the commencement of this Order, any crime or offence within any British, Chinese, Japanese, or other such vessels at such

a distance as aforesaid, the Supreme Court at Hongkong shall have and may exercise authority and jurisdiction with respect to the crime or offence as fully as if it had been committed in Hongkong.

D:cartera,

105. Her Majesty's Minister in China or in Japan, the Judge Mary and Nagal

or Assistant Judge of the Supreme Court, and any of Her Majesty's Consular Officers in China or in Japan, or the Governor or person administering the Government of Hongkong, on receiving satisfactory information that any soldier, sailor, marine, or other person belonging to any of Her Majesty's Military or Naval forces, has deserted there- from, and has concealed himself in any British, Chinese, Japanese, or other such vessel at such a distance as aforesaid, may, in pursuance of such information, issue his warrant for a search after and appre- hension of such deserter, and on being satisfied on investigation that any person so apprehended in such a deserter, shall cause him to be with all convenient speed taken and delivered over to the nearest military station of Her Majesty's forces, or to the officer in command of a vessel of war of Her Majesty serving in China or in Japan, as the case may require.

XIII.-Deportation.

106. (i.) Where it is shown on oath, to the satisfaction of any Deportation in what

of Her Majesty's Courts in China or in Japan that there is reasonable cases. ground to apprehend that any British subject in China or in Japan is about to commit a breach of the public peace, or that the acts or conduct of any British subject in China or in Japan are or is likely to produce or excite to a breach of the public peace, the Court within the jurisdiction whereof he happens to be may cause him to be brought before it, and require him to give security to the satisfac-

ased977 ased

977 ased

ШЕ

977 əsrd

Place of deportateu

Report by Provincial

Court.

Ime of deportal.on.

Order for expenser

Report of deportation.

Deportation to and from

Hongkong.

Punishment for returning.

ORDER IN COUNCIL.

tion of the Court, to keep the peace, or for his future good behaviour. is the case may require,

(ii.) Where any British subject is convicted, under this Order, of any crime or offence, the Court within the jurisdiction whereof he happens to be may require him to give security to the satisfaction of the Court for his future good behaviour.

such

place at

the

In either of these cases, if the person required to give security

fails to do so, the Court may order that he be deported from Chil or Japan

Court directs.

107. In any case where an order of deportation is made under this Order, the Court shall not, without the consent of the person to be deported. direct the deportation of any person to any place other than Hongkong or England.

108. A Provincial Court shall forthwith report to the Judge of the Supreme Court any order of deportation made by it, and the grounds thereof.

The Judge of the Supreme Court may reverse the order, or may confirm it with or without variation, and in case of confirmation. shall direct it to be carried into effect.

109. The person to be deported shall be detained in custody

until a fit time and opportunity for his deportation arrive.

The Judge of the Supreme Court shall thea (and in the case of a person convicted, either after execution of the sentence or while it is in course of execution), by warrant cause him to be taken to the place of deportation.

110. The Judge of the Supreme Court may order that the person to be deported do pay all or any part of the expenses of, or preliminary to, his deportation.

111. The Judge of the Supreme Court shall forthwith report to one of Her Majesty's Principal Secretaries of State any order of deportation made or coutirmed by him, and the grounds thereof, and shall also inform Her Majesty's Ministers in China and Japan of the

same.

112. Where any person is deported to Hongkong, he shall on his arrival there be delivered, with the warrant under which he is deported, into the custody of the Chief Magistrate of Police of Hongkong, or other officer of Her Majesty there lawfully acting as such, who, on receipt of the person deported, with the warrant, shall detain him and shall forthwith report the case to the Governor or person administering the Government of Hongkong, who shall either by warrant (if the circumstances of the case appear to him to make it expedient) cause

person so deported be taken to England, and

in custody, (so that the period of

not exceed three months,) or else shall discharge

the

in the meantime

to be detained such detention de him from custody. 113. any person deported returns to China or Japan without the permission of one of Her Majesty's Principal Secretaries of State, in writing under his hand (which permission the Secretary of State may give), he shall be guilty of an offence against this Order, and shall be liable on conviction thereof to punishment (in the discretion of the Court before which he is convicted) by imprisonment for any term not exceeding one month, with or without hard labour, and with or without a fine not exceeding 200 dollars, or by a fine not exceeding 200 dollars, without imprisonment, and also to be forthwith again deported in manner hereinbefore provided.

H. B. M. SUBJECTS IN CHINA AND JAPAN.

XIV.—Registration of British Subjerts.

114. Every British subject resident in China or Japan,--being And registration or

of the age of 21 years or upwards, or being married, or a widower

or widow,

though

under that

the

year

1866,

and

every

herself

a register

red, t

age,--shall, in the month of January subsequent year, register himself or kept at the Consulate of the Consular district within which he or she resides, subject to this qualification, that the registration of a man shall be deemed to include the registration of his wife (unless she is living apart from him), and that the registration of the head of a family, whether male or female. shall be deemed to include the registration of all females, being relatives of the head of the family (in whatever degree of relation ship), living under the same roof with the head of the family at the time of his or her registration. Every British subject not so resident arriving at any place in Registration er

China or Japan where a Consular Officer is maintained, unless borne

on the muster roll of a British vessel there arriving, shall within

one month after his or her arrival, register himself or herself in a register to be kept at the Consular Office,-but so that no such person shall be required to register himself or once in any year, reckoned from the 1st day of January.

non-resident «

herself more than Any person failing so to register himself or herself, and not Penalty

excusing his or her failure to the satisfaction of the Consular Officer. shall not be entitled to be recognized or protected as a British sub- ject in China or Japan, and shall be liable to a fine not exceeding ten dollars for each instance of such failure.

115. Every person shall on every registration of himself or Fer.

herself pay a fee of such amount as one of Her Majesty's Principal Secretaries of State from time to time by order under his hand ap- points, such amount either to be uniform for all persons, or to vary according to the circumstances of different classes, as the Secretary of State from time to time by such order directs.

116. The Consular Officer shall issue to every person so re- Cortificata.

gistered a certificate of registration under his hand and Consular seal; and the name of a wife (unless she is living apart from her husband) shall be indorsed on her husband's certificate; and the names and decriptions of females whose registration is included in that of the head of the family shall be indorsed on the certificate of the head of the family.

XV.-Foreigners. Foreign Tribunals.

against Britiali

117. Where a foreigner desires to institute or take any suit or suits by foreigners

proceeding of a civil nature against a British subject, the Supreme bets. or other Court, according to its jurisdiction, may entertain the same, and where any such suit or proceeding is entertained shall hear and determine it according to the provisions of this Order, and of the Rules made under it applicable in the case,-either by the Judge, As- sistant Judge, Law Secretary, or proper Consular Officer sitting alone (or with Assessors when the case so requires).—or, if (in any case where a trial with a jury may be had under this Order) all par- ties desire, or the Court thinks fit to direct, a trial with a jury, then, but not otherwise, by the Judge,

or proper Consular officer, with a jury.

Assistant

Judge, Law Secretary,

118.

Where it is shown to any of Her Majesty's Courts that Compulsory the attendance of a British subject to give evidence, or for any other before foreign tribunais, purpose connected with the administration of justice, is required in a Chinese or Japanese Court, or before a Chinese or Japanese judi-

attendance

of British subjects

977 ased

977 asrd

Lased

477 add

zrave te apponite le

cita ned.

Cu conviction on

ndictment. question

of law may be reserved,

On summary conviction to be.

appeal on point of aw

Postponement of

judgment or execution.

Authority of Supreme Court:

ORDER IN COUNCIL.

H. B. M. SUBJECTS IN CHINA AND JAPAN.

minutes of proceedings to the effect that in the

algment of the Supreme

ought not to or order judgment ‘o be given at a subsequent sitting of the Court or Officers stating

justice

bade in the

Court the

ave

been

convicted,—or

arrest

the case, or make such

person the judgment

other order as

convicted

ise

requires—and shafi

give all necessary and proper consequential directions. 124. The judgment of the Supreme Court shall be delivered in Proceedings to be

Court after the public hearing of any argument offered on

half of the prosecution or of the person convicted.

rial officer, or in a Court or before a judicial officer in China or Japan of any State in amity with Her Majesty, the Court may, in cases and under circumstances which would require the attendance of that British subject before one of Her Majesty's Courts in China or and if it seems to the Court just and expedient so to do, make an Japan,

order for the attendance of the British subject in such Court or be fore such judicial officer and for such purpose as aforesaid,-but that a Provincial Court shall not have power to make an order for such attendance of a British subject at any place beyond the Jar- leular jurisdiction of the Court. Any British subject, duly served with such an order, and with reasonable notice of the time and place at which his attendance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court making the order, shall be liable to a fine not exceeding 500 dollars, or to imprisonment for any term not exceeding one month, in the discretion of the Court.

XVI.—APPEAL TO SUPREME COURT.

I.--In Civil Cases.

119. Where any decision of a Provincial Court, sitting with or without Assessors, is given in a civil case in respect of a sum or matter at issue of the amount or value of 250 dollars or upwards, or determines, directly or indirectly, any claim or question respecting property of the amount or value of 250 dollars or upwards,-any party aggrieved by the decision may apply to the Provincial Court for leave to appeal to the Supreme Court, and shall be entitled to leave on the terms prescribed by the Rules made under this Order, and subject to any restrictions and exceptions therein contained. any other case the Provincial Court may, if it seems just and

expedient, give leave to appeal on like terms.

In any case the Supreme Court may give leave to appeal on

such terms as seem just.

II.-In Criminal Cases.

120. Where any person is convicted otherwise than in a summary way of a crime or offence, the Court or officer trying the case may, ifit

seems

fit,

reserve for the consideration of the

question of law arising on the trial.

arose,

The

Court or

Supreme Court any Officer shall then state a special case, setting out

the question reserved, with the facts and circumstances on which it

and shall send the case to the Supreme Court. 121. Where any person is convicted in a summary way of a crime or offence, and is dissatisfied with the conviction as being erroneous in point of law, the Court or Officer trying the case may, on his application in writing, and on compliance by him with any terms prescribed by the Rules made under this Order, state a special case, setting out the facts and the grounds of the conviction, for the opinion of the Supreme Court, and send it to that Court.

122. Where a special case is stated, the Court or Officer stating

it shall, as seems fit, either postpone judgment on the conviction, or respite execution of the judgment, and either commit the person convicted to prison, or take proper security for him to appear and receive judgment or to render himself in execution (as the case may require) at an appointed time and place.

123. The Supreme Court shall hear and determine the matter, and thereupon shall reserve, affirm, cramend, the judgment, conviction, or sentence in question,-or set aside the same, and order an entry to

public.

125. Before delivering judgment the Supreme Court may, if Amendment of spermi

Case.

ecessary, cause the special case to be amended by the Court or ficer stating it. 126. If on an application for a special caso, on a summary con- Refusal to state speciai

etion, it seems to the Court or Officer that the application is merely viction,

frivolous, but not otherwise, the Court or Officer may refuse to state

case.

A Court or Officer so refusing shall forthwith send to the Supreme Court a report of the sentence, with a copy of the minutes of proceeding «nd notes of evidence, and any observation the Court or Officer thinks fit, and with a copy of the application for a special case.

The Supreme Court shall examine the report and documents so sent, and, unless the Supreme Court is of opinion that the application was merely frivolous, shall on the application in that behalf of the appellant, if made within one month after the refusal of a special case, proceed to hear and determine the matter according to the foregoing provisions as nearly as may be as if a special case had been stated. XVII.-RULES OF PROCEDURE.

case on summary zon.

Judge of Supreme Court,

127. The Judge of the Supreme Court may, from time to time, Rules to be framed by

trame Rules for any purpose for which it is before in this Order expressed or implied that Rules of procedure or practice are to be made, and also for the regulation of procedure and pleading, forms of writs, and other proceedings, expenses of witnesses and prosecutions, costs and tees, in civil and in criminal cases, in the Supreme Court and other Courts, including the regulation of cross-suits and the admission of counter-claims, and the regulation or proceedings thereon, and for the regulation of appeals to the Supreme Court from the other Courts in civil and in criminal cases, and of rehearings before the Judge of the Supreme Court, and may thereby impose reasonable penalties.

Rules affecting the conduct of civil suits shall he so framed as to secure, as far as may be, that cases shall be decided on their merits according to substantial justice, without excessive regard to techni- calities of pleading or procedure, and without unnecessary delay.

Rules framed by the Judge shall not have effect unless and until they are approved by one of Her Majesty's Principal Secretaries of State,save that in case of urgency declared in any Rules framed by the Judge, with the approval of Her Majesty's Minister in China, the same shall have offect, unless and until they are disapproved by one of Her Majesty's Principal Secretaries of State, and notification such disapproval is received and published by the Judge.

copy of the Rules

kept exhibited

and Japan.

128.

for

the

conspicuously

Printed copies shall be

provided

time being

each Court

and

force Consulate

sold

Court

shall be Publication of Bules,

in China

such reasonable price as the Judge of the Supreme Court from time to time directs.

No penalty shall be enforced in any

for the breach of any

Rule until the Rule has been so exhibited in the Court for one month.

277 ased

477 add

477 ded

877 aged

877 sed

877 Bed

zvodener of Rules,

Revocation of resin,

Rules.

Appeal on question of

law from Supreme Court in evil cases involving 2,500

dollars or upwards

Execution or suspension.

Security on exeention

Security in Suspension.

Security on appesi.

Leave to appeal.

Leave in other cases,

OEDER IN COUNCIL

129. A printed copy of any Rule, purporting to be certified uni the hand of the Judge of the Supreme Court and the seal of the Court shall be for all purposes conclusive evidence of the du framing, approval, and publication of the contents thereof. 130. From and after the commencement of any Rules made by the Judge of the Supreme Court under this Order, all Rules and Regulations theretofore made by the Chief Superintendent of Trad in China, or by Her Majesty's Consul-General in Japan, in respert of any matter in respect whereof the Judge of the Supreme Court is by this Order authorised to make Rules shall cease to operate.

XVIII-APPEAL TO HER MAJESTY IN COUNCIL.

131. Where any final decree or order of the Supreme Court is made in a civil case in respect ofa sumor matter at issue of the amoun or value of 2.500 dollars or upwards,—or determines directly or indi rectly any claim or question respecting property of the amount or value of 2,500 dollars or upwards, any party aggrieved by the decrer or order may within fifteen days after the same is made, apply motion to the Supreme Court for leave to appeal to Her Majesty ir Council. 132. If leave to appeal is applied for by a party adjudged to pay

money or perform a duty, the Supreme Court shall direct either tha the decree or order appealed from be carried into execution, or that the execution thereof be suspended, pending the appeal, as the Court considers to be in accordance with substantial justice. 133. If the Court directs the decree or order to be carried into cxecution, the party in whose favour it is made shall, before the execu- tion of it, give security to the satisfaction of the Court for the due per formance of such order as Her Majesty in Council may think fit to make. 134. If the Court directs the execution of the decree or order to be suspended pending the appeal, the party against whom the decree is made, shall, before any order for suspension of execution, give security to the satisfaction of the Court for the due performane: of such order as Her Majesty in Council may think fit to make. 135. In all cases security shall also be given by the appellan to the satisfaction of the Court to an amount not exceeding 2,500 dollars for the prosecution of the appeal, and for payment of all such costs as may be awarded to any respondent by Her Majesty in Council, or by the Lords of the Judicial Committee of Her Majesty's Privy Council.

136. If the last-mentioned security is given within one mont from the filing of motion-paper for leave to appeal, then, and no: otherwise, the Supreme Court shall give leave to appeal.

137. In any case other than the cases hereinbefore described, the Supreme Court may give leave to appeal on the terms and in manner aforesaid if it considers it just or expedient to do so,

138. In every case where leave to appeal is given as

to Her Majesty in Council according to the rules for the time

in force respecting appeals to Her

the

Liberty to appeal accordingly,

aforesaid.

the

appellant

shall

liberty to prefer and

prosecute

Majesty in

colonies, or such other rules as Her

time

thinks fit to make

concerning

139.

Nothing

in this Order shall

at any

time,

the

humble

thereon

such

terms

and in such

Council Majesty in Council from appeals from the Supreme affect the right of Her Majesty petition of a party aggrieved by a de appeal manner as Her Majesty in Council

from

his appeal Her

being

time to

Court.

Saving for other rights

of appeal.

cision of the Supreme Court in a civil case, to admit his

may think fit, and to deal with the decision appealed from in such

manner as may be just.

H. B. M. SUBJECTS IN CHINA AND JAPAN.

140. Where any judgment, order, or sentence of the Supreme Appen to previou pr

Court is given, made, or passed in the exercise of either original or art in

law from Supreme

ppellate criminal jurisdiction, the party charged with fence, if he considers the judgment, order, or sentence to be roneons in point of law, may appeal therefrom to Her Majesty in Council, provided that the Supreme Court declares the case to be a

the

crime

a cat,

er-

tit one for such appeal, and that the appellant complies with such conditions as the Supreme Court establishes or requires, subject always to such rules as from time to time Her Majesty in Council thinks fit to make in that behalf.

XIX-GENERAL PROVISIONS.

of parton.

Consular LAGPA

141. Nothing in this Order shall be deemed to affect Her Ma. Sg for prepagar es

jesty's prerogative of pardou. 142. Except as in this Order expressly provided, nothing in this sarung ter zurra

Order shall preclude any of Her Majesty's Consular Officers in China or in Japan from performing any act not of a judicial character, that Her Majesty's Consular Officers there might by law or by virtue of nsage or sufferance, or otherwise, have performed if this Order had not been made. 143. Every of Her Majesty's Consular Officers shall, as far as Reconeiston baturs

there is proper opportunity, promote reconciliation, and encourage and facilitate the settlement in an amicable way, and without re- course to litigation, of matters in difference between British subjects in China or in Japan,

litigation

*gnatures and sesis.

144. Every signature or seal affixed to any instrument purport- Presumpta as t

ing to be the signature of the Judge of the Supreme Court, or of any officer or person acting under this Order, or to be the seal of any of Her Majesty's Courts in China or in Japan, shall for all purposes under this Order, without any proof thereof, he presumed to be genuine, and shall be taken as genuine until the contrary is proved.

145. In every case, civil or criminal, heard in any Court, proper Minutes of proceedings

minutes of the proceedings shall be drawn up, and shall be signed by the Judge or Officer before whom the proceedings are taken, and sealed with the seal of the Court, and shall, where Assessors are pre- sent, be open for their inspection, and for their signature if concur- red in by them.

The minutes, with depositions of witnesses and notes of evidence taken at the trial by the Judge or Officer, shall be preserved in the public office of the Court.

146. In a civil case any Court may order such cost or costs, Costs in civil es695

charges, and expenses, as to the Court seem reasonable, to be paid

by any party to the proceedings, or out of any fund

to which the

proceeding relates.

147.

cases, on Witness, Britisa

Any Court, either of its own motion, or, in civil the application of any party to any suit or proceeding or reference, may summon as a witness any British subject in China or Japan,—— but so that a Provincial Court shall have power so to summon British subjects in its own district only.

Any British subject, duly served with such a summons, and with reasonable notice of the time and place at which his attendance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court, shall, over and above any other liability to which he may be subject, be liable fine not exceeding 500

to a

dollars, or to imprisonment for

any

term

not exceeding

one

month,

in the discretion of the Court.

sulgeets.

877 ased

877 Bed

677 aded

677 ased

677 sed

Piperses on wrasses to and cares,

Shae tat et AVITE

1+c'urs

brick paymante vests, penalties, KESY Uber moveRS.

Appicer on of tees and After makeys

Mode of removal (? Freovers, &c.

ORDER IN COUNCIL,

146. In civil cases any Court may, where the circumstance appear to justify it, order that the expenses of a witness, on his appearing to give evidence, shall be defrayed by the parties or any of them.

149. Any person appearing before a Court to give evidence in any case, civil or criminal, may be examined or give evidence on oath in the form or with the ceremony that he declares to be binding ou

Lis conscience.

150. Any British subject wilfully giving false evidence in any suit or proceeding, civil or criminal, or on any reference, shall, où conviction thereof, be deemed guilty of wilful and corrupt perjury.

151. All costs and all charges and expenses of witnesses, pro- seentions, punishments, and deportations, and other charges and ex enses, and all fees, fines, forfeitures, and pecuniary penalties payable ander this Order, may be levied by distress and seizure and sale of

•hips, goods, and lands; and no bill of sale, or mortgage, or transfer of property, made with a view to security in regard to crimes or offences committed, or to be committed, shall be of any avail to defeat any provisions of this Order.

152. All fees, fines, forfeitures, confiscations, and pecuniary penalties levied under this Order, except confiscations and pecuniary penalties by treaty appropriate or payable to the Government of China, or to that of the Tycoon of Japan, shall be carried to the public accounts, and be applied in diminution of the public expenditure on account of Her Majesty's Courts in China and Japan; but if the Government of China or that of the Tycoon of Japan declines to receive any confiscation or pecuniary penalty by treaty appropriated or payable to it, the same shall be applied as other confiscations and pecuniary penalties are applicable.

153. Whenever under this Order any person is to be taken in custody or otherwise, for trial or imprisonment, or by way of deporta- tion or for any other purpose, to the Supreme Court or elsewhere in China or Japan or to Hongkong, England, or elsewhere, the Court or other authority by this Order authorized to cause him to be so taken, may for that purpose (if necessary) cause him to be embarked on voard one of Her Majesty's vessels of war, or if there is no such vessel available, then on board any British or other fit vessel, at any port or place whether within or beyond the particular jurisdiction or district of that Court or authority, and in order to such embarkment may (if necessary) cause him to be taken, in custody or otherwise, by land or by water, from any place to the port or place of embarkment.

The writ, order, or warrant of the Supreme Court for China and Japan, or of a Provincial Court in China or Japan, or of the Supreme Court of Hongkong, or the warrant of the Governor or person ad. ministering the government of Hongkong (as the case may be), by virtue whereof any person is to be so taken, shall be sufficient autho rity to every constable, officer, or other person acting thereunder, and to the commander or master of any vessel of war, or other vessel (whether the constable, officer, or other person, or the vessel or the Commander or master thereof, is named therein or not), to receive, detain, take, and deliver up such person, according to the writ, order

or warrant.

Where the writ, order, or warrant is executed under the in mediate direction of the Court or authority issuing it, the writ, order, or warrant shall be delivered to the constable, officer, or other person acting thereunder, and a duplicate thereof shall be delivered to the commander or master of any vessel in which the person to whom the

writ, order, or warrant relates is embarked.

H. B. M. SUBJECTS IN CHINA AND JAPAN.

Where the writ, order, or warrant issues from the Supreme Court for China and Japan, and is executed by a Provincial Court in China r Japan, and where the writ, order, or warrant issues from the Supreme Court of Hongkong, and is executed by any of Her Majesty's Carts in China or Japan,-a copy thereof certified under the seal of he Court executing the same shall be delivered to the constable, fficer, or other person acting thereunder, and to the commander or Master of any vessel in which the person taken is embarked; and any shall be for all purposes conclusive evidence of the Order

purports a copy.

Such copy

which

154. Subject to the other provisions of this Order, all expenses Expenses of removal oz

t removal of prisoners and others from or to any place in China or prisoners, de,

Japan, or from or to Hongkong, and the expenses of deportation and

of the sending of any person to England, shall be defrayed as the

xpenses relating to distressed British subjects are defrayed, or in

such other manner as one of Her Majesty's Principal Secretaries of

State

from

time

time directs.

155. If any British subject wilfully obstructs, by act or threat, Panshment for

an officer of a Court in the performance of his duty,-

Or within or close to the room or place where a Court is sitting wilfully behaves in a violent, threatening, or disrespectful manner, to the disturbance of the Court, or the terror of the suitors or others resorting thereto,-

Or wilfully insults the Judge, Assistant Judge, or Law Secretary of the Supreme Court, of any Consular Officer, or any juror or Assessor, or any clerk or officer of a Court, during his sitting or attendance in Court, or in going to or returning from Court,—

He shall be liable to be immediately apprehended by order of the Court, and to be detained until the rising of the Court, and further on due inquiry and consideration, to be punished with a fine not exceeding 25 dollars, or imprisonment for any term not exceeding seven days, at the discretion of the Court, according to the nature and circumstances of the case.

A minute shall be made and kept of every such case of punish- ment, recording the facts of the offence and the extent of the punish- ment; and in the case of a Provincial Court, a copy of such minute <hall be forthwith sent to the Supreme Court.

abstructions or disturbance of Court,

of Court,

156. If any clerk of officer of a Court acting under pretence of Misconduct of offieera

the process or authority of the Court is charged with extortion, or with not duly paying any money levied, or with other misconduct, the Court may (without prejudice to any other liability or punish- ment to which the clerk or officer would in the absence of the present provision be liable, inquire into the charge in a summary way, and for that purpose summon and enforce the attendance of all necessary persons in like manner as the attendance of witnesses and others may be enforced in a suit, and may make such order thereupon for the payment of any money extorted or for the due payment of any Order for re-payment, money levied, and for the payment of such damages and costs, as the Court thinks just; and the Court may also, if it thinks fit, impose such fine upon the clerk or officer not exceeding 50 dollars for offence, as seems just.

157.

Any

each

vine.

under Order,

suit or proceeding shall not be commenced in any of Suits for things dove

Her Majesty's Courts in China or Japan, or in any Court of Hongkong, against any person for anything done or omitted in pursuance or execution or intended execution of this Order, or of any Regulation or Rule made under it, unless notice in writing is given by the

677 aged

677 ased

677 asrd

Or sed

Backing of warrant

or Order.

Jurisdiction at Macao.

ORDER IN COUNCIL.

nor unless

intending plaintiff or prosecutor to the intended defendant one month at least before the commencement of the suit or proceeding, it is commenced within three months next after the act or omission complained of, or in case of a continuation of damage, within three mouths next after the doing of such damage has ceased,

The plaintiff in any such suit shall not succeed if tender of

sufficient amends in made by the defendant before the commencemen thereof; and if no tender is made, the defendant may, by leave of the Court, at any time pay into Court such sum of money as he thinks fit, whereupon such proceeding and order shall be had au made in and by the Court as may be bad and made on the paymer: of money into Court in an ordinary suit. XX. HONGKONG, 158. Where a warrant or order of arrest is issued by any of Hs: Majesty's Courts in China or Japan for the apprehension of a British subject, who in charged with having committed a crime or offene within the jurisdiction of the Court issuing the warrant or order. and who is or is supposed to be in Hongkong, and the warrant o order is produced to any of Her Majesty's Justices of the Peace in and for Hongkong, such Justice may back the warrant or order, and the same when so backed shall be sufficient authority to the person to whom the warrant or order was originally directed, and also to any constable or other peace officer in and for Hongkong, tə apprehend the accused in Hongkong, and to carry him to and delive him up within the jurisdiction of the Court issuing the warrant order, according to the warrant or order.

159. The Supreme Court of Hongkong may take cognizance of offences committed by British subjects within the peninsula of Macao, and of suits originating there, when the party offending or the party sued comes or is found within the juristiction of that Court. but that Court shall not have power to issue any warrant or writ to be executed or served within that peninsula.

Abolition of jurischetion. of Court in China and Japan,

160. Save as expressly provided by this order, all jurisdiction, power, and authority of the Supreme Court of Hongkong exerciseable in relation to British subjects resident in or resorting to China o Japan, shall, from the commencement of this order, absolutely ceass.

Order and Ordinances repealed

Savings for pending proceedings.

XXI. REPEALS.

161. From and immediately after the commencement of this order, the orders in Council and Consular Ordinances described in the Schedule to this order shall be repealed; but this repeal shall not affect the past operation of any such order or Ordinance, or any appointment made or thing done, or right, title, obligation, or liability acquired or accrued thereunder before the commencement of this order.

XXII.--PENDING PROCEEDINGS.

162. Nothing in this Order, or in any Rules made under it, shall

apply to or in and manner affect any suit or proceeding, either of civil or of a criminal nature, pending at the commencement of this order, either with reference to the original proceedings therein or with reference to any appeal therein, or otherwise, subject neverthe less, to the following provisions and qualifications:-

(1.) All suits and proceedings, whether of a civil or of a criminal nature, instituted or taken before the commence. ment of this Order in the district of the Consulate of Shanghai, and pending at the commencement of this Order. are hereby transferred to the jurisdiction of the Suprem

H. B. M. SUBJECTS IN CHINA AND JAPAN.

Court, and the same may be carried on and shall be tried, heard, and determined in and by the Supreme Court in like manner as nearly as may be in all respects as if the game had been instituted or taken in the district of the Consulate of Shanghai after the commencement ofthisOrder. (2.) In any suit or proceeding, whether of a civil or of a criminal nature, the Court before which the same is pending at the commencement of this order, after hearing the parties either of its own motion, or on the application of either party, or by consent, may if it seems fit, from time to time direct that the procedure and practice prescribed by this order, or by any Rule made under it, be followed in any respect.

163. Nothing in this order shall take away any right of appeal Appeals in pending

of any suit of a civil nature pending at the commencement of this suite.

interfere with the bringing or prosecution of any appeal

might have been brought or prosecuted if this

Order,-

-or

in any

such

Order

suit that had not been —or take

power, or authority of any Court,

made,-

away

Judge,

or person

to any appeal in any such suit,

order

the

manner

abridge any jurisdiction,

Officer, relation the execution enforcement

any judgment, decree, or made before or after commencement of this Order, respecting any appeal in any such suit; and notwithstanding this Order, auy appeal in any such suit shall lie and may be brought and prosecuted, and any such judgment, decree, order may be made, executed, and enforced in like and with the like effect and consequences in all respects as if this Order had not been made, subject only to this qualification: that in case of any appeal, which, if this Order had not been made, would have lain to or been heard and determined by the Chief Superin- tendent, or to or by Her Majesty's Consul-General in Japan, the same shall lie to and be heard and determined by the Supreme Court in a like course of procedure as nearly as may be in all respects as if

this Order had not been made.

XXIII.--COMMENCEMENT AND PUBLICATION OF ORDER.

164. This Order shall commence and have effect as follows:-- Times of Commencement.

(1.) As to the making of any warrant or appointment under

this Order,--immediately froin and after the making of this Order:

(2.) As to the framing of Rules by the Judge of the Supreme Court, and the approval thereof by one of Her Majesty's Principal Secretaries of State, immediately from and after the first appointment uuder this Order of a Judge of the Supreme Court:

(3.) As to all other matters and provisions comprised and contained in this Order, immediately from and after the expiration month after this Order is

one

exhibited

first in the public office of Her Majesty's Consul at Shanghai: for which purpose Her Majesty's Consul at Shanghai is hereby required forthwith, on receipt by him of a copy of this Order, to affix and exhibit the same conspicuously in his public office. and he is also hereby required to keep exhibited during one mouth from the first exhibition thereof; and of the time of such first exhibition notice shall, as soon thereafter as practicable.

the same

affixed

and

be published in every Consular District in China and Japan. in such manner as Her Majesty's Minister there respec

tively direct :

Our ded

Or sed

I asrd

Ierased

In add

Proclamation of Order.

ORDER IN COUNCIL.

and, notwithstanding anything in this Order, the time of the expiration of the said month shall be deemed to be the time of t

commencement of this Order.

165.

copy of this Order shall be kept exhibited

in each Court and Consulate in China and in Japan.

conspicuous

Printed copies shall be provided and sold at such reasonable

price as Her Majesty's Minister in China directs.

And the Right Honourable the Earl Russell, and the Rigi

Honourable Edward Cardwell, two of Her Majesty's Princi Secretaries of State, and the Lords Commissioners of the Admiralty. are to give the necessary directions herein as to them may respe tively appertain.

(Signed,)

EDMUND HARRISON

The SCHEDULE to which the foregoing Order refers.

CHINA.

Orders in Council Repealed.

JAPAN

Rules of Her Britannic Majesty's Supreme Court, and other

Courts in China and Japan.

Framed under the Order of Her Majesty in Council of the 9th day of March, 1865, by the Judge of Her Majesty's Supreme Court, and Approved by One of Her Majesty's Principal Secretaries of State

Doted the 14th day of May, 1365.

9, DECEMBER

1833 (Two Orders.)

23, JANUARY

4, JANUARY

1843

24, FEBRUARY

1843

2, OCTOBER

1843

1980 4, FEBRUARY 1861 12, SEPTEMBER 1863 7, JANUARY 1964

17, APRIL

1844

13, JUNE

1853

2, FEBRUARY 1857

3, MARCH

1859

12, SEPTEMBER

9, JULY

1863

1864

Consular Ordinances Repealed,

No. 1.-19, JANUARY 1854. Deserters.

No. 2.-31, March

1854. Lunatics; Coroner,

No. 1.-17, JANUARY No. 1. 5, MARCH No. 2.--29, May

1855.

1856.

Neutrality.

Insolvents.

1856. Removal of Prisoners, &c.

I asrd

CONTENTS.

I-DECISION OF QUESTIONS WITHOUT FORMAL SUIT-

Rude.

1. Questions of Facts

Page

6. Questions of Law

II.-SUMMARY

DOLLARS

PROCEDURE

FOR CLAIMS UNDER 100

III. SUMMARY PROCEDURE FOR

ADMINISTRATION

PROPERTY OF DECEASED PERSONS

IV. SUMMARY PROCEDURE ON BILLS OF EXCHANGE AND

PROMISSORY NOTES

V.-SUITS FOR SUMS OF 100 Dollars and UPWARDS:-

26. Petition

28. Particulars of Demand

29. Papers Annexed

30. Amendment

33. Equity

34. Parties

...

40. Defective Petition

41. Copies for Service

42. Service of Petition

...

I asrd

Terased

Rule.

RULES OF SUPREME COURT.

43. Defence on ground of Law

44. Answer

49. Specified Answer

50. Interrogatories

51. Oath

52. Tender

53. Set-off

54. Payment into Court

55. Counter-claim

56.

Proceedings

after answer

58. Settlement of Issues

59. Reference of Account

60. Setting down of Case for Hearing

64. Dismissal for want of Prosecution

Postponement

Hearing

66. Hearing List and Hearing Paper

65.

71.

Sitting of Court.

75. Hearing

81. Jury

84. Proceedings at the Hearing

95. Judgment

99. Special Case...

100. Rehearing. New Trial

105. Decrees and Orders

116. Execution of Decrees and Orders

119.

Stay of

Execution

120. Seizure and Sale of Goods

129. Summons to Judgment Debtor

137. Execution out of Jurisdiction

138. Arrest

140. Sequestration

141. Commitment for Disobedience

VI. — INTERLOCUTORY PROCEEDINGS.

145. Motions

151. Orders to show Cause

152. Summons

VII. APPEAL TO SUPREME COURT.

I.-In General

II.-From Decrees or Orders at Hearing III.—Not from Decrees or Orders at Hearing

VIII.-SUMMARY ORDERS BEFORE SUIT

IX.-PROBATE AND ADMINISTRATION :-

183. Deposit of Will in Lifetime

184. Proceedings on Death

I-Probate or Administration in General

...

Page

Rule.

X.- AMBITRATION

IN CHINA AND JAPAN.

Page.

XI.-AFFIDAVITS AND OTHER EVIDENCE:——

217. Affidavits

243. Other Evidence.

146.

Witness dead, insane, or not appearing

247. Oath

248. Admission of Documents

KARRK

XII.- MISCELLANEOUS PROVISIONS :

249. Attorneys and Agents

252. Proceelings by or against Partnerships

253. Plaintiff out-of Jurisdiction

254. Service...

261. Absconding Defendant

202. Costs

264. Paupers.

268. Computation of Time

272. Supplemental Statement

273. Death of Party or other Change

274. Adjournment...

275. Amendment

276. Power of Court as to Time

278. Guardian for purposes of Suit..

XIII.--CRIMINAL MATTERS :---

I-In General:

282. Summons

283. Warrant....

284. Search Warrant

285. Witnesses

289. Issuing, &c., of Warrant on Sunday or Holyday

II.--Proceedings by Preliminary Examination and

Indictment:

291. Preliminary Examination

296. Statement of Accused

298. Publicity

299. Recognizance to Prosecute or give Evidence 300. Kemand

301. Commitment

...

302. Bail

306. Privileges of Accused

307. Preparations for Trial

II.—Probate and Administration with Will annexed 66

III.-Administration

308. Indictment.

x2222

80 80

*******

Terased

Tez ded

Rule.

RULES OF SUPREME COURT

Paq

311. Hearing.

320, Adjournment Decision

321.

322. Conviction

323. Dismissal

324. Costs

M-Simonery Proceedings.

326. Execution of Conviction or Örder of Dismissal.......

****

XIV.—APPEAL to Supreme CouRT IN CRIMINAL CASES, & XV. GENERAL PROVISIONS (CIVIL) AND CRIMINAL

MATTERS)

Forms Fees

་་་

113

Rules of Her Britannic Majesty's Supreme Court, and other Courts in China and Japan.

Framed under the Order of Her Majesty in Council of the 9th day of March, 1865, by the Judge of Her Majesty's Supreme Court, and approved by One of Her Majesty's Principal Secretaries of

State.

Doted the 4th day of May, 1865.

1.-DECISION OF QUESTIONS WITHOUT FORMAL SUIT.

of Fact.

Questions

I. Where the parties between whom a suit might be instituted la wial cases tins

are agreed as to any question of fact to be determined between them, prding applicabl: they may by consent and by order of the Supreme Court or other Court on summons,-which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to be tried,—proceed to the tria! of any question of fact, without any petition presented or other pleading.

2. Such question may be stated for trial in an issue (Form 1), Issa.

and such issue may be set down for trial, and tried accordingly, as if the question stated were to be determined at the hearing of an ordinary suit.

3. The parties may, if they think fit, enter into an agreement in Mon»y paymeak,

writing, which shall be embodied in an order of the Court, that on the finding of the Court in the affirmative or negative of such issue, a sum of money, fixed in the agreement, or to be ascertained by the Court, upon a question inserted in the issue for that purpose, shall be paid by one of the parties to the other, with or without any costs. On the finding of the Court in any such issue, a decree may be entered for the sum so agreed or ascertained, with or without costs, as the case may be.

4. Where no agreement is entered into as to costs, the costs of Cost

the whole proceedings shall be in the discretion of the Court.

5. The

issue

and proceedings and

the decree shall have the same effect

decree

shall

recorded,

and Effect of decres.

Question

as a decree in a contested suit. Law.

6. Where the parties between whom a suit might be instituted In what 21985,

are agreed as to any question of law to be determined between them, they may by consent and by order of the Supreme or other Court ou summons,which order the Court may make on being satisfied that the parties have a real interest in the determination of such question,

versed

ver ased

ver sed

Special eksi

Court,

Monry paymeLT

Costa,

Dectre.

In what cases.

Couran of procedari

BULES OF SUPREME COURT

pleading.

and that the same is fit to be determined, state any question of law In a special case for the opinion of the Supreme Court, without any pétition presented or other Where the case is stated under order of a Provincial Court, the Court shall send the case to the Supreme Court; and the Supreme Court may direct the case to be re-stated or to be amended, or may refuse to determine the same if the facts are not sufficiently stated, or f the question thereon is not properly raised, or if the parties cannot agree on an amended case: and may draw

acts stated in the case.

7. The

inferences of fact from the

parties may. if they think fit, enter into an agreement in (which shall be embodied in the order for stating the special case or in some subsequent order), that upon the judgment of the

writing,

tions

law

Supreme Court being given in the affirmative or negative of the ques raised by the special case, a sum of money fixed in the agreement, or to be ascertained by the Supreme Court, or in such manuer as it may direct, shall be paid by one of the parties to the other, with or without any costs.

the

judgment of the Supreme Court, decree of the Supreme Court, or of the Provincial Court under whose order the case was stated (as the case may be) may be entered for the sum so agreed or ascertained, with or without costs, as the case may be.

8. Where no agreement is entered into as to costs, the costs of the whole proceedings shall be in the discretion of the Supreme Court. 9. The special case and proceedings and decree shall be recorded, and the decree shall have the same effect as a decree in a contested suit.

II.-SUMMARY PROCEDURE FOR CLAIMS UNDER 100 DOLLARS.

10. Where the claim which any person desires to enforce by proceedings in the Court relates to money, goods, or other property. or any matter at issue of a less amount or value than 100 dollars,- or is for the recovery of damages of a less amount than 100 dollars, -proceedings shall betenced by summons (Form 2), and the

suit shall be heard and determined in a summary way. 11. The summons shall issue without application in writing. It shall be addressed to the defendant or defendants against

whom the claim is made.

It shall state briefly and clearly the nature and particulars of

the claim, and the amount sought to be recovered.

It shall be served on the defendant or defendants within the

time and in the manner directed by the Court.

A defendant shall not be bound to attend personally to answer the suminous, unless required expressly by the summons so to do, but he must attend personally if summoned as a witness.

The provisions of these Rules, relative to suits for suins of 100 dollars and upwards, shall be applicable mutatis mutandis to suits for sams of less than 100 dollars, and shall be so applied accordingly, (except so far as the Court may in any case for the avoiding of delay and furtherance of substantial justice think fit otherwise to direct,) particularly as to the matters following:

The service of summonses, notices, and orders.

The

summoning of witnesses.

The taking of evidence.

The postponement or adjournment of the hearing.

The

allowance of costs.

The contents and effect of orders, and the enforcement thereof.

The recording of the proceedings.

The mode of appeal.

IN CHINA AND JAPAN.

12. When either on the application for a summons or before, Por at taart an direni

tran

or at the hearing thereof, it appears to the Court (for reasons to be recorded in the minutes of proceedings) that the nature and circumstances of the case reuder it unjust or inexpedient to hear and determine the claim in a summary way, the Court may direct proceedings to be taken and carried on by petition, as in suits fo sums of 100 dollars and upwards. -SUMMARY Procedure foR ADMINISTRATION OF

III.

PROPERTY OF DECEASED PERSONS.

13. Any person claiming to be a creditor or a legatee, or the lawha canes

next of kin, or oue of the next of kin, of a deceased person, may apply for and obtain, as of course, without petition filed or other preliminary proceeding, a summons from the Court (Form 3), requiring the executor or administrator (as the case may be) of the deceased to attend before the Court, and show cause why an order for the administration of the property of the deceased should not be made.

14. On proof of due service of the summons, or on the Order,

appearance of the executor or administrator in person, or by counsel or attorney, and on proof of such other things (if any) as the Court requires, the Court may, if in its discretion it thinks fit so to do. make an immediate order for the administration of the property of the deceased; and the order so made shall have the force of a decree to the like effect made on the hearing of a cause between the same parties.

The Court shall have full discretionary power to make or refuse such order, or to give any special directions respecting the carriage or execution of it, and in the case of applications for such an order by two or more different persons or classes of persons, to grant the same to such one or more of the claimants or classes of claimants as the Court thinks fit.

If the Court thinks fit the carriage of the order may subsequently be given to such person and on such terms as the Court directs.

15. Ou making such au order, or at any time afterwards, the custody of property

Court may, if it thinks fit, make any such further or other order as seems expedient for compelling the executor or administrator to bring in to Court, for safe custody, all or any part of the money, or securities, or other property of the deceased, from time to time coming to the hands of the executor or administrator, or such other order as seems expedient for the safe keeping of the property of the deceased, or any part thereof, until it can be duly administered under the direction of the Court for the benefit of all persons interested.

16. If the extreme urgency or other peculiar circumstances of Procordinga er-offien

any case appear to the Court so to require, the Court may issue such a summons and make such an order or such orders as aforesaid, and may cause proper proceedings to be taken thereon, of its own motion ez-officio, or ou the information of any officer of the Court, and without any such application by a creditor or legatee, the next of kin, or one of the next of kin, as is before mentioned.

17. The reasons of the Court for making any order under the Minute of reasons

present provisions shall be recorded in the minutes of proceedings. IV-SUMMARY PROCEDURE ON BILLS OF EXCHANGE AND

PROMISSORY NOTES.

18. Suits on bills of exchange or promissory notes, instituted lu whst 29533.

within six months after the same become due and payable, may he

ver sed

ver aged

Get add

ШЕ

RULES OF SUPREME COURT

onanenced by summons (Form 4.) and may be heard and determined in a summary way as hereinafter is provided.

IN CHINA AND JAPAN.

or value of 100 dollars or upwards-or is for the recovery of

I came to defend wood

security

petition

I ever

19. The Court shall, on application within seven days from the service of the summons, give the defendant leave to defend the suit on his paying into Court the sum indorsed, or on evidence of oath showing to the satisfaction of the Court a good legal or equitable defence, or such facts as would make it incumbent on the holder to prove consideration, or such other facts as the Court deem sufficient to support the application, and on such terms as to and other things as to the Court seems fit; and in that case be Court may direct proceedings to be taken and carried on by

in the ordinary way. 20. If the defendant does not so obtain leave to defend, the plaintiff, on proof of due service of the summons, shall be entitled as of course at any time after the expiration of such seven days, to an immediate absolute decree for any sum not exceeding the sum indorsed on the summons, together with interest at the rate specified (if any) to the date of the decree, and a sum for costs to be fixed by

the

amount of

amages dollars hall be commenced by the filing of a petition (Form 5.)

100

Proceedings after

OLER

Deposit of bill.

Security for costs.

Holder's expenses.

Cre sumamene against all or any of the parties.

Apprai

In what caper

the Court in the degree.

21. After decree the Court may, under special circumstances, set aside the decree, and may, if necessary, set aside execution, and may give leave to defend the suit, if it appears to the Court reason- able so to do, and on such terms as to the Court may seem just, the reasons for any such order being recorded in the minutes of proceedings. 22. In any proceedings under the present provisions, it shall be competent to the Court to order the bill or note sought to be proceeded on to be forthwith deposited in the Court, and further to order that all proceedings be stayed until the plaintiff give security for costs.

23. The holder of a dishonoured bill or note shall have the same remedies for recovery of the expenses incurred in the noting of the same for non-acceptance or non-payment, or incurred other- wise by reason of the dishonour, as he has under the present provisions for recovery of the amount of the bill or note.

24. The holder of a bill or note may, if he thinks fit, obtain one summons under the present provisions against all or any of the parties to the bill or note; and such summons shall be the commencement of a suit or suits against the parties therein named respectively; and all the subsequent proceedings against such parties shall be carried on, as far as may be, as if separate

summonses had issued.

respective

But the summons or its indorsement must set forth the claims against the parties respectively, according to their respective alleged liabilities, with sufficient precision and certainty to enable each defendant to set up any defence on which he individually may

desire to

rely.

25. An appeal from a Provincial Court to the Supreme Court in respect of any decision, decree, or order given or made in any such suit does not lie, except by special leave. V.-SUITS FOR SUMS OF 100 DOLLARS AND UPWARDS.

which

26.

Petition.

Subject to the foregoing provisions, where the claim any person desires to enforce by proceedings in the Court relates to money, goods, or other property of the amount or value of 100 dollars or upwards,--or relates to or involves directly or indirectly a question respecting any matter at issue, of the amount

upwards-proceedings 27. The petition shall contain a narrative of the material facts, contents of petition,

Batters, and circumstances on which the plaintiff relies, such narrative being divided into paragraphs numbered consecutively, each paragraph ontaining, as nearly as may be, a separate and distinct statement or llegation, and shall pray specially for the relief to which the plain. if may conceive himself entitled, and also for general relief. The petition must be as brief as may be consistent with a clear statement of the facts on which the prayer is sought to be support- ed, and with information to the defendant of the nature of the claim Documents must not be unnecessarily set out in the petition in hæc verba, but so much only of them as is pertinent and material may be set out, or the effect and substance of so much only of them as is pertinent and material may be given, without needless prolixity.

set up.

Dates and sums shall be expressed in figures and not in words. The petition may not contain any statement of the mere evidence by which the facts alleged are intended to be proved, and may not Contain any argument of law.

The facts material to the establishment of the plaintiff's right to recover shall be alleged positively, briefly, and as clearly as may be, so as to enable the defendant by his answer either to admit or deny any one or more of the material allegations, or else to admit the trutɓ of any or all of the allegations, but to set forth some other substantive matter in his answer, by reason of which he intends to contend that the right of the plaintiff to recover or to any relief capable of being granted on the petition has not yet accrued, or is released or barred or otherwise gone.

Particulars of Demand.

28. Where the plaintiff's claim is for money payable in respect In what cases.

of any contract express or implied, or to recover the possession or the value of any goods wrongfully taken and detained by the defen- dant from the plaintiff, it shall be sufficient for the plaintiff to state his claim in the petition in a general form, and to annex to the peti- tion a Schedule stating the particulars of his demand, in any form which shall give the defendant reasonably sufficient information as to the details of the claim.

An application for further or better particulars may be made

by the defendant before answer, ou summons.

The plaintiff shall not at the hearing obtain a decree for any Effect of particolars.

sum exceeding that stated in the particulars, except for subsequent interest and the costs of suit, notwithstanding that the sum claimed

in the petition for debt or damages exceeds the sum stated in the particulars.

Particulars of demand shall not be amended except by leave of Amendment,

the Court; and the Court may, or any application for leave to amend, grant the same, on its appearing that the defendant will not be pre- judiced by amendment. Otherwise the Court may refuse leave or grant the same on such terms as to notice, postponement of trial, or costs, as justice requires.

Any variance between the items contained in the particulars Varianoc.

and the items proved at the hearing may be amended at the hearing, either at once or on such terms as to notice, adjournment, or costs, as justice requires.

Get add

Gerased

997 ased

997 sed

997 aged

I..

In what ca**

Inspection.

On application of Defendant.

Coate

Libellous en offensive expressions,

Amendment on application of Plaintiff'

Effect of petition.

Sait on behalf of others.

་་

RULES OF SUPREME COUL

wher

Where particulars are amended by leave of the Court, or further or better particulars are ordered to be given, the order shal state the time within which the amendment is to be made or the further or better particulars are to be given: and the order for ser vice of the amended or further or better particulars shall state the time which the defendant is to have to put in his answer.

Papers Annexed.

any

29. Where the plaintiff seeks fin addition to or without an order for the payment of money by the defendant) to obtain, as against any person, any general or special declaration by the Cour of his rights under any contract or instrument, or to set aside any contract, or to have any bond, bill, note, or instrument in writing delivered up to be cancelled.- or to restrain any defendant by jujunction.- --or to have any account taken between himself and other or others--and in such other cases as the nature of the cir cumstances makes it necessary or expedient, the plaintiff in his petition may refer to and briefly describe any papers or documents on the contents of which he intends to rely, and may annex copies of such papers or documents to the petition, where such papers or documents are brief, or may state any reason for not aunexing copies of such papers or documents, or any of them respectively (as their length, possession of copies by the defendant, loss, inability to pro eure copies), that he may have to allege. The plaintiff shall, in his petition, offer to allow the defendant to inspect such papers and documents as aforesaid, or such of them as are in his possession or power.

Amendment.

30. Any plaintiff not giving sufficient information to enable the defendant reasonably to understand the nature and particulars of the claim set up against him, may be ordered, on the application of the defendant before answer, to amend his petition.

The plaintiff may be ordered to annex copies of, or produce for inspection, such papers or documents in his possession or power as he has referred to in the petition, and as the defendant is entitled to inspect for the purpose of the suit.

The Court may in such cases make such order as to costs as justice requires, and stay proceedings until the order is complied with.

31. If any petition contains libellous or needlessly offensive expressions, the Court may, either of its own motion before service thereof, or on the application of the defendant, order the petition to be amended, and make such other as to costs as justice requires. 32. A petition may be amended at any time before answer by

leave of the Court, obtained ex parte.

Notice of the amendment shall be given to the defendant within

such time and in such manner as the Court directs.

Equity.

33. Every petition is to to be taken to imply an offer to equity in the matter of the suit commenced by it, and to admit of any equitable defence, and, on the other hand, to enable the plaintiff to obtain at the hearing any such equitable relief as he may appear entitled to from the facts stated and proved, thongh not specifically asked, if it may be granted without hardship to the defendant.

Parties.

34. Persons entitled to sue and suing on behalf of others, 23 guardians, executors, or administrators, or on behalf of themselves and others, as creditors in a suit for administration,must state the character in which they sue.

35. All persons having a joint cause of suit against any Jount set al e

defendant

IN CHINA AND JAPAN

ordinarily

either

ought to be parties to the suit. 36. Where the plaintiff has a joint and several demand against Joint and secara

several persons, as principals or as suroties, it is not

necessary for him to bring before the

demand

Court as parties to a suit concerning such demand all the persons liable thereto, but he may proceed against one or more of the persons severally liable. 37. If it appears before or at the hearing that any person not Nongonder an

joined as plaintiff or as defendant ought to be so joined,--or that misjonder any person joining as plaintiff or as defendant ought not to be so joined, the Court may order the petition to be amended, with liberty to amend the other pleadings (if any), and on such terms as to time for answering, postponement or adjournment of hearing. and costs, as justice requires.

But no person shall be so joined as plaintiff without satisfac-

tory evidence to the Court of his consent thereto.

Nor shall the name of any plaintiff be struck out unless it satisfaction of the Court either that he was originally plaintiff without his consent, or that he consents to his

name being struck out.

appears to the joined as

38.

Court,

Where

plaintiff sues any person as agent for some other Defen·lant sued as agent,

person, not seeking to fix such agent with any personal liability, the on the fact coming to its knowledge, shall, if the person really sought to be fixed with liability is within the particular juris- diction, forthwith order his name to be substituted, and stay proceedings until the order is complied with. But if he is not within the particular jurisdiction, shall refuse to proceed further in the matter, unless and until the person sued as agent undertakes, by

to defend the suit, or otherwise act in it on behalf of such principal.

of suit, by Distinct causes of suit in

writing under his hand, to defend the suit, and personally to satisfy any decree or order for debt or damages and costs therein. the latter case the person sued as agent shall further, within such time as the Court orders and before the hearing of the suit, pro- cure and file with the proceedings a sufficient authority in writing from the party on whose behalf such agent is affecting to act, to substitute the name of the principal as defendant for his own, and

collusive

decrees

39.

case

a petition

Such agent shall not, however, be deemed discharged by

authority and substitution from his personal undertaking bility to satisfy any decree or order in the suit, such authority and substitution being in all cases strictly required as a protection against which might affect absent persons. states two or more distinct

such

and lia-

causes

either different

causes

suit together,

order

that

and make

such

order

case

petition

states

but not by parties but

and

appears inexpedient different records be made up as to adjournment and costs as justice requires. two more distinct causes of suit. against the same parties, or by and against the same

not

in the same rights, the

petition may, on the appli

case

such application

made

the

petition

may

the

dismissed, with

the defendant

not made

the the time for

brought

within the time

substantial costs

making

within to the notice of

for

answer,

application;

paid by

but

case

answer,

the

petition,

the

Court,

of Court

fees only, as to the

may be

and against the same parties, and in the same rights, the Court

before or at the hearing, if it

cation of any defendant, be dismissed.

plaintiff application is when the defect is dismissed without

Court seems just.

costs, or on payment

may, try the

our petition.

997 ased

997 asrd

997 word

Let aged

Let sed

kley op promenandak

Nombretace

Crċer for serv.06.

Motion that pruition hi

EULES OF SUPREME COURT

Defective Petition. 40. Where a petition is defective on the face of it by reason of non-compliance with any provision of these tules, the Court may. sither on application by a defendant or of its own motion, make an order to stay proceedings until the defect is remedied.

The Court shall, of its own motion. make an order to stay proceedings on a defective petition, where the defect is patent aud serious, and comes to the knowledge of the Court hefore service of the petition on the defendant. Copies

of Service.

41. Where there is only one defendant, one copy of the petition, and of any schedule thereto, for service, is to be left with the Court, Together with the original; where there are two or more defendants, as many copies as there are parties to be served are to be left, together with the original.

Service of Petition.

42. The plaintiff on filing his petition must obtain an order

for service of it on the defendant.

Every order for service shall specify a reasonable time after service, ordinarily not more than eight days, within which the defendant must put in his answer.

dumissed without any

Defence on Ground of Law. 43. Where a defendant conceives that he has a good legal or azswer being required equitable defence to the petition, so that even if the allegations of fact in the petition were admitted or clearly established, yet the plaintiff would not be entitled to any decree against him (the defendant), he may raise this defence by a motion that the petition be dismissed without any answer being required from him. The motion paper shall be filed within the time allowed for

putting in an answer.

Crder.

CORTE.

Farther time to answer.

It must state briefly the grounds of law on which the defendant

intends to rely at the hearing of the motion.

The motion shall be beard and disposed of at as early a time

as may be.

For the purposes of the motion the defendant shall be taken to admit the truth of the allegations of fact in the petition, and no evidence as to matters of fact or discussion of questions of fact shall be admitted at the hearing of the motion.

On hearing the motion the Court shall either dismiss the petition or order the defendant to put in an answer within a short time to be named in the order, and may give leave to the plaintiff to amend his petition if it appears requisite, and may impose such terms as justice requires.

Where, on the hearing of the motion, any grounds of law are urged in support of the motion beyond those stated in the motion paper, and the grounds stated therein are disallowed, the defendant shall be liable to pay the same costs as if the motion were wholly refused, although the grounds of law newly urged are allowed, unless the Court thinks fit in any case to order otherwise.

Answer.

44. The defendant may obtain further time of putting in his answer on summons, stating further time required, and the reason why it is required.

IN CHINA AND JAPAN

The application when made, unless consented to, must be sup- arted by affidavit or by oral evidence on oath, showing that there reasonable ground for the application, and that it is not made for

the

purpose

delay.

answersny

45. Where a defendant does not put in any answer he shall not Evet of detendant not

e taken as admitting the allegations of the petition, or the plaintiff's right to the relief sought; and at the hearing (even though such defendant does not appear) the plaintiff must open his case, and ad- duce evidence in support of it, and take such judgment as to the

appears

'ourt

just.

46. A defendaut neglecting to put in an answer within the time leave te auswer after

allowed, shall not be at liberty to put in any answer

r further time without leave of the Court. The Court may grant such leave by order on the ex parte appli- ation of the defendant at any time before the plaintiff has set down

the cause, or applied to have it set down for hearing.

Where the cause has been set down or the plaintiff has applied to have it set down for hearing, the Court shall not grant such leave except on return of a summons to the plaintiff, giving notice of the defendant's application, and on such terms as to costs and other matters as seem just.

time allowed.

auswer.

47. The answer (Form 6,) shall show the nature of the defend. Form and contents of

ant's defence to the claim set up by the petition, but may not set forth the evidence by which such defence is intended to be supported.

It should be clear and precise, and not introduce matter irrele- vant to the suit, and the rules before laid down respecting the setting out of documents and the contents of a petition generally shall be observed in answer, mutatis mutandis.

It must deny all such material allegations in the petition as the

defendant intends to deny at the hearing.

Where the answer denies an allegation of fact, it must deny it directly, and not by way of negative pregnant: as (for example) where it is alleged that the defendant has received a sum of money, the answer must deny that he has received that sum or any part thereof, or else set forth what part he has received. And so, where a matter of fact is alleged in the petition, with certain circum- stances, the answer must not deny it literally as it is alleged, but must answer the point of substance positively and certainly.

The answer must specifically admit such material allegation in the petition as the defendant knows to be true, or desires to be taken as admitted. Such admission, if plain and specific, will prevent the plaintiff from obtaining the cost of proving at the hear- ing any matters of fact so admitted.

All material allegations of fact admitted by a defendant shall be taken as established against him, without proof thereof by the plaintiff at the hearing. But the plaintiff shall be bound to prove as against each defendant all allegations of fact not admitted by him, or not stated by him to be true to his belief.

The answer must allege any matter of fact not stated in the petition on which the defendant relies in defence,as establishing, for instance, fraud on the part of the plaintiff, or showing that the plaintiff's right to recover, or to any relief capable of being granted on the petition, has not yet accrued, or is released or barred or otherwise gone.

Let ased

Leased

897 aged

897 sed

: theet of answer at

Summeus to compel.

Nature of answer.

In what cases,

Power of Court to

require.

Payment into Court.

Particulare.

RULES OF SUPREME COURT.

48. The answer of a defendant shall not debar him at the hearing from disproving any allegation of the petition not admitted by his answer, or from giving evidence in support of a defence not expressly set up by the answer.-except where the defence is such as, in tlie opinion of the Court, ought to have been expressly set up by the answer--or is inconsistent with the statements of the answer or is in the opinion of the Court. likely to take the plaintiff b surprise, and to raise a fresh issue or fresh issues of fact or law not fairly arising out of the pleadings as they stand, and such as the plaintiff onght not to be then called upon to try.

Specific Answer.

49. Where the defendant does not auswer, or puts in an answer amounting only to a general denial of the plaintiff's claim, the plaintiff may apply by summons for an order to compel him to answer specifically to the several material allegations in the peti tion; and the Court, if such allegations are briefly, positively separately, and distinctly made, and it thinks that justice s requires, may grant such an order.

The

defendant shall, within the time limited by such order, put in his answer accordingly, and shall therein answer the several material allegations in the petition, either admitting or denying the truth of such allegations seriatin, as the truth or falsehood of each

is within his knowledge, or (as the case may be) stating as to any one or more of the allegations that he does not know whether such allegation or allegations is or are true or otherwise.

The defendant so answering may also set up by such auswer any defence to the suit, and may explain away the effect of any admission therein made by any other allegation of facts.

Interrogatories.

50. Where an answer so put in fails substantially to comply with the terms of the order, by reason of any one or more of the material allegations not being either denied or admitted thereby, or not being met by a statement in the answer that the defendant does not know whether such allegation or allegations is or are true of otherwise, the plaintiff may apply to the Court to examine the defendant on written interrogatories; and the Court may, if it see fit, examine the defendant accordingly on written interrogatories allowed by the Court, and embodying material allegations of the petition in an interrogative form, and may reduce the answers of the defendant to writing,

Such auswers shall be taken for the purposes of the suit tole

a part of the defendant's answer to the petition.

Oath.

51. The Court may, where the circumstances of the case appear

to require it, order the defendant to put in an answer on oath.

Tender.

52. A defence alleging tender by the defendant must be accompanied by payment into Court of the amount alleged to have

been tendered.

Set-off.

53. A defence of set-off to a claim for money, whether in debto in damages, must be accompanied by a statement of particulars of set off; and if pleaded as a sole defence, unless extending to the whole amount of the plaintiff's claim, must also be accompanied by payment

IN CHINA AND JAPAN.

nto Court of the amount to which, on the defendant's showing, the Payment mate Court plaintiff is entitled; and in default of such payment the defendant

shall be liable to bear the costs of the suit, even if he subceeds in his costs.

the

extent

the

set-off' pleaded.

defence Where a defendant in his answer raises a defence by way of Crost suit,

set-off, which, in the opinion of the Court, is not admissable as set-

ff, the Court may either before or at the hearing, on his application, vive him liberty to withdraw such defence, and to file a cross peti- tion, and may make such order for the hearing of the suit and cross suit together or otherwise, on such terms as to costs and other matters as seem just.

Payment into Court, 54. Payment into Court by the defendant must be accompanied answer

by an answer. The answer must state distinctly that the money paid in is paid in satisfaction of the plaintiff's claim generally, or

as the case may be) in satisfaction of some specific part of the

plaintiff's claim, where the claim is stated in the petition for distinct

sums

respect

of distinct matters.

Payment into Court, whether made in satisfaction of the plain- Ever.

tiff's claim generally or in satisfaction of some specific part thereof, operates as an admission of liability to the extent of the amount

paid in, and no more, and for no other purpose.

Where the defendant pays money into Court, the plaintiff shall Acceptance by plaintiff,

be at liberty to accept the same in full satisfaction and discharge of the cause of suit in respect of which it is paid in; and in that case the plaintiff may forthwith apply by motion for payment of the money out of Court to him; and on the hearing of the motion the Court shall make such order as to stay of further proceedings in the suit, in whole or in part, and as to costs and other matters, as seems just.

If the plaintiff does not so apply, he shall be considered as in. Nor receptance,

sisting that he has sustained damages to a greater amount,or (as the case may be) that the defendant was and is indebted to him in a greater amount than the sum paid in; and in that case the Court, in determining the suit and disposing of costs at the hearing, shall costs, have regard to the fact of the payment into Court having been made and not accepted.

and

Counter-claim..

Suit.

55. Where a defendant in his answer raises any specific defence, Cross petition in same it appears the Court that on such defence being established he may be entitled to relief against the plaintiff in respect of the subject-matter of the suit, the Court may, on the application of the defendant either before or at the hearing, if under the circumstances of any case it thinks fit, give liberty to him to file a counter-claimi by a cross-petition in the same suit, asking for relief against the plaintiff, and may make such order for the hearing of the suit and counter-claim together or otherwise, and in such manner and on such terms as to costs and other matters as seem just, and may, if in any case it seems fit, require the plaintiff to give security to the satisfaction of the Court (by deposit or otherwise) to abide by and perform the decision of the Court on the counter-claim.

Proceedings after Answer.

56. No replication or other pleading after answer is allowed, No pleading after

except by special leave of the Court,

answer.

87 sed

87 Bed

697 aged

697 sed

301

PULES OF SUPREME COURT

IN CHINA AND JAPAN.

Amendmented je**

57. Where the plaintiff considers the contents of the answer to be such as to render an amendment of the petition necessary of desirable, he may obtain ez port an order to amend the petition, o satisfying the Court that the amendment is not intended for the purpose of delay or vexation, but because it is considered to l material for the plaintiff's case. Notice of the amendment shall be given to the defendant withia

such time and in such manner as the Court in each case directs.

Settlemeral of Isenes,

In the first

case, if

outers

into

second case, if he

enters

into

evidence as to such

renders

himself

liable

pay

the

costs

tion of

the

order to defendant

set down

evidence at all, and in the other points, be

thereof. may be made on the applica. Order for 13 foar

ou application f

regard

the

state

to be

Before or at brandig

Aniendimelt o“ plewding-

Appi etiam eiga de

on sumius

In what Pi

Order for -elting down

When plaintiff may

apply.

When and how far plaintiff to enter into evidence.

58. At any time before or at the hearing the Court may, it it

thinks fit, on the application of any party or of its own motio proceed to ascertain and determine what are the in controversy between the parties, although the same are n

material

question.

distinctly or properly raised by the pleadings, and may reduce suci questions into writing and settle them in the form of issues; whic issues when settled may state questious of law on admitted facts; or questions of disputed fact, or questions partly of the one kind and partly of the other,

settling issues the Court may order or allow the striking on or amendment of any pleading or part of a pleading so that the pleadings may finally correspond with the issues settled, and way order or allow the striking out or amendment of any pleading or part of a pleading that appears to be so framed as to prejudice.

mbarrass, or delay the trial of the cause.

Where the application to the Court to settle issue is made at any stage of the proceedings, at which all parties are actually present before the Court, either in person or by counsel or attorney, or at the hearing, the application may be made viva voce, and may be disposed of at once, otherwise the application must be made and disposed of on summons.

Reference of Account.

59. Where it appears to the Court at any time after suit in stituted, that the question in dispute relates either wholly or in part to matters of mere accourt, the Court may, according to the amount of public business pending, either decide such question in a summary way, or order that it be referred either wholly or in part to some person agreed on by the parties, or in case of their non-agreement, appointed by the Court.

The referee shall enter into the account and hear evidence, and report on it to the Court, according to the order; aud the Court afte hearing the parties may adopt the conclusions of the report, either wholly or in part or may direct a further report to be made by the referee, and may grant any necessary adjourment for that purpose

Setting down of Cause for Hearing.

60. No cause can be set down for hearing without order of the

Court first obtained.

61. At the expiration of the time allowed for answering, the plaintiff may apply ex parte for an order to set down the cause for bearing.

62. Where the defendant has put in an answer, the plaintiff must carefully consider the answer, and if he finds that upon the auswer alone there is sufficient ground for a final decree or order, he must proceed upon the answer without entering into evidence pre paratory to or at the hearing.

Or, if it is needful to prove a particular point, be must not enter into proved

the cause by summons, if it appears to the Court, having defenda

of the pleadings, that the cause is ready heard, and that there has been delay on the part of the plaintiff in obtaining an order for setting down the cause, for which the plaintiff

has no reasonable excuse, (as the absence or illness of a material witness,) and that the defendant is prejudiced or may reasonably be

expected

prejudiced by such delay. Dismissal for want of Prosecution.

64. Where the plaintiff does not obtain an order for setting down in wat

the cause within three months from the time at which he might first apply for such an order, the defendant may apply by motion for an order to dismiss the petition for want of prosecution.

On such application, the Court may, if it thinks fit, make an order dismissing the petition, or make such other order, or impose such terms Courts thinks just and reasonable.

Postponement of Hearing.

the

65. The Court may at any time on a summons taken out by any tu wirst #1335,

party postpone the hearing of a cause set down, on being satisfied by evidence on oath that the postponement will have the effect of better ensuring the hearing and determination of the questions between:

the

parties

the

merits.

Where such an application is made on the gound of the absence of a witness, the Court shall require to be satisfied that his evidence

is material, and that he is likely to return and give evidence within

time.

a reasonable Where such an application is made for the purpose of enabling the party applying to obtain the evidence of a witness resident out of the particular jurisdiction, the Court shall require to be satisfied that the evidence of the witness is material, and that he is likely to give evidence, and that he is permanently residing out of the jurisdiction, or does not intend to come within the jurisdiction within a reasonable time. The party making such application must also apply for an order for the examination of such witness out of the jurisdiction, or for leave to use au affidavit to be made by such witness as evidence at the hearing.

Hearing List and Hearing Puper.

66. There shall be kept a General Hearing List for causes and To be kept.

a Hearing Paper.

67. Where a cause is set down for hearing it shall be placed in order of crussa

the general hearing list, and shall be transferred to the hearing paper strictly in its turn and order, according as the general hearing list becomes exhausted.

The regular order shall in no case be departed from without

special direction.

68. When a cause is about to be transferred from the general Notice to parties.

hearing list to the hearing paper, notice shall be served on the parties (Form 7); and unless the Court in any particular case directs other- wise, ten days shall be allowed between service of such notice and the day of hearing.

69. When any cause or matter has been specially directed by the causes takes out of tuen,

Court to be heard on a particular day, or out of its ordinary turn, the

697 sed

697 asrd

0ᎭᏃ Ꭷied

0ᎭᏃ Ꭷôed

ᎭᏃ Ꭷôed

Adjournment

On what days

Fubiloty

LULES OF SUPREME COURT

name of the cause of matter shall be placed in the hearing paper,

with the words “by order " subjoined.

causes

70. In case of any adjournment of the hearing from the day

appointed in the heariu, paper by reason of the proceeding in the bearing paper hot having been got through, or under any order of the Court made during the sitting on that day, no further notice to either party of the adjournment day shall be requisite; and the adjournment day shall, unless otherwise ordered by the Court, be the next ordinary Court day.

Keeping w inɩsses out of

L'art.

Order of business at

fitting".

Sillings of Voart.

71. The sittings of the Court for the hearing of causes shall be, where the amount of public business so warrants, held on fixed and stated days.

The Court may, at its discretion, appoint any other day or days from time to time for the hearing of causes, as circumstances require.

Non-appearurer of both parties.

Non-appearance of plaint.ff.

Non-appearance of defendant.

72. The sittings of the Court for the hearing of canses shall ordinarily be public; int the Court may, for a reason to be specified by it on the minutes, hear any particular cause or matter in the presence only of the parties and their legal advisers and the officers of the Court,

73. On the application of either party at the commencement of the proceedings, or of its owu motion, the Court may order witnesses on both sides to be kept out of Court until they have respectively given their evidence; but this rule does not extend to the parties themselves, or to their respective legal advisers, although intended to be called as witnesses.

74. Subject to special arrangements for any particular day, the business of the day shall be taken as nearly as circumstances permit in the following order :

(i.) At the commencement of the sitting, judgment shall be delivered in matters standing over for that purpose, and appearing for judgment in the paper:

(ii.) Ex parte motions and motions by consent shall next be

taken, in the order in which the motion papers have been sent in:

(iii.) Opposed motions on notice, and arguments on showing cause against orders returnable ou that day, shall then be taken, in the order in which these matters respectively stand in the hearing paper:

(iv.) The causes in the hearing paper shall then be called on,

in their order, unless the Court sees fit to vary the order.

Hearing. 75. When a cause in the hearing paper has been called on, if neither party appears, either in person or by counsel or attorney, the Court, on being satisfied that the plaintiff has received notice of the hearing, shall, unless it sees good reason to the contrary, strike the cause out of the hearing paper.

76. If the plaintiff does not appear in person or by counsel of attorney, the Court, on being satisfied that the plaintiff has received notice of the hearing, shall, unless it sees good reason to the contrar strike out the cause, and make such order as to costs in favour of any defendant appearing as seems just.

77. If the plaintiff appears, but the defendant or any of the defendants does not appear, in person or by counsel or attorney, the Court shall, before hearing the cause, inquire into the service of the petition, and of notice of hearing on the absent party or parties.

IN CHINA AND JAPAN.

If not satisfied as to the service on every party, the Court shall rect that further service be made as it directs, and adjourn the

the

cause for

that

purpose.

tearing If satisfied that the defendant or the several defendants has or cave been duly served with the petition and with notice of the wearing, the Court may proceed to hear the cause, notwithstanding ae absence of the defendant or any of the defendants, and may, on ne evidence adduced by the plaintiff, give such Judgment as appears ust. The Court, however, shall not be absolutely bound to do so, but may order the hearing to stand over to a further day, and direct esh notice to be given to the defendant or defendants, in case istice seems to require an adjournment.

78. Where the Court hears cause and gives Judgment in the Rehearing for defendant.

sence of and against any defendant, it may afterwards, if it thinks

t, on such terms as seem just, set aside the decree and rehear the

ause, on its being established by evidence on oath to the satisfaction Court that the defendant's adsence was not wilful, and that he

of the

nas

defence

upon

79.

the merits.

Where a cause is struck out by reason of the absence of the Restoration of cause to

¡laintiff, it shall not be restored without leave of the Court, until it list for plainted;

as been set down again at the bottom of the general hearing list,

and been transferred in its regular turn to the hearing paper.

80. Where a cause has been once struck out, and has been a Non-appearance of second time set down, and has come into the hearing paper, and on plantif” a second time- the day fixed for the hearing, the plaintiff having received due notice -hereof, fails to appear either in person or by counsel or attorney when the cause is called on, the Court, on the application of the defendant, and if the non-appearance of the plaintiff appears to be wilful and intended to harass the defendant, or to be likely to pre- udice the defendant by preventing the hearing and determination of the suit, may make an order on the plaintiff to show cause why a day should not be fixed for the peremptory hearing of the cause; and on the return to that order, if no cause or no sufficient cause be shown, the Court shall fix a day accordingly, upon such notice and

ther terms as seem just.

In case the plaintiff does not appear on the day so fixed, either in person or by counsel or attorney, the Court shall, unless it sees good reason to the contrary, dismiss the petition, which dismissal bearing. shall have the same effect as a dismissal on the merits at the

Jury.

81. Notice of demand of a jury, or of application for a jury, Time for demand of or

must be led seven days at least before the day of hearing.

application for jury,

82. An appeal does not lie against the refusal of an application Appeal,

fer a jury.

83. Where notice of demand of a jury has not been filed in due Adjournment (or jury.

ime, or if at the hearing both parties desire a jury, the Court may,

on such terms as seem just, adjourn the hearing, in order that a jury may be summoned.

Proceeding to the Hearing.

s follows:- 84. The order of proceeding at the bearing of a cause shall be Order of proceeding,

:--

The plaintiff shall state the pleadings.

The party on whom the burden of proof is thrown by the nature

f the material issues or questions between the parties has the right o begin; he shall address the Court and open his case.

He shall then call his evidence and examine his witnesses in chief.

0ᎭᏃ Ꭷôed

ᎭᏃ ᎧᏋed

0ᎭᏃ ᎧᏇedᎢᎭᏃ ᎧᏋed

ᎭᏃ Ꭷ8ed

ᎭᏃ Ꭷôed

Cross-examination and re-exsunnation.

Notes of evidence

Objection to evulence.

Note of objection

Evidence by affidavit.

Admission of affidavit although no cross- examination

Documentary evidence.

RULES OF SUPREME COURT

When the party

beginning has concluded his evidence, he shail

ask the other party if he intends to call evidence (in

included

which terms is

evidence taken by affidavit or deposition, or under co mission, and documentary evidence not already read or taken a read); and if answered in the negative, he shall be entitled to su up the evidence already given, and comment thereon; but if answere

in the affirmative, he shall wait for his general reply.

When the party beginning has concluded his case, the othe party shall be at liberty to address the Court, and to call evidenc and to sum up and comment thereon.

If no

evidence is called or read by the latter party, the part, beginning (saving the right of the Crown), shall have no right to reply, unless he has been prevented from summing up his case bi the statement of the other party of his intention to call evidence.

The case on both sides shall then be considered closed. If the party opposed to the party beginning calls or read evidence, the party beginning shall be at liberty to reply generali on the whole case, or he may call fresh evidence in reply to the evidence given on the other side, on points material to the dete: mination of the issues, or any of them, but not on collateral matters. Where evidence in reply is tendered, and allowed to be given, the party against whom the same has been adduced shall be at liberty to address the Court, and the party beginning shall be

entitled

the general reply.

85. Each witness, after examination in chief, shall be subject to cross-examination by the other party, and to examination by the party calling him, and after examination may be questioned by the Court, and shall not be recalled or further questioned save through and by leave of the Court.

86. The Court shall take a note of the substance of the viva voce evidence in a narrative form, but shall put down the terms of any particular question or answer, if there appears any special reason for

doing so. No person shall be entitled as of right, at any time or for any

purpose, to inspection or a copy of the Court's notes.

87. All objections to evidence must be taken at the time the question objected to is put, or, in case of written evidence, when the same is about to be put in, and must be argued and decided at the

time. 88. Where a question put to a witness is objected to, the Court. unless the objection appears frivolous, shall take a note of the ques tion and objection, if required by either party, and shall mention on the notes whether the question was allowed to be put or not, and

answer to it, if put.

the 89. Where any evidence is by affidavit, or has been taken by commission, or on deposition, the party adducing the same may read and comment on it, either immediately after his opening, or after the vira voce evidence on his part has been concluded.

90. The Court may, it its discretion, if the interest of justice appear absolutely so to require (for reasons to be recorded in the minutes of proceedings), admit an affidavit in evidence, although it is shown that the party against whom the affidavit is offered in evidence had no opportunity of cross-examining the person making

affidavit, on such terms, if any, as seem just.

the

91. Documentary evidence must be put in and read, or takeu

as read by consent.

IN CHINA AND JAPAN,

Every document put in evidence shall be marked by the Court at the time, and shall be retained by the Court during the hearing, and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is impounded by order of

the

Court.

92. Where the evidence adduced at the hearing varies sub. Variance of evidea sa,

stantially from the allegations of the respective parties in the

pleading, it shall be in the discretion of the Court to allow the

93. The Court may allow such amendment on such terms as Amendments

pleadings

be amended.

the determination in the existing suit of the real question in controversy between the parties shall be made if duly applied for.

to adjournment, costs, and other things as seem just, so as to avoid surprise and injury to any party; but all amendments necessary for

fair trial

94. The Court may at the hearing order or allow, on such Pleauga prejur mag

terms as scem just, the striking out or amendment of any pleading that appears so framed as to prejudice, embarrass, or delay the fair trial of the real questions in controversy between the parties.

Judgment. 95. Decisions and judgments shall be delivered or read in open Publetty.

Court, in presence of the parties and their legal advisers. 96. If the judgment of the Court is reserved at the hearing, Summous to hear

parties to the suit shall be summoned to hear judgment, unless the judgruent. Court at the hearing states the day on which judgment will be delivered, in which case no summons to hear judgment shall be issued.

97. All parties shall be deemed to have notice of any decision Notre tu parties of

or judgment, if the same is pronounced at the hearing of the appli- judgment cation or suit.

All parties duly served with notice to attend and hear judgment shall be deemed to have notice of the judgment when pronounced.

98. A minute of every judgment, whether final or interlocutory, Minate of judgment,

shall be made, on which the decree or order may be drawn up on the application of any of the parties.

Special Case

verdict subject to

99. Any decision or judgment may be given, or verdict taken, Decision, judgment.

subject to a special case to be stated for the opinion of the Supreme special cases. Court.

Rehearing.

New

Trial.

100. The Court may, in any case, on such terms as seem just, General

order a rehearing or new trial, with a stop of proceedings.

power of Court

as to rehearing or

trial.

and deter-

Time for application

for new trini

101. An application for a new trial may be made mined on the day of hearing, if all parties are present, or on notice of motion, filed not later than 14 days after the hearing. Such notice shall not of itself operate as a stay of proceedings: but any money in Court in the suit shall be retained to abide the result of the motion or the further order of the Court.

After the expiration of such 14 days, an application for a new trial shall not be admitted, except by special leave of the Court, on such terms as seem just.

demanda jury for the second trial, though the

new

on new trist.

102.

order

for

rehearing

new

trial,

either

first

104.

103. granting a Where

The

Court

may,

if it

thinks

fit,

make

rehearing

new

trial

that

the

trial

shall

may was not witha jury.

condition with a jury.

party

Jury may be demanded

Court

may order

jury:

the

Supreme

Court,

appeal

from

Court

where

trial with a jury can

Court

below, it may

had,

thinks

fit

direct

a rehearing

direct that the second

trial

the shall be with a jury.

On appeal jury may be

ordered for second trial,

ᎭᏃ Ꭷôed

;

ᎭᏃ ᎧᏑed

Wased

Date of drerer er order.

Drawing up of stevenu <r order.

Certified FoqnES

ka purte orders.

Statement of time in deerce of urder.

immediate payment.

indorsement on deeree or order for money payment

er for other act.

Instalments.

How payment to be

made.

Enforcement of order

by or

against persons

not parties to suit.

KULES OF SUPREME COURT

Decrees and Orders.

105. A decree or order shall bear date of the day on which the decision or judgment, on which the decree or order is founded, is pronounced.

106. Decrees and orders shall be drawn up in form only on the application of some party to the suit, and shall then be passed, certified by the seal of the Court, and entered, and shall then form part of the record.

No decree or order shall be enforced or appealed from, nor shall any copy thereof be granted, until it has been so drawn up, passed, and entered.

107. Any party to the suit is entitled to obtain a copy of a decree or order. when drawn up, passed, and entered, such copy to be certified under the seal of the Court.

108. Where an order is made ea parte, a certified copy of the affidavit or deposition on which the order is granted must be served on the party affected by the order, together with the order.

109. Where in any suit or matter a decree or order directs any person to pay money or do any other act, the same or some subse quent decree or order shall state the precise time within which the payment or other act is to be made or done, reckoned from the date or from the service of the decree or order in which the time is stated, or from some other point of time, as seems fit.

110. A decree or order may direct the payment to be made, or act to be done, immediately after service of the decree or order, if, under special circumstances, the Court thinks fit so to direct.

111. Where the decree or order is one directing payment of money, there shall be endorsed on the copy of it served on the person required to obey it, a memorandum in the words, or to the effect, following

"If you, the within-named A.B., neglect to obey this decree **or order] by the time therein limited, you will be liable "to have a writ of execution issued against your goods, “under which they may be seized and sold, and will also be liable to be summoned by the Court, and to be examined "as to your ability to make the payment directed by this decree [or order], and to be imprisoned in case of your

“not answering satisfactorily."

112. Where the decree or order is one directing some act to be done other than payment of money, there shall be indorsed on the copy of it served on the person required to obey it, a memo- randum in the words, or to the effect, following

"If you, the within-named A.B., neglect to obey this "decree [or order] within the time therein limited, you will be liable to be arrested under a warrant to be issued "by the Court, and will also be liable to have your property sequestered, for the purpose of compelling you to obey

"this decree [or order].”

113. A decree or order may direct that noney directed to be paid by any person be paid by such instalments as the Court thinks

fit.

114. All money directed by any decree or order to be paid by any person, shall be paid into Court in the suit or matter, unless the Court otherwise direct.

115. Every person not being a party in any suit, who obtains an order, or in whose favour an order is made, is entitled to enforce obedience therete by the same process as if he were a party to the suit.

IN CHINA AND JAPAN.

And every person not being a party to any suit against whon. obedience to any order may be enforced, is liable to the same process for enforcing obedience to such order as if he were a party to the suit.

Execution of Decrees and Orders,

116. A person directed by a decree or order to pay money, or do Obedience without

any other act, is bound to obey the decree or order on being duly served demand made. with it, and without any demand for payinent or performance.

117. Where the decree or order is one directing payment of Excent: scamst gouda,

money, and the person directed to make payment refuses or neglects to

do so according to the exigency of the decree or order, the person pro- secuting the decree or order shall be entitled to apply to the Court for execution against the goods of the disobedient person.

118. Where a decree or order directs payment of money by instal- lastiments

ments, execution shall not issue until after default in payment of some justalment according to the order: aud execution, or successive execu. tions, may then issue for the whole of the money and costs then re- maining unpaid, or for such portion thereof as the Court orders, either at the time of making the original decree or order or at any sub- sequent time.

Stay of Execution.

other suit.

119. The Court may, if under the circumstances of any case it Power to stay, pendioz

think fit, on the application of a defendant, and on such terms as seem just, stay execution of a decree or order peuding a suit in the same or any other Court in which that defendant is plaintiff, and the person who has obtained such decree or order is defendant.

Seizure and Sale of Goods.

120. The Court shall, unless it sees good reason to the contrary, Warrant of execution

on the application of the person prosecuting the decree or order, issue against goods. under the seal of the Court a warrant of execution, directed to a proper Officer, who shall be thereby empowered to levy the money ordered to be paid (with the costs of execution) by distress and sale of the goods of the disobedient person, wheresoever found within the

jurisdiction.

particular

121. The Officer executing the warrant may by virtue thereof Wint way be seized.

seize any of the goods of the person against whom execution issues

(except the wearing apparel and bedding of himself or his family. and the tools and implements of his trade, to the value of 25 dollars, which shall to that extent be protected from seizure,) and may also seize any money, bank notes, cheques, bills of exchange, promissory

bonds, or securities for money, belonging to him.

notes,

dealt with.

122. The Court shall hold any cheques, bills of exchange, pro- How bills, notes, and missory notes, bonds, or securities for money so seized, as security for other securities to be

amount directed to be levied by the execution, or so much thereof

as is not otherwise levied,

decree or order,

the

for

the benefit of

the

who

may

sue in

the

person name of the person against

prosecuting

whom

any person in whose name

for

the

recovery

payable

when

the

the time of payment

money secured or made arrives.

execution issues, or in the name of

he might have sued,

thereby

123. The sale of goods seized in execution shall be conducted sale.

under the order of the Court, and by a person nominated by the Court, but no steps shall be taken therein without the demand of the person prosecuting the decree or order, who shall be liable for any damage

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►øverse claims to

good# seized,

When sale to be made:

Castley in mirantini.

Feturn of warrant,

Thawelt before sale

Neg' et, connivance, or CHLAFS:CD of officers.

In what cases,

Examnation.

RULES OF SUPREME COURT

that ensues from any irregularity or from any improper or illegal pro- ceeding taken at his instance.

124. The Court shall not order any goods to be sold unless

satisfied prima facie, that they belong to the person against whot execution is issued, and are in a place where the Court has the right to exercise jurisdiction.

Where a claim is made by a third party to goods seized in execu tion, the same, if made by a British subject, shall be decided by the Court on summons, and in a summary way, as between the claimant and the person prosecuting the decree or order.

If the claim is made by a foreigner, the Court shall either oblige the person prosecuting the decree or order to establish his claim before selling the goods, or allow him to sell the goods and defend any claim, as appears just.

125. A sale of goods seized in execution shall not be made until after the end of five days at least next following the day of seizure, unless the goods are of a perishable nature, or on the request in writing of the person whose goods have been seized; and until sale the goods shall be deposited by the officer in some fit place, or they may remain in the custody of a fit person approved by the Court and put in possession by the officer.

126. Every warrant of execution shall be returned by the officer,

who shall certify thereon how it has been executed.

127. In or on every warrant of execution the Court shall cause to be inserted or indorsed the sum of money and costs adjudged, with the sums allowed as increased costs for the execution of the warrant; and if the person against whose goods execution is issued before actual sale of the goods, pays, or causes to be paid into Court, or to the officer holding the warrant, the sum of money and costs adjudged, or such part thereof as the person entitled thereto agrees to accept in full satisfaction thereof, together with all fees, the execution shall besuper- seded and the goods seized shall be discharged and set at liberty.

128. In case any officer of the Court, employed to levy any execution, by neglect, conuivance, or omission loses the opportunity of levying the same, then on complaint of the person aggrieved, and on the fact alleged being proved on oath to the satisfaction of the Court, the Court may order the officer to pay such damages as the person complaining appears to have sustained thereby, not exceeding in any case the sum of money for which the execution issued ; and the officer shall be liable thereto; and on demand being made thereof, and on his refusal to pay the same, payment thereof shall be enforced as any decree or order of the Court directing the payment of money.

Summons to Judgment Debtor.

129. Where a decree or order directing payment of money re- mains wholly or in part unsatisfied (whether a warrant of execution has issued or not,) the person prosecuting the decree or order may apply to the Court for a summons, requiring the person by whom payment is directed to be made to appear and be examined respecting his ability to make the payment directed, and the Court shall, unless it sees good reason to the contrary, issue such a summons.

130. On the appearance of the person against whom the summons is issued, he may be examined on oath by or on behalf of the person prosecuting the decree or order, and by the Court, respecting his ability to pay the money directed to be paid, and for the discovery

IN CHINA AND JAPAN.

e may have made of any property.

property applicable to such payment, and as to the disposal which

He shall be bound to produce, on oath or otherwise, all books, apers, and documents in his possession or power, relating to pro- erty applicable to such payment.

He may be examined as to the circumstances under which he ntracted the debt or incurred the liability in respect of which the ayment of money is by the decree or order directed to be made, ail as to the means or expectation he then bad of paying the debt

r discharging the liability.

He shall be bound to sigu his examination when reduced into

writing.

Whether the person summoned appears or not, the person rosecuting the decree or order, and all other witnesses whom the Court thinks requisite, may be examined on oath or otherwise re- secting the matters aforesaid.

The Court may, if it thinks fit, adjourn the hearing of the sum- ons from time to time, and require from the person summonsed sach security for his appearance at the adjourned hearing as seems it. and in default of his finding security, may, by warrant, commit im to prison, there to remain until the adjourned hearing, unless

soner discharged.

131. In any of the following

(i.)

cases,—

If it appears to the Court by the examination of the person summoned, or other evidence, that he then has or since the making of the decree or order has had sufficient means to pay the money directed to be paid by him, and he refuses or

neglects to pay the same according to the decree or order; or (ii.) That, with intent to defraud his creditors, or any of them, he has made or suffered any gift, delivery, or transfer ofany property, or changed, removed or concealed any property; or (iii.) That the debt or liability in question was contracted or incurred by him, by or by reason of fraud or false pretence,

(iv.)

or breach of trust, committed by him; or

That

was

forbearance thereof obtained by him by fraud

or false pretence; or (v.) That the debt or liability was wilfully contracted or incurred by him without his having had at the same time

a reasonable expectation of being able to pay or discharge it; or

(vi.) Was contracted or incurred by him by reason

of any

prosecution or proceeding wherein he was found guilty any crime or offence, or by reason of any proceeding for libel, slander, assault, battery, adultery, seduction, breach of promise of marriage, inalicious arrest, malicious or frivolous and vexatious prosecution, malicious trespass, injury, or the malicious filing or prosecution

malicious

ofa petition for adjudication of insolvency or bankruptcy,— then and in such case the Court may, if it thinks fit, order that the

prison any time for his commitment British prison, for the detention of a debtor in custody except the prison of

Commitment

person

summoned

forty

days,

and

182.

places

where

be committed may issue a warrant

there

for

not exceeding

accordingly.

is no

other place Place of imprisonment, the Chinese

or Japanese authorities, the Court shall not commit the debtor, if it appears that the last-mentioned prison is unfit, regard being

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based

ᎭᎭᏃ Ꭷôed

ШЕ

ᎭᎭᏃ ᎧᏑed

Expenses of maintenance

Effect of imprisonment

Discharge from prison on payment.

Rescinding or variation of order for payment

Warrant of execution or commitment, where to be executed.

In what essen

Warrant

RULES OF SUPREME COURT

had to the requirements of health and decency, for the confinem.... of a British subject under civil process.

183. The expenses of the debtor's maintenance in prison mus be defrayed in the first instance by the person prosecuting the decre or order, and may be recovered by him in such manner as the Cou

directs.

Such expenses shall be estimated by the Court, and shail

paid at such times and in such manner as the Court directs. In default of payment the debtor may be discharged if the Cour

thinks fit.

134. Imprisonment under such a warrant does not operate a a satisfaction or extinguishment of the debt or liability to which the decree or order relates, or protect the person imprisoned from being anew summoned and imprisoned for any new fraud or other defauf rendering him liable to be imprisoned, or deprive the persou pr... secuting the decree or order of any right to have execution agains his goods, as if there had not been such imprisonment.

135. Any person so imprisoned, who pays the money by th decree or order directed to be paid, or the instalments thereof payable, and costs remaining due at the time of his commitment, and all su!.. sequent costs and expenses, shall be discharged out of custody.

136. On the hearing of any such summons as aforesaid, th Court, if it thinks fit, whether it makes any order for the commitmen: of the person summoned or not, may rescind or alter any decree or order previously made against him for the payment of money b instalments or otherwise, and make any further or other order, eithe for the payment of the whole thereof forthwith, or by any instalments. or in any other manner as the Court thinks reasonable and just.

Execution out of Jurisdiction.

137. Ordinarily a warrant of execution or commitment shall not be executed out of the particular jurisdiction, except under an order made for that purpose, on the request of the Court issuing the warrant, by the Court within whose jurisdiction it is to be executed, which Court may take such steps as if it had originally issued the warrant, but shall ultimately send any money produced by the execution or the person apprehended (as the case may be) to the Court from which the warrant issued, to be there dealt with according to

law. But where the urgency or other peculiar circumstances of the case appear to the Court issuing the warrant so to require, the Court (for reasons to be recorded in the minutes of proceedings) may order it to be executed out of the particular jurisdiction, and it may be so executed accordingly.

Arrest.

138. Where the decree or order is one directing some act to be done other than payment of money, and the person directed to do the act refuses or neglects to do it according to the exigency of the decree or order, the person prosecuting the decree or order shall be entitled to apply to the Court for a warrant of arrest against the

disobedient person.

139. The Court shall, unless it sees good reason to the contrary, on the application of the person prosecuting the degree or order, issue, under the seal of the Court, a warrant of arrest directed to a prope officer, who shall be thereby empowered to take the body of the disobedient person, and detain him in custody until further order.

IN CHINA AND JAPAN.

Sequestration.

140). In case the person against whom the warrant of arrest in what

Issues is not and cannot be found,— -or is taken and custody under the warrant without obeying the decree or then the person prosecuting the decree or order shall be

an order of sequestration against his property.

Commitment for Disobedience.

detained in order,— entitled to

141. Where any person over whom the Court has jurisdiction is in what crazi

guilty of wilful disobedience to a decree or order, the person prosecu- ting the decree or order shall be entitled to apply to the Court for an

The

order on the disobedient person to show cause punished for the disobedience. The Court, unless it to the contrary, shall on such application make Court shall not grant the order except establishing such a case, as if uncontradicted and

why should sees good reason order accordingly.

evidence

not

on oath unexplained would

justify the

immediate

commitment

the

disobedient

person.

A certified copy of the affidavit or deposition on which the order

is granted shall be served on the party to whom the order is directe-i

together with the order, and he may file counter affidavits. 142. On the return day of the order, if the person to whom it is Warrant

directed does not attend, and does not establish a sufficient excuse for not attending, and if the Court is satisfied that the order has been duly served,- -or if he attends and does not show cause to the satisfac. of the Court why he should not be punished for the disobedience.

-the Court may issue a warrant for his commitment to prison. The Court may enlarge the time for the return to the order, or

tion

may, on the return of it, and under circumstances which would strictly justify the immediate commitment of the person guilty of the disobedience, direct that the warrant for his commitment shall issue only after a certain time, and in the event of his continued disobedience time to the decree or order, in respect of which he has been

at that

guilty

disobedience.

143.

A person committed for disobedience to a decree or order is Duration of detention,

liable to be detained in custody until he has obeyed the decree or order in all things that are to be immediately performed, and given such security as the Court thinks fit to obey the other parts of the decree or order (if any) at the future times thereby appointed,—or in case of his no longer having the power to obey the decree or order, then until he has been imprisoned for such time or until he has paid such fine as the Court directs.

VI.-INTERLOCUTORY PROCEEDINGS.

144. Interlocutory applications may be made at any stage of a Form of interlocutory

suit or proceeding,

They shall be made either by motion or on application for a

summons,

Motions.

application.

145. Motions must be reduced to writing in the terms of the Motion-paper.

order sought from the Court; and a motion shall not be entertained the Court a written motion paper

until the party moving has filed

distinctly stating the terms of the order sought (Form 8).

The motion may in its terms

ask

for

order

directing more

than one thing

may

also

be in an alternative form,

to be done, and asking that one or another order be made, so only that the whole order sought be therein substantially expressed.

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ᏙᎭᏃ ᎧᎥed

ᎭᏃ Ꭷôed

ᎭᏃ Ꭷied

ᎭᏃ ᎧᎥed

Ividere.

Mener in Court.

TEEN WERDE,

Seria el molient,

Šppiestuen ez porte.

Crder os motion

Varying or discharge

al order.

RULES OF SUPREME COURT

If the motion-paper contains any matter by way of argument or ther matter except the proper particulars of the motion itself, the Court shall direct the motion-paper to be amended, and shall make no other order thereon, until it is amended accordingly, by the strik ing out of such argument or other matter.

There shall be filed with the motion-paper all affidavits on which

the person moving intends to rely.

No other evidence can be used in support of the motion

by leave of the Court.

except No paper accompanying the motion-paper other than an affidavit

shall be received.

146. The person filing the motion-paper may then either move the Court while sitting, and on such days and at such times, if any, as are by the regulations of the Court appointed for hearing motions or in cases of urgency at any time while the Court is sitting, and not engaged in hearing any other matter,—or send a written request to the Court for an order according to the motion-paper, with such argument stated in writing in support of his motion as he thinks fit.

147. All motions shall be made ex parte in the first instance, unless

the Court gives leave to give a notice of motion for a certain day.

148. On a motion ex parte the party moving shall apply for either an immediate absolute order of the Court in the terms of the motion-paper on his own showing and evidence, or an order to the other party to appear on a certain day and show cause why an order should not be made in the terms of the motion-paper.

Any party moving in Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence by the affidavits filed in support of the motion: and no party to the suit or proceeding, although present, other than the party moving, shall be entitled to be then heard.

149. On a motion coming on the Court may allow the motion.

paper to be amended.

It may allow additional evidence to be produced by affidavit or

depositions.

It may direct the motion to stand over.

It may refuse the motion.

It may make an order in terms of the motion.

Where an immediate order absolute is asked, and the right

hereto clearly appears, it may grant such order.

It may grant an order to show cause why the order sought

should not be made.

It may allow a motion on notice to be made.

If the motion, as originally framed, or as amended, is substantially divisible into two or more parts, it may divide the same, and deal in different ways with the separate parts thereof, as the case may require. If it appears to the Court on the evidence adduced in support of the motion, or on any additional evidence which the Court permits to be adduced in support thereof, that the party moving is entitled to an order absolute, or to show cause different from the order asked, and the party moving is willing to take such different order, the Court may so order accordingly.

If he is not willing to take such different order, the Court shall

refuse the motion,

150. Where an order is made on a motion ex parte, any party affected by it may, within seven days after service of it, apply to the

IN CHINA AND JAPAN.

Court by motion to vary or discharge it; and the Court, on notice to He party obtaining the order, either may refuse to vary or discharge or may vary or discharge it with or without imposing terms as to

sts or security, or other things, as seems just.

Orders to show cause.

151. An order to show cause shall specify a day when cause is Return day

be shown, to be called the return-day to the order, which shall

rdinarily be not less than four days after service.

A person served with an order to show cause may, before the Counter affidavits,

eturn-day, file affidavits in order to contradict the evidence used in

taining the order, or setting forth other facts on which he relies,

to induce the Court to discharge such order.

On the return-day, if the persons served do not appear, in person Proceedings on

or by counsel or attorney, and it appears to the Court that the service day.

n all proper parties has not been duly effected, the Court may enlarge

he time and direct further service, or make such order as seems just. appear, or the Court is satisfied that service

If the persons served proper parties has been duly effected, the Court may proceed

all with the matter.

The Court may either discharge the order,-or make the same

thsolute,—or adjourn the consideration thereof,— ‚—or permit further davits to be filed in support of or against the order,—and may modify the terms of the order so as to meet the merits of the case, -and wake the order so modified absolute, and may, if the

may order against which cause is shown is substantially divisible into two or more parts, divide the same, and deal in different ways with he separate parts as seems fit; and the Court, as part of its order, may impose terms as to costs or other things on the parties, or any

them, as seems just.

Summons.

152. An interlocutory application for a summons need not be application for.

made in writing, but may be made in person either by the applicant himself, or by his counsel or attorney.

If the Court considers that a summons ought to be granted, it contents of

may issue a summons ordering the person to whom it is directed to attend at the time and place specified therein, either in person or by counsel or attorney, and briefly but distinctly setting forth the nature

of the particular

application.

The summons shall be headed in the suit or other proceeding.

day.

On the return-day of the summons, if the person to whom the Proceedings ou

summons is directed attends, or in his absence on proof of service, he Court may, on the application of the person obtaining the immons, consider and deal with the application in a summary way. The Court shall take a note of the material evidence, if taken

cirâ voce.

The Court may adjourn the hearing of any summons when

Jecessary.

VII.-APPEAL TO SUPREME Court. I.—In General.

153. An appeal does not lie from au order made ex parte. Any person aggrieved by such an order must apply to the Court

by which

it is made to vary or discharge

it.

Ex parte orders.

eturn.

return.

154. Application for leave to appeal must be made to the Court Time for application for

whose decision is to be appealed from, by motion, ex parte, ordinarily leave.

within seven days after the decision to be appealed from is given, but

afterwards by special leave of the Court,

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ᏭᎭᏃ ᎧᎥed

9ᎭᏃ Ꭷôed

ᎭᏃ Ꭷôed

Execution of decree or ɔrders pending appeal.

Security.

Esave to appeal, when

Appeal by plaintiffs:

by defendants,

Personal appearance

Evidence

Original documents.

Limitation of time

for appeal

RULES OF SUPREME COURT

155. If leave to appeal is applied for by a person directed b decree or order to pay money, or do any other act, the Court belov shall direct either that the decision appealed from be carried into exe cution, or that the execution thereof be suspended pending the appea as the Court considers to be in accordance with substantial justic If the Court directs the decision to be carried into executio..

the person in whose favour it is given shall, before the execution it, give security to the satisfaction of the Court for the due perfor ance of such order as the Supreme Court may make.

If the Court directs the execution of the decision to be suspende pending the appeal, the person against whom the decision is give shall, before any order for suspension of execution, give security t the satisfaction of the Court for the duc performance of such ord as the Supreme Court may make.

In all cases security shall also be given by the appellant to th satisfaction of the Court, to an amount not exceeding 250 dollars. for the prosecution of the appeal, and for payment of all fees an charges in the Court below and in the Supreme Court, and of all suci. costs as may be awarded to any respondent by the Supreme Court If the last-mentioned security is given within fourteen days afte motion made for leave to appeal, then, and not otherwise, the Cour below shall give leave to appeal, and the appellant shall be at liberty to prefer and prosecute his appeal accordingly.

In any case other than the cases herein before described, the Court below, if it considers it just or expedient (for reasons to be recorded in the minutes of proceeding) to do so, may give leave to appeal on the terms and in the manner aforesaid.

156. Where there are more plaintiffs than one an appeal cauno:

be prosecuted except by all the plaintiffs jointly.

Where there are more defendants than one, any one or more of them may prosecute an appeal separately; but defendants severing in appeal do so at the risk of costs if the severance is improper. 157. The Supreme Court may require any party to an appeal to appear personally before it on the hearing of the appeal, or on any occasion pending the appeal: otherwise personal appearance sbal

not be requisite. 158. It is not open, as of right, to any party to an appeal to adduce new evidence in support of his original case; but a party may allege any facts essential to the issue that have come to his knowledg after the decision of the Court below, and adduce evidence in support of such allegation; and for the furtherance of justice the Supreme Cour may, where it thinks fit, allow or require new evidence to be adduced. 159. The Court below shall not, except for some special cause. take upon itself the responsibility of the charge or of the transmission to the Supreme Court of original letters or documents produced in evidence in the suit.

Such original letters and documents shall be returned to the respective parties producing the same, and only copies thereof duly certified shall be transmitted in the appeal record.

The respective parties must, however, be prepared to produce the originals, if required by the Supreme Court, before or at the hearing of the appeal.

160. After the expiration of six months from the date of decree or order, leave to appeal against it shall not be given by s

Provincial Court.

Application for leave to appeal must in that case be made to the Supreme Court, which shall grant such leave if, on consideration of all

IN CHINA AND JAPAN.

Le circumstances of the case, it appears just and expedient than an

ppeal should be allowed, but not otherwise, and inay impose such

rms as to security and other things as seem just. aards, with respect to which a right of appeal is given by the Order Rules. The foregoing Rules apply to suits for 250 dollars or up- Appleation of foregom,

Council under which these Rules are framed, and shall also be

161.

plied, as far as may be, mutatis mutandis, in cases where special

are to appeal is applied for to a Provincial or the Supreme Court. from a decree or order made at the hearing of Appear petitions Motior

appeal

suit shall be made by petition.

162.

Other appeals shall be made by "II.—From Decrees or Orders at Hearing.

appellant must file his petition of

motion.

163. The

appeal in the Court Appeal petition Time

-low within fourteen days after leave to appeal is given.

for biling.

164. The petition of appeal shall contain an exposition of the Contents.

ad by

and

pellant's case as supported by evidence already before the Court, the record as it stands, may not refer to any matter of act not appearing by such record or evidence, or which may not by rgument and inference be fairly deduced therefrom.

which

It shall set forth the grounds of appeal, and the particulars in

the decree or order appealed from is considered by the appel- ant to be erroneous or defective, and shall pray that the same may be reserved or varied, and that the Court above may make the particular order to which on the record and evidence as it stands the ppellant conceives himself entitled, or such other order as the Court

thinks just. It may contain any matter by way of argument in support of

he appeal.

165. The petition of appeal shall be served on such persons as Service.

the Court directs.

166. Any person on whom the petition of appeal has been served Respondent s answer

may, within fourteen days after service, file in the Court below an answer to the petition of appeal. The answer shall contain an exposition of the respondent's case 4s supported by the evidence already before the Court, and by the record as it stands, and may not refer to any matter of fact not «ppearing by such record or evidence, or not by argument and in- erence fairly deducible therefrom.

It shall simply conclude with a demand that the appeal be

lismissed.

may contain any matter by way of argument against the

Appeal. 167. Copies of the answer shall be furnished by the Court to Copies furnished.

such persons as it thinks fit.

168. All matter of objection to any appeal, as being out of time, Objections in answer

on or any grounds other than on the merits of the case itself, must be ubstantially raised by the party desiring to rely thereon, in and by he answer to the petition of appeal, and if not so raised, or where no answer is put in, no such objection shall be permitted to be raised at the hearing of the appeal.

169. The absence of an answer shall not preclude any person Effret of not answering..

Interested in supporting the decree or order from supporting the same on the merits at the hearing of the appeal.

170. On the expiration of the time for answering, the Court Record of appeal.

elow shall, without receiving any further pleading in appeal, make up the record of appeal, which shall consist of (1) the petition, pleadings, orders, and proceedings, and the decree or order in the

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Power of Supreme Court over suit in which appen!

is pending.

Power of Supreme Court to remit the case or otherwise proceed in it.

Pay for hearing.

Appearance by counsel or attorney.

Appeal motion.

Respondent's argument,

Record of appeal.

RULES OF SUPREME COURT

suit, (2) a copy of all written and documentary evidence admitte or tendered, and of the notes of the viva voce evidence, (3) the petition or petitions of appeal, and (4) the answer or answers thereto. The whole record shall be fastened together, the several piece. shall be numbered, and the whole shall be secured by the seal of the Court below.

171. After the record of appeal has been made up, and until th appeal is disposed of, the Supreme Court shall be deemed in posse sion of the whole suit as between the parties to the appeal.

Every application in the suit shall be made to the Supreme Court

and not to the Court below, but any application may be made throug the Court below.

172. The Supreme Court may from time totime make such order, as seem necessary for determining the real questions in controvers between the parties, and for that purpose may, as between th parties to the appeal, amend any defects, or errors in the record of appeal,-and may direct the Court below to inquire into and certif its finding on any question as between such parties, or any of them. which it may be necessary or expedient to determine before fina judgment in the appeal, and generally shall, as between the partie to the appeal, have as full and ample jurisdiction over the whole sur as if the same had been instituted and prosecuted in the Suprem- Court itself as a Court of first instance, by parties subject to it ordinary original jurisdiction,-and may rehear the whole case,—o may remit it to the Court below to be reheard, or to be otherwise deal! with as the Supreme Court directs.

173. The Supreme Court shall, on receiving the record of a appea

fix a day for the hearing thereof.

Such day shall be fixed as will allow of the Court giving notic: thereof through the Court below to the parties to the appeal, and a will allow of the parties attending either in person or by counsel o attorney, if they or any of them desire to do so.

174. In case all the several parties to an appeal appoint person at the place of sitting of the Supreme Court to represent them a their respective counsel or attorney in the matter of the appeal, and cause the same to be notified to the Supreme Court, the Court shali allow the appeal to be set down in the general hearing list at once. and shall proceed to dispose of the appeal in its turn without further notice to the parties or any of them; and the respective representa tives of the parties shall be bound to watch for and take notice of the day for the hearing of the appeal.

III.—Not from Decrees or Orders at Hearing,

175. The appellant shall file his appeal motion-paper in the

Court below within seven days after leave to appeal is given. He may at the same time file in the Court below any argumen he desires to submit to the Supreme Court in support of the appea The motion-paper and the argument (if any) shall be served on

such persons as the Court directs.

176. Any person so served may, within seven days after service. file in the Court below any argument he desires to submit to the Supreme Court against the appeal.

Copies of such last-mentioned argument (if any) shall be

furnished by the Court below to such persons as it thinks fit.

177. On the expiration of the time for filing such last-mentioned argument, the Court below shall make up the record of appeal, which

IN CHINA AND JAPAN.

hall consist of (1) the petition and such portion of the pleading», urders, proceedings, and evidence as relate to the particular decision pealed from, with (2) the appeal motion-paper and any argument

filed. shall be made up as on appeal from a decree.

or arguments The record

178. The Court shall not cause notice to be given to the parties Notes to partn

of the day when the appeal motion will be disposed of, unless under special circumstances it thinks fit to do so. But when any party to the appeal motion notifies to the Supreme Court his desire to attend in person, or by counsel or attorney, when the motion is being disposed of, he shall be at liberty to do so, and the Court shall hear him, or his counsel or attorney. before disposing the motion.

VIII. SUMMARY ORDERS BEFORE SUIT.

179. Where the extreme urgency or other peculiar circumstances in what a991,

of the case appear to the Court so to require, the Court may on evidence

on oath, without a petition having been previously presented, make parte an order of injunction, or an order to sequester money or

goods,—or to stop a passport,—or the clearance of a ship,— to bail.

-or to hold 180. Before making such an order the Court shall require the Revogarias

person applying for it to enter into a recognizance (with or without a surety or sureties as the Court thinks fit), signed by the party applying (and his surety or sureties if any), as a security for his being answerable in damages to the person against whom the order is sought, or to give such other security for that purpose by deposit or otherwise as the Court thinks fit.

181. Any such order shall not remain in force more than 24 Duration of orätt,

hours, and shall at the end of that time wholly cease to be in force obtaining the order. unless within that time a suit is regularly instituted by the person

Any such order shall be dealt with in the suit as seems just.

182. An order to hold to bail shall state the amount (including Arrest and other pro

osts) for which bail is required.

It shall be executed forthwith.

The person arrested under it shall be entitled to be discharged froin custody under it on bringing into Court the amount stated in the order, to abide the event of any suit instituted, or ou entering into a recognizance, (with or without a surety or sureties as the Court thinks fit), signed by him (and his surety or sureties if any), as a security that he will abide by and satisfy any decree or order of the Court in any suit instituted, or on giving such other security for that purpose by deposit or otherwise as the Court thinks fit. The person arrested shall be liable to be detained in custody under the order for not more than seven days, if not sooner discharged; but the Court may, from time to time, on evidence on oath, renew the order, so, however, that no person be kept in custody under any such order, and renewed order or orders, for a longer time in the whole than thirty days.

IX.—PROBATE AND ADMINISTRATION.

Deposit of Will in Lifetime.

ceedings under ora to hold to bail.

will,

183. Any British subject may in his lifetime deposit for safe Terator may deposit

custody in the Supreme or other Court his own Will, sealed up under his own seal and the seal of the Court.

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Cez,uiscry production

[ { " + $* & [ + ]tary poper,

KULES OF SUPREME COURT

Proceedings on Death.

184. The Supreme Court and every other Court shall endeavour To obtain, as early as may be, information of the death of every British subject dying within the particular jurisdiction, and all such informa tion respecting the affairs of the deceased as may serve to guide th Court with respect to the securing and administration of his property

On receiving information of the death of a British subject th Court shall put up a notice thereof at the place where its sittings are ordinarily held, and shall keep the same there until probate or administration is granted, or where it appears to the Court that probate or administration will not be applied for, or cannot be granted, for such time as the Court thinks fit. 185. Where it is shown to the satisfaction of the Supreme or other Court, that any paper purporting to be testamentary is in the possession or under the control of any person, the Court may, summary way, whether a suit or proceeding as to probate or administration is pending or not, order him (Form 24) to produce and bring into Court such paper.

in a

Where it appears to the Supreme or other Court that there are reasonable grounds for believing that any person has knowledge of any paper testamentary, (although it to the satisfaction of the Court that the paper is in his possession

purporting

not shown or under his control), the Court may, in a summary way,-whether

a suit or proceeding for probate or administration is pending or not,

in the Court, and had made

-order him to attend for the purpose of being examined respecting the same in open Court, or on interrogatories, and after examination to produce the paper and bring it into Court. Any person failing to attend or to be examined or to produce and bring in the paper accordingly, shall be liable to the same consequence as he would be liable of if he were a party to a suit

like default.

Net.ce to executors to

186. The Court may of its own motion, or on the application of any person claiming an interest under a will, give notice to the executor or executors (if any) therein named, to come in and prove the will or to renounce probate; and the executors or executor so named, or some or one of them, must within fourteen days after notice come in and prove or renounce accordingly.

Come in and preve,

Time after death when

I.-Probate or Administration in General.

187. Probate (Form 13) or letters of administration with Will pretate or administration annexed (Form 14) shall not issue until after the lapse of seven days from the death of the deceased, except under the direction of the Judge of the Supreme Court, or in case of great urgency.

may be granted.

Application after three years.

Grant by Supreme on request of Provincial Court.

Letters of administration (not with Will annexed) shall not issue (Form 15) until after the lapse of fourteen days from the death of the deceased, except under the direction of the Judge of the Supreme Court, or in case of great urgency.

188. Where probate or administration is, for the first time, applied for after the lapse of three years from the death of the deceased, a grant shall not be made except under the direction of the Judge of the Supreme Court. 189. In any case a grant of probate or administration may be made by the Supreme Court, wheresoever in China or Japan the deceased had at the time of his death his place of abode; but where the deceased had at the time of his death his fixed place of abode in the district of a Provincial Court, the application for the grant shall

IN CHINA AND JAPAN.

not be entertained by the Supreme Court, except on the request of

The Provincial Court.

Supreme to Provincial

rant or the application for it, or it appears to the Provincial Court cas, directions of 190. Where any dispute or question arises in relation to the Indisputed or doubtful

oubtful whether or not the grant should be made, the Provincial Court.

Court shall communicate with the Judge of the Supreme Court, who shall either direct the Provincial Court to proceed in the matter wcording to such instructions as the Judge thinks fit, or may direct hat no further proceeding be taken in the matter by the Provincial

Supreme Court, but that any party concerned may apply for a grant to the

Court

itself."

191. The Provincial Court, before proceeding in the matter of Evidence to lound my application, shall take care to ascertain that the deceased had at Provincial Court.

he time of his death his fixed place of abode in the district of the Court, and shall not for this purpose consider itself bound to rest satisfied with such evidence as is offered by the person applying for the grant.

jurisdiction of

192. The Court shall, where it deems it necessary, require proof, Identity.

in addition to the oath of the executor or administrator, of the

identity of the deceased or of the party applying for the grant.

193. The Court shall take care to ascertain the value of the value of property.

roperty of the deceased as correctly as circumstances admit.

Court's inquiries

194. In no case shall the Court allow probate or letters of Satisfactory answers to

administration to issue until all inquires which it sees fit to institute before grant have been answered to its satisfaction.

The Court shall, however, afford as great facility for the obtaining

of probate or administration as is consistent with due regard to the

revention of error and fraud.

195. In the following cases of probate or administration, a Cases in whic! Judge of

grant shall not issue except from the Supreme Court under the Supreme Court alone

mediate direction of the Judge, namely:,

Probate, or administration with will annexed, where the will was executed before the 1st day of January, 1838, and there is no testamentary paper of a later date than the 31st day of December, 1837:

Probate, or administration with will annexed, the will being simply an execution of a special power, or being the will of a married woman made by virtue of a power:

Administration for the use or benefit of a minor or infant, or

a lunatic or person of unsound mind:

Administration (with or

without will annexed) of the property of a bastard dying a bachelor or spinster, or dying a widower or widow without issue, or of a person dying without known relative:

Limited administration :

Administration to be granted to a person not resident within

China or Japan.

may make grant,

196. Revocation or alteration of a grant of probate or Revocation or alteration

administration shall not be made except by the Supreme Court, under of grant. the immediate direction of the Judge.

197. A notice to prohibit a grant of probate or administration Notice to prohibit

(Form 28) may be filed in the Supreme Court, or in any Provincial grant.

Court.

Immediately

on such a notice being filed in the Supreme Court,

4 copy thereof shall be sent to the Court of the district (if any) in which it is alleged the deceased had at the time of his death his

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Notier in nature vi citatious

Procedure in suits for probate or administration.

Custody of original wills.

Official copies and ceruidvates,

Hall-yearly returns trom Provincial to Supreme Court

Interpretation of “the proper Offices,"

Examination of will

as to mode to execution.

RULES OF SUPREME COURT

fixed place of abode, and to any other Court to which it appears to the Judge of the Supreme Court expedient to send a copy.

Immediately on such a notice being filed in a Provincial Cour the Court shall send a copy thereof to the Supreme Court, and als to the Court of any other district in which it is known or alleg. the deceased had at the time of his death a place of abode.

Such a notice shall remain in force for three months only from

the day of filing; but it may be renewed from time to time.

Any such notice shall not affect any grant made on the day 61 which the notice is filed, or on which a copy of the notice is receive. as the case may be.

The person filing such a notice shall be warned by a warning in writing, under the seal of the Court (Form 29), being delivere at the place mentioned in the notice as the address of the person filing the notice.

After such a notice has been filed in a Provincial Court, or afte: a copy of such a notice has been received by a Provincial Court (as the case may be,) the Provincial Court shall not make a grant of probate or administration, but any grant shall be made only by the Supreme Court, under the immediate direction of the Judge.

198. Notices in the nature of citations shall be given b publication in such newspapers, or in such other manner as the Court, in each case, directs.

199. Suits respecting probate or administration shall instituted and conducted as nearly as may be in the same manne as suits for claims of 100 dollars and upwards.

200. All original wills, of which probate or administration wit will annexed is granted, shall be filed and kept in the public office of the Supreme or other Court from which the grant issues, in such manner as to secure at once the due preservation and the convenient inspection of the same; and no original will shall be delivered out for any purpose without the express and special direction in writing of the Judge of the Supreme Court.

An official copy of the whole or of any part of a will, or a official certificate of a grant of administration, may be obtained from the Supreme or other Court where the will has been proved or the administration granted, on payment of the proper fees.

201. On the first day of February and the first day of August in every year, every Provincial Court shall send to the Suprem Court,→→

A list (Form 30) of the grants of probate and administration made by it up to the last preceding first day of January and first day of July respectively, and not included in any previous list.

And, also, a copy, certified by the Provincial Court to be a correct copy, of every will to which any such probate or administration relates.

II.-Probate and Administration with Will Annexed. 202. In the following rules respecting probate and administratio the expression "the proper officer" means,-as to the Provinces, the Consul-General, Consul, or Vice Consul holding and forming 3 Court; as to the Supreme Court, such one of the officers attached thereto, as for the time being acts in matters of probate and administration by the authority and under the direction of the Judge

203. On receiving an application for probate or foradministration with will annexed, the proper officer must inspect the will, and seż

IN CHINA AND JAPAN.

whether it appears to be signed by the testator, or by some other person in his presence and by his direction, and subscribed by two witnesses, according to the provisions of the Acts of Pariament, 7 Will. 4, & 1 Viet. c. 26. sect. 9, and 15 & 16 Vict. c. 24. sect. 1, † and in no case may he proceed further if the will does not appear to be

so signed and subscribed.

204. If the will appears to be signed by or for the testator, and Examination of subscribed by two witnesses, the officer must then refer to the attesta. attestation claus tion clause (if any), and consider whether the wording thereof shows

the will to have been in fact executed in accordance with the pro.

visions of the said Acts.

according to Acti

205. If there is no attestation clause to the will,— -or if the Proof of execution

attestation clause thereto is insufficient, the officer must require all of Parlament, affidavit (Form 9) from at least one of the subscribing witnesses, if either of them is living, to prove that the will was in fact executed in accordance with the provisions of the said Acts.

The affidavit must be engrossed and form part of the probate,

so that the probate may be a complete document on the face of it. If on perusal of the affidavit it appears that the will was not in fact executed in accordance with the provisions of the said Acts, the officer must refuse probate.

If on perusal of the affidavit it appears doubtful whether or not the will was in fact executed in accordance with the provisions of the said Acts, the officer must lay a statement of the matter before the Judge of the Supreme Court for his directions.

If both the subscribing witnesses are dead,—or if from other circumstances no affidavit can be obtained from either of them,— resort must be had to other persons (if any) who were present at the execution of the will; but if no affidavit of any such other person can be obtained, evidence on oath must be procured of that fact, and of the handwriting of the deccased and of the subscribing witnesses, and also of any circumstances that may raise a presumption in favor of the due execution of the will.

obviously illiterate

206. The officer shall not allow probate of the will, or adminis- Will of testator, had,

tration with the will annexed, of any blind person, or of any obviously or ignorant. illiterate or ignorant person, to issue, unless he has previously satisfied

*"And be it further enacted, that no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned; (that is to say), it shall be signed at the foot er end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses prement at the same time, and such witnesses shall attest and shall subscribe the wil in the presence of the testator, but no form of attestation shall be necessary."

"Where by an Act passed in the first year of the reign of Her Majesty Queen Victoria,

entituled, An Act for the Amendment of tlie Laws with respect to Wills, it is enacted, that n will shall be valid unless it shall be signed at the foot or end thereof by the testator, or by som other person in his presence, and by his direction. Every will shall, so far only as regards the position of the signature of the testator, or of the person signing for him as aforesaid, ba deemed to be valid within the said enactment, as explained by this Act, if the signature shall e so placed at or after, or following, or under, or beside, or opposite to the end of the will, that it shall be apparent on the face of the will that the testator intended to give effect by suel his signature to the writing signed as his will, and that no such will shall be affected by th circumstance that the signature shall not follow or be immediately after the foot or end of the will, or by the circumstance that a blank space shall intervene between the concluding word o the will and the signature, or by the circumstance that the signature shall be placed among the words of the testimonium clause or of the clause of attestation, or shall follow or be after or under the cluase of attestation, either with or without a blank space intervening or shall follow or be after or under or beside the name of one of the names of the subscribing witnesses, or of the circumstance that the signature shall be on a side er page or other portion of the paper or papers containing the will whereon no clause or paragraph or disposing part of the will shall be written above the signature, or by the circumstance that there shall appear to be sumcient space on or at the bottom of the preceding side or page or other portion of the paper on which the will is written to contain the signature; and the enumeration of the above circumstances shall not restrict the generality of the above enactment; but no signature when the said Act or this Act shall be operative to give effect to any disposition or directions which is underneath or which follows it, nor shall it give effect to any disposition or direction inserted after the signature shall be made."

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Internations, altura.

1100s. erasurch, or cl...

terations.

Deed, paper, or docu- ment referred to in a will;

or actered or attached.

RULES OF SUPREME COURT

bimself, by what appears on the face of the will or by evidence on oath, that the will was read over to the deceased before its execution, or that the deceased bad at that time knowledge of its contents. Where this information is not forthcoming, the officer must

communicate with the Judge of the Supreme Court. 207. Having satisfied himself that the will was duly executed, the officer must carefully inspect the same, to see whether there are any interlineations or alterations or erasures or obliterations appear. ing in it, and requiring to be accounted for. Interlineations and alterations are invalid unless they existed in the will at the time of its execution, or, if made afterwards, unless hey have been executed and attested in the mode required by the said Acts of Parliament,- -or unless they have been made valid by the re-execution of the will or by the subsequent execution of some codicil thereto. Where interlineations or alterations appear in the will (unless July executed or recited in or otherwise identified by the attestation clause), an affidavit or affidavits in proof of their having existed in the will before its execution, must be filed.

In like manner, erasures and obliterations are not to prevail unless proved to have existed in the will at the time of its execution, -or unless the alterations thereby effected in the will are duly exe. cuted and attested,— -or unless they have been made valid by the re-execution of the will, or by the subsequent execution of some "odicil thereto.

If no satisfactory evidence is adduced as to the time when the erasures or obliterations were made, and the words erased or obli- terated are not entirely effaced, and can, on inspection of the paper, be ascertained, they must form part of the probate.

In every case of words having been erased which might have

veen of importance an affidavit must be required.

If reasonable dou: t exists in regard to any interlineation, altera tion, erasure, or obliteration, the officer shall, before proceeding further in the matter, communicate with the Judge of the Supreme Court for his directions.

208. Where a will contains a reference to any deed, paper, memorandum, or other document, of such a nature as to raise a question whether it ought or ought not to form a constituent part of the will, the production of the deed, paper, memorandum or other document must be required, with a view to ascertain whether or not it is entitled to probate; and if not produced the non-production of it must be accounted for by evidence on oath.

Any deed, paper, memorandum, or other document cannot form part of a will or codicil, unless it was in existence at the time when the will or codicil was executed.

If there are any vestiges of sealing wax or wafers or other marks on the testamentary paper, leading to the inference that some paper, memorandum, or other document has been annexed or attached thereto, they must be satisfactorily accounted for by evidence on oath, or the production of such paper, memorandum, or other document must be required; and if not produced, the non-production of it must be accounted for by evidence on oath.

If doubt exists as to whether or not any such deed, paper, memorandum or other document is entitled to probate as a coll- stituent part of the will, the officer shall, before proceeding further in the matter, communicate with the Judge of the Supreme Court

for his directions.

IN CHINA AND JAPAN.

209. The foregoing rules respecting wills apply equally to codicils. c..

210. Every will or copy of a will, or other testamentary paper Marking of well or mapa

executor

to which an or an administrator with will shall be marked by such executor or administrator and by the person before whom he is sworn.

211. The

annexed

is sworn.

* or to

officer shall take care that the copies of wills to be Writing of ropes

annexed to probates or letters of administration are fairly and

pro-

Admnistration not

perly written, and to reject those which are not so.

III.-Administration.

212. The duties of the proper officer in granting administration

(not with will annexed) are in many respects the same as in cases of with will sunered probate.

and the value of the property to be

summoned or proving or not

He shall

ascertain

the time

and

213.

Where

executor

but either dies

appointed

without having taken

place of the

covered by in a will survives

probate, or being

deceased's

death.

the

administration.

the testator,

Executor

dying without

appearing.

appear,

his

right representation to

without further

manner as

called on by the Court to take probate does not respect of the executorship wholly ceases, and the the testator and the administration of his effects renunciation go, devolve, and may be committed in if he had not been appointed executor. 214. Where administration is applied for by one or some of the Notice to next of ka.

next of kin only, there being another or other next of kin equally entitled thereto, the proper officer shall require proof by affidavit that notice of the application has been given to the other next of kin. 215. Every person to whom administration is granted shall give Administration boni

bond (Form 18, 19), with two or more responsible British subjects as sureties, to the Judge of the Supreme Court, to enure in favour of the Judge for the time being, conditioned for duly collecting, getting in, and administering the personal estate of the deceased. Where, however, the property is under the value of 250 dollars

one such surety only need be taken. The bond shall be in a penalty of double the amount under which the personal estate of the deceased is sworn, unless the proper officer in any case thinks it expedient to reduce the amount, for reasons to

The

more bonds

be forthwith certified by him to the Judge of the Supreme Court.

proper officer may also in any case direct that that one shall be given, so as to limit the liability of any surety to such amount as the officer thinks reasonable.

216. The Judge of the Supreme Court may, on application, in argument of and suit

a summary way, and on being satisfied that the condition of any ad- on bond. ministration bond has been broken, assign the same to some person. who shall thereupon be entitled to sue on the bond in his own name. as if the same had been originally given to him instead of to the Judge of the Supreme Court, and shall be entitled to recover thereon. as trustee for all persons interested, the full amount recoverable in respect of any breach of the condition of the bond.

X.—ARBITRATION.

217. The following rules respecting arbitration

apply exclusively In what uses thes

to cases where the agreement for reference to arbitration or submis. rules apply. sion to arbitration by consent is made a rule of Court. 218. Arbitrators shall make their award within one calendar Time for swars.

month after they have entered on the reference, or been called on to act by a notice in writing from any party, unless the document authorizing

time.

or making the reference contains a

different limit of

O sed

097 ded

I asrd

I add

Fzlargement of time;

When umpire may enter up reference,

Revocation of authority,

Special care.

Costs

Form and contents of bward

Depout of award.

Notice thereof.

Application against award.

Order of Court.

Remitting of mattere

referred.

RULES OF SUPREME COURT

219. The Court may, if it thinks fit, on reasonable notice to all parties, from time to time enlarge the time for making the award for such time as it thinks fit, the reasons for such enlargement being recorded in the minutes of proceedings.

220. An umpire may enter on the reference in lieu of the arbitra tors, if the latter have allowed their time or their extended time to expire without making an award, or have filed in the Court a notice in writing that they cannot agree.

221. The authority of an arbitrator or umpire is not revocable

except by the Court.

222. Where it appears to the arbitrators or umpire that any difficult question of law is involved in, or raised by, the facts as finally ascertained by them or him, they or he may, if it seems fit, state the award (as to the whole or any part thereof) in the foru of a special case for the opinion of the Court having jurisdiction in the matter, or of the Supreme Court.

The Court shall consider and deliver judgment on such case, and shall be at liberty to draw inferences of fact from the facts stated, and to amend the case or remit it for amendment by reason of any irregularity, mistake, or imperfection.

223. The arbitrators or umpire shall have power to award how the costs of the reference shall be borne, in the whole or in part; but any award as to costs shall not preclude the party or parties against whom costs are awarded from applying to the Court to tax the costs; and on such application the costs, including the remuneration (if any) of the arbitrators and umpire, or any of them, shall be taxed at a reasonable rate by the Court, and the Court shall make such order regarding the costs of taxation as justice requires.

224. Every award must be in writing, signed by the arbitrators

or umpire making the same.

It must contain a conclusive finding, and may not find on the contingency of any matter of fact being afterwards substantiated or deposed to.

It must comprehend a finding on each of the several matters

referred.

Arbitrators or an umpire may, however, from time to time make several awards on several parts of a matter or on several matters referred, so as the latest of the awards is made within the time limited.

225. The arbitrators or umpire making an award shall within the time limited deposit the award in the Court, enclosed in a sealed en- velope, and indorsed with the names of the parties to the reference, and the amount claimed by the arbitrators and umpire for remuneration.

Notice of the award having been deposited shall be given by the Court to the parties, who shall be at liberty to read the award, and to have copies of it on payment of the proper fees.

226. Any person interested may within seven days after notice of the award apply to the Court by motion to prevent the award, or any specified part of it, being carried into effect.

into

227. If no such motion is made, the Court shall proceed, ou

reasonable notice to all parties, to make such order for carrying effect the award or any part thereof, and as to costs and other things as seems just.

228. The Court shall have power at any time, and from time to time, to remit the matters referred, or any of them, to the recon- sideration and redetermination of the arbitrators or umpire, on such terms as to costs and other things as seem just.

IN CHINA AND JAPAN.

229. The Court shall not refrain from carrying an award into irregular

•ffect merely on the ground of irregularity in the submission, or daring the reference, where such irregularity has not been bstantially prejudicial to the party applying against the award. XI-AFFIDAVIT AND OTHER EVIDENCE. Affidavite.

230. Every affidavit used in the Court must be either in English, Language.

or in the usual and familiar language of the witness swearing it.

An affidavit in any language other than English, must be .ccompanied by a sworn translation into English, procured by and

the expense of the person using the affidavit.

231. Every affidavit, sworn before any British judicial or Con- Form.

sular officer in China or Japan, in the matter of any suit or other roceeding in Her Majesty's Courts in China and Japan, must be eaded in the Court, and in the suit or proceeding in which the fidavit is to be used.

It must state the full name, trade or profession, address, and

nationality of the witness.

It may be in the first or in the third person, and may be contents.

divided into convenient paragraphs, numbered consecutively,

232. Every affidavit used in the Court must contain only a Atatement of facts and circumstances, to which the witness swears, either on his own personal knowledge, or from information which be believes to be true.

It must not contain any extraneous matter, by way of objection, Frayer, or legal argument or conclusion; and every statement must be as brief and positive as may be consistent with proper fullness and with truth.

The matter of fact sworn to, whether in affirmation or denial, if within the knowledge of the witness, must be sworn to positively

certainly.

and

Where a witness swears to his belief in any matter of fact, such belief arising from any source other than his own personal knowledge, he must set forth explicitly the facts and circumstances forming the ground of his belief.

Where the belief in the truth of the matter of fact sworn to arises from information received from another person, the name of such person must be stated, and such particulars must be given as to the informant, and as to the time, place, and circumstances of the information, as may afford means to other parties to verify or

contradict the same.

alterations, bad writing,

233. Where an affidavit is to be sworn before a British judicial Erasures, interlineations,

or Consular officer in China or Japan, any erasure, interlineation, or alteration, made before the affidavit is sworn, shall be attested by the officer, who shall affix his signature or initials in the margin minediately opposite to the erasure, interlineation, or alteration.

Where there are many erasures, interlineations, or alterations, so that the affidavit proposed to be sworn is illegible, or difficult to read, or is in the judgment of the officer before whom it is proposed to be sworn so written as to give any facility for being added to or in any way fraudulently altered, he may refuse to take the affidavit in its existing form, and may require it to be re-written in a clear and

legible

and

unobjectionable

manuer.

234. An affidavit sworn before any British judicial or Consular Before whom athidavits

officer, authorized to take affidavits, before any Judge, Officer, or may be sworu. in the United Kingdom, or in any British colony or

other

person

I ossession, authorized to take affidavits, before any Mayor or other

I sed

I asrd

We add

Adavit defective in form.

Affidavit sworn before attorney in suit.

Signature of witness

Jurat

Alteration and re-swearing.

Amendment.

Costs.

RULES OF SUPREME COURT

Magistrate in any foreign country authorized to administer an oath.

--or in

the

case of a foreigner in China or Japan before his ow

proper Consular or other authority,-may be used in the Court. 235. An affidavit may be used, notwithstanding it is defectiv in form according to these Rules, if the Court is satisfied that it has been sworn before a person duly authorized, and that its form is in accordance with the law and custom of the place where it is sworn..

236. An affidavit shall not be admitted which is proved to have been sworn before a person on whose behalf the same is offered, or before his attorney, or before a partner or clerk of his attorney.

Filing of original. Office

copy.

237. Every affidavit sworn before a British judicial or Consula: officer in China or Japan must be signed by the witness; or in case the witness cannot write his name. his mark must be subscribed such signature or mark to be made in the presence of the officer.

erasure,

238. The jurat should be written without interlineation or immediately at the foot of the affidavit, and towards the left side of the paper, and must be signed by the judicial or Consula: officer before whom the affidavit is sworn, and be sealed with the seal of the Court of which he is an officer, or with his Consular or other official seal (as the case may be).

It must state the date of the swearing of the affidavit, and the

place where it was sword.

It must state that the affidavit was sworn before the judicial or

Consular officer.

Where the witness is blind or illiterate it must state that fact, and that the affidavit was read over to him in the presence of the officer, and that the witness appeared perfectly to understand it.

Where the witness cannot write his name, and therefore subscribes his mark, the jurat must state those facts, and that the mark was made in the presence of the officer.

Where two or more persons join in making an affidavit, their several names must be written in the jurat, and it must appear by the jurat that each of them has been sworn to the truth of the several matters stated by him in the affidavit.

239. The judicial or Consular officer must not allow an affidavit, when once sworn, to be altered in any manner whatever without

being

re-sworu.

If the jurat has been added and signed, a new jurat must be added if the affidavit is re-sworn; and in the new jurat mention must be made of the alteration.

Any officer before whom an affidavit is proposed to be re-swor after alteration, may refuse to allow the same to be re-sworn, and may, in lieu thereof, require the witness to make a fresh affidavit

240. A defective or erroneous affidavit may be amended and re-sworn, by special leave of the Court in which it is to be used, or such terms as to time, costs, and other things, as seems just. 241. Where an affidavit used in the Court is not in accordance with these rules, the Court may make such order respecting the costs of, or connected with, the affidavit as seems just.

242. Before an affidavit is used in the Court, the origina! affidavit must be filed in the Court; and the original, or an office copy thereof (that is, a copy sealed with the seal of the Court as evidence of its being a correct copy, and either made under the direction of the Court or produced to the Court for examination and sealing), shall alone be recognized for any purpose in the Court.

IN CHINA AND JAPAN.

Other Evidence.

interlocutory or other

applicator.

243. On the hearing of any interlocutory or other application Five videos

in a suit or matter, the Court may, if it thinks it just and expedient, for reasons to be recorded in the minutes of proceedings, summon a British subject to attend to produce documents before it, or to be examined, or to be cross-examined and re-examined, viva voce, by or before it, in like manner as at the hearing of a suit.

Such notice as the Court in each case, according to the cir cumstances, considers reasonable, shall be given to the person sum- moned, and to such persons (parties to the suit or proceeding or otherwise interested) as the Court considers entitled to inspect the documents to be produced, or to examine, cross-examine, or re-examine the person summoned, or to be present at his examination, cross- examination, or re-examination, as the case may be.

The evidence of a witness on any such examination, cross- examination, or re-examination shall be taken in like manner as nearly as may be, as evidence at the hearing of a suit. 244. Where the circumstances of the case appear to the Court Fit erid in : • takso

so to require, for reasons to be recorded in the minutes of proceed. As preparatory ta ings, the Court may, in like manner, take the evidence of any witness

at any time in the course of the proceedings, in any suit or applica tion as preparatory to the hearing of the suit or application, and the evidence so taken may be used at the hearing of the suit or ap plication, saving just exceptions. The evidence shall be taken in like manner, as nearly as may be, as evidence at the hearing of a suit, and then the note of the evidence shall be read over to the witness and tendered to him

for signature; and if he refuse to sign it, the Court shall add a note

of his refusal, and the evidence may be used as if he had signed it.

hearing.

institutei,

243. Evidence may be taken in like manner on the application Evidence before Buil

of any person, before suit instituted, where it is shown to the satisfac- of the Court on oath that the person applying has good reason

tion

to apprehend that a suit will be instituted against him in the Court,

and that some person, within the particular jurisdiction at the time

the

of application, can give material evidence respecting the subject of apprehended suit, but that he is about to leave the particular

jurisdiction, or that from some other cause the person applying lose the benefit of his evidence if it be not at once taken.

Witness dead, insane, or not appearing.

will

246. Where any person who might give evidence in any suit or Proof of torme

might

matter is dead, or insane, or unavoidably absent at the time his evidence evidence. taken, or for any reason considered sufficient by the Court cannot appear to give evidence in the suit or matter, the Court may, if it thinks fit, receive proof of any evidence given by him in any former judicial proceeding; provided that the subject matter of such former judicial proceeding was substantially the same as that of the existing suit, and that the parties to the existing suit were parties to it or bound by it, and in it had cross-examined or had an opportunity of cross-examining the witness of whose evidence proof is so to be given.

Oath.

247. On any occasion the Court may, if it thinks it just and expedient, for reasons to be recorded in the minutes of proceedings, take without oath the evidence of any person objecting on ground of conscience to take an oath, the fact of the evidence having been so taken without oath being also recorded in the minutes of proceedings.

sed

797 add

Notice to admit.

Coete.

in whose name, and how

RULES OF SUPREME COURT

Admission of Documents.

248. Where all parties to a suit are competent to make admissions, any party may call on any other party, by notice filed in the Court, served under order of the Court, to admit any document, saving

just exceptions.

and

In case of refusal or neglect to admit, the costs of proof of the document shall be paid by the party refusing or neglecting, whatever be the result of the cause, unless the Court is of opinion that the refusal or neglect to admit was reasonable.

No costs of proof of any document shall be allowed unless such notice has been given, except in cases where the omission to give the notice has in the opinion of the Court produced a saving of expense.

XII-MISCELLANEOUS PROVISIONS.

Attorneys and Agents.

249. Every person doing any act or taking any proceeding in free-edings to be taken. the Court as plaintiff, or otherwise, must do so in his own name and not otherwise, and either by himself, or by his attorney, procurator, or agent thereunto lawfully authorized in writing.

„Piling of power of Bitor+F.

Fersen proceeding without authority.

In what namÉN.

Flace for service.

Becurity for corte.

250. Where such act is done or proceeding taken by an attorney, procurator, or agent, the power of attorney, or instrument constitu- ting the procurator or agent, or an authenticated copy thereof, must be filed in the Court before or at the commencement of the proceedings.

Where the authority is special, and has reference only to the particular proceeding to be taken, the original document itself must be filed.

Where the authority is general, or has reference to other matters in which the attorney, procurator, or agent is empowered to act, an authenticated copy of such document may be filed.

The authority, whether general or special, must be distinct and clear, so as to satisfy the Court that the person professing to act thereon has such authority as he claims to exercise.

251. Any person doing any act or taking any proceeding in the Court in the name or on behalf of another person, not being lawfully authorized thereunto, and knowing himself not to be so authorized, is guilty of a contempt of Court.

Proceedings by or against Partnerships.

252. Proceedings by or on behalf of or against a partnership, solely or jointly, must be taken in the several names of the partners as individuals, and not in the name of the firm or otherwise.

Plaintiff out of Jurisdiction.

253. Where a plaintiff, whether suing alone or suing jointly, is out of the jurisdiction of the particular Court, or is only temporarily resident within it, he must file in the Court, at or before the com mencement of proceedings, a written statement of a fit place within the jurisdiction where notice or process may be served on him. He must also give security for costs and fees by deposit, or by

bond, in the penal sum of 500 dollars.

The Court may at any time during the suit or proceeding, either on its own motion or on the application of any defendant, order him to give further or better security for costs and fees, and any direct proceedings to be stayed in the mean nwhile.

IN CHINA AND JAPAN.

Service.

254. Service of a petition, notice, summons, decree, order, or How to be made

her document of which service is required by these Rules, or cording to the course of the Court, shall be made by an officer of he Court, unless in any case the Court thinks fit otherwise to direct;

255.

nd service shall not be valid unless it is made under an order of the Court (in writing under the seal of the Court), which may be either edorsed on or subscribed or annexed to the document to be served. Unless in any case the Court thinks it just and expedient Personal service,

therwise to direct, service shall be personal, that is, the document be served shall, together with the order of service (indorsed, ubscribed, or annexed), be delivered into the hands of the person

to be served.

256. Where it appears to the Court (either with or without any other service.

tempt at personal service) that for any reason personal service cannot be conveniently effected, the Court may order that service be ›fected either-

(i.) by delivery of the document to be served,

together with the order for service, to some adult inmate at the usual or

last

known place of abode or business within the particular

jurisdiction of the person to be served; or

(ii) by delivery thereof to some agent within the particular jurisdiction of the person to be served, or to some other person within the particular jurisdictions through whom it appears to the Court there is a reasonable probability that document and order served will come to the knowledge

the

of the person to be served; or

(iii.) by advertisement in some newspaper circulating within

particular jurisdiction; or

257.

the

(iv.) by notice put up at the Court, or at some other place of

public resort within the particular jurisdiction. Ordinarily service shall not be made out of the particular service out of

jurisdiction except under an order for that purpose made by the jurisdiction. Court within whose jurisdiction service is to be made, which order

may be made on the request of any other Court, and shall in each case direct in which of the modes above-mentioned service is to be

+ffected.

Where, however, the urgency or other peculiar circumstances of the case appear to any Court so to require (for reasons to be record- ed in the minutes of proceedings), the Court may order that service

made out of the particular jurisdiction.

258.

Any order for service may be varied from time to time with variation of order.

respect to the mode of service directed by the order, as occasion

requires.

259. Service of a document

must be made before five o'clock in the evening.

made after that hour on any day but Saturday, it shall be

onsidered as made on the following day.

not required to be served personally Hours for service:

made

raade on

the

Monday.

after that hour on Saturday, it shall be considered as

following

260.

No service in a civil suit shall be made on Sunday, Christ- Sundays and ¡lolydays,

mas Day, or Good Friday.

Absconding Defendant.

261. Where the Court is satisfied by evidence on oath that there Bail,

is good reason to believe that a defendant means to abscond in order to avoid the process of the Court, after suit or other proceeding instituted, the Court may make an order to hold him to bail, and may

Er d

ᎭᏃ ᎧᏋed

ᎭᏎᏃ Ꭷôed

ᎭᏃ ᎧᏑed

Discretion of Court.

Security for costs.

Pauper plaintiff,

defendant.

Counsel or attorney for

pauper.

Pauper dispaupered for giving fee,

or for insufficient

poverty.

Day.

Sundays and Holydays, when not reckoned.

Time expiring on Sunday or Holiday

Time in case of security for costs.

rules of SUPREME COURT

require of him such security as seems fit for his remaining within the particular jurisdiction, and abiding and performing by any decree order to be made in the suit or proceeding, and for costs and fees.

Costa.

262. The costs of the whole suit and of each particular proceeding therein are under the discretion of the Court; but the Court shal

not order

the

successful party in a suit to pay to the unsuccessfu party the costs of the suit generally, although the Court may orde: him, notwithstanding his success in the whole suit, to pay the cost- occasioned by any particular proceeding therein.

263. The

Court may, if in any case it seems fit, require

party to any suit or proceeding, either at the commencement or at an time during the progress thereof, to give security for costs to th satisfaction of the Court by deposit or otherwise.

Paupers

264. The Court may admit any person to sue in formu pauperi on being satisfied of his poverty, and that he has prima facie a cas proper for some relief in the Court; and may admit any person to defend in forma pauperis on being satisfied of his poverty.

265. If in any case the Court thinks fit to assign a counsel or attorney to assist a person admitted to sue or defend in forma par. peris, the counsel or attorney so assigned may not refuse his assistance, unless he satisfies the Court of some good reason for refusing.

266. If a pauper gives or agrees to give any fee, profit. recompense, or reward for the despatch of his business in Court, he shall be deemed guilty of a contempt of Court, and he shall also be forthwith dispaupered, and shall not be afterwards admitted again. in that suit to sue or defend in forma pauperis.

267. A person admitted to sue or defend in forma pauperis ma be dispaupered by order of the Court, on its appearing that he wa not when admitted, or no longer is, of sufficient poverty, or that he is abusing his privilege by vexatious proceedings.

Computations of Time.

268. Where by these Rules, or any special order or the course

of the Court, any limited time from or after any date or event appointed or allowed for the doing of any act or the taking of any proceeding, and such time is not limited by hours, the computation of such limited time does not include the day of such date or of the happening of such event, but commences at the beginning of the next following day, and the act or proceeding must be done or taken at the latest on the last day of such limited time according to suck computation.

269. Where the limited time so appointed or allowed is less than six days, the following days shall not be reckoned in the computation of such time; namely, Sundays, Good Friday, Monday and Tuesday in Easter week, Christmas Day, and the day before

and

the day next after Christmas Day.

270. Where the time for the doing of any act or the taking of any proceeding expires on one of the days last mentioned, the act of proceeding shall be considered as done or taken in due time if done or taken on the next day afterwards, that is, not one of the

last-mentioned days.

271. The day on which an order that a plaintiff do give security for costs is scrved, and the time thenceforward until and including

he day on which such

IN CHINA AND JAPAN,

computation of the time allowed to a defendant or putting in his security is given, shall not be reckoned in

Supplemental Statement.

answer.

272. Facts or circumstances occurring after the institution of a Facts or circumstances

may, by leave of the Court, be introduced by way of amendment occurring after suit,

suit,

nto

the

of the

petition or answer (as the case may require) at any stage proceedings, and the Court may make such order as seems just respecting the proof of such facts or circumstances, or for affording all parties concerned leave and opportunity to meet the tatements so introduced.

transmission

of Change or transmission

of interest or liability.

273. Where,

Death of Party or other Change. pending a suit, any change or

interest or liability occurs in relation to any party to the suit, or any party to the suit dies or (being a woman) marries, or the suit is in

defective or incapable of being

any

other

way rendered

any such

person

order

compelling

carried on, interested may, on motion ea parte, obtain from the Court as is requisite for curing the defect, or enabling or

proper parties to carry on the

proceedings,

But it shall be open to any person served with such an order within such time, not exceeding fourteen days, as the Court in the order directs, to apply to the Court by motion to discharge such

order.

Adjournment.

274. Nothing in these Rules shall affect the power of the Court Power of Court.

(for reasons to be recorded in the minutes of proceeding) to refer or

for

any)

Court Power of Court,

djourn, on application, such time and on such terms (if

justice requires. Amendment. 275. Nothing in these Rules shall effect the power of the (for reasons to be recorded in the minutes of proceedings) to order or allow any amendment of any petition, answer, notice, or other document whatever, at any time, on such terms (if any) as justice requires.

Power of Court as to Time.

276. Nothing in these Rules shall affect the power of the Court Enlargement or

(for reasons to be recorded in the minutes of proceedings) to enlarge abridgment. or abridge the time appointed or allowed for the doing of any act or

the taking of any proceeding on such terms (if any) as justice requires,

277. Where the Court is by these Rules or otherwise authorized Further enlargement.

to appoint the time for the doing of any act or the taking of any proceeding, or to enlarge the time appointed or allowed for that purpose by these Rules or otherwise,—the Court may further enlarge any time so appointed or enlarged by it on such terms (if any) as seem just, provided that the application for further enlargement is made before the expiration of the time already allowed, and that such further enlargement appears to the Court (for reasons to be recorded in the minutes of proceedings) to be required for the pur- poses of justice, and not to be sought merely for delay.

Guardian for Purposes of Suit.

278. Where on default made by a defendant in answering or In what cases.

otherwise defending the suit after due service of the petition, it appears

to the Court that he is an infant or person of weak or unsound mind (not so found by inquisition) so that he is unable of himself to defend

ᎭᏃ Ꭷôed

ᎭᏚᏃ ᎧᎥed

ᎭᏃ ᎧᎥed

Notice.

Interpretation of "the

Court,

How charge to be made.

Summons er warrant.

Form of charge,

Servic

Proot of service:

in what casUS

Execution:

In another Consular district, when

RULES OF SUPREME COURT

the suit, the Court may, on the application of the plaintiff

own motion, appoint some fit person to be guardian of the defenda for the purposes of the suit, by whom he may defend the same.

But no such order shall be made except on notice, after expira-

tion of the time for answering, and four days at least before the da named in the notice for the hearing of the application, or for th Court proceeding (as the case may be), on or left at the dwellin house of the person with whom or under whose care the defendar was at the time of service of the petition, and also, in the case of a infant not residing with or under the care of his father or guardian: served on or left at the dwelling-house of such father or guardia: unless the Court thinks fit in any case to dispense with such las mentioned service.

XIII. CRIMINAL MATTERS.

I.-In General.

IN CHINA AND JAPAN,

Search Warrant.

284. Where positive proof or probable suspicion is shown to the to a co

Court by evidence on oath that anything on, by, or in respect of which

searched house or place. officer by name, who alone Content,

shall be entrusted with its execution, but he may be accompanied by

or of it,

a crime

offence

cognizable

the

Court

has

been

committed,

occupier

any house or thereof,

warrant to

place

over

the

which,

Court house found, to seize it, and apprehend The warrant shall be directed to some

has

reason jurisdiction,

the

nationality

the

Court

may

issue

place, and the occupier

anything

of the

for

any person

or persons A general warrant

particular house or

place

necessary to assist him in his search. to search shall not be granted, but the must be indicated

it.

or place admission

it may

is closed, and the officer is denied admis- tore

and disclosing his authority and the

forced open.

279. In the following Rules (under the heading "Crimin Matters") as far as they relate to the Supreme Court, the expressio. "the Court means or includes (as the case may require) any office: of, or person attached to, the Supreme Court from time to tim authorized to exercise or assist in the exercise of any part of th criminal jurisdiction of that Court.

280. A person making a criminal charge (Form 31) against another before the Supreme or other Court, must do so in person, oi by attorney or counsel, or an agent lawfully thereunto authorized.

281. In every case, whether the charge is or is not such as mu-t or may be heard and determined in a summary way, the Court shall proceed, if the accused is not already in custody, either by way of summons to him (Form 32) or by way of warrant for his apprehen sion in the first instan (Form 33), according as the nature and circumstances of the case require.

Summons.

282. For the issuing of a summons the charge need not be pur

in writing or be sworn to, unless the Court so directs.

A summons shall be served by the delivery of it to the person summoned personally, or if he cannot be conveniently met with, the by its being left at his usual or last known place of abode or busines within the particular jurisdiction.

The person effecting service must attend at the time and place

mentioned in the summons, to prove service if necessary.

Warrant.

283. If the person summoned does not obey the summons, the Court may (after proof on oath of due service of the summons) issue a warrant for his apprehension (Form 34).

Notwithstanding the issuing of a summons, a warrant (Form 35 may be issued at any time before or after the time appointed in the summons for the appearance of the accused.

A warrant shall not be issued in the first instance unless the

charge is in writing on the oath of the person laying the charge. of some witness.

A warrant need not be made returnable at any particular time.

but may remain in force until executed.

It may be executed by the apprehension of the accused at a place within the particular jurisdiction, and in case of fresh pursur it may be executed at any place in another Consular district, withou any application to the Court of that district.

If the house sion after demanding object of his visit, Where there is probable suspicion only, the warrant must be by mg.

executed the day time; where there is positive proof, it may be executed in

the night time.

Witnesses.

285. Where it is shown to the Court, on oath, that any British Summons.

subject within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, and will not voluntarily attend to give evidence at the preliminary examination, or in summary cases at the hearing of the charge, the Court shall issue summons (Form 35) for his attendance. 286. If any person summoned does not obey the summons, and Warraut after 14nn201.

does not excuse his failure to the satisfaction of the Court, then (after proof on oath of the service of the summons) the Court may issue its warrant (Form 36) to compel his attendance.

287. Where it is shown to the Court, on oath, that any British Warrant on Best

subject within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, and that it is probable he will not attend to give evidence at the preliminary examination, or in summary cases at the hearing of the charge, unless compelled to do so, then instead of issuing a summons the Court may issue a warrant (Form 37) in the first instance.

or to answer

288. If on the appearance of the person summoned, either in Refusal to take sath.

obedience to a summons, or on being brought up by virtue of a warrant, he refuses to take an oath, or having taken an oath to answer any question put to him,—and does not excuse his refusal to the satisfaction of the Court, then the Court may, by warrant, (Form 38) commit him to prison, there to remain for not more than seven days, unless he in the meantime consents to answerduly on oath.

Issuing, &c., of Warrant on Sunday or Holyday.

289. A warrant for apprehension or commitment or other in what cas,

purpose, or a search warrant, may be issued and may be executed on a Sunday, Good Friday, or Christmas Day, as well as on any other days, where the urgency of the case so requires.

II.—Proceedings by Preliminary Examination and Indictment.

290. The following Rules (under the sub-heading "Proceedings Extent of fyl'owing

by Preliminary Examination and Indictment") apply exclusively to

cases where the charge is to be heard and determined not in a

summary way,

but on indictment.

Rules.997 add

Tercolors.

Qpeners by accused,

figrature of deposition.

Witrees dend er ill.

Variance of evidELCE.

How to be taken

Corfetz:on.

Examination of this kad and public,

RULES OF SUPREME COURT

Preliminary Examination.

291. Where the accused comes before the Court on summons of warrant, or otherwise, the Court before committing him to prison admitting him to bail, shall, in his presence, take the depositions on oath (Form 39) of those who know the facts and circumstances of the case, and shall put the same in writing.

for trial, or

292.

The

aby

accused shall be at liberty to put questions to witness produced against him, and the statements of any witness in answer thereto shall form part of that witness's deposition.

293. The deposition of each witness shall be read over to the

witness, and shall be signed by him.

294.

If on the trial of the accused it is proved on oath that any person whose deposition has been taken is dead, or is so ill as not to

able

to travel, and that his deposition was taken in the presence of the accused, and that he or his counsel or attorney cross-examined, or had full opportunity of cross-examining the witness, the deposition may be read as evidence in the prosecution without further proof

thereof.

295. No objection at the preliminary examination to any charge, summons, or warrant, for any defect in substance or form, or for any variance between it and the evidence adduced on the part of the pro- secution, shall be allowed: but if any variance appears to the Court to be such that the accused has been thereby deceived or misled, the Court may, on the request of the accused, adjourn the examination, and in the meantime remand the accused or admit him to bail.

Statement of Accused,

296. After the examination of all the witnesses on the part of the prosecution is completed, the Court shall, without requiring the attendance of the witnesses, read over to the accused the depositions taken against him, and shall then say to him these words:--

"Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say any. thing unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you on your trial. And I give you clearly to under- stand that you have nothing to hope from any promise of favour, and nothing to fear from any threat, that may have been held out to you to induce you to make any admission or confession of your guilt; but whatever you now say may be given in evidence against you upon your trial, notwithstanding such promise or threat."

Whatever the accused then says in answer thereto shall be taken down in writing (Form 40) and shall be read over to him, and shall be kept with the depositions of the witnesses, and after. wards, on the trial of the accused the same may be given in evidence against him without further proof thereof.

297. Nothing in the foregoing Rules, however, is to prevent the prosecutor from giving in evidence any admission or confession or other statement of the accused made at any time, which would, by law, be admissible as evidence against him.

Publicity.

298. The room or place in which the preliminary examination is held is not an open or public Court for that purpose; and the Court may, in its discretion, in case it appears to it that the ends of justice will be best answered by so doing, order that no person have access to, or be, or remain in, the room or place, without the special permission of the Court.

IN CHINA AND JAPAN.

Recognizance

Prosecute or give Evidence. 299. The Court may, at the preliminary examination, bind by Prosecutor or witness

prosecutor and every witness to appear to enter

at the Court at which the accused is to be tried, to prosecute, or to

Cognizance (Form 41) the

rosecute

and

give

notice of

each

te given

to the

person

If a witness

refuses

warrant

(Form

43),

evidence, or to give evidence (as the case may recognizance (Form 42) shall at the same time

bound thereby. enter into a recognizance, the Court may,

commit him to prison, there to ter the trial of the accused, unless in the meantime be duly enters

be).

remain until

recognizance.

But if afterwards, from want of sufficient evidence or other cause,

fre accused is not either committed for trial or held to bail, the

atness

to enter into recog

shall be discharged from custody by direction of the Court.

Remand. 300. If from the absence of witnesses or any other reasonable in what case,

Cause the Court considers it necessary or advisable to defer or adjourn the preliminary examination, the Court may, be warrant (Form 44), rom time to time remand the accused for such time as seems asonable, not exceeding fourteen days, to some prison or other

security:

place

Or, if the remand is for not more than eight days, the Court may, Custody during remanā,

iy word of mouth, order the officer or person in whose custody the cused is, or any other fit officer or person, to continue or keep the accused in his custody, and to bring him up at the time appointed for commencement or continuance of the examination.

During the period of remand the Court may, nevertheless, order

he accused to be brought before it.

Instead of detaining the accused in custody during the period of emand the Court inay discharge him, on his entering into a recog- zance, with or without a surety or sureties, as the Court may think

fit Form 45, for his appearance.

A notice of each recognizance (Form 46) sbull at the same time

e given to each person bound thereby.

Commitment.

301. When all the evidence adduced at the preliminary examina- In what cases,

ion on the part of the prosecution has been heard, if the Court is of pinion that it is not sufficient to put the accused on bis trial, the Court shall forthwith order him, if in custody, to be discharged as to the particular charge in question.

If, on the contrary, the Court is of opinion that the evidence is sufficient to put the accused on his trial, the Court shall either by warrant (Form 47) commit him to prisou, there to remain till delivered by due course of law, or admit him to bail.

Bail.

302. Where the accused is charge with-

Felony;

Assault with intent to commit felony; Attempt to commit felony; Obtaining

pretences;

or attempting to obtain property by false Receiving stolen property, or property obtained by false

pretences;

Perjury,

or subornation of perjury;

Concealing the birth of a child by secret burying or

otherwise

;

Where discretionary,

997 add

997 asrd

Leaded

427 de

4 d

Where ordinardy fo be taken.

In murder or treason

Power of Judge of Supreme Court.

Form of bar

Copies of depositiop- to accused.

Transmission of depositions and other documents to Court.

Course of proceedings où trials où indictments

Conduct of proceedings before Supreme Court.

RULES OF SUPREME COURT

Wilful or indecent exposure of the person; Riot;

Assault on a constable or officer of the Court in the execut

of his duty, or any person acting in his aid; Neglect or breach of duty as a constable or officer of t

Court;

it shall be in the discretion of the Court to admit him to bail, eithe

in the first instance, instead of committing him to prison for tria or at any time after his commitment and before trial.

Where the accused is charged with any indictable misdemeano other than those herein-before described, the Court shall ordinari.. admit him to bail.

303. A person charged with murder or treason can be admittel

to bail by the Judge of the Supreme Court only.

304. The Judge of the Supreme Court may, on good grounds,

admit any person to bail, although the Provincial Court before whi the charge is made does not think fit to do so.

305. The accused who is to be admitted to bail is to produce such surety or sureties as, in the opinion of the Court, will be sufficient to ensure his appearance at the time and place when and where he is to be tried, and with such surety or sureties to enter into a recognizance accordingly (Form 45).

A notice of each recognizance (Form 46) is at the same time to

be given to each person bound thereby.

Privileges of Accused.

306. At any time after the preliminary examination has bee completed, the accused is entitled to have copies of the deposition. on which he has been committed for trial, or held to bail, on payment of a reasonable sum, not exceeding sixpence for every one hundred words, or gratis, if the Court so directs.

The Court shall, at the time of commitment or of holding to

bail, inform the accused of his rights in this respect.

Preparations for Trial.

307. The written charge (if any), the depositions, the statement of the accused, the recognizance of prosecutor and witnesses, and the recognizance of bail (if any) shall be carefully transmitted in proper time to the Court at which the trial is to be held.

Indictment.

308. A trial before the Judge or an officer of the Suprem Court, with a jury, and the proceedings before and after trial relative thereto, shall be conducted as nearly as may be as a criminal trial before a Judge with a jury and the corresponding proceedings is

and

are

conducted in England.

Other criminal trials, with or without a jury, or with Assessors. and the proceedings before and after trial relative thereto, shall be conducted in like manner mutatis mutandis.

309. In criminal cases to be tried on indictment before the Judge or Assistant Judge of the Supreme Court, whether with of without a jury, the depositions when completed shall forthwith be delivered to the Law Secretary, as prosecutor on behalf of the Crow who shall thereupon, in person or by some proper representative appointed by him, in any case by writing under his hand, take all proper steps for indicting and bringing to trial the accused, and conduct the prosecution in Court at the trial; and no such prosecution shall be under the direction or conduct of any private prosecutor.

IN CHINA AND JAPAN.

M.3

Any private prosecutor may, however, retain any member of the

English, Irish, or Scottish Bar, or any

assist

such

with

the

regular and duly qualified advocate of foreign nationality, in the prosecution; ani harrister or advocate may, assent of the prosecutor for

the Crown, appear in Court at the trial and take part in the tion: but no such prosecution shall be withdrawn or abandoned without the express consent of the Law Secretary, as prosecutor for

prosecn-

the Crown, or of his representative, given in open Court.

III-Summary Proceedings. 310. The following Rules (under the sub-healing "Summary Extem of following

Proceedings") apply exclusively to cases were the charge is to be Rule heard and determined not on indictment, but in a summary way. Hearing.

if prosecutor.

311. Where the accused coines before the Court on summons, or Non-appeara

warrant, or otherwise, either originally or on adjournment, then the prosecutor, having had due notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear in person, or by counsel or attorney, the Court shall dismiss the charge, unless for some reason it thinks proper to adjourn or further aljourn the hearing, with or without imposing any terms.

cused

312. In case of adjournment the Court may commit the ac- Custody in case of

the meantime to prison, or to such other custody as it fit, or may discharge him on his entering into a recognizance (Form 45) with or without a surety or sureties, at the discretion of the Court, for his appearance at the time and place of adjournment.

thinks aduent.

A notice of each recognizance (Form 46) is at the same time

to be given to each person bound thereby.

313. If both parties appear in person, or by counsel or attorney, Both parties appering

the Court shall proceed to hear and finally determine the charge.

314. The prosecutor shall be at liberty to conduct the charge, Conduct of cbarz

and to have the witnesses examined and cross-examined by counsel

or attorney

his behalf.

315. The accused shall be admitted to make his full answer and of deten --

defence to the charge, and to have the witnesses examined and cross- examined by counsel or attorney on his behalf; and if he does not employ counsel or attorney, he shall, at the close of the examination of each witness for the prosecution, be asked by the Court whether he wishes to put any questions to the witness."

If he puts any question to a witness, the witness may be re-

examined for the prosecution.

316. The room or place in which the Court sits to hear and Publicz

determine the charge is an open and public Court, to which the public generally may have access as far as the room or place can con-

veniently contain them.

317. The substance of the charge shall be stated to the accused, Admission of charg ›

and he shall

not be convicted.

asked

if he has any cause to show why he should

If he thereupon admits the truth of the charge, and does not show sufficient cause why he should not be convicted, the Court may convict him accordingly.

by serused.

If he does not admit the truth of the charge, the Court shall Evidence for prosecution,

proceed to hear the prosecutor and such witnesses as he examines,

and such other evidence as he adduces in support of his charge.

On the termination of the whole evidence in support of the Defenc

charge, if it appears to the Court that a prima facie case is made out

47 ed

497 add

897 aged

827 d

897 Bed

Evidence in reply

Varance between c'urge and evidence.

Hearing may be adjourned in discre1:00 01 Court.

Custody during adjourum: ezt:

Conviction or dismissal.

Minute.

Certificate.

RULES OF SUPREME COURT

Pay anything in answer, or has any witnesses to examine or other against the accused, he shall be asked by the Court if he wishes to evidence to adduce in his defence; and the Court shall then hear the accused and his witnesses and other evidence, if any.

318. If the accused adduces any evidence in his defence the prosecutor may adduce evidence in reply thereto; but the prosecutor shall not in any case be allowed to make any observations by way of reply to the evidence adduced by accused, nor shall the accused in any case be allowed to make any observations on evidence adduced by the prosecutor in reply.

319. A variance between the charge and the evidence adduced in support of it as to the time at which the alleged crime or offence was committed is not material, if it is proved that the charge was in fact made within the time (if any) limited by law for the making

thereof.

But if any variance between the charge and the evidence appears to the Court to be such that the accused has been thereby deceived or misled, the Court may adjourn the hearing.

Adjournment.

320. At any time before or during the hearing of the charge the Court may, in its discretion, for any good cause recorded in the minutes of proceeding, adjourn the hearing.

An adjournment ordered for any cause shall be made to a certain time and place, to be at the time of the adjournment ap pointed and stated in the presence and hearing of the parties, or their respective counsel or attorneys.

During the period of adjournment the Court may in its discre- tion, according to the nature and circumstances of each case, either suffer the accused to go at large or commit him by warrant (Form 44) to such prison or other place of security, or to such other safe ustody as the Court thinks fit, or may discharge him on his enter- ing into a recognizant Form 45) with or without a surety or sureties, at the discretion of the Court, for his appearance at the time and place of adjournment.

A notice of each recognizance (Form 46) is at the same time to

be given to each person bound thereby.

If at any time and place of adjournment of a hearing, which has once begun, the accused does not appear in person or by counsel or attorney, the Court may in its discretion proceed with the further hearing as if the accused were present.

Decision.

321. The Court having heard what each party has to say as aforesaid, and the witnesses, and the evidence adduced, shall consider the whole matter and finally determine the same, and shall either convict the accused or dismiss the charge.

Conviction.

322. In case of conviction a minute thereof shall be made, `and the conviction (Forms 48, 49) shall afterwards be drawn up in form, to be preserved among the records of the Court.

Dismissal.

323. In case of dismissal of the charge the Court may, if it thinks fit, on being requested so to do, make an order of dismissal (Form 55) and give the accused a certificate thereof (Form 56), which certificate shall on being produced, without further proof, be a bar to any subsequent charge for the same matter against the same person.

IN CHINA AND JAPAN

Costs.

324. In case of conviction the Court may, inand by the conviction, ou malgran

award and order that the person convicted to pay to the prosecutor such costs as seen just and reasonable, to be specified in the conviction. 325. In case of dismissal the Court may, in and by the order on 44 44.

of disinissal, award and order that the prosecutor do pay to the accused such costs as seem just and reasonable, to be specified in the order of dismissal.

Execution of Conviction or Order of Dismissal.

326. Where a conviction does not adjudge the payment of taproommat

money, but adjudges that the offender be imprisoned, the Court

shall issue a warrant of commitment (Form 50) accordingly.

327. Where a conviction or order of dismissal adjudges any Logging of penalty or

money to be paid by any person convicted or any prosecutor for other moneys. penalty, compensation, costs, charges, or otherwise, the money to

be paid may be lieved on the goods of the person adjudged to pay

the same by distress and sale under warrant. (Forms 52, 57.)

328. If the officer having the execution of the warrant returns commitment for want

(Form 53) that he could find no goods or no sufficient goods whereon of distress to levy the money mentioned in the warrant, together with costs,

the Court may by warrant (Forms 54, 58,) commit the person adjudged to make the payment to prison for not more than two months, unless the money adjudged to be paid, and all costs and charges of the distress, commitment, and conveyance to prison, to be specified in the warrant of commitment, are sooner paid.

of distress

329. Where it appears to the Court that such distress and sale Comnument in le

of goods as aforesaid would be ruinous to the person ordered to pay the money and his family, or (by confession of that person or other- wise) that he has no goods whereon a distress may be levied, then the Court, if it thinks fit, may, instead of issuing a warrant of dis- tress, commit him to prison, with or without hard labour, for not more than two months, unless the money adjudged to be paid, and all costs and charges of the commitment and conveyance to prison, to be specified in the warrant of commitment, are sooner paid (Form 51.)

befor» d'stress

330. Any person against whom a warrant of distress issues Payment orta ist

may pay or tender to the officer having the execution of the warrant the sum therein mentioned, together with the amount of the expenses of the distress up to the time of such payment or tender, and there. upon the officer shall cease to execute the same.

commitment.

331. Any person committed for non-payment may pay the sum Payment after

mentioned in the warrant of commitment, together with the amount of costs and charges therein mentioned (if any), to the person in

whose custody he is, who shall thereupon discharge him, if he is in

custody

for no other matter.

XIV.-APPEAL TO SUPREME COURT IN CRIMINAL CASES.

332. The application for a special case, on a summary conviction, Time in summary cases

shall be made within 48 hours after the sentence.

333. The application for a special case shall state shortly the form of apphoston,

grounds on which the appellant considers the conviction erroneous in point of law, and may contain any argument in support of the appeal, or may include an application that time be allowed for the filing of such an argument, which may be allowed accordingly.

334. The special case, when granted, shall be stated within ten time for statement.

days after application for the same, or after expiration of the time allowed for filing such argument.

897 sed

897 Bed

697 aged

697 add

697 sed

Uopy of appleation.

Package from custody.

Cury et cake to postentor.

C)servance of procedure A Supreme Court, &c., a England.

Sang of notices, &c.

Jsterpretation.

Form.

FELF.

Cormetezident.

RULES OF SUPREME COURT

335. A copy of the appellant's application for a special case. and of any argument filed by him in support thereof, shall be annexed to the special case.

336. The appellant shall give security to the satisfaction of the Court, by recognizance, deposit, or otherwise, to prosecute the appeal

delay, and to submit to the judgment of the Supreme

and to pay any costs awarded against him.

without

Court.

337. The appellant, if in custody, shall be liberated on his further

giving security to the satisfaction of the Court, by recognizance, deposit, or otherwise, to appear and receive judgment at an appointed time and place, unless the conviction is set aside by the Supreme

Court.

338. The prosecutor shall be entitled, on payment of the proper fees, to have a copy of any special case or other documents sent to the Supreme Court on any appeal in a criminal case.

XV. GENERAL PROVISIONS (CIVIL AND CRIMINAL MATTERS.) 339. In all matters not in these Rules expressly provided for, the procedure of the Superior Courts and of Justices of the Peace in England in like cases shall, as far as possible, be followed, save that with respect to matters arising under the Admiralty or other special jurisdiction, the procedure of the Courts having such juris. diction in England shall, as far as possible, be followed.

340. Notices, summonses, warrants, decrees, orders, and other documents issuing from the Court shall be sealed with the seal of the Court.

341. In these Rules the words "oath" and "affidavit," and words referring thereto, or to swearing, include affirmation and declaration and refer thereto, or to the making of an affirmation or declaration, where an affirmation or declaration is admissable in lieu of an oath or affidavit.

Terms used in these Rules have the same meanings as in the

Order in Council under which these Rules are framed.

342. The Forms appended to these Rules may be used with

such variations as the circumstances of each case require.

343. The Fees specified in the List appended to these Rules

shall be paid. The Court may, however, remit any such fee, wholly or in part,

if it thinks fit.

344. These Rules shall commence and have effect at the same

time as the Order in Council under which they are framed.

(Signed) EDMUND HORNBY,

Judge.

Approved:

(Signed)

RUSSELL.

IN CHINA AND JAPAN.

FORMS.

Issue for Decision of Questions of Fact without formal Suit.

Her Britannic Majesty's Court at [Canton]

[Saturday] the

] day of [

Between A.B.

and

C.D.

This Court has ordered that the above-named A.B. of

[gentleman] and the above-named C.D. of

[merchant]

ay proceed to the trial of the questions of fact to be determined etween them without any petition presented or other pleading. This Court therefore now further orders that the following

estions be tried.

1. Whether, &c.

2. Whether, &c.

He said A.B. maintaining the affirmative, and the said C.D. the

gative thereof respectively.

(Seal)

Summons in Summary Procedure for Claim under 100 dollars.

In Her Britannic Majesty's Court at [Canton]

[Saturday] the [

To C.D. of

defendant.

] day of [

Between A.B.

Plaintiff,

and

C.D.

Defendant,

[or

In the matter of E.F. an infant]

You are hereby commanded, in Court at [

this

day of

[

[gentleman] the above-named

Her Majesty's name, to attend ] the [ o'clock in the

application] [merchant] the above-named Plaintiff

] on [

] at aoon on the hearing of a claim [or an A.B. of

}

on the part of

(state the precise nature and particulars of the claim, and the amount sought to be recovered, or the precise object of the application, as the case may be.)

(Seal)

The following note is to be added to the original summons, and when the time is altered by indorsement, the indorsement is to

be referred to as below.

NOTE.-If you do not attend either in person or by counsel or torney at the time and place above-mentioned [or at the place oove-mentioned at the time mentioned in the indorsement

hereon],

fuch order will be made and such proceedings taken as the Court

may think just and expedient.

697 add

697 Bed

697 asrd

097 aged

097 asrd

097 ased

RULES OF SUPREME COURT

Summons to Administrator or Executor for Summary Administration.

In Her Britannic Majesty's Court at [Canton]

[Saturday] the [

| day of

In the matter of the property of A.B., late of

deceased.

served with

this summous,

IN CHINA AND JAPAN.

leave from the Court to defend this suit,

as of course, at any time

immediate

any

amount

not

713

Leave to

defend

inclusive day of service, obtain Plaintiff will be entitled, after the expiration of those seven days, to absolute decree, from which there is no appeal, for exceeding the sum above claimed, and such sum as

may be fixed by the Court for costs. the suit may be

the

obtained

on application ex parte

Between ('.D.

and

E.F.

To E.F. of

On the application of C.D. of

Plaintiff,

Defendant.

the above-named defenda

executor of the above-named A.B.

on [

, Esq., the above.

named plaintiff, who claims to be a creditor of the said A.B. You are hereby commanded in Her Majesty's name to attend this ] o'clock in the [ noon, and show

cause, if you can, why an order for the administration of the propert of the said A.B. under the direction of this Court should not be granted.

Court at

(Seal) The following note is to be added to the original summons, o«f when the time is allowed by indorsement, the indorsement is to be referred to as below.

NOTE.—If you do not attend either in person or by counsel or attorney at the time and place above-mentioned for at the place above- mentioned at the time mentioned in the indorsement hereon], suct order will be made and such proceedings taken as the Court may

think just and expedient.

Special Summons on Bill of Exchange or Promissory Note.

In Her Britannic Majesty's Court at [Canton]

[ Thursday] the Between A.B.

To C.D. of

] day of

J 13

Plaintiff.

and

Defendant.

C.D.

the above named defendant.

You are hereby commanded in Her Majesty's name to attend this Court within seven days after service of this summons on you, inclusive of the day of service, and obtain leave from this Court to defend this the above-named plaintiff,

suit:

otherwise A.B. of

will be entitled, as of course, to an immediate absolute decree against

you.

[Indorsement on Summons].

The plaintiff claims [

(Seal)

pounds sterling, principa!

and interest [or balance of principal and interest] due to him as the payee [or indorsee] of a bill of exchange or promissory note, of whic's

the

following is a

copy:-

[Here copy bill or note and all indorsement on it]

And if the amount thereof be paid to the Plaintiff within [ ]

days from the service hereof, further proceedings will be stayed.

NOTICE.

If the Defendant does not within seven days after having been

to the Court, supported by evidence on oath, showing that there is

a defence to the suit on the merits, or that it is reasonable that the

defendant should

the

suit; or on payment

into

allowed to defend

Court of the sum hereon indorsed.

5. Petition.

In Her Britannic Majesty's Court at [Canton].

Between A.B.

and

C.D. and E.F.

Plaintiff.

}Defendants.

(Merchant), the above-named

To X. Y., Esquire, Her Britannic Majesty's Consul at (Canton).

The petition of A.B. of

Plaintiff, Shows as follows:-

1. (On the 1st day of June, 1859, the Defendant, &c.)

2. (On the next day the Plaintiff wrote and sent a letter to the Defendant, the material parts of which were as follows, &c.)

The Plaintiff therefore prays :-

1. [That an account may be taken of what is due for

principal and interest on, &c.]

2. That the Defendant may be decreed to pay to the Plaintiff the amount which shall be so found due within one calendar month, &c.]

3. [That the Plaintiff may have such further or other relief

as the nature of the case may require.]

The Defendants to this Petition are,

C.D. of

EF. of

[merchant], [widow].

A.B.

[or

A.B., the Plaintiff,

Answer.

by L.M., bis Attorney.]

In Her Britannic Majesty's Court at [Canton].

Between A.B.

and

C.D. and

E.F.

Plaintiff,

Defendants.

The answer of C.D., one of the above-named Defendants, to the

petition of the above-named Plaintiff.

097 ased

097 sed

097 asrd

197 ased

RULES OF SUPREME COURT

In answer to the said petition I, C.D., say as follows:-

C.D.

C.D., the Defendant.

by N.O., his Attorney.

Notice of Transfer of Cause to Hearing Paper.

In Her Britannic Majesty's Court at [Conton]

[Saturday] the [ ] day of [

Between A.B.

and

C.D. and E.F.

•

[

] 18

Plaintiff,

Defendants.

To A.B., the above-named Plaintiff,

{or,

To C.D., one of the above-named Defendants.]

This case will be transferred from the General Hearing List to

the Hearing Paper for 18

the

day of

, and will come on to be heard in its turn on that day, if the business of the Court permits, or otherwise on some adjournment day, of which you will receive no further notice.

You are desired to pay attention to the following directions:- If the Plaintiff fails to attend in person or by counsel or attorney on the day appointed, the case if called on may be struck out, and the Plaintiff will be liable to pay to the Defendant such costs as may be fixed by the Court. Also, the case must be set down in the General Hearing List afresh, by which the Plaintiff

will incur delay and expense.

If the Defendant fails to attend in person or by counsel or attorney on the day appointed, the case if called on may, if the Court so directs, be heard and determined in his absence on the evidence adduced on behalf of the Plaintiff, and the Court will issue execution on the judgment so obtained.

If either party has any application to make to the Court to postpone the hearing, it should be made as soon as possible, on application for a summons for that purpose, and if the application is based on any matter of fact, as the absence of a material witness or the like, the facts relied on must be set out and verified in one or more affidavit or affidavits filed in the Court before such application. If either party considers that the questions between the parties are not fairly raised or put in issue by the pleadings, or thinks that the questions raised are obscure, and that he is prejudiced thereby, he may apply to the Court on summons to settle issues, and such application should be made at once.

The parties are warned that at the hearing they are required to adduce all the testimony, written and oral, which each of them desires to rely on, in support of his own case and in contradiction of that of his opponent. The proof will be required at the hearing and not on a subsequent day, and parties failing to bring their testimony forward at the proper time may find themselves absolutely precluded from adducing it at all, or at best only allowed to do 80 on payment of substantial costs to the other side, and on such other terms as the Court thinks fit to impose.

IN CHINA AND JAPAN.

Parties desirous to enforce the attendance of witnesses should ply at once to the Court to issue to or to procure from the national thority of the witness required a summons for his attendance. It is indispensable that the application should be made so as to

low time for a reasonable notice to the witness required.

If the witness is required to bring books or papers, they must

e particularized in the summons sufficiently to enable him clearly

understand what is meant.

Any party summoning a witness through the Court, thereby comes liable to pay such witness a reasonable sum of money to be mmarily fixed by the Court for his expenses and loss of time.

The Court will not enforce the attendance of a witness unless

uch sum has been deposited in the Court.

If either party desires to use in evidence at the hearing any book, paper, or document in the possession or power of the other he must give the other party reasonable notice in writing to oduce it at the hearing, failing which he will not be allowed to

give any secondary evidence of its contents.

arty,

excluded from giving

evidence

person is reason of interest or relationship. The parties themselves, their wives, relations, .artners, and servants respectively are competent witnesses.

Motion Paper.

In Her Britannic Majesty's Court at [Canton].

Between A.B.

C.D.

and

The Plaintiff (or as the case may be] moves

*cat [here state the terms of the motion].

Affidavit

Plaintiff.

(Seal)

Defendant.

of attesting Witness in proof of the due Execution of a

Will or Codicil dated after 31st December, 1837.

In Her Britannic Majesty's Court at [Canton].

In the matter of A.B. deceased,

I, C.D. of

make oath and say that I am

cne of the subscribing witnesses to the last Will

the case may be,] of A.B., late of

aid Will [or Codicil] being now hereto annexed,

[or

Codicil, as

deceased, the

bearing

date

and

that

the testator executed the Colici] on the day of the date thereof, by signing his thereof the testimonium clause thereof, ttestation clause thereto, as the case may be], as the same now

said

Will

[or

name

the

(1) If the signature in in

the appears

the

thereto,

(1) in the presence

of me and

same for his final mig.

ame time,

and we thereupon

attested

and

subscribed the said Will

loot or end

of The other subscribed witness thereto, both of us being present at the

[ Codicil] in the presence of the testator.

Sworn at day of

, this)

> before ine,

X.Y.

C.D.

testimonium

insert,

or attestation clause,

nature

clause "intending the

his will,”

197 aged

197 sed

197 ded

797 aard

797 ased

ωε

797 ased

(1) Tasert besides the name, &c., of the depo. nent, his relationship, if nay, to the testator,

(2) Eseli testamentary paper is to be marked by the persons sworn

and the person adminis- tering the oath.

Where more executors

than one are appointed, memorandum should be

and all are not sworn, a made in the margin of

the oath that power is

to be reserved to the

other

executors or

executor, or that renounced,

they have or he has

RULES OF SUPREME COURT

10.

Oath for Executor.

In Her Britannic Majesty's Court at [Canton].

In the matter of A.B. deceased.

I, C.D. of (1)

make oath and say that I believe

the paper writing for the paper writings] hereto annexed and mark by me (2) to contain the true and original last Will [or last Will with Codicils] of A.B. late of , deceased, and that I am the sole executo [or one of the executors] therein named [or executor according to the tenour thereof, executor during life, executrix during widow. hood, or as the case may be,] and that I will faithfully administ the personal property of the testator by paying his just debts and the legacies given by his Will [or Will`and

Codicils], so far as his personal property shall extend and the las bind me; that I will exhibit an inventory, and render an account of my executorship, whenever lawfully required; that the testatordi

on the

day of

; that at the time of his death he

had his fixed place of abode at within the jurisdiction of this Court; and that the whole of his personal property does not amount in value to the sum of

best of my knowledge, information, and belief.

to the

C.D.

IN CHINA AND JAPAN.

12.

Oath for Administrator (not with Will annexed).

In Her Britannic Majesty's Court at [Cunton]

In the matter of A.B. deceased.

I, C.D. of

•hat A.B., late of

make oath and say

deceased,

died intestate, a bachelor, without parent, brother or sister, uncle or annt, nephew or niece, and that I am his lawful cousin german and e of his next of kin [this must be altered in accordance with the cir- umstances of the case]; that I will faithfully administer the personal property of the deceased, by paying his just debts, and distributing the residue of his property according to law; that I will exhibit an inven- render an account of my administration whenever lawfully

required; that the deceased died at on the day of 18 ; that at the time

of his death he had his fixed place of abode at

tory and

within the jurisdiction of this Court; and that the whole of his per- sonal property does not amount in value to the sum of

the best of my knowledge, information, and belief.

Sworn at

lay of

this)

before me,

E. F.

C.D.

Sworn at

this

day of

before me.

E.F.

11.

13.

Probate.

paper is to be marked

(1)

Each testamentary

the

tering the oath,

persons sworn and the person adminis.

Oath for Administrator unth Will annexed,

In Her Britannic Majesty's Court at [Canton].

In the matter of A.B. deceased.

I, C. D. of

make oath and say tha!

I believe the paper writing [or the paper writings] hereto annexei. and marked by ine (1) to contain the true and original last Will [or last Will with Codicils] of A.B., late of deceased: that the executor therein named is dead without having taken probate thereof [or as the fact may be]; that I am the residuary legatee in trust named therein [or as the fact may be, stating the relationship, f any, of the deponent to the testator]; that I will faithfully administer the personal property of the testator, by paying his just debts and the legacies given by his Will [or Will and Codicils], so far as

his personal property shall extend and the law bind me, and distribu ting the residue of his personal property according to law; that I will exhibit an inventory and render an account of my administration. whenever lawfully required; that the testator died at ; that at the time of his death he had his

on the 18 within the jurisdiction

fixed place of abode at

of this Court; and that the whole of his personal property does not

amount in value to the sum of

of my knowledge, information, and belief.

Sworn at day of

before me,

E.F.

, this

In Her

Britannic

Majesty's

אן

Court at [Canton]

Be it known, that on the

the last Will [or the last Wi'! with

day of

Codicils]

fa copy whereof is hereto annexed) of A.B, late of

and who at the time of his death had his fixed

leceased, who died on

place of abode at within the jurisdiction of this Court, was proved and registered in this Court; and that the ad- ministration of the personal property of the said deceased granted by this Court to C.D., the sole executor [or as the case b] named in the said Will, he having been first duly sworn.

was

may

14.

X. Y.,

H. B. M. Consul at [Canton]

Letters of Administration with Will annexed.

in Her Britannic Majesty's Court at

Be it known, that A.B., late of

who died on the

[Canton]

and who had

place of abode at

(Seal)

, deceased,

, at

day of at the time of his death his fixed

within

Court, made and duly executed his last

to the best

C.D.

his

last Will with

the jurisdiction of this

Will [or Codicils thereto, and did therein name (according to the facts]

And be it further known, that on the

[and

Codicils]

day of

Letters of Administration with the said Will annexed of the personal property of the deceased were granted by this,

797 sed

Sworn under

and that the Testator died

on or about the

fo Anp

in margin. Sworn ander

To be written)

and that the Testator dird

on or about the

So hop

797 asrd

797 word

c97 aged

97 aged

Sworn under

Sworn wader

and that the Testator died

on th

jo hop

Sup

My perend

pop ajupej"1 241 inqj pun

Former grant,

Jan. is

under the same sun

Sworn under

and that the Infestute died

on the

day of

97 sed

RULES OF SUPREME COURT

Court to C.D). [insert the character in which the grant is taken, k having been first duly sworn.

X, Y.,

H. B. M. Consul at (Conton]

15.

Letters of Administration (not with Will onnexed).

In ller Britannic Majesty's Court at [Conton]

Be it known, that on the

A.B., late of

day of

IN CHINA AND JAPAN

the personal property of the deseased, and afterwards, on , died, leaving part thereof unadministered,

and that on the

day of

of Administration of the personal property so left unadministered

were granted by this Court to

Letters

he having

(Set)

Teen first duly sworn.

X. Y.

H. B M. Consul at {Canton;

(Sea!)

Letters of Administration of the personal property &

deceased, who died on

intestate, and who ha

at the time of his death his fixed place of abode at within the jurisdiction of this Court, were granted by this Court to the widow (or as the case may be] of the sai:

intestate, she having been first duly sworn. C.D., of

X. Y.,

H. B. M. Consul at [Conton]

16. Double Probate,

In Her Britannic Majesty's Court at [Cunton]

Be it known, that on the

the last Will (with

(Sex)

18.

Administration Bond.

Know ali men by these presents, that we, A.B. of

C.D. of

are jointly and severally Her Britannic Majesty's Japan, in the sum of

, and E.F. of

bound unto G.H., the Judge of Supreme Court for China and

to be paid to the said G.H. or the Judge of the said Court for the time being; for which payment we bind ourselves, and each of us, for the whole, our and each of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated the

day of

Codicils of A.B., late deceased, who died on

A.B.

(1.8.)

C.D.

(L.S.)

E.F.

(L.9.)

and who at the time of his death has his fixed place of abode a within the jurisdiction of this Court, was proved and registered in this Court, and that administration of his personal pro perty and any way concerning his Will, was granted by this Cour to C.D., one of the executors named in the said Will [or Codicil, b having been first duly sworn, power being reserved of making the like grant to E.F., the other executor named in the said Will. Aul be it further Known, that on the the said Will of the said de ceased was also proved in this Court, and that the like administra

day of , 18 > tion was granted by this Court to the said E.F., he having bee first duly sworn.

17.

X.Y..

H. B. M. Consul at [Conton

(Sea!)

Letter of Administration de Bonis non.

In Her Britannic Majesty's Court at [Canton]

Be it known, that A.B., late of

18, at

, deceased, died o intestate, and had

at the time of his death his fixed place of abode at within the jurisdiction of this Court, and that since his death, namel Letters of Admini

on the day of

tration of his personal property were granted by this Court to C or character of administrator] (which Le ters of Administration now remain on record in this Court) whe [insert the relationship after taking such Administration upon him, partly administered

The condition of the above-written obligation is such, that if

the above-named A.B., the intended Administrator of the personal property of I.J., late of day of

deceased, who died on the

[left

unadministered

do make a true and perfect inventory of the personal property of the deceased [so left unadministered], which has or shall come into [his] possession, ot into the possession of any person for [him], and the same so made do exhibit into Her Britannic Majesty's Supreme Court or Her Britannic Majesty's Court at [Canton], whenever required by law so

by]

property

of the

deceased, which shall

time

such

to do; and the same personal property, and all other the personal

at any after the making and exhibition of inventory come into the possession of the said A.B. or of any person for [him], do well and truly administer according to law; (that is to say), to pay the debts which the deceased ored at [his] death, and all the residue of the said persona! property do deliver and pay to such person or persons as shall be entitled thereto under the Act of Parliament intituled “An Act for the better settling of Intestates' Estates;" and further do make a true and just account of [his] administration whenever lawfully required; and in case it shall hereafter appear that any Will was made by the deceased, and the executor or executors therein named do exhibit the same for probate, then if the said 4.B., being thereunto required, do duly render and deliver up the Letters of Administration granted to him, then this obligation shall be void, and otherwise shall remain

in full force.

Signed, sealed, and delivered before this Court.

(Seal)

97 sed

197 Bed

197 ased

RULES OF SUPREME COURT

19.

Administration Band for Administrators with Will Annexed,

---

Know all men by these presents, that we, A.B., of

C.D. of

and E.F. of

are jointly and severally bound unto G.H., the Judge of Her Britannic Majesty's Supreme Court for China

and

Japan,

sum of

in the , to be

paid to the said G.H. or Judge of the said Court for the time being, for which payment we bind ourselves and each of us, for the whole, our and each of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated the day of

A.B, (L.S.) C.D. (L.B.) E.F. (L.8.) The condition of the above-written obligation is such that if the above-named A.B., the intended Administrator with Will annexed of the personal property of I.J., late of , deceased, who

died on the day of , do make a true and perfect inventory of the personal property of the deceased, left unadminis which has or shall come into [his] possession,

tered by or into the possession of any person for [him], and the same so made do exhibit into Her Britannic Majesty's Supreme Court or Her Britannic Majesty's Court at [Canton], whenever required by law so to do, and the same personal property [so left unadministered] and all other the personal property of the deceased which shall at any time after the making and exhibition of such inventory come into the possession of the said A.B., or of any person for [him], do well and truly administer, (that is to say,) do pay the debts which the deceased owed at 'his] death, and then the legacies given by the saïd Will annexed to the said Letters of Administration as far as such personal property will extend, and the law bind [him], and all the residue of the said personal property shall deliver and pay unto such person or persons as shall be by law entitled thereto, and further do make a true and just account of [his] said Administration whenever lawfully required, then this obligation shall be void, and otherwise shall remain in full force.

Signed, sealed, and delivered before this Court.

20.

(Seal)

Declaration of the Personal Property of a Testator or an Intestate.

In Her Britannic Majesty's Court at [Canton].

A true declaration of all the personal property of A.B., late of

, deceased, who died on the

day of

, and had at the time

of his death his fixed place of abode at within the jurisdiction of this Court, which have at any time since his death come to the possession, or knowledge of C.D., the administrator with the Will annexed of the said A.B., [or adminis trator, as the case may be], made and exhibited upon and by virtue of the oath [or solemn affirmation] of the said C.D. as follows:

IN CHINA AND JAPAN.

First, I declare that the deceased was at the time

or his death possessed of or entitled to

[The details of the deceased's property must be here nserted, and the value inserted opposite to each par-

"watar.]

Lastly, I say that no personal property of the deceased has at any time since his death come to my possession or knowledge, save as is herein-before set forth.

On the

day of

C.D.

the said C.D.

was duly sworn to [or solemnly affirmed the truth of the above-written inventory.

Before me,

(person authorized to administer oaths.]

21. Justification of Sureties. In Her Britannic Majesty's Court at [Canton].

In the matter of A.B. deceased.

We, C.D.

and EF.

severally make oath and say, that we are

the proposed sureties in the penal sum of

on behalf of G.H., the intended

of A.B., late of administration thereof; and I the

perty

for myself

administrator of the personal pro-

said

C.D.

deceased, for his faithful make oath and say, that I am, after payment of all my

;

for

just debts, well and truly worth in money and effects the sum of

and I the said E.F. myself make oath and say, that I am, after payment of all my just debts, well and truly worth in money and effects the sum of

Sworn by the deponents, C.D.

E.F.,

this

day of

Before me,

X.Y.

and

22.

C.D.

E.F.

Renunciation of Probate and Administration will Will annexed.

In Her Britannic Majesty's Court at [Canton].

In the matter of A.B., deceased.

Whereas A.B., late of

on the

day of

a.t

deceased, died

18 having had at the time of his death his fixed place of abode at within the jurisdiction of this Court; and whereas he made and duly xecuted his last Will, dated the

C.D. (1) If there are codici

day of (1), and thereof appointed

xecutor and residuary legatee in trust [or as the case may be. Now I, the said C.D., do hereby declare, that I have not inter- reddled in the personal property of the deceased, and will not here- fter intermeddle therein, with intent to defraud creditors, and urther do hereby expressly renounce all right to probate of the said Will [and Codicils, if any, and to Administration with the said Will and Codicils, if any], annexed, of the personal property of the

eceased.

their dates should be also inserted.

97 är

197 ased

297 add

KULES OF SUPREME COURT

In witness whereof I have hereto set my hand and seal, th

day of

C.D.

(L.S.)

Signed, sealed, and delivered by the above-nam-1 C.D. in t

presence of

GIL

23.

Renunciation of Administration.

In Her Britannic Majesty's Court at ¡Canton].

Whereas A.B., late of

day of

, at

, deceased, died on thị

intestate. widower, having had at the time of his death his fixed place of abol within the jurisdiction of this Court; and am his lawful child, and his

only next of kin or as the case may be] :

Now I, the said C.D.

whereas I, C.D., of

, do hereby declare that

I have not intermeddled in the personal property of the deceas and further do hereby expressly renounce all right to Administ tion thereof.

In witness whereof I have hereto set my hand and seal, f

day of 18 C.D. (L.S.) Signed, sealed, and delivered by the said C.D. in the pa

sence of

G.H.

24.

Order to a Person to bring in a Paper purporting to be testamentary.

day of

In Her Britannic Majesty's Court at [Canton].

the

The

Whereas it appears by a certain affidavit filed in the Court on

To C.D., of , and made bi

day of , that a certain original paper, being or purporting to be testamentary, namely [here descrit:

day of

the paper], bearing date the

control:

18 is now in your possession or under your Now this is to command you, in Her Majesty's name, that with: eight days after service hereof on you, inclusive of the day of such service, you do bring into and leave in this Court the said original paper, or in case the said original paper be not in your possession or under your control, that you, within eight days after the service hereof on you, inclusive of the day of such service, do file in this Court an affidavit to that effect, and therein set forth what knor ledge you have of and respecting the said paper

25.

Affidavit of Handwriting.

In Her Britannic Majesty's Court at [Canton].

In the matter of C.D., deceased.

I, A.B. of

(Seal)

, make oath and say, I kuew and wa

well acquainted with C.D., late of

IN CHINA AND JAPAN.

leceased, who died on the

day of

, at

for many years before and down to his death, and that during tha time I have frequently seen him write and sign his name, whereby I have become well acquainted with his handwriting and signature, and having now with care and attention inspected the paper writing hereunto annexed, purporting to be the last Will of the said C.D., beginning thus ending thus

day of and signed thus, "C.D.," I say that I believe [the whole body and contents of the said Will, together with the signature “C.D." thereto, to be of the handwriting of the said C.D., deceased.

dated the

Sworn at this 18

day of

, before me,

E.F.

26.

Affidavit of Finding and Condition of Will.

In Her Britannic Majesty's Court at [Canton].

In the matter of B.F. deceased.

I, A.B., of

A.B.

make oath and say, that

I am the sole executor named in the paper writing hereto annexed, purporting to be Will of E.F., late of

deceased, (who died on the

at at

day of

and had at his death his fixed place of abode

day of

within the jurisdiction of this Court) the said

Will bearing date the begiuning

thus , ending thus and being signed thus "E.F.," and that [here describe the finding of the Will, and the various obliterations, interlineations, erasures, and alterations (if any) and the general condition of the Will, and state any other matters requiring to be accounted for, and clearly trace the Will from the pos- session of the deceased in his lifetime up to the time of the making of this affidavit]; and I lastly say, that the same paper writing is now in all respects in the same condition as when found [or as the case may be].

Sworn at

day of

, before me,

I.J.

, this

27.

Affidavit of Search.

In Her Britannic Najesty's Court at [Canton.]

In the matter of C.D. deceased.

I, A.B.,

sole

executor

named

A.B.

This form of affidavit is to be used when it is shown by affidavit that neither the subscribing witnesses nor any other person can depose to this precise time of the exe.

make oath and say, that I am the cation of the will,

in the paper writing hereto annexed, purporting

to be the last Will of C.D., late of deceased (who died on the

place of abode at

the said Will beginning

day of

and had at the time of his death his fixed

within the jurisdiction of this Court), ending thus,

thus,

"In witness whereof, I have hereunto set my hand this day

"of

in the year of our Lord one thousand eight hundred

29 sed

297 ded

997 ased

997 word

IN CHINA AND JAPAN

100

KULES OF SUPREME COURT

and fifty-four

or as the case may

be, and being signed thus,

"C.D."

And

referring

particularly

to the

fact that the blank spaces

originally

left in

the

said

Will

for

the

insertion

the

day

and

the

month of the

date

thereof

have

never

been

supplied

[or that the

said

Will is

without

date, or

as the

case

may be, I further say, that I

that I have

have made enquiry of E.F., the solicitor of the said deceased, and

also made diligent and careful search in all places where

the said deceased usually kept his papers of moment, in order to ascertain whether he had or had not left any other Will. And Lastly say, that I believe the deceased died without having left any Will, Codicil, or Testamentary Paper whatever other than the said Will by me herein-before deposed to.

Value of the

Persona! Property

Sworn at

day of

before me,

, this

G.H.

28.

A.B.

Notice to prohibit Grant of Probate or Administration.

In Her Britannic Majesty's Court at [Canton].

In the matter of A.B., deceased.

Let nothing be done in the matter of A.B., late of

deceased, who died on the

day of

and had at the time his fixed place of abode at

• at

}

within the jurisdiction of this Court, without warning being given

to C.D.,

the attorney of G.H., of

Dated this

(Signed)

, [or to E.F, of

day of

C.D., of

[or E.F. of

the attorney of G.H.], of

29,

Warning to Person filing Notice to prohibit Grant.

In Her Britannic Majesty's Court at [Canton].

In the matter of A.B., late of

To C.D., of

attorney of G.H., of

deceased.

[or to E.F., of

You are hereby warned, within six days after the service of this warning upon you, inclusive of the day of such service, to come to this Court, and file therein an affidavit setting forth your [or your client's] interest in this matter; and in default of your so doing this Court will proceed to all such acts and things as shall be needful to be done in this matter.

NOTE.-The warning is issued at the instance of R.S. of there state what interest Ř.S. has, and if under a will er codicil state

its date].

997 ased

(Seal)

30.

List of Probate and Administration.

Her Britannic Majesty's Court at [Canton).

The [1st] day of [August] 18[66].

LIST of PROBATE and ADMINISTRATIONS granted by this COURT up to the 1st day of July, 1866, and not included

Date of Grant

Name in full of Deceased.

His or Her Business, Pro- fession, or other Description.

in any previous List.

Place of his or her Death

Time of his or her Death.

each Executor or Administrator! Name and Description of

taking Probate or Administration.

(Signed)

X. Y.,

HB M. Consul at [Cinton].

(Seul)

997 asrd

497 aged

497 aard

497 add

102

RULES OF SUPREME COURT

31. Charge.

'n Her Britannic Majesty's Court at [Cunton],

[Thursday] the

that [&c., state the offence).

day of

labourer

[being first duly sworn] charges

(Seal)

C.D. of

32.

Summons to Accused.

In Her Britannic Majesty's Court at [Canton].

Thursday] the

To A.B. of

day of

[labourer].

You have this day been charged [on oath] before this Court for

that you [&c., stating shortly the offence charged.]

Therefore you are hereby commanded, in Her Majesty's name,

to appear before this Court on [Saturday next] the

at [10 o'clock in the forenoon] at [

day of

to answer to the said charge, and to be further dealt with according

to law.

IN CHINA AND JAPAN.

35.

103

Summons of a Witness.

'n Eer Britannic Majesty's Court at [Canton].

{Thursday the

To E. F. of A B. of

day of

[labourer]

[labourer] has been charged before this

Court for that [&c., as in summons or warrant against the accused]. And it appears to this Court that you are likely to give material

lence concerning the said charge.

Therefore you are hereby commanded in Her Majesty's name to

ear before this Court on [Saturday next] the in the forenoon]

day of [

lebarge.

] 18 [

] at [10 o'clock

] to testify what you shall know concerning the

36.

(Seal)

33.

Warrant where Witness has not obeyed Summons.

Her Britannic Majesty's Court at [Canton].

[Thursday] the

(Seal)

To X. Y.

Court.

A.B. of

Warrant in first instance for Apprehension of Accused.

In Her Britannic Majesty's Court at [Cunton].

[Thursday] the

To X. Y.

Court.

A.B. of

day of

Police Officer, and other officers of this

[labourer] has this day been charged [on oath] before this Court for that be [&c., stating shortly the offence charged.]

Therefore you are hereby commanded in Her Majesty's name forthwith to apprehend the said A.B., and to bring him before this Court to answer to the said charge, and to be further dealt with according to law.

34.

(Seal)

Warrant of Apprehension of Accused where Summons is disobeyed.

In Her Britannic Majesty's Court at [Canton].

[Thursday] the

To X. Y. Police Officer, and other officers of this Court.

1.B. of

18 3

[&r., as in summons].

day of [labourer] was on the charged [on oath] before this Court for that

day of

And the said 1.B. was by summons of this Court commanded to

appear before this Court on [ ] at [

at L

to answer to the said charge, and to be further

dealt with according to law. And (as it has now been proved to this Court) he was duly served But he has not appeared according to the said

with the summons. summons.

Therefore you are hereby commanded in Her Majesty's name forth- with to apprehend the said A.B., and to bring him before this Court to answer to the said charge, and to be further dealt with according to law.

(Seal)

day of Police Officer, and other officers of this

[labourer] has been charged before this

Court for that &c., as in summonsì.

And it appearing to the said Court that E.F. of fabourer] is likely to give material evidence concerning the said was by summons of this Court

emmanded to appear before this Court on [

charge, the said E.F.

] at [.

know concerning the said charge.

] at

to testify what he should

And (as it has now been proved to this Court) he was duly served

with the said summons.

But he has not appeared according to the said summons, and Las not excused his failure to do so to the satisfaction of this Court. Therefore you are hereby commanded, in Her Majesty's name, to

ring and have the said E.F. before this Court on [.

o'clock in the forenoon] at

at ten

be shall know concerning the said charge.

37.

Warrant for Witness in first Instance.

In Her Britannic Majesty's

[Thursday] the

To X.Y.

Court.

A.B. of

Court at [Canton].

day of

}

] to testify what

(Seal)

Police Officer, and other officers of this

[labourer] has been charged before this

Court for that [as in summons).

And it appears to this Court that E.F. of

[labourer]

is likely give material evidence concerning the said charge, and that

it is probable he will not attend to give evidence unless compelled

to do so.

Therefore you are hereby commanded, in Her Majesty's name, to

tring and have the said E.F.

before this Court on

497 ased

497 add

897 aged

897 aard

897 sed

104

RULES OF SUPREME COURT

[Saturday next] the

[10 o'clock in the forenoon at

day of

knows concerning the said charge.

38.

to testify what

(Sea!)

Warrant of Commitment for Witness for refusing to be sworn

or to give Evidence. In Her Britannic Majesty's Court at [Canton].

[Thursday] the day of 13

To X Y. Police officer of this Court, and to th-

keeper of [Her Britannic Majesty's] Prison at [

A.B. of [labourer] has been charged before th:-

Conrt for that [&c., as in summons,

And E.F. of

[labourer] now being before this Court

to testify what he knows concerning the said charge in pursuance of a summons [or warrant issued by this Court, and being require] refuses to take an oath [or having taken an oath, refuses to answe a certain question now put to him concerning the said charge] and does not excuse his refusal to the satisfaction of this Court.` Therefore you are hereby commanded in Her Majesty's name, you the above-named X. Y., to take the said E.F. and convey him safely to the above-named prison, and there deliver him to the keeper thereof, together with this warrant.

And you, the keeper of the prison, to receive the said E.F. into your custody in the said prison, and to keep him there safely for [seven days, unless he in the meantime consents to answer duly on

oath.

39.

(Seal)

Deposition of Witness on Preliminary Examination before Indictment.

In Her Britannic Majesty's Court at [Canton).

day of

[Thursday] the

A.B. of

for that he [&c., as in

[labourer] stands charged before this Court

summons].

And in the presence and hearing of the said A.B.

[labourer] and E.F. of

depose on oath as follows.

,C.D. [labourer]

First, the said C.D. says as follows:-[state the deposition of the

witness as nearly as possible in the very words he uses. When his

deposition is complete let him sign it.]

Secondly, the said E F. says as follows:-[state his deposition in

same manner],

40.

(Seal)

Statement of the Accused on Preliminary Examination.

In Her Britannic Majesty's Court at [Canton].

day of

[Thursday] the

A.B. of

for that

[&c., as in

[labourer] stands charged before this Court

summons].

And the said charge having been read to the said A.B., and C.D. and E.F., witnesses for the prosecution, having been severally ex-

IN CHINA AND JAPAN.

105

examined in his presence and hearing, and their respective depositions having been read over to the said . B., these words are now said to the said A.B. by this Court, namely-

Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in wri- ting, and may be given in evidence against you on your trial. And I give you clearly to understand that you have nothing to hope from any promise of favour, and nothing to fear from any threat, that may have been held out to you to induce you to make any admission or con- fession of your guilt; but whatever younow say may be given in evidence against you upon your trial, notwithstanding such promise or threat." Whereupon the said A.B. says as follows:-state whatever the

accused says, and as nearly as possible in the very words he uses. him to sign the statement if he will).

41.

[A.B.]

(Seal)

Recognizance to prosecute or give Evidence.

In Her Britannic Majesty's Court at [Canton].

[Thursday] the

C.D. of

day of

Get

[labourer] comes personally before this

Court and acknowledges himself to owe to Our Sovereign Lady the Queen the sum of

fails in the condition hereon indorsed.

(Signed)

to be levied on his goods if he

C.D. (Seal)

Condition indorsed.

The condition of the within-written recognizance is as follows:-

A.B.

Court for that [&c., as in summons].

[labourer] has been

If, therefore the within-named C.D.

appears

charged before this before this Court ou

[

]

at [

] *and then and there prefers

an indictment against the said A.B. for the said offence, and duly prosecutes the same (and gives evidence thereon*], then the said recognizance shall be void, and otherwise shall remain in full force. [Where the recognizance is only to give evidence, substitute for the words between the asterisks * * the following:-] and then and there give evidence on an indictment, to be then and there pre- ferred against the said A.B. for the said offence.

42.

Notice of Recognizance to be given to Prosecutor and each of his

In Her Britannic Majesty's Court at [Cauton].

[Thursday] the

C.D. of

Witnesses.

day of

[labourer].

You are bound in the sum of

before this Court on [

]

at [

to appear

]

and then and there to prosecute and give evidence against or to prosecute or to give evidence against] A.B. of

labourer] and unless you do so, the recognizance entered into by you will be forthwith levied on your goods.

(Seal)

897 sed

897 asrd

897 ded

697 aged

697 ased

[Thursday] the To X. Y.

106

RULES OF SUPREME COURT

43.

Commitment of Witness for refusing to enter into Recognizaner.

In Her Britannic Majesty's Court at [Canton].

of [Her Britannic Majesty's Consular]

A.B. of

day of prison at Police Officer of this Court, and to the keeper [labourer] has been charged before this

Court for that [&c., as in summons}.

the said L..V. and N.O. the sum of

to be levied on our several goods if the said 4.B. fails in the condition hereon indorsed.

We, A.B., of

IN CHINA AND JAPAN.

107

[labourer,] L. M., of

[grocer,] and N.O., of

[butcher,] come

personally before this Court, and severally acknowledge ourselves to cwe to our sovereign Lady the Queen the several sums following, tamely, the said A.B., the sum of

, and

each,

A.B. L.M. N.O.

(Seal)

Condition indorsed.

And E.F. of

[labourer] having been now examined before this Court concerning the said charge, and being required, refuses to enter into a recognizance to give evidence against the said A.B.

you the

Therefore you are hereby commanded in Her Majesty's name,— above-named X. Y. to take the said E.F., and convey him safely to the above-named prison, and there deliver him to the keeper thereof, together with this warrant.

And you, the keeper of the said prison, to receive the said E.F. into your custody in the said prison, and to keep him there safely until after the trial of the said A.B. for the said offence, unless the said E.F. in the meantime consents to enter into such recognizance as aforesaid.

44.

(Seal)

Warrant remanding the Accused, or (in summary cases) committing him for safe custody during an adjournment of the hearing, or where the hearing is not at once proceeded with.

In Her Britannic Majesty's Court at [Canton].

[Thursday] the

To X.Y.

day of

Police Officer of this Court, and to the keeper

of [Her Britannic Majesty's Consular] prison at [

A.B. of [labourer] has been charged before

this Court for that [&c., as in summons]. * And it appears to this Court to be necessary to remand the said

A.B.*

Therefore you are hereby commanded in Her Majesty's name, you the above-named X. Y. forthwith to convey the said A.B. to the above mentioned prison, and there deliver him to the keeper thereof, together with this warrant. And you, the keeper of the said prison, to receive the said A.B. into your custody in the said prison, and there safely keep instant, and then to

day of

him until the have him before this Court at [ten o'clock in the forenoon] of the same day at [ to answer further to the said charge, and to be

further dealt with according to law. (Seal)

In summary cases substitute for the words between the asterisks

** the following. And the hearing of the said charge is adjourned [or cannot be at once proceeded with], and it is necessary that the said A.B. should in the meantime be kept in safe custody.

45.

Recognizance of Bail instead of remand on an adjournment of preliminary examination, or for surrender for trial, or (in summary cases), on adjournment of hearing, or where hearing is not at once proceeded

with.

In Her Britannic Majesty's Court at [Canton]

[Thursday] the

day of

The condition of the within-written recognizance is as follows:- The within-bounden A.B. has been charged before this Court for

Ihat [ƒc., as in summons] If therefore the said A.B. appears* before this Court on

ì, at [ o'clock,] at [ ], to answer [further] to the said charge, and to be [further] dealt with according to law,* then the said recognizance shall be void, and

therwise shall remain in full force.

[Where the recognizance is for surrender for trial, substitute for

the words between asterisks the_following :—] before

at [

], on [

], at [

o'clock],

], and then and there surrender himself into

the custody of the keeper of the [

] prison there, and plead to such indictment as may be preferred against him for the offence aforesaid, and take his trial thereon, and not depart from the Court without leave.

46.

Notice of Recognizance to be given to Accused and each of his Sureties.

In Her Britannic Majesty's Court

[Thursday], the

To A.B., of

[grocer,] and N.O., of

at [Canton]

day of

[labourer] L.M. of

[butcher].

and

You A.B. are bound in the sum of

your sureties, L.M. and N.O., in the sum of

each, that you A,B. appears before* this Court on the

day

at [

o'clock], at [

] to answer [further] to the charge made against you by C.D., and to be [further] dealt with according to law; and unless you A.B. do

FO, the recognizance entered into by you A.B., L.M., and N.O. will

be forthwith levied on your respective goods.

(Seal) [Where the recognizance is for surrender for trial, substitute for the words between asterisks * *, words corresponding to the terms of the condition.]

47.

Warrant of Commitment of Accused for trial.

In Her Britannic Majesty's Court at [Canton]

[Thursday] the

day To X.Y., Police Officer of this Court, and to the keeper of

[Her Britannic Majesty's Consular] prison at [

A.B. stands charged before this Court on the oath of C.D., of

Euramons].

[labourer] and others for that [&c., as in

697 sed

697 word

697 asrd

027 aged

047 əsrd

027 Bed

108

RULES OF SUPREME COURT

IN CHINA AND JAPAN.

100

Therefore you are hereby commanded in Her Majesty's -you the above-mentioned X. Y., to convey the said A.B. to the above-mentioned prison, and there to deliver him to the keeper thereof, together with this warrant. And you the said keeper of the said prison to receive the said A.B. into your custody in the said prison, and there safely keep him till he is thence course of law,

s name,

.bt [

delivered

dur

And in default of sufficient distress,* this Court adjudges the said A.B. to be imprisoned in [Her Britannic Majesty's Consular] prison [there to be kept to hard labour] for the

space of [ ] unless the said sums and all costs and harges of the said distress [and + of the commitment, and con- eyance of the said A.B. to the said prisou] be sooner paid. (Seal)

(Seal

48.

Summary Conviction where the Punishment is Imprisonment and

no Penalty. In Iler Britannic Majesty's Court at [Canton,

day of

[Thursday] the A.B.

18 [labourer] is this day convicted before this Cour for that [&c., state the offence and the time and place when and where committed].

And this Court adjudges the said A.B. for his said offence to be

imprisoned in (Her Majesty's Consular) prison at [ there to be kept to hard labour for the space of [ And this Court also adjudges the said A.B. to pay to the said

C.D. the sum of for his costs in this behal

And if the same be not paid forthwith (or on or before next) then* this Court orders that the same be levied by distress and sale of the goods of the said A.B.

sufficient distress* this Court adjudges the said A.B. to be imprisoned in the said prison [to be there kept to to commence at and from

And

default

hard

labour]

for

the

space of [

[Where the issuing of a distress warrant would be ruinous to the per- un convicted and his family, or it appears that he has no goods whereon

a distress could be levied, then substitute for the words between the aste- rieks * * the following:

Inasmuch as it has now been made to appear to this Court that the issuing of a warrant of distress would be ruinous to the said A.B. and his family (or that the said A.B. has no goods whereon the said sums can be levied by distress].

[Where the conviction is for as a penalty, and in default of payment, prisonment, omit the words between the usterisks ** and also the

wirds between the marks † †].

50.

Warrant of Commitment on a Conviction where the Punishment

is imprisonment .. I no penalty.

To X. Y. Police Officer of t

In Her Britannic Majesty's Court at [Canton].

[Thursday] the

day

] prison at

Court, and to the keeper of

A.B. of

Court

conviction

[lab urer] stands convicted before this

dated the

day of

for that

[&c., as in conviction].

(Seal)

And it

per.

]

the termination of his imprisonment aforesaid, unless the sum for

costs be sooner paid.

[Where the issuing of a distress warrant would be ruinous to the son convicted and his family, or it appears that he has no goods where on a distress could be levied, then substitute for the words between the

following:-]

asterisks * * the Inasmuch as it has now been made to appear to the Court that the issuing of a warrant of distress in this behalf would be ruinous to the said A.B. and his family [or that the said A.B. has no goods

whereon the said sum could levied by distress].

49.

Summary Conviction for a Penalty to be levied by Distress, and in default of sufficient Distress, Imprisonment, or for a Penalty, and

default of Payment Imprisonment, In Her Britannic Majesty's Court at (Canton].

[Thursday] the day of

A.B. of

[labourer] is this day convicted before this Court for that [&c., state the offence, and time and place when and

where committed].

And this Court adjudges the said A.B for his said offence to

pay the sum of

in and by the said conviction adjudged that the said

A.B. for his said offence should be imprisoned in the []

prison labour for the space of [

[

}, and there be kept to hard

Therefore you are hereby commanded, in Her Majesty's name, you the above-named X. Y., to take the said A.B., and convey him to the said prison, and there deliver him to the keeper thereof, together with this warrant. And you, the said keeper of the said prison, to receive the said A.B. into your custody in the said prison, and there to imprison him [and keep him to hard labour] for the space of [ J.

51.

(Seal)

Warrant (on Conviction for a Penalty) for Commitment of the person convicted in the first Instance without previous Warrant of Distress.

In Her Britannic Majesty's Court at [Canton].

[Thursday] the

To X. Y. Police Officer of this

[ state the penalty and also the

prison at [

and

A.B. of

Court by a conviction dated the

forfeit and compensation if any] to be paid and applied according to

also to pay to the said C.D. the sum of

for his costs in this behalf.

And if the said sums be not paid forthwith [or on or before

next] then* this Court orders that the same be levied by distress and sale of the goods of the said A.B.

that, [&c., as in conviction].

day of

Court, and to the keeper of [

]

[labourer] stands convicted before this

day of

for

And it is in and by the said conviction adjudged that the said A.B. should for his said offence forfeit and pay [&c., as in conviction]; and should also pay to the said C.D. the sum of

for his costs in that behalf.

047 sed

027 add

027 ded147 sed

127 sed

147 sed

110

KULES OF SUPREME COURT

And that if the said sums should not be paid forthwith or on

imprisoned in the

above-mentioned prison

[and be there kept to ], the said A.B. should te the costs and charges of th

conveying of the said A.B. to the said prison] should be sooner

before the

day of

hard labour]

unless the same [and

And

the

said

A.B.

being

required to pay the

ing to said conviction has not done so.

said sums accord

Therefore you are hereby commanded in Her

to the said

pard

Majesty's nau

you the above-named X. Y., to take the

prison to

And you the said keeper

receive the said A.B. into your

prison, and there to imprison him

said A.B. and convey him

prison, and there deliver him to the keeper there

together with this warrant. of the sa custody in the sai keep him to hard labour for

the space of [ ] unless the said several sums [and ti:

costs and charges of the conveying of him to the said pris amounting the further sum of

[and

? be sooner

paid.

(Seal)

52.

Warrant of Distress upon Conviction for a Penalty, or where the

Person convicted is to pay Costs but no Penalty.

In Her Britannic Majesty's Court at [Canton].

[Thursday] the

To X, Y.

B. of

Court by a conviction dated the

that [fc., as in conviction].

day of

Police Officer of this Court. [labourer] stands convicted before the

day of

And it is in and by the said conviction adjudged that the said A.B. should, * for his said offence, forfeit and pay [§c.,osin conviction: and should also* pay to the said C.D. the sum of for bis costs in that behalf.

I, X. Y. of

IN CHINA AND JAPAN.

111

Police Officer of this Court, do hereby certify to this Court that by virtue of the within written warrant, I have made diligent search for the goods of the within named A.B., and that I can find no sufficient goods of the said A. B., whereon thá sums within mentioned can be levied.

54.

Warrant of Commitment for Want of Distress.

In Her Britannic Majesty's Court at [Canton".

[Thursday] the

X. I

day of To X. Y., Police Officer of this Court, and to the keeper of |

prison at [ ]

[Proceed as in warrant of distress (Form 52), down to the con

mencement of the commanding part, and then thus:-]

And on the

day of

and

issued a warrant to you, the above-named X. Y., lery the said sum of

for costs] by distress and sale of the goods of the

, this Cour

commanding

you tʊ

, for the said sum of

said

A.B,

said

otherwise,

that

you

have

made

sufficient

and it now appears to this Court, as well by the return of you the

X. Y. to the said warrant as diligent search for the goods of the said A.B., but that no distress whereon the said sums could be levied could be found. Therefore you are hereby commanded in Her Majesty's name, you the said X. Y., to take the said A.B. and convey him safely to the above-mentioned prison, and there deliver him to the keeper thereof. together with this warrant. And you the said keeper of the said prison:

for

to receive the said A.B. into your custody in the said prison, and there to imprison him [and keep him to hard labour] for the space of ] unless the said sums [or sum] and all the costs and charges of the said distress [and of the commitment and conveying to the said prison of the said A.B.] amounting to the further sum of

be sooner paid.

(Seal)

And that if the same should not be paid forthwith [or on or ] the same should le

day of

before the levied by distress and sale of the goods of the said A.B.

And the said A.B., although required to pay the same according

to the said conviction, bas not paid the same.

Therefore you are hereby commanded, in Her Majesty's name, that you forthwith make distress of the goods of the said A.B., and days next after the making of such

if within the space of distress, the said sums † togeth with the reasonable charges of the making and keeping of the said distress be not paid, then that you sell the said goods by you distrained, and pay the money arising thereby into this Court, in order that it may be applied according to law, and that the overplus, if any, may be rendered on demand to the said A.B., and that if no such distress can be found, then yo certify the same to this Court, in order that further proceedings may be had according to law. (Seal) penalty, omit the

[Where the person convicted is to pay costs but no marked †, suk

words between asterisks * *, and for the word " sums stitute sum."]

53.

Officer's Return, if no sufficient Distress, to be indorsed on Warrant.

In Her Britannic Majesty's Court at [Canton}.

[Thursday] the

day of

55.

Order of Dismissal of Charge.

In Her Britannic Majesty's Court at [Canton]

[Thursday] the

A.B. of

day

[labourer] was on the

charged before this Court

18 day of

for that [§r., as in summons or

warrant]. And nor both the said parties appear before this Court in order that it may hear and determine the said charge (or the said A.E. appears before this Court, but the said C.D., although duly called, does not appear].

Whereupon, the matter of the said charge being by this Court duly considered, it manifestly appears to this Court that the said charge is not proved, and* this Court dismisses the same.

Aud adjudges that the said C.D.

this behalf, and if the same be

do pay to the

for

his

costs

not paid forthwith

[or

before

said A B.

]

the sum

this Court orders

that the same be levied

by distress and sale of the goods of the said

C.D., and in default of sufficient distress, this Court adjudges the said

C.D. to be imprisoned

[

] prison at [and there kept to hard labour} unless the same sumn and costs and charges of the said distress [and of thy

147 ased

147 sed

747 add

We add

day of

Court.

A.B., of

, [labourer], was on the

day of

was

not

did

And afterwards, namely, on the both parties appeared before this Court in order that it should hear and determine the said charge [or the said A.B. appeared before this Court, but the said C.D., although duly called did not appear], and thereupon the matter of the said charge being duly considered by this Court*, and it manifestly appearing to this Court that the said charge proved,* this Court dismiss the same, and adjudged that

the said C.D. should pay to the said A.B. the sum of for his costs in that behalf, and that if the said sum should not be paid forthwith [or on or before then the same should be

levied by distress and sale of the goods of the said C.D.

, charged before this Court for that

day of

112

RULES OF SUPREME COURT

commitment and conveying to the said prison of the said C.D.] be

sooner paid.

(Seal)

Where the person making the charge does not appear at the hearing

the words between asterisks **

may be omitted.

56.

Certificate of Dismissal of Charge to be given to Accused.

In Her Britannic Majesty's Court at [Canton].

[Thursday]

the

[

This is to certify

4.B., of

]

day of that a charge made on the [

by C.D., of

day of [labourer], against [labourer], for that [&c., as in summons or warrant] is now considered by this Court, and is by this Court dismissed [with costs].

57.

(Seal)

Warrant of Distress for Costs to be paid by the Person making the

Charge, on an Order for Dismissal of the Charge.

[Thursday] the

In Her Britannic Majesty's Court at [Canton].

To X. Y., Police Officer of this

[c., as in summons or warrant].

FEES.

For service of summons, petition, motion-paper, notice, warrant, decree, order,

or other document (except an answer) on a party, witness, juror, assessor, or

other person under any branch whatever of the civil jurisdiction—

Within one mile (English) of Court Beyond, for every further complete mile

Serving of an answer

...

Decision of Questions without formal Suit.

On Summons for issue or special case

***

Summary Procedure for Administration of Property of

Deceased Persons.

...

Dollars

01/1

01/

IN CHINA AND JAPAN.

113

On issue or special case

On hearing

On summons On order

Summary Orders before Suit.

On application for order

On recognizance On order

And the said C.D., although required to pay the same according

to the said order has not paid the same.

Therefore you are bereby commanded—

Proceed as in the commanding part of Form 52, only substituting

the name of C.D., the prosecutor, for the name of A.B., the accused, and, for the word "sume' at the mark† read “sum.”

Warrant of Commitment for Want of Distress in the last Case.

In Her Britannic Majesty's Court at [Canton].

[Thursday] the day of

To X.Y.

Police Officer of this Court, and to the keeper

] prison at [

then thus :-

Bankruptcy and Arrangement.

On petition for adjudication

On order of adjudication

appointment of each assignee

For

every meeting or adjourned meeting

For

every notice (exclusive of printing expenses)

(Seal)

order of discharge

Ou petition to aunul adjudication

...

58.

Proceed as in last form down to the commencement of the commanding

part, and

And on the

day of

this Court issued a warrant to you, the above-named X. Y., [proceed as in Form 54, only substituting the name of C.D., the prosecutor, for

name of A.B., the accused],

the

(Seal)

To official assignee

On trust deed for benefit of creditors or other instrument

arrangement registered...

Maritime Cases.

On application for commission of survey

On appointment of commission

To each surveyor

For extension of Report of survey and copies

On petition for appointment of adjusters

To each adjuster

On extending average bond

To agent of owners of cargo

Two per cent. on

assets

collected

One half per cent. oa

value of estate.

10 5

Such sum as the Court

(but in the case of a Provincial Court,

subject

the appro-

val of the Supreme

Court) thinks fit

and reasonable.

On order annulling adjudication..

...

Traded

비

E27 aged

114

EL Bed

RULES OF SUPREME COURT

Probate and Administration.

On application for probate or administration

On oath of every executor, administrator, and surety

On probate or letters of administration

On Filing account

On passing account

Ordinary Suits.

Dollars

The like sum a 15

the time being på. able in England Stamp duty in hit: cases, with one per

cent. additional case of appointm

of official adva

istrator.

5 10

In every suit of any kind whatever, other than such as are before specified: --

Where amount involved is—

Under 100 dollars

100 dollars and under 250 dollars

250 dollars or upwards

Where judicial relief or assistance is sought, but not

the

recovery of money

Dollars.

On Summons

or Petitiou.

On Hearing

One per cent.

One and a half pa

on amount,

ceat, on amount.

On every summons, motion, application, or demand, taken out, made,

or filed, (not particularly charged)

every

decree or order (not

On motion for new trial after trial with a jury

particularly charged)

On order for

adjournment of hearing rendered necessary by default of

either party (to be paid by that party)

On every warrant of execution against goods-

For less than 250...

For 250 dollars or upwards..

For keeping possession, per diem

Appeal to Supreme Court.

Doliars.

On motion for leave to appeal

every security

On order for leave to appeal

On appeal against adjudication of bankruptcy

On appeal against allowance, suspension, or refusal

of order of discharge in bankruptcy

On appeal where judicial relief or assistance is

sought, but not the recovery of money

Where amount

involved is 1,250 dollars or upwards.

On petition or

Motion.

On any appeal other than such as are before (Two per cent.

specified

on amount

involved.

Appeal to Her Majesty in Council.

On motion for leave to appeal

On every security

On order for leave to appeal

On record of appeal (including expense of transmission)...

Dollars.

Where amount

involved is under

1,250 dollars.

On Hearing.

ཆེ ཚེ ༤

Two per cent

on amount

involved.

Buch sum as the

Court direct.

On deposit of money

IN CHINA AND JAPAN.

Miscellaneous.

•

Ou deposit or registration of bill of sale, will, deed of partnership,

on other document

On notice of bill of sale filed

For taking inventory, per diem

For protest of a bill of exchange, and copy

For noting same

For taking an affidavit

For drawing a will

...

For certifying signature or seal

For attendance at a sale:

Where the purchase money is under 500 dollars

Where 500 dollars or upwards

On a reference to the archives

For certified copy of document in the archives-

For first 100 words

For every further 100 words

Dollars.

Two and a hai

per cent, og mou

(8uch sum as the

Court direct◄

For an official certified translation of any document in Chinese,}

Japanese, or Dutch

For an official certified translation of a document in any other lan-

guage-

For first 200 words

For every further 200 words

For communication between two Courts

For communication in writing to a foreign Consulate, or to

local Chinese or Japanese authority

...

For attendance of any of Her Majesty's officers at Chinese or Ja-

panese office or tribunal :—

Where amount involved is-

Under 1,250 dollars

1,250 dollars and under 2,500 dollars

2,500 dollars and under 5,000 dollars 5,000 dollars or upwards

II-CRIMINAL MATTERS.

on amount

[15

Such sum as the Court

directs

122

сл

On every summons or warrant, unless specially directed by the

Court to be issued

hearing

in summary

case

On warrant of commitment

On recognizance or other security

For

service

of notice on each juror or assessor

On trial with a jury

On record of sentence on trial with a jury

For copies of documents

...

Appeal to Supreme Court.

On application for special case on summary conviction

On argument filed separately from application

On special case on summary conviction

On special case on point of law reserved

recognizance

or other security

On each step required

Appeal to Her Majesty in Council.

eas

As in civil va123

10 40 10 10 10

The like fee as on the corresponding step in civil appeals to Ber Majesty in Council

El ased

Et sed

ade

127 ased

TREATIES WITH

CHINA.

GREAT BRITAIN.

TREATY BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA, SIGNED IN THE ENGLISH AND CHINESE LANGUAGES, AT NANKING, AUGUST 29, 1842.

Ratifications Exchanged at Hongkong, June 26, 1843.

Article 1. There shall henceforward be peace and friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and his Majesty the Emperor of China, and between their respective subjects, who shall enjoy full security and protection for their persons and property within the dominions of the other. 2. His Majesty the Emperor of China agrees that British subjects, with their families and establishments, shall be allowed to reside, for the purpose of carrying on their mercantile pursuits, without molestation or restraint, at the cities and towns of Canton, Amoy, Foo-chow-foo, Ningpo, and Shanghai; and Her Majesty the Queen of Great Britain, &c., will appoint superintendents, or consular officers, to reside at each of the above-named cities or towns, to be the medium of communication between the Chinese authorities and the said merchants, and to see that the just duties and other dues of the Chinese government, as hereafter provided for, are duly discharged by Her Britannic Majesty's subjects.

stores

Queen

Her

It being obviously necessary and desirable that British subjects should have some port whereat they may careen and refit their ships when required, and keep for that purpose, his Majesty the Emperor of China cedes to Her Majesty the of Great Britain, &c., the Island of Hongkong, to be possessed in perpetuity by Britannic Majesty, her heirs, and successors, and to be governed by such laws and regulations as Her Majesty the Queen of Great Britain, &c., shall see fit to direct. 4. The Emperor of China agrees to pay the sum of six millions of dollars, as the value of the opium, which was delivered up at Canton in the month of March, 1839,

who

and as a ransom for the lives of Her Britannic Majesty's Superintendent and subjects

had been imprisoned and threatened with death by the Chinese high officers. 5. The government of China having compelled the British merchants trading at Canton to deal exclusively with certain Chinese merchants, called Hong merchants (or Co-Hong), who had been licensed by the Chinese government for that purpose, the Emperor of China agrees to abolish that practice in future at all ports where British merchants may reside, and to permit them to carry on their mercantile transactions with whatever persous they please; and his Imperial Majesty further agrees to pay to the British government the sum of three millions of dollars, on account of debts due

become

to British subjects by some of the said Hong merchants, or Co-Hong, who have insolvent, and who owe very large sums of money to subjects of Her Britannic Majesty.

NANKING TREATY, 1842.

117

out an

the

expenses

of China incurred;

6. The government of Her Britannic Majesty having been obliged to send expedition to demand and obtain redress for the violent and unjust proceedings of the Chinese high authorities towards Her Britannic Majesty's officers and subjects, Emperor agrees to pay the sum of twelve millions of dollars, on account and Her Britannic Majesty's plenipotentiary voluntarily agrees behalf of Her Majesty, to deduct from the said amount of twelve millions of dollars, any sums which may have been received by Her Majesty's combined forces, and town. in China, subsequent to the 1st day of August, 1841.

7. It is agreed that the total amount of twenty-one millions of dollars, described

in the three preceding articles, shall be paid as follows:-

Six millions immediately.

Six millions in 1843; that is, three millions on or before the 30th of June, and

three millions on or before the 31st of December.

Five millions in 1844; that is, two millions and-a-half on or before the 30th of

June, and two millions and-a-half on or before the 31st of December.

Four millions in 1845; that is, two millions on or before the 30th of June, and

two millions on or before the 31st of December.

And it is further stipulated, that interest, at the rate of 5 per cent. per annum. shall be paid by the government of China on any portion of the above sums that are not punctually discharged at the periods fixed

8. The Emperor of China agrees to release, unconditionally, all subjects of Her Britannic Majesty (whether natives of Europe or India), who may be in confinement at this moment in any part of the Chinese Empire.

9. The Emperor of China agrees to publish and promulgate, under his imperial sign manual and seal, a full and entire amnesty and act of indemnity to all subjects of China, on account of their having resided under, or having had dealings and inter- course with, or having entered the service of, Her Britannic Majesty, or of Her Ma- jesty's officers; and His Imperial Majesty further engages to release all Chinese subjects who may be at this moment in confinement for similar reasons.

10. The Emperor of China agrees to establish at all the ports which are, by the second article of this treaty, to be thrown open for the resort of British merchants, a fair and regular tariff of export and import customs and other dues, which tariff shall be publicly notified and promulgated for general information; and the Emperor further engages that, when British merchandise shall have been once paid at any of the said ports the regulated customs and dues, agreeable to the tariff to be hereafter fixed, such merchandise may be conveyed by the Chinese merchants to any province or city in the interior of the empire of China, on paying a further amount as transit duties, which shall not exceed per cent. on the tariff value of such goods.—(See, for Tariff Act,

CANTON.) 11. It is agreed that Her Britannic Majesty's chief high officer in China shall correspond with the Chinese officers, both at the capital and in the provinces, under the term "communication;" the subordinate British officers and Chinese high officers in the provinces under the term "statement," on the part of the former, and on the part of the latter, "declaration," and the subordinates of both countries on a footing of perfect equality merchants and others not holding official situations, and therefore not included in the above, on both sides to use the term "representation" in all papers addressed to, or intended for, the notice of the respective governments.

12. On the assent of the Emperor of China to this treaty being received, and the discharge of the first instalment of money, Her Britannic Majesty's forces will retire from Nanking and the Grand Canal, and will no longer molest or stop the trade of China. The military port at Chinhae will also be withdrawn; but the islands of Koolangsoo, and that of Chusan, will continue to be held by Her Majesty's forces until the money payments, and the arrangements for opening the ports to British merchants, be completed.

13. The ratification of this treaty by Her Majesty the Queen of Great Britain, &c., and His Majesty the Emperor of China, shall be exchanged as soon as the great distance which separates England from China will admit; but, in the meantime, counterpart

2 sed

LORD ELGIN'S PROCLAMATION, 1860.

wpies of it, signed and sealed by the plenipotentiaries on behalf of their respective sovereigns, shall be mutually delivered, and all its provisions and arrangements shall

take effect.

Done at Nankin, and signed and sealed by the plenipotentiaries on board He Eritannic Majesty's ship Cornwallis, this 29th day of August, 1842; corresponding with Chinese date, twenty-fourth day, of seventh month, in the twenty-second year o

Tacukwang.

HENRY POTTINGER,

Her Majesty's Plenipotentiary.

And signed by the seals of four Chinese Commissioners. This Treaty is given, because by the subsequent Treatis, it is still in force).

CONVENTION AND TREATY OF PEACE BETWEEN GREAT BRITAIN AND CHINA, 1860.

PROCLAMATION.

The Earl of Elgin and Kincardine, K.T., G.C.B., Her Britannic Majesty's Special Ambassador in China, &c., &c., has much satisfaction in informing Her Majesty's subjects in China that a Convention for re-establishment of Peace between Great Britain and China was concluded, and the Ratification of the Treaty of Tientsin of the Year 1858, duly exchanged at Peking, on the 24th of October, 1860.

The Earl of Elgin now publishes for general information the text of the said Convention and Treaty, together with the text of the tariff, and rules which form part of the Treaty, and were agreed to by him and the Plenipotentiaries of the Emperor of China at Shanghai, on the 8th of November, 1858.

The Earl of Elgin trusts that by a considerate treatment of the natives with whom they may come into contact, and a faithful observance of their obligations towards the Chinese Government, Her Majesty's subjects in China will do what in them lies to reconcile the people and authorities of China, to the changes in their relations with foreigners, which are about to be introduced under the international compacts herewith promulgated—changes which if they be carried into effect in such a manner as to afford greater scope to the commercial activity of the Chinese people, without doing unnecessary violence to their habits and traditions, will, it may be hoped, prove beneficial to them,

all who have dealings with them.

and

Due notice will be given whenever the arrangements for carrying into execution the provisions of this Convention and Treaty, at the Ports thereby opened to British Trade, shall be completed.

GOD SAVE THE QUEEN.

Dated at Tientsin, this twentieth day of November, A.D., 1860.

ELGIN AND KINCARDINE.

CONVENTION OF PEACE BETWEEN HER MAJESTY AND

THE EMPEROR OF CHINA,

SIGNED AT PEKING, 24TH OCTOBER, 1860.

Her Majesty the Queen of Great Britain and Ireland, and His Imperial Majesty the Emperor of China, being alike desirous to bring to an end the misunderstanding at present existing between their respective Governments, and to secure their relations against further interruption, have for this purpose appointed Plenipotentiaries, that

is to say :-

PEKING CONVENTION, 1860.

119

Her Majesty the Queen of Great Britain and Ireland, the Earl of Elgin and Ancardine; and His Imperial Majesty the Emperor of China, Ilis Imperial Highness

Le Prince of Kung; who having met and communicated to each other their full

Convention, Nine Articles :--- lowers, and finding these to be in proper form, have agreed upon the following, Art. 1.-A breach of friendly relations having been occasioned by the act of the Garrison of Taku, which obstructed Her Britannic Majesty's Representative when on way to Peking, for the purpose of exchanging the ratifications of the Treaty of Peace, concluded at Tientsin in the mouth of June, one thousand eight hundred and ty.eight, His Imperial Majesty the Emperor of China expresses his deep regret at

so occasioned.

Le misunderstanding Art. II.-It is further expressly declared, that the arrangement entered into at Shanghai, in the month of October, one thousand eight hundred and fifty-eight, ween Her Britannic Majesty's Ambassador the Earl of Elgin and Kincardine, and His Imperial Majesty's Commissioners Kweiliang and Hwashana, regarding the residence of Her Britannic Majesty's Representative in China, is hereby cancelled, and that, in accordance with Article III. of the Treaty of one thousand eight hundred and ifty-eight, Her Britannic Majesty's Representative will henceforward reside perma- uently or occasionally, at Peking, as Her Britannic Majesty shall be pleased to decide. Árt. III.-It is agreed that the separate Article of the Treaty of one thousand eight hundred and fifty-eight is hereby annulled, and that in lieu of the amount of demnity therein specified, His Imperial Majesty the Emperor of China shall pay the sum of eight millions of taels, in the following proportions or instalments, namely, --at Tientsin, on or before the 30th day of November, the sum of five hundred thousand taels; at Canton on or before the first day of December, one thousand eight Lundred and sixty, three hundred and thirty-three thousand and thirty-three taels, less the sum which shall have been advanced by the Canton authorities towards the completion of the British Factory site of Shameen; and the remainder at the ports

foreign trade, in quarterly payments, which shall consists of the gross revenue from Customs there collected; the first of the said payments being lue on the thirty-first day of December, one thousand eight hundred and sixty, for

quarter terminating on that day.

upen

the

one-fiftieth of

It is further agreed that these monies shall be paid into the bands of an officer whom Her Britannic Majesty's Representative shall specially appoint to receive them,

and that the accuracy of the amounts shall, before payment, be duly ascertained by British and Chinese officers appointed to discharge this duty.

order to prevent future discussion, it is moreover declared that of the eight millions of taels herein guaranteed, two millions will be appropriated to the indemni- fication of the British Mercantile Community at Canton, for losses sustained by them; and the remaining six millious to the liquidation of war expenses.

Art. IV.-It is agreed that on the day on which this Convention is signed, His Imperial Majesty the Emperor of China shall open the port of Tientsin to trade, and that it shall be thereafter competent to British subjects to reside and trade there, under the same conditions as at any other of Art. V.-As soon as the ratifications of the Treaty of one

and fifty-eight shall have been exchanged, His Imperial

by decree, command the high authorities

China,

will,

port

China

Treaty thousand

Majesty

open

to trade.

eight hundred the Emperor of of every province to proclaim

throughout their jurisdictions, that Chinese, in chosing to take service in British Colonies or other parts beyond sea, are at perfect liberty to enter into engagements with British subjects for that purpose, and to ship themselves and their families on board any British vessels at the open ports of China; also, that the high authorities aforesaid shall, in concert with Her Britannic Majesty's Representative in China, mame such regulations for the protection of Chinese emigrating as above as the circumstances of the different open ports may demand.

Art. VI.-With a view to the maintenance of law and order in and about the harbour of Hongkong, His Imperial Majesty the Emperor of China agrees to cede to Her Majesty the Queen of Great Britain and Ireland, to Her heirs and successors, to

47 sed

947 aged

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120

PEKING CONVENTION, 1860.

have and to hold as a dependancy of Her Britannic Majesty's Colony of Hongkong that portion of the township of Cowloon, in the province of Kwang-Tung, of whic a lease was granted in perpetuity to Harry Smith Parkes, Esquire, Companion of the Bath, a Member of the Allied Commission at Canton, on behalf of Her Britai Majesty's government, by Lau Tsung-kwang, Governor-General of the Two Kwanz

It is further declared that the lease in question is hereby cancelled, that the claims of any Chinese to property on the said portion of Cowloon shall be duis investigated by a mixed Commission of British and Chinese officers, and that con pensation shall be awarded by the British government to any Chinese whose claim shall be by that said Commission established, should his removal be deemi necessary the British government.

Art. VII.-It is agreed that the provisions of the Treaty of one thousand eight hundred and fifty-eight, except in so far as these are modified by the present Convention, shall without delay come into operation as soon as the ratifications of the Treaty aforesaid shall have been exchanged. It is further agreed, that no separate ratification of the present Convention shall be necessary, but that it shall take effec from the date of its signature, and be equally binding with the Treaty above mentione on the high contracting parties. Art. VIII.—It is agreed that, as soon as the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight shall have been exchanged, His Imperial Majesty the Emperor of China shall, by decree, command the high auth rities in the capital, and in the provinces, to print and publish the aforesaid Treaty and the present Convention, for general information.

shall

VIII.

Art. IX.-It is agreed that, as soon as the Convention shall have been signed. the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight have been exchanged, and an Imperial Decree respecting the publication of the said Convention and Treaty shall håve been promulgated, as provided for by Article of this Convention, Chusan shall be evacuated by Her Britannic Majesty's troops there stationed, and Her Britannic Majesty's force now before Peking shall commerce its march towards the city of Tientsin, the forts of Taku, the north coast of Shun- tung, and city of Canton, at each or all of which places, it shall be at the option of Her Majesty the Queen of Great Britain and Ireland, to retain a force, until the indemnity of eight millions of taels, guaranteed in Article III., shall have been paid. Done at Peking, in the Court of the Board of Ceremonies, on the twenty-fourth

day of October, in the year of our Lord one thousand eight hundred and sixty.

ELGIN AND KINCARDINE.

(L.S.)

Seal of

Chinese

Plenipotentiary

Signature of

Chinese Plenipotentiary.

TREATY

OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN HER MAJESTY AND THE EMPEROR

OF CHINA.

SIGNED AT TIENTSIN, 26th June, 1858.

Ratifications exchanged at Peking, 24th October, 1860.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the Emperor of China, being desirous to put an end to the existing misunderstanding between the two countries, and to place their relations on a more satisfactory footing in future, have resolved to proceed to a revision and improvement of the Treaties existing between them; and, for that purpose, have named as their Plenipotentiaries, that is to say:-

Her Majesty the Queen of Great Britain and Ireland, the Right Honourable the Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the Most Ancient and Most Noble Order of the Thistle;

And His Majesty the Emperor

of China, the High Commissioners Kweiliang, a

Senior Chief Secretary of State, styled of East Cabinet, Captain-General of the Plain White Banner of the Manchu Banner Force, Superintendent-General of the Administration of Criminal Law: and Hwashana, one of His Imperial Majesty's Expositors of

the Classics, Manchu President of the office for the regulation of the

Civil Establishment, Captain-General of the Bordered Blue Banner of the Chinese Banner Force, and visitor of the office of Interpretation;

Who,

after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon and concluded the following

Articles :

Art. 1.-The Treaty of Peace and Amity between the two nations, signed at Nankin on the twenty-ninth day of August, in the year eighteen hundred and forty-

two, is hereby renewed and confirmed.

The Supplementary Treaty and General Regulations of Trade having been amended and improved, and the substance of their provisions having been incorporated in this Treaty, the said Supplementary Treaty and General Regulations of Trade are hereby abrogated.

Art. II.-For the better preservation of harmony in future, Her Majesty the Queen of Great Britain and IIis Majesty the Emperor of China mutually agree that, in accordance with the universal practice of great and friendly nations, Her Majesty the Queen may, if she see fit, appoint Ambassadors, Ministers, or other Diplomatic Agents to the Court of Peking; and His Majesty the Emperor of China may, in like thenner, if he see fit, appoint Ambassadors, Ministers, or other Diplomatic Agents to the Court of St. James'.

947 aged

947 ased

947 əsrd

24 d

122

TIENTSIN TREATY, 1858.

Art. 111.-His Majesty the Emperor of China hereby agrees, that the Aulas

sabor, Minister, or other Diplomatic Agent, so appointed by Her Majesty the Que of Great Britain, may reside, with his family and establishment, permanently at the capital, or may visit it occasionally, at the option of the British Government. He shall not be called upon to perform any ceremony derogatory to him as representin the Sovereign of an independent nation on a footing of equality with that of Chin On the other hand, he shall use the same forms of ceremony and respect to Hi Majesty the Emperor as are employed by the Ambassadors, Ministers, or Diplomatic Agents of Her Majesty towards the Sovereigns of independent and equal European

nations.

Peking a

Is is further agreed, that Her Majesty's Government may acquire at site for building, or may hire houses for the accommodation of Her Majesty's Mission and that the Chinese Government will assist it in so doing. Her Majesty's Representative shall be at liberty to choose his own servants aul

attendants, who shall not be subjected to any kind of molestation whatever. Any person guilty of disrespect or violence to Her Majesty's Representative, or to ny member of his family or establishment, in deed or word, shall be severely punished. Art. IV.It is further agreed that no obstacle or difficulty shall be made to the free movement of Her Majesty's Representative, and that he, and the persons of his saite, may come and go, and travel at their pleasure. He shall moreover, have full 1.berty to send and receive his correspondence to and from any point on the sea-coast that he may select; and his letters and effects shall be held sacred and inviolable. He may employ, for their transmission, special couriers, who shall meet with the same protection and facilities for travelling as the persons employed in carrying despatches for the Imperial Government; and, generally, he shall enjoy the same privileges as are accorded to officers of the same rank by the usage and consent of Western nations. All expenses attending the Diplomatic mission of Great Britain shall be

British Government. Art. V. His Majesty the Emperor of China agrees to uominate one of the Secretaries of State, or a President of one of the Boards, as the high officer with whom the Ambassador, Minister, or other Diplomatic Agent of Her Majesty the Queen shall transact business, either personally or in writing, on a footing of perfect equality. Art. VI.-Her Majesty the Queen of Great Britain agrees that the privileges hereby secured shall be enjoyed in her dominions by the Ambassadors, Ministers, or Diplomatic Agents of the Emperor of China, accredited to the Court of Her Art. VII.-Her Majesty the Queen may appoint one or more Consuls in the

dominions of the Emperor of China; and such Consul or Consuls

by the

borne

Majesty.

shall be at liberty to reside in any of the open ports or cities of China, as Her Majesty the Queen maş consider most expedient for the interests of British commerce. They shall be treated with due respect by the Chinese authorities, and enjoy the same privileges and in munities as the Consular Officers of the most favoured nation. Consuls, and Vice-Consuls in charge, shall rank with Intendants of Circuit; Vice- Consuls, Acting Vice-Consuls, and Interpreters, with Prefects. They shall have access to the official residences of these officers, communicate with them, either personally or

Art.

pursuing

with.

their

in writing, on a footing of equality, as the interests of the public service may require. VIII.-The Christian religion, as professed by Protestants or Roman Catholics, inculcates the practice of virtue, and teaches man to do so as he would be done by. Persons teaching it or professing it, therefore, shall alike be entitled to the protection of the Chinese authorities, nor shall any such, peaceably calling and not offending against the laws, be persecuted or interfered Art. IX.-British subjects are hereby authorized to travel, for their pleasure or for purposes of trade, to all parts of the interior, under passports which will be issued by if

their Consuls, and countersigned by the local authorities. These passports, demanded, must be produced for examination in the localities passed through. the passport be not irregular, the bearer will be allowed to proceed, and no opposition shall be offered to his hiring persons, or hiring vessels for the carriage of his baggage or merchandize. If he be without a passport, or if he commit any offence against the

TIENTSIN TREATY, 1858.

124

w, he shall be handed over to the nearest Consul for punishment, but he must not. subjected to any ill-usage in excess of necessary restraint. No passports need be lied for by persons going on examinations from the ports open to trade to a

stance not exceeding 100 li, and for a period not exceeding five days.

The provisions of this Article do not apply to crews of ships, for the due restrain

whom regulations will be drawn up by the Consul and the local authorities. To Nanking, and other cities, disturbed by persons in arms against the Govern-

cut, no pass shall be given, until they shall have been recapture.

Art. X-British merchant-ships shall have authority to trade upon the Great River (Yang.tsze). The Upper and Lower Valley of the river being however, dis- urbed by outlaws, no port shall be for the present opened to trade, with the excep on of Chinkiang, which shall be opened in a year from the date of the signing of

⚫his

Treaty.

So soon as peace shall have been restored, British vessels shall also be admitted

to trade at such ports as far as Hankow, not exceeding three in number, as the British

Minister, after consultation with the Chinese Secretary of State, may determine shall

ports

entry

and discharge.

Art. XI. In addition to the cities and towns of Canton, Amoy, Foochow, Ningpo and Shanghai, opened by the Treaty of Nanking, it is agreed that British subjects way frequent the cities and ports of New-Chwang, Tung-Chow, Tai-Wan (Formosa), Chan-Chow (Swatow) and Kinng-Chow (Hainan). They are permitted to carry on trade with whomsoever they please, and to proceed

from at pleasure with their vessels and merchandise. They shall enjoy the same privileges, advantages, and immunities at the said towns and ports as they enjoy at the ports already opened to trade, including the right

to and

of residence, of buying or renting houses, of leasing land therein, and of building churches,

hospitals,

and

cemeteries.

Art. XII.—British subjects, whether at the ports or at other places, desiring to Guild or open houses, warehouses, churches, hospitals, or burial grounds shall make their agreement for the land or buildings they require, at the rates prevailing among the people, equitably, and without exaction on either side.

Art. XIII.-The Chinese Government will place no restrictions whatever upon

the employment by British subjects of Chinese subjects, in any lawful capacity. Art. XIV.-British subjects may bire whatever boats they please for the transport of goods or passengers, and the sum to be paid for such boats shall be settled between the parties themselves, without the interference of the Chinese Government. The number of these boats shall not be limited, nor shall a monopoly in respect either of the boats or of the porters or coolies engaged in carrying the goods, be granted to any parties. If any smuggling takes place in them, the offenders will, of course, be punished according to law.

Art. XV.—All questions in regard to rights whether of property or person, arising between British subjects, shall be subject to the jurisdiction of the British authorities. Art. XVI.-Chinese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by Chinese authorities according to the laws of China.

British subjects who may commit any crime in China, shall be tried and punished by the Consul, or other public functionary authorised thereto, according to the laws of Great Britain.

Justice shall be equitably and impartially administered on both sides.

Art. XVII.--A British subject having reason to complain of a Chinese, must proceed to the Consulate, and state his grievance. The Consul will inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinese have reason to complain of a British subject, the Consul shall no less listen to his complaint, and endeavour to settle it in a friendly manner.

disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of the Chinese authorities, that they may together examine into the merits of the case, and decide it equitably.

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124

TIENTSIN TREATY, 1858,

Art. XVIII.—The Chinese authorities shall at all times afford the fullest proté ·

law.

tion to the persons and property of British subjects, whenever these shall have te subjected to insult or violence. In all cases of incendiarism or robbery, the loca

authorities shall at once take the necessary steps for the recovery of the stolen' the suppression of disorder, and the arrest of the guilty parties, whom they will punis propert

according Art. XIX. If any British merchant-vessel, while within Chinese waters, i-

plundered by robbers, or pirates, it shall be the duty of the Chinese authorities to every endeavour to capture and punish the said robbers or pirates and recover th stolen property, that it may be handed over to the Consul for restoration to th

owner.

Art. XX.—If any British vessel be at any time wrecked or stranded on the coas of China, or be compelled to take refuge in any port within the dominions of the Emperor of China, the Chinese authorities on being apprised of the fact shall imm liately adopt measures for its relief and security; the persons on board shall receir- friendly treatment, and shall be furnished, if necessary, with the means of conveyance to the nearest Consular station.

Art. XXI.—If criminals, subjects of China, shall take refuge in Hongkong or o board the British ships there, they shall, upon due requisition by the Chinese autho

ities, be searched for, and, on proof of their guilt, be delivered up.

In like manner, if Chinese offenders take refuge in the houses or on board the vessels of British subjects at the open ports, they shall not be harboured or concealei. but shall be delivered up, on due requisition by the Chinese authorities, addressed tɔ · the British Consul.

Art. XXII.-Should any Chinese subject fail to discharge debts incurred to a British subject, or should he fraudulently abscond, the Chinese authorities will do their utmost to effect his arrest, and enforce recovery of the debts. The British authorities will likewise do their utmost to bring to justice any British subjects fraudulently absconding or failing to discharge debts incurred by bin to a Chinese subject.

Chinese

kuost,

the

duty of

Art. XXIII.—Šhould natives of China who may repair to Hongkong to trade. incur debts there, the recovery of such debts must be arranged for by the Britis Court of Justice on the spot; but should the debtors abscond, and be

to have property, real or personal, within Chinese territory, it shall be the Chinese authorities, on application by, and in concert with the British Consul, to

their utmost to see justice done between the Art. XXIV. It is agreed that British subjects shall pay, on all merchandize imported or exported by them, the duties prescribed by the tariff; but in no case shall they be called upon to pay other or higher duties than are required of the subjects of auy other foreign nation."

parties.

Art. XXV-Import duties shall be considered payable on the landing of the

goods, and duties of export on the shipment of the saine.

rate

Art. XXVI. Whereas the tariff fixed by Article X. of the Treaty of Nanking,

and which was estimated so as to impose on imports and exports a duty at about the of five per cent. ad valorem, has been found, by reason of the fall in value of various articles of merchandize, therein enumerated, to impose a duty upon these considerably in excess of rate originally assumed, as above, to be a fair rate, it is that the suid tariff shall be revised, and that as soon as the Treaty shall have been signed, application shall be made to the Emperor of China to depute a high officer of

agreed

at Shanghai, officers

consider its revision

be together, so ratification

deputed that

the

behalf tariff, as revised,

the

of this

Treaty,

the Board of Revenue to meet, British Government,

may come

into

operation

immediately after the

Art. XXVII.--It is agreed that either of the

high contracting parties to the Treat

may demand a further revision of tariff, and of the Commercial Article

demand

of this Treat at the end of ten years; but if no be made on either side within six month after the end of the first ten years, then the tariff shall remain in force for ten year more, reckoned from the end of the preceding ten years; and so it shall be at the end

of each successive ten years.

TIENTSIN TREATY, 1858.

125

Art. XXVIII. Whereas it was agreed in Article X. of the Treaty of Nanking Dat British imports, having paid the tariff duties, should be conveyed into the interior tree of all further charges, except a transit duty, the amount whereof was not to ex- red a certain per-centage on tariff value; and whereas no accurate information having wen furnished of the amount of such duty, British merchants have constantly com plained that charges are suddenly and arbitrarily imposed by the provincial authorities transit duties upon produce on its way to the foreign market, and on imports on thei way into the interior to the detriment of trade; it is agreed that within four months from the siguing of this Treaty, at all ports now open to British trade, and within a similar period at all ports that inay hereafter be opened, the authority appointed to superintend the collection of duties shall be obliged, upon application of the Consul, to declare the amount of duties leviable on produce between the places of production and the port of shipment, and upon imports between the Consular port in the question and the inland market named by the Consul; and that a notification thereof shall be published in English and Chinese for general information. But it shall be at the option of any British subjects desiring to convey produce purchased inland to a port, or to convey imports from a port to an inland market, to clear his goods of all transit duties, by payment of a single charge. The amount of this charge shall be leviable on exports at the first barrier they may have to pass, or, on im ports, at the port at which they are lauded; and on payment thereof, a certificate shall be issued, which shall exempt the goods from all further inland charges whatsoever. It is further agreed that the amount of this charge shall be calculated, as nearly as possible, at the rate of two and-a-half per cent. ad valorem, and that it shall be fixed for each article at the conference to be held at Shanghai for the revision of the tariff. It is distinctly understood that the payment of transit dues, by commutation or otherwise, shall in no way affect the tariff duties on imports, or exports, which will continue to be levied separately and in full.

Art. XXIX.-British merchant-vessels, of more than one hundred and fifty tons burden, shall be charged tonnage dues at the rate of four mace per ton: if of one hundred and fifty tons and under, they shall be charged at the rate of one mace per ton.

Any vessel clearing from any of the open ports of China for any other of the oper ports, or for Hongkong, shall be entitled, on application of the master, to a special certificate from the Customs, on exihibition of which she sbull be exempted from all further payment of tonnage-dues in any open port of China, for a period of four mouths, to be reckoned from the date of her port-clearance.

Art. XXX.- The master of any British merchant-vessel may, which forty-eight hours after the arrival of his vessel, but not later, decide to depart without breaking bulk, in which case he will not be subject to pay tonnage-dues. But tonnage-ducs shall be held due after the expiration of the said forty-eight hours. No other fees or charge upon entry or departure shall be levied.

Art. XXXI.-No tonnage-dues shall be payable on boats employed by British ubjects in the conveyance of passengers, baggage, letters, articles of provision, or other articles not subject to duty, between any of the open ports. All cargo-boats, however, conveying merchandize subject to duty shall pay tonnage dues once in four mouths, at the rate of one mace per register tou.

Art. XXXII.-The Consul and Superintendent of Customs shall consult together regarding the erection of beacons or lighthouses, and the distribution of buoys and lightships, as occasion may demand.

Art. XXXIII —Duties shall be paid to the bankers, authorized by the Chinese Government to receive the same in its behalf, either in sycee or in foreign money, according to the assay made at Canton on the thirteenth of July, one thousand eight hundred and forty-three.

Art. XXXIV.—Sets of standard weights and measures, prepared according to the standard issued to the Canton Custon-house by the Board of Revenue, shall be delivered by the Superintendent of Customs to the Consul at each port, to secure uniformity and prevent confusion.

Art. XXXV.—Any British merchant-vessel arriving at one of the open ports

847 sed

647 aded

647 aged

126

allowed

Art.

open

ports,

ship,

TIENTSIN TREATY, 1858.

arrive

off

one of ti

office

shall be at liberty to engage the services of a pilot to take her into port. In like mam aiter she has discharged all legal dues and duties, and is ready to take her departur she shall to select a pilot to conduct her out of port. XXXVI.---Whenever a British merchant-vessel shall the Superintendent of Customs shall depute one or more Customs to guard the ship. They shall either live in a boat of their own, or stay on board t as may best suit their convenience. Their food and expenses shall be supplie them from the custom-house, and they shall not be entitled to any fees whatever fro the master or consignee. Should they violate this regulation, they shall be puniske proportionately to the amount exacted. Art. XXXVII.—Within twenty-four hours after the arrival, the ship's papers, bills of lading, &c., shall be lodged in the hands of the Consul, who will within a furthe period of twenty-four hours report to the Superintendent of Customs the name of th ship, her registered tonnage, and the nature of her cargo. If, owing to neglect on the part of the master, the above rule is not complied with, within forty-eight hours afte the ship's arrival, he shall be liable to a fine of fifty taels for every day's delay: the total amount of penalty, however, shall not exceed two hundred taels.

The master will be responsible for the correctness of the manifest, which shal contain a full and true account of the particulars of the cargo on board. For present ing a false manifest, to a fine of five hundred taels; but he will be allowed to correct. within twenty-four hours after delivery of it to the Customs' officers, any mistake be may discover in his manifest, without incurring this penalty.

Art. XXXVIII.—After receiving from the Consul the report in due form, the Superintendent of Customs shall grant the vessel a permit to open hatches. If the master shall open batches, and begin to discharge any goods without such permission, ba shall be fined five hundred taels, and the goods discharged shall be confiscated wholly

Art. XXXIX.—Any British merchant who has cargo to land or ship, must apply to the Superintendent of Customs for a special permit. Cargo landed or shippi without such permit, will be liable to confiscation.

Art. XL. No transhipment from one vessel to another can be made withom

special permission, under pain of confiscation of the goods so transhipped.

Art. XLI.—When all dues and duties shall have been paid, the Superintendent of Customs shall give a port clearance, and the Consul sball then return the ship's papers, so that she may depart on her voyage.

Art. XLII.-With respect to articles subject, according to the Tariff, to an valorem duty, if the British merchant cannot agree with the Chinese officer in affixing a value, then each party shall call two or three merchants to look at the goods, and the highest price at which any of these merchants would be willing to purchase them

shall be

assumed as the value of the goods.

Art. XLIII.-Duties shall be charged upon the net weight of each article. making a deduction for the tare weight of congee, &c. To fix the tare on any articles. such as tea, if the British merchant cannot agree with the Custom-house officer, then each party shall choose so many chests out of every hundred, which being first weighed in gross, shall afterwards be tared, and the average tare upon these chests shall be assumed as the tare upon the whole; and under this principle shall the tare be fixed upon all other goods and packages. If there should be any other points in dispute which cannot be settled, the British merchant may appeal to his Consul, whe will communicate the particulars of the case to the Superintendent of Customs, tha it may be equitable arranged. But the appeal must be made within twenty-fou hours or it will not be attended to. While such points are still unsettled, the Su perintendent of Customs shall postpone the insertion of the same in his books.

Art. XLIV.-Upon all damaged goods a fair reduction of duty shall be allowed, proportionate to their deterioration. If any dispute arise, they shall be settled in the manner pointed out in the clause of this Treaty having reference to articles which pay duty ad valorem.

the open ports, and paid the duty thereon, if they desire to re-export the same, shali

Art. XLV.—British merchants who may have imported merchandize into any

TIENTSIN TREATY, 1858.

127

any

be entitled to make application to the Superintendent of Customs, who in order to prevent fraud on the revenue, shall cause examination to be made by suitable officers that the duties paid on such goods, as entered in the Custom House books, corres ond with the representation made, and that the goods remain, with their origina marks unchanged. He shall then make a memorandum on the port-clearance of the goods, and of the amount of duties paid, and deliver the same to the merchant; and shall also certify the fact to the officers of Customs of the other ports. All which being done, on the arrival in port of the vessel in which the goods are laden, every thing being found on examination there to correspond, she shall be permitted to break bulk, and land the said goods, without being subject to the payment of additional duty thereon. But if, on such examination, the Superintendent of Custom 3 shall detect any fraud on the revenue in the case, then the goods shall be subject to confiscation by the Chinese Government. British merchants desiring to re-export duty-paid imports to a foreign country. shall be entitled, on complying with the same conditions as in the case of re-export- ation to another port in China, to a drawback-certificate, which shall be a valid tender to the Customs in payment of import or export duties. Foreign grain brought into any port of China in a British ship, if no part thereof

has been landed, may be re-exported without hindrance. Art. XLVI.-The Chinese authorities at each port shall adopt the means they

may judge most proper to prevent the revenue suffering from fraud or smuggling. Art. XLVII.-British merchant-vessels are not entitled to resort to other than the ports of trade declared open by this Treaty, they are not unlawfully to enter other ports in China or to carry on clandestine trade along the coast thereof. Any vesse! violating this provision, shall, with her cargo, be subject to confiscation by the Art. XLVIII.—If any British merchant-vessel be concerned in smuggling, the goods, whatever their value or nature, shall be subject to confiscation by the Chinese authorities, and the ship may be prohibited from trading further, and sent away as soon as her account shall have been adjusted and paid. Art. XLIX.-All penalties enforced, or confiscation made, under this Treaty, shall

belong and be appropriated to the public service of the Government of China.“ Art, L.-All official communications, addressed by the Diplomatic and Consular Agents of Her Majesty the Queen to the Chinese authorities, shall, henceforth, be written in English. They will for the present be accompanied by a Chinese version. but it is understood that, in the event of there being any difference of meaning between the English and Chinese text, the English Government will hold the sense as expressed in the English text to be the correct sense.

Government.

Chinese

apply

the Treaty

This provision is to to now negociated, the Chinese text of which has been carefully corrected by the English original.

Art. LI.—It is agreed, henceforward the character "I" (barbarian) shall not applied to the Government or subjects of Her Britannic Majesty, in any Chinese official document issued by the Chinese authorities, either in the capital or in the provinces.

Art. LII.-British ships of war coming for no hostile purpose, or being engaged

in the pursuit of pirates, shall be at liberty to visit all ports within the dominions of the Emperor of China, and shall receive every facility for the purchase of provisions, procuring water, and, if occasion require, for the making of repairs. The commanders of such ships shall hold intercourse with the Chinese authorities, on terms of equality and courtesy. Art. LIII.-In consideration of the injury sustained by native and foreign com. merce from the prevalence of piracy in the seas of China, the high contracting parties agree to concert measures for its suppression.

Art. LIV.-The British Government and subjects are hereby confirmed in all privileges, immunities, and advantages conferred on them by previous Treaties; and it is hereby expressly stipulated that the British Government and its subjects will be allowed free and equal participation, in all privileges, immunities and advantages that

647 sed

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128

TIENTSIN TREATY, 1858.

may have been, or may be hereafter, granted by His Majesty the Emperor of China Art. LV.-The ratifications of this Treaty, under the hand of Her Majesty the Queen of Great Britain and Ireland, and His Majesty the Emperor of China, respec tively, shall be exchanged at Peking, within a year from the day of signature.

to the Government or subjects of any other nation.

In token whereof, the respective Plenipotentiaries have signed and sealed this Treaty. Done at Tientsin, this twenty-sixth day of June, in the year of our Lord one thousand eight hundred and fifty-eight; corresponding with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung.

(L.8.) ELGIN AND KINCARDINE. Signature of First Chinese Signature of Second Chinese

Plenipotentiary

Seal of the Chinese Plenipotentiaries

Separate Articles annexed to the Treaty concluded between Great Britain and China on the twenty-sixth day of June, in the year One Thousand Eight Hundred and Fifty-eight. It is hereby agreed that a sum of two millions of taels, on account of the losses sus. tained by British subjects through the misconduct of the Chinese authorities at Canton, and a further sum of two millions on account of the Military expenses of the expedition which Her Majesty the Queen has been compelled to send out for the purpose of obtaining redress, and of enforcing the due observance of Treaty provisions; shall be paid to Her Majesty's Representative in China by the authorities of the Kwang Tung province. The necessary arrangements with respect to the time and the mode of effecting this payment shall be determined by Her Majesty's Representative, in concert with the Chinese authorities of Kwang Tung.

When the above amounts shall have been discharged in full, the British forces will be withdrawn from the city of Canton. Done at Tientsin, this twenty-sixth day of June in the year of our Lord one thousand eight hundred and fifty-eight, corresponding with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung.

(L.8.) ELGIN AND KINCARDINE. Signature of Second Chinese

Plenipotentiary.

Signature of First Chinese

Plenipotentiary.

Seal of the Chinese Plenipotentiaries.

AGREEMENT IN PURSUANCE OF ARTICLES 26 AND 28 OF THE

TREATY OF TIENTSIN.

SIGNED AT SHanghai, 8th NOVEMBER. 1858.

Whereas it was provided, by the Treaty of Tientsin, that a conference should be bøld at Shanghai, between Officers deputed by the British Government on the one part, and by the Chinese Government on the other part, for the purpose of determining the amount of tariff duties and transit dues to be henceforth levied, a conference has been held accordingly; and its proceedings having been submitted to the Right Honorable the Earl of Elgin and Kincardine, High Commissioner and Plenipotentiary of Hei Majesty the Queen on the one part; and to Kweiliang, Hwashana, Ho Kweitsing, Mingshen, and Twan Chingshih, High Commissioners and Plenipotentiaries of His Imperial Majesty the Emperor, on the other part, these High Officers have agreed and determined upon the revised Tariff hereto appended, the rate of transit dues therewith declared, together with other Rules and Regulations for the better explana tion of the Treaty aforesaid; and do hereby agree that the said Tariff and Rules-the on the

latter being in the ten Articles, thereto appended-shall be equally binding Government and subjects of both countries with the Treaty itself.

In witness whereof, they hereto affix their Seals and Signatures. Done at Shanghai, in the Province of Kiangsu, this eighth day of November, in the year of our Lord eighteen hundred and fifty-eight, being the third day, of the sixth

moon, of the eighth year of the reign of Hien Fung.

(L.8.) ELGIN AND KINCARDINE.

Seal of Chinese

Plenipotentiaries

Signature of the Five Chinese

Plenipotentiaries.

CUSTOMS' TARIFF, IN ENGLISH AND CHINESE.

The following arrangement of the Tariff, containing the Chinese names for each article of merchandize, supplies a means for ready reference to the Chinese version in use at all the open Ports:-

Agar-agar Asafotida

I-TARIFF ON IMPORTS.

t. m. c. c.

per 100 cafties 0 1 5 0

No. in

Articles.

Chinese

Chinese Characters.

Duty.

Tariff.

海茶石花菜

柯魏

0 6 5 0

Beeswax, Yellow. Betel-nut

4 黃蠟

1 0 0 0

檳榔

0 15 0

Husk..

檳榔衣

0 0 7 5

Beche-de-mer, Black

黑豆參

1 5 0 0

White

}}

0 3 5 0

上燕窩

per catty

2nd

中燕窩

3rd

or uncleaned;

下

燕窩

An En tu

per gross

0 0 5 5

上冰片

per catty

1 3 0 0

refuse..

14 Canvas & Cotton Duck, not exceeding 50 yards long

下冰片

6 7 20

per piece

0400

s Birdnests, 1st quality.

11 Buttons, Brass..

13 Camphor, Baroos, clean.

15 Cardamons, Superior

Inferior, or

Grains of Paradise. .

17 Cinnamon

18 Clocks.

19 Cloves.

95 蔴棉帆布

白草蔻

砂仁

35 肉桂

0550

0 4 5 0

0 1 5 0

per 100 catties 1 0 0 0

0 5 0 0

1 5 0 0

自鳴鐘

5 per cent. ad valorem.

per 100 catties 0

0 0

Mother.

母丁香

21 Coal, Foreign.

煤

per ton

22 Cochineal..

65 牙蘭

3 Coral..

159

珊瑚

4 Cordage, Manila...

5 Cornelians

.....

154

瑪瑙

"" Beads.

155

呂宋繩

瑪瑙珠

per 100 catties

per catty

1 0 0

per 100 catties 0 5 3 0

per 100 stones 0 3 0 0

per 100 cattics 7 0 ) 0

087 ased

087 sed

187 sed

130

No.

Articles.

187 ased

CHINESE CUSTOMS' TARIFF-IMPORTS.

No, in

Chinese

Chinese Characters.

Duty.

Tarif.

No.

Articles

CHINESE CUSTOMS' TARIFF.—IMPORTS.

No. in Chinese Tariff.

Chinese Characters.

Duty.

131

Cotton, Raw

Cotton Piece Goods,--

tii te

per 100 catties 0-350

t. m. c. c.

Grey, White, Plain, &

Twilled, exceeding 24

in. wide, and not ex-

ceeding, 40 yds. long.

Cotton Piece Goods,-

原色市

40 Cotton, Muslins, not ex- ceeding 46 in. wide,

and not exceeding 12

per piece

0030

yds. long...

Damasks, not exceed-

exceeding 34 in. wide,

93 白色布

every 10 yds. 0 0 20

excceding 40 yds. long..

Cotton Piece Goods,- Drills and Jeans, and

exceeding 30 in. wide,

and not exceeding 40 vda. long..

31 Cotton Piece Goods,-

not exceeding 30 in.

wide, and not exceed-

ing 30 yds. long.

Cotton

Piece Goods,-~

T-Cloths, not exceed-

無花布

per piece

0100

100

斜紋布

0075

ing 35 yds. long..

ing 34 in. wide, and

101 扣布

0030

not exceeding 48 yds.

long.

Cotton Piece Goods,--

not exceeding 34

in.

wide, and not exceed-

ing 24 yds. long

34 · Cotton-Dyed, Figured

and Plain, not exceed-

ing 36 in. wide, and not

exceeding 40 yds. long.. Fancy White Bro-

cades and White Shirt-

ings, spotted, notexceed-

ing 36 in. wide, and not

exceeding 40 yds, long.

102

扣布

004 0

Cutch..

103

色布

0 15 0

104

花布白提布

白㸃布

Printed Chintzes and

Furnitures, not exceed.

105

ing 31 in. wide, and not

印花布

0070

exceeding 30 yds. long.

37 » Cambrics, not exceed-

ing 46 in. wide, and not excceding 24 yds, long,

Cambrics, not exceed-

ing 46 in. wide, and not exceeding 12 yds. long,

Muslins, not exceed-

ing 46 in. wide, and not exceeding 24 yds. long.

107

袈裟布

108

xfi

106

袈裟布

0070

ing 36 in. wide and not exceeding 40 yds. long, Dimities, or Quilt-

ings, not exceeding 40 in. wide, and not ex-

ceeding 12 yds. long.

Ginghams, not exceed-

ing 28 in. wide, and not

exceeding 30 yds. long,

Handkerchiefs, not ex-

ceeding 1 yd.

35 yds. long..

square,

Fustians, not exceed-

Velveteens, not exceed.

ing 34 yds. long

Threads.

Yarn

....

Cow Bezoar, Indian...

51 Elephants' Teeth, Whole,

Broken,

53 Feathers, Kingfishers',

Peacocks'

54 Fishmaw's

0100

Fish-skins..

}}

56 Flints...

0 0 3 5

t. mi.c.c

109 袈裟布

per piece

0035

110

緞布

0 200

111

柳條布

4065

112

毛布各色

120

手帕

118

Te**

133 花剪

115

棉紗

牛黃

兒茶

114

173 象牙

174 象牙碎

177

翠毛孔雀毛

魚肚

59 魚皮

40 火石

per dozen

per piece

0025

0 200

0 1 5 0

per 100 catties 0 7

per catty

2 0 070 0

1 5 0 0

per 100 catties 0

18 0

4000

8 0 0 0

per hundred 0400

per 100 cafties 1 0 0 0

0 2 0 0

0030

檳榔膏

0 1 5 6

1 0 0 0

American,

600 V

57 Gambier.

58 Gamboge.

59 Ginseng, Crude..

,, American, Clarified.

61 Glass, Window..

62 Glue.

63 Gold Thread, Real.

0035

Imitation..

65 Gum, Benjamin

Oil of.. Dragon's Blood.

0070

黃

美國參

HABER

158 玻璃片

8 0 0 0

box of 100 sq.ft. 0 15 0

per 100 catties 0 1 50

1 6 0 0

皮膠

121

真金線

per catty

122

假金線

0 0 3 0

安息香

安息油

33 血竭

per 100 catties 0 6 0 0

0 6 0 0

0 4 5 0

187 aged

187 sed

787 aged

787 add

787 sed

132

10.

Articles.

CHINESE CUSTOMS TARIFF.-IMPORTS.

No. in

Chinese

Tariff.

Chinese Characters.

CHINESE CUSTOMS' TAKIFF.—IMPORTS,

133

No. in

Duty.

No.

Articles.

Chinese

Chinese Characters.

Daty.

Tariff.

t.m. c. c.

65 Gun, Myrrh.

沒藥

per 100 catties 0 4 5 0

t.m.c..

96 Metals, Steel..

145

鐧

per 100catties ( 2 5 0

Tin

146

Olibanum . . . .

乳香

045 0

Tin Plates

147

Batfalo and Cow..

161

生牛皮

0 5 0 0

Mother-o'-Pearl Shell...

Rhinoceros

176

0420

100

Musical Boxes.

口母音

口鐵

1250

0400

0 200

Buffalo..

160

牛角

0250

101

Mussels, Dried..

per cent. od valorem

per 100 catties

Ther.

Rhinoceros

Isinglass.

Indigo, Liquid.

77 | Lacquéred Ware.

Leather.

79 ' Linen, fine, as Irish or)

Scotch, not exceeding

50 yds. long.

coarse, as Linen

116 細蔴布

SABA 3

鹿角

0 250

102

Nutmegs...

肉菓荳蔻

星角

2000

103

Olives, Uupickled, Salt-

138

橄

0 2 0 0

2500

0180

水靛

0180

104

中膠

0 6 5 0

105

漆益

1000

106

162

牛皮

0420

per piece

and Cotton, or Silk and

117

Linen mixtures, not

粗麻布

exceeding 50 yds. long.

ઠા

Lueraban Seed.

大

82❘ Mace.

Mangrove Bank...

Metals,-Copper-manu-

factured, as in Sheet,

Rods, Nails.

Copper, unmanufac-

布子花

0 200

0 5 0 0

per 100 catties 0 0 3 5

107 Prawns, Dried..

108

109

Putchuck..

Rattans....

110 Rose Malɔes.

111

112 Saltpetre, (saleable only under Regulation ap-

34 鴉片

62 蝦米

ed, or Pickled..

Opium....

Pepper, Black......

椒

30 0 0 0

0 3 60

White

胡椒

5 0 0

7.7

沙滕

0 1 5 0

蘇合油

0 0 0

Salt Fish...

鹹魚

fij

1 0 0 0

pended).

,, Spelter (saleable only

tured, as in Slabs..

Copper, Yellow Me-

tal

Nails.

Sheating, and

Copper, Japan.

Iron, manufactured,

as in Sheets, Rods,

Bars, Hoops...

Iron, unmanufactured

as in Pigs..

fron, Kentledge..

Wire...

Lead in Pigs

in Sheets...

Quicksilver....

under

Regulation ap-

73 豬肉

141 熟銅鍋片銅條|

140 生銅銅磚

142 生鐵如鎖磚

0 0 3 0

113 Sandalwood.

檀香

1 5 0 0

114 Sapanwood...

115 Seahorse Teeth..

172

海馬牙

0180

0 5 0 0

0 4

0 0

0 1 0 0

2000

1 0 0 0

116 Sharks' Fins, Black

黑魚翅

0 5 0 0

}}

117

White....

白魚翅

151

黃銅釘皮

0900

118

Skins

鯊魚皮

119

Silver Thread, Real

123

銀線

148

日本銅

0600

120

Imitation..

124 假銀線

143 熟鐵如條板箍

0125

121

Sinews, Buffalo & Deer...

牛鹿筋

per

1 5 0 0

per hundred 2000

per catty

0 0 3 0

r100catties 0 5 5 0

1 3 0 0

122

0 0 7 5

Skins, Fox, large..

164

大狐狸皮

each

0 1 5 0

123

small

165

小狐狸皮

0 0 7 5

010

152

商船壓載鐵

124

Marten...

167

貂皮

0 1 5 0

0250

153

鐵線

125

Sea Otter.

163

海虎皮

1 5 0

0 250

144

鉛塊

126

0550

Tiger & Leopard 166

虎皮豹皮

0 1 5 0

149

鉛片

127

Beaver

170

海騾皮

水硍

128

Doe, Hare, &

175

150

白鉛

0250

129

Rabbit.

Squirrel

鬼皮麂皮

•

171

灭鼠皮銀鼠皮

per hundred 000

0 5 0 0

pended).

787 sed

E87 aged

287 sed

134

CHINESE CUSTOMS TARIFF.-IMPORTS.

No.

Articles.

987 sed

No. in

Chinese

Chinese Characters.

Duty.

Tarif.

No.

Articles.

CHINESE CUSTOMS' TARIFF.-IMPORTS.

No, in

Chinese Chinese Charactera.

Tariff.

Duty.

135

130

Skins, Land Otter.

168

獺皮

1. m. c. c.

131

Racocn

169

貉權皮

per hundred 2000 2000

157

Wax, Japan

日本蟻

1. m. c. c.

per 100 catties 0 6 5 0

158

Woods, Camagon.

€ Mi

132

Smalts...

133

134

Sticklac

135

Stockfish

Snuff, Foreign..

136 Sulphur and Brimstone,

(saleable only under

Regulation appended)

139

大靑

68 紫梗

159

per 100 catties 1 500

Ebony.

烏木

烟

7200

160

Garroo

沉香

0 0 3 0

0 1 5 0

2000

0301

161

柴魚

162

0500

硫磺

0200

163

137 Telescopes, Spy & Opera

Glasses, Looking Glas-

TRK 5 per cent. ad valorem

164

thick.

Laka

Red..

165

ses and Mirrors..

138

Tigers' Bones.

虎骨

per 100 cattics 1 5 5 0

139

Timber,-Masts

aud

Spars, Hard-wood, not

each

4 0 0 0

Cloth, 51

Fragrant.

Kranjee, 35 ft.`

long, 1 ft. 8 in.

wide, and 1 ft.

Woollen Manufactures,

viz.: Blankets..

166 Woollen Broadcloth and

Spanish Stripes, Habit

and Medium

12 降香

132 | 床氈

46 香榮

呀蘭治木

each

0 45 0

0800

per 100 calties 0

紅木

per pair

4 5

125

多囉呢

exceeding 40ft..

to 64 in. wide.

140

not exceeding 60ft

6 0 0 0

141

exceeding 60ft,..

輕重木桅

10 0 0 0

142

Soft-wood, not exceed-

ing 40ft..

2000

143

144

exceeding 60ft.

145

146

not exceeding 60ft.

Beams, Hard-wood,"

not exceeding 26 feet long and under 12 in. square..

Planks, Hard-wood,"

not exceeding 24 feet long, 12 in. wide, and 3 in. thick.

6500

樑

0150

147

Planks, Hard-wood,

木板

not exceeding 16 feet

long, 12 in. wide, and

3 in. thick.

148

149

150

Planks, Teak.

Tinder.

Tortoise Shell.

Planks, Soft-wood....

48 火

蔴栗樹板

156 玳瑁

4 5 0 0

per hundred 35 00

Woollen Long Ells, 31

Camlets, Eng-

lish, 31 in.

...

169 Woollen Camlets, Dutch,

33 in. wide...

170 Woollen Camlets, Imi- tation and Bomba-

zettes..

171 Woollen

Cassimeres,

Flannel and Narrow Cloth

172 Woollen Lastings, 31 in.

wide

Woollen Lastings, Imi-

tation and Orleans, 34

173

2000

in. wide

P1,000 sq. ft. 0 7 0 0

each cubic ft. 0 0 35

per 100 catties 0 3 50

per catty

0 2 0072 0035

0 18 0

174 Woollen Bunting, not exceeding 24 in. wide 40 yds. long.

......

175 Woollen and Cotton Mixtures, viz.: Lustres, Plain and Brocaded,

not exceeding 31 yds long

151

152

Broken..

157

玳瑁碎

153

Umbrellas...

傘各樣

each

154

Velvets, not exceeding

34 yds. long..

137

花剪

155

Watches

時長鍊

per pair

156

émaillées à perles.j

珠邊時辰鏢

4500

177 Woollen Yarn.

per piece

1000

176 Woollen, Inferior Span- ?

ish Stripes

128 羽紗

129

130 小呢番等類

113 絨棉布各樣

136

下等械

per chang

0 1 0 0

131

纖線

per 100 catties 3 0 0 0

107

126

in. wide..

畢機

168

Woollen

wide..

127 | 羽殺

羽

per chang

0 2 0 0

0 1 2 0

0 0 4 5

0 0 5 0

0100

0 0 3 5

0040

134

羽

0 0 5 0

135

小羽絞

0 0 3 5

119

羽布

per piece

0 2 0 0

87 sed

287 sed

E87 asrd

187 se

187 sed

136

187 sed

11.—TARIFF ON EXPORTS.

Chinese Chinese Characters.

No, in

No.

Articles.

Tarif

Duty,

Articles.

CHINESE CUSTOMS TARIFF.—EXPORT.

| No. in

Chinese

Chinese Characters.

Duty.

Tarif.

137

Alum

per 100 catties 0 0 45

t. w...

36 Coir

機

Green or Copperas..

37 Copper Ore..

106

生銅

0100

ས་

3 Anniseed, Star.

Apricot Seeds, or Al-

}}

Sheating, Old...

107

銅片

0500

Broken..

1.1

角渣

and Pewter Warej

黃銅器

t. m. c. c.

per 100 catties 0 1 0

0 5 0 0

0300

115 0

0230

40 Corals, False.

Oil.

5000

156 杏仁

41 Cotton, Raw

123

monds.

04 50

Rags.

Arsenie...

信石

假珊瑚

121 護棉絮

0 350

棉花

0 3 3 0

0 0 4 5

0430

43 Cow Bezoar

牛黃

Artificial Flowers...

Alf

per catty

0360

1500

41 Crackers, Fireworks..

46 各色爆竹

Bamboo Ware

竹器

0750

45 Cubebs

澄茄

10 Bangles, or Glass Arm-

料手鐲

0500

lets.

46 Curiosities, Antiques... 55 古玩

Beans and Peas.

168

0060

47 Dates, Black..

173

黑游

Bean Cake.

Brass Buttons

Foil..

Ware..

Wire

13 Bone and Horn Ware

黄餅

88 牛骨角器

104銀鈕扣

64 銅薄

103 黃銅器

105

銅線

169

0033

Red...

174

樟腦

108

Camphor.

19 Canes

Cantharides.

21 Capoor Cutchery.

22 Carpets and Druggets

斑貓

竹竿

16 三奈細三賴

104

19 桂皮

per thousand 0 5 00

per 100 catties 2 000

0 300

per hundred 3 5 0 0

per 100 catties 4 6 00

55 Felt, Cuttings

1500

3000

1 50

1 0 0 0

1150

49 Dye, Green.

50 Eggs, Preserved

51 Fans, Feather

綠膠

154

皮蛋

物扇

Paper

紙扇

0730

Palm Loaf, trimmed

細葵扇

Palm Leaf, un-

trimmed

粗葵扇

氈碎

Caps

116

粍帽

紅游

per 100 cattics 0 5 0 0

1 5 0 0

per 100 catties 0 15 0

per catty

per thousand 0 3

per hundred 0750

per thousand 0 3 6 0

per 100 catties 0 1 0 0

per hundred 1250

per cent. ad valorem,

0 0 90

5 0

0045

0 2 0 0

57 Fungus, or Agaric..

159

木耳

per 100catties 0

0 0

桂子

23 桂枝

Cassia Lignea.

24.

Buils.

0800

Twigs.

0150

*** 282 283

Oil

桂皮油

9000

Castor Oil

草蔴油

0200

Chestnuts

172

栗子

0100

China Root.

土茯苓

0130

Chinaware, Fine.

紅磁器

0900

Coarse

粗磁器

0450

Cinnabar

硍珠

0750

33 Clothing, Cotton

111

布衣服

1500

35 Coal

Silk..

112

衣服

10 0 0 0

63 土煤

0450

69 Gypsum, Ground, or Plaster of Paris.

Cake..

70 | Hair, Camels..

58 Galangal.

164

長羌

0 1 0 0

59 Garlic..

171

60 Ginseng, Native..

"" Corean or Ja- pau, 1st quality

"" Corean or Ja- pan, 2nd quality

63 Glass Beads..

or Vitrified Ware.

65 Glasscloth, Fine..

" Coarse.

67 Ground-nuts..

28 高麗日本參

49 各色料珠

118

119

料器

細夏布

5 per cent. ad

per catty

0 0 3 5

valorem.

0 5 0 0

0 3 5 0

per 100 catties 0

2 5 0 0

0 7 5 0

165

花生

166

花生餅

3 0

石羔

58駱駝毛

1 0 0 0

夏布粗

祘線

關東人參

高麗

187 sed

987 aged

287 sed

138

No.

Articles.

287 sed

CHINESE CUSTOMS' TARIFF.—EXPORT.

CHINESE CUSTOMS' TARIFF.—EXPORTS.

No. in

Chinese

Chinese Characters.

Articles.

Duty.

No.

Tarif

No, in

Chinese

Chinese Characters,

Duty.

Tarif.

139

Hair, Goats

山羊毛

{. m. c. c.

t. m. c. c.

per 110catties 0 180

105 Nutgalls..

F 貝子

per 100 cattics 0 5 0 0

Hams..

153 火腿

0550

106

Oil,as Bean, Tea, Wood, '

73 | Ifartall, or Orpiment.

石黃

Cottonand Hemp Seed }

油

0355

107

Oiled Paper.

油纸

74 Hemp..

75 Honey..

蜂蜜

0350

108 Olive Seed..

155

0900

76 | Horus, Deers', Young..

嫩鹿茸

109

Oyster-shells, Sea-shells

萬殼

per pair

Ola.

0900

110 Paint, Green

0 3 0 0

0450

0300

0090

045 0

老鹿茸

per 110 catties 1 350

111

78 India Ink.

79 | Indigo, Dry.

4000

Palampore, or Cotton,

Bed Quilts..

122

棉胎被

土靛

112 | Paper, 1st quality..

紙上等

8) Ivory Ware.

象牙器

por catty

1000 0150

113

2nd

紙下等

Joss-sticks...

時辰香

per 100 catties 0 200

62 Kittysols, or Paper

Unbrellas

雨遮卽紙遮

per hundred 0 500

116

#114|| Pearls, False..

115 | Peel, Orange.

Pumelo, 1st quality

假珍珠

per hundred 2 75 0

per 100 catties 0 7 0 0

0400

2000

陳皮

0 3 0 0

83 Lacquered Ware.

BE HIF

per 100 catties 1 000

柚皮上等

0 45 0

}}

84 Lamp wicks..

79 燈草

[117

2nd

0600

柚皮下等

0 15 0

85 Lead, Red, (Minium) .

紅丹

0 350

118 Peppermint Leaf.

薄荷葉

0 0

སྐ

119

Oil.....

White (Ceruse) .

鉛粉白月

0350

薄荷油

120 Pictures and Paintings..

Leather Articles, as

Green

Lichees

without the Stone....

Yellow (Massicot).

Pouches, Purses......

91 Lily Flowers, Dried....

Seeds or Lotus Nuts

93 Liquorice..

94 | Lung-ngan.

101 !皮器

85 緑皮

162

158 金針菜

163

39 甘草

黄丹

0 350

1500

121 Pictures on Pith or Rice

Paper

油漆畫

each

0 1 0 0

通紙畫

122

Pottery, Earthenware.

102

審

貨

per hundred 0 1 0 0

per 100 catties 0 0 5 0

1800

荔枝

0200

123 Preserves,Comfits, and

Sweetmeats

141

蜜餞糖菓

0 5 0 0

124 Rattans, Split

109

藤肉

0 2 5 0

0720

125 Rattan Ware.

各樣籐器

0300

蓮子

0500

126

Rhubarb.

大黄

1 2 5 0

0135

160

桂圓

0250

127 Rice or Paddy, Wheat, Willet, and other Grains

170

米麥雜糧

161

桂圓肉

0350

128 Rugs of Hairs or Skins..

139

毛毯

129 Samshoo

151

酒

953

Manure

Poudrette

Marble Slabs..

Cakes, or

87 坑砂

0090

130 Sandalwood Ware.

檀香器

0 200

131 Seaweed...

152 海菜

51 雲石

Mats of all kinds.

137

子各樣

per hundred 0 200

132 Sessamun Seed

164

芝蔴

133

Matting.

138

地歴

100

Melon Seeds....

167

瓜子

per 100 catties 0 100

roll of 40 yds. 0 2 00

Shoes and Boots, Lea-

ther or Satin.

118

....

134

101

Mother-o'-Pearl Ware...

99 雲母殼器

per catty

0100

Shoes, Straw

...

114

草鞋

135

102

Mushrooms

157

103❘ Musk

104 Nankeen and Native

Cotton Cloths......

13 麝香

per catty

120

土市各色

per 100 catties 1 5 00

per 100 catties 1 500 0900

136

chuen

137

Silks, Raw and Thrown..

"} Yellow, from Sze-

......

129

Reeled from dupions 130

四川黃絲

同功絲

124

湖絲士絲

each

0 1 0 0

0090

per 100 catties 0 1 5 0

per catty

per 100 catties 0 15 0

#per 100 pairs 3 0 0 0

per 100 catties 10 0 0 0

7 0 0 0

5 0 0 0

0 100

0 1 3 5

0 1 8 0

28 sed

287 Bed

987 sed987 ased

987 ased

140

No.

Articles.

987 sed

CHINESE CUSTOMS' TARIFF.—EXPORTS.

No. in

Chinese Chinese Characters.

Duty.

Tariff.

Articles.

CHINESE CUSTOMS' TARIFF.-EXPORTS.

No. in

Chinese

Chinese Characters.

Duly.

Tariff.

138 | Silk, Wild, Raw..

125

野蠶絲

139

Refuse

136

頭

per 100catties 2 30

t. M.co

140

Cocoons

135

1001

Varnish, or Crude Lac-

quer.........

69 Vermicelli..

漆

1. m. 4. c.

per 100 catties 0 5 0 0

150

粉絲

0180

141

Floss, Canton.

134

3001

Vermillion.

硃砂

142

from other provinces 133

絨

4301

Wax, White or Insect.

2500

白蠟

150 C

143

Ribbons and Thread

126 帶欄杆桂帶

各色絲線

10 004

Wood-Piles, Pules, &

110

10 004

Joists..

each

0030

114

Piece Goods,- Pongces,Shawls,

Scarfs, Crape, Satin, Gauzes, Velvet and Em-

8 Wood Ware.

Wool.

335

木器

per 100 catties 1 1 5 C

綿羊毛

0 3 50

127

她织

親穎絹縐魁稜

12 000

剪紙繡貨

broidered Goods

等類

145

Picce Goods,-Sz-

131

chuen, Shantung

川綢山東輛綢

4501

146

Tassels

132

緯線

10 000

147

Caps

115

鷂帽

per hundred 09 01

148

Silk & Canton Mixtures

128

絲椅雜貨

per 100 catties 5 500

149 Silver and Gold Ware..

器

10 000

150 Snuff

148

0800

151

Soy

142

0400

}}

152

Straw Braid....

117

帽綆

0708

158 Sugar, Brown.

144

154

White

143

155

Candy

145

KIK:

0 120

0201

冰糖

0230

156 Tallow, Animal.

0 200

157

0301

Vegetable..

158 Ter..

2500

159 Tin Foil

160 Tobacco, Prepared

161

162

163 Trunks, Leather.

164 Turmeric..

165 Twine Hemp, Canton..

166

81 廣東索

Soochow 82

167 Turnips, Salted.

蘇州索

149 大頭漆

Leaf.

147

Tortoiseshell Ware.

100

皮皮槓

黃薑卽羌黃

薄

146 烟各樣

器

123

0451

01534

per catty

0201

per 100 cattics 1500

010

013

0501

0181

987 ased

987 asrd

487 aged

487 sed

RULES.

RULE 1.—Unenumerated Goods.—Articles not enumerated in the list of exports, but enumerated in the list of imports, when exported, will pay the amount of duty set against them in the list of imports and similarly, articles not enumerated in the lis of imports, but enumerated in the list of exports, when imported, will pay the amount of duty set against them in the list of exports.

Articles not enumerated in either list, nor in the list of duty-free goods, will

an ad valorem duty of 5 per cent., calculated on their market value.

13: RULE 2.--Duty-free Goods.-Gold and silver bullion, foreign coins, flour, India. mical, sago, biscuits, preserved meats and vegetables, cheese, butter, confectionery foreign clothing, jewellery, plated-ware, perfumery, soap of all kinds, charcoal, firewood candles (foreign), tobacco (foreign), cigns (foreign), wine, beer, spirits, househol stores, ship's stores, personal baggage, stationery, carpeting, druggeting, cutlery. foreign medicines, glass and crystal ware.

The above pay no import or export duty, but, if transported into the interior wili.

with the exception of personal baggage, gold and silver bullion, and foreign coins, pa a transit duty at the rate of 21 per cent. ad valorem.

A freight, or part freight of duty-free commodities (personal baggage, gold an! vilver bullion, and foreign coins, excepted) will render the vessel carrying them, thoug": no other cargo be on board, liable to tonnage dues.

RULE 3. Contraband Goods.—Import and export trade is alike prohibited in th following articles-gunpowder, shot, cannon, fowling-pieces, rifles, muskets, pistois and all other munitions and implements of war, and salt.

RULE 4.- Weights and Measures.—In the calculations of the Tariff, the weight a picul of one hundred catties is held to be equal to one hundred and thirty-three and one-third pounds avoirdupois; and the length of a chang of ten Chinese feet, to le equal to one hundred and forty one English inches.

One Chinese chih is held to equal fourteen and one-tenth inches English; and

four yards

English, less three inches, to equal one chang.

RULE 5.-Regarding certain Commodities heretofore Contraband.--The restrictions affecting trade in opium, cash, grain, pulse, sulphur, brimstone, saltpetre, and spelter. are relaxed, under the following conditions :—

I. Opium will henceforth pay thirty taels per picul import duty. The importe! will sell it only at the port. It will be carried into the interior by Chinese only, and only as Chinese property; the foreign trader will not be allowed to accompany it. The provisions of Article IX. of the Treaty of Tientsin, by which British subject are authe rized to proceed into the interior with passports to trade, will not extend to it, nor wil those of Article XXVIII. of the same Treaty, by which the transit-dues are regulated The transit-dues on it will be arranged as the Chinese Government see fit; nor in future revisions of the Tariff is the same rule of revision to be applied to opiumas toother goods. II. Copper Cash. The export of ca-h to any foreign port is prohibited; but it shall be lawful for British subjects to ship it at one of the open ports of China to another, ot compliance with the following Regulations: The shipper shall give notice of the amount of cash he desires to ship, and the port of its destination, and shall bind himself, either by a bond, with two sufficient sureties, or by depositing such other security as may be deemed

CHINESE CUSTOMS' TARIFF.-RULES.

143

by the Customs satisfactory, to return, within six months from the date of clearance to went thereon of the receipt of the cash at the port of destination, by the collector at e collector at the port of shipment, the certificate issued by him, with an acknowlegd- that port, who shall thereto affix his seal; or, failing the production of the certificate, to forfeit a sum equal in value to the cash shipped. Cash will pay no duty inwards or utwards; but a freight or part freight of cash, though no other cargo be on board, will render the vessel carrying it liable to pay tonnage dues.

where

III. The export of rice and all other grain whatsoever, native or foreign, no matter grown or whence imported, to any foreign port, is prohibited; but these com. modities may be carried by British merchants from one of the open ports of China to another, under the same conditions in respect of security as cash, on payment at the port of shipment of the duty specified in the Tariff. import duty will be leviable on rice or grain; but a freight or part freight of rice or grain, though no other cargo be on board, will render the vessel importing it liable to tonnage dues.

IV.-Pulse. The export of pulse and beancake from Tung-chau and Newchwang, under the British flag, is prohibited. From any other of the ports they may be shipped, on payment on the tariff duty, either to other ports of China, or to foreign countries V. Saltpetre, sulphur, brimstone, and spelter, being munitions of war, shall not be imported by British subjects, save at the requisition of the Chinese Government, or for sale to Chinese duly authorised to purchase them. No permit to land them will be issued until the Chinese have proof that the necessary authority has been given to the purchaser. It shall not be lawful for British subjects to carry these commodities up the Yang-taze kiang, or into any port other than those open to the interior on behalf of Chinese. They must be sold at the ports only, and, except at the ports, they

regarded as Chinese Infractions of the conditions, as above set forth, under which trade in opium, cash, grain, pulse, saltpetre, brimstone, sulphur, and spelter may be henceforward carried on, will be punishable by confiscation of all the goods concerned. RULE 6.-Liability of Vessels entering Port.—To the prevention of misunderstand- ing, it is agreed that the term of twenty-four hours, within which British vessels must be reported to the Consul under Article XXXVII. of the Treaty of Tientsin, shall be understood to commence from the time a British vessel comes within the limits of the port; as also the term of forty-eight hours allowed her by Article XXX. of the same Treaty to remain in port without payment of tonnage dues.

will

property.

The limits of the ports shall be defined by the Customs, with all consideration for the convenience of trade, compatible with due protection of the revenue; also the limits of the anchorages within which lading and discharging is permitted by the Customs; and the same shall be notified to the Consul for Police information.

RULE 7.-Transit Dues.-It is agreed that Article XXXVIII. of the Treaty of Tientsin shall be interpreted to declare the amounts of transit-dues legally leviable upon merchandise imported or exported by British subjects, to be one-half of the tariff duties, except in the case of the duty-free goods liable to a transit-duty of 23 per cent. ad valorem, as provided in Article II. of these Rules. Merchandise shall be cleared of its transit dues under the following conditions

In the case of Imports.-Notice being given at the port of entry, from which the Imports are to be forwarded inland, of the nature and quantity of the goods, the ship from which they have been landed, and the place inland to which they are bound, with all other necessary particulars, the Collector of Customs will, on due inspection made, and on receipt of the transit-duty due, issue a transit-duty certificate. This must be produced at every barrier station, viséd. No further duty will be leviable upon imports so certificated, no matter how distant the place of their destination.

In the case of Esports.--Produce purchased by a British subject in the interior will be inspected, and taken account of, at the first barrier it passes on its way to the port of shipment. A memorandum showing the amount of the produce and the port at which it is to be shipped, will be deposited there by the person in charge of the produce; he will then receive a certificate, which must be exhibited and viséd at every barrier on

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CHINESE CUSTOMS' TARIFF,-RULES.

his way to the port of shipment. On the arrival of the produce at the barrier nearest the port, notice must be given to the Customs at the port, and the transit-dues due thereon being paid, it will be passed. On exportation the produce will pay the tariff.

rule

here

laid

duty. Any attempt to pass goods inwards or outwarde, otherwise than in compliance

with the Unauthorised sale, in transit, of goods that have been entered as above for a port. will render them liable to confiscation. Any attempt to pass goods in excess of the quantity specified in the certificate will render all the goods of the same denomination. named in the certificate, liable to confiscation. Permission to export produce, which cannot be proved to have paid its transit-dues, will be refused by the Customs until the transit-dues shall have been paid. The above being the arrangement agreed to regard- ing the transit-dues, which will thus be levied once and for all, the notification required under Article XXVIII. of the Treaty of Tientsin, for the information of British and Chinese subjects, is hereby dispensed with.

down, will render them liable to coufiscation.

RULE 8.-Foreign Trade under Passport.--It is agreed that Article IX. of the Treaty of Tientsin shall not be interpreted as authorising British subjects to enter the capital city of Peking for the purpose of trade.

RULE 9.-Abolition of the Meltage Fee.—It is agreed that the percentage of cue tael two mace, hitherto charged in excess of duty payments to defray the expenses of melting by the Chinese Government, shall be no longer levied on British subjects. RULE 16.-Collection of Duties under one System at all Ports,—It being by Treaty at the option of the Chinese Government to adopt what means appear to it best suited to protect its revenue accruing on British trade, it is agreed that one uniform system shall be enforced at every port.

The high officer appointed by the Chinese Government to superintend foreign trade, will accordingly, from time to time, either himself visit, or will send a deputy to visit the different ports. The said high officer will be at liberty, of his own choice, and independently of the suggestion or nomination of any British authority, to select any British subjects he may see fit to aid him in the administration of the Customs' revenue, in the prevention of smuggling, in the definition of port boundaries, or in discharging the like, the maintenance of which shall be provided for out of the tonnage dues.

The Chinese Government will adopt what measures it shall find requisite to prevent smuggling upon the Yang-tsze-kiang, when that river shall be opened to trade.

Done at Shanghai, in the province of Biang-su, this eighth day of November, in the year of our Lord eighteen hundred and fifty-eight, being the third day of the tenth moon of the year of the reign of Hien Fung,

(L.B.)

Seal of Chinese Plenipotentiaries.

ELGIN AND KINCARDINE.

Signature of Five Chinese Plenipotentiaries.

ARTICLES BETWEEN MR. WADE AND PRINCE KUNG, RELATIVE TO CASES OF CUSTOMS' SEIZURE.

NOTIFICATION No. 41, or 1865.

British Consulate, 29th November, 1865.

The undersigned circulates for the information of the British Mercantile Com- unity, the English Text of four rules agreed to between the Prince Kung and H. B. M. Chargé d'Affairs, T. F. Wade, Esq., C.B, under which public enquiry is to be onducted at Shanghai in any case in which a British subject conceives his vessel or goods to be wrongfully withheld from him by the Customs' Department of the Port. The said rules do not affect the penalties recoverable under Articles 37 and 38 of the Treaty of Tientsin, the same belonging to the jurisdiction of H. M.'s officers in China. It is understood that these rules are open to revision after a twelve months' trial.

(Signed) CHARLES A. WINCHESTER.

Revised Draft of Articles inclosed in Mr. Wade's Despatch to the Prince Kung.

27th October, 1865.

Art. I.--Wherever a ship or goods belonging to a British subject may be seized

in a port of China by the Customs, the seizure is to be reported without delay to the Superintendent. If he consider the seizure justified, he will direct the Foreign Com- missioner of Customs to give notice to the party to whom the ship or goods are declared to belong, that the ship or goods have been seized because such or such an irregularity has been committed, and that the said ship or goods will be confiscated unless before noon on a certain day, being the sixth day from the date of the delivery of the notice, the Superintendent receive from the British Consul an official application to have the rase fully investigated.

The British subject to whom the ship or goods belong, if prepared to maintain that the alleged irregularity has not been committed, is free to appeal within the term of six days direct to the Commissioner. If satisfied with the explanations, the Super- intendent will direct the release of the ship or goods; otherwise, if he elect not so to appeal to the Customs, or if, after receiving his explanations, the Superintendent still decline to release the ship or goods, he may appeal to his Consul, who will write to inform the Superintendent of the particulars of his appeal, and to request him, the Superintendent, to name a day for the public investigation of the evidence on which

the action of the Customs is founded.

Art. II-The Superintendent, on receipt of the Consul's communication, will name a day for meeting him at the Custom House, and the Consul will desire the merchant to appear with the witnesses at the Custom House on the day named, and will himself on that day proceed to the Custom House. The Superintendent will

Cousul to take bis seat with him.

invite

the

The Commissioner of Customs will also be seated to assist the Superintendent. Proceedings will be opened by the Superintendent, who will call on the Customs employes who have seized the ship or goods, to state the circumstance which occasioned the seizure, and will question them according to their evidence. Whatever the merchant interested may have to state in contradiction of their evidence he will state to the Consul, who will cross-examine them for him. Such will be the proceedings in the interest of truth and fairness.

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ARTICLES BETWEEN MR. WADE AND PRINCE KUNG.

The Consul and Superintendent may, if they see fit, appoint Deputies to meet a the Custom House in their stead, in which case the order of proceeding will be th same as if they were present in person.

Art. III. Notes will be taken of the statements of all parties examined, an the paper containing these will be signed and sealed by the Consul and the Supe intendent. The room will be then cleared. and the Superintendent will inform t

Consul of the course he proposes to pursue. If he propose to confiscate the vessel o goods, and the Consul having given notice of the appeal to the Superintendent, the will forward copies of the above notes, the Consul to his Minister, and the Super- intendent to the Yamen of Foreign Affairs at Peking. If the Consul agrees with the Superintendent that the ship or goods ought to be confiscated, the merchant will ne

entitled to appeal. In no case will the release of ship or goods entitle the mercha to indemnification for the seizure, whether these be released after the investigation a the Custom House, or after appeal to the high authorities of both nations at Pekin Art. IV. The case being referred to superior authority, the merchant intereste shall be at liberty to give a bond, binding himself to pay the full value of his ship or goods attached, should the ultimate decision be against him, which boud being seale with the Consular Seal, and deposited with the Superintendent, the Superintende will restore to the merchant the ship or goods attached, and when the superior authority shall have decided whether so such money is to be paid, or the whole of the property seized confiscated, the merchant will be called on to pay accordingly.

If the merchant decline to give the necessary security, the ship or merchand attached will be detained. But whether the decision of the superior authority b favorable to the appellant or not, the appellant will not be entitled to claim indemnitz

CONVENTION OF PEACE BETWEEN THE EMPERORS OF

FRANCE AND CHINA.

TRANSLATED FROM THE CHINESE TEXT.

Their Imperial Majesties the Emperors of China and France, being desirous to resume the amicable relatious that of yore existed, and to effect a peaceable settlement of the points in which their Governments disagree, have for this purpose appointed Plenipotentiaries, that is to say:lis Imperial Majesty the Emperor of China, His Imperial Highness the Prince Kung, and His Imperial Majesty the Emperor of France, Buron Gros, who, having communicated to each other their full powers, aut finding the same to Lo in proper order, now append the Articles of the Convention, as by them determined.

Art. 1.-His Imperial Majesty the Emperor of China deeply regrets that the Representative of His Imperial Majesty the Emperor of France, when on his way in 1859, to Peking, for the purpose of exchanging Treaty Ratifications, should have been obstructed on his arrival at Taku by the soldiers that were there.

Art. II.-The Representative of His Imperial Majesty the Emperor of France, when visiting Peking to exchange Treaty Ratifications, shall. whether on the way or at the capital, be treated by all Chinese officials with the highest consideration.

[Literally, "shall receive from all Chinese officials the most polite and most ronsiderate treatment due to an Ambassador, so that he may without prejudice assert

his position,

authority, or rights."]

Art. III. The provisions of the Tientsin Treaty of 1858, and of the Supplemen- tary Articles, except in so far as modified by the present Convention, shall without lelay come into operation, as soon as the Ratifications of the Treaty aforesaid shail have been exchanged.

Art. IV. The fourth Article of the Treaty concluded at Tientsin in the year 1855,

by which it was provided that an Indemnity of Two Millions of Taels should be paid by the Chinese Government, is hereby annulled; and it is agreed, in the stead thereof,

that the amount of the Indemnity shall be Eight Millions of Taels. [Of that sum]

last year paid Three hundred

687 sed

the

Canton

Customs

hundred

and

thirty-three Taels; the

remainder

(Tls.

and 7,666,666)

thirty-three

thousand shall be collected from

three

the

various

Custom

Houses,

them,

and

the first

quarterly

payment

may be in either

which shall payment Hae-kwan

pay

shall

quarterly

be due

Sycee or

one-fifth

on the

foreign

31st coin,

of duties December, and

1860.

shall

received be

made t

either the Representative of France resident in China, or the officer by him deputed.

But, on or before the 30th November, there

shall be paid at Tientsin a sum of Five

hundred thousand Taels. The French Representative and the Chinese High Officers

shall

hereafter, respectively,

manner in which the

Art.

V.-The

appoint

instalments money to be

deputies

to consult are to be paid and receipts paid by China is on

together

and

French military

arrange the

granted.

account of expenditure, and losses sustained by French merchants and others under (French) protection, whose Hongs and chattels at Canton were burnt and plundered by the populace. The French Government will at a future period divide the money in fair

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CONVENTION BETWEEN FRANCE AND CHINA,

proportions among each sufferers, --the amount to be appropriated for the losses and injuries incurred by such French subjects and others protected, to be One Million of Taels. The remainder will be retained for military expenses.

Art. VI.—It shall be promulgated throughout the length and breadth of the land, in the terms of the Imperial Edict of the 20th February, 1846, that it is permittel to all people in all parts of China to propagate and practice the "teachings of the Lor of Heaven," to meet together for the preaching of the doctrine, to build churches aud to worship; further, all such as indiscriminately arrest Christians] shall be lul punished; and such churches, schools, cemeteries, lands, and buildings, as were owne on former occasions by persecuted Christians shall be paid for, and the money but to the French Representative at Peking, for transmission to the Christians in the localities concerned. It is in addition, permitted to French Missionaries to rent and ¡urchase land in all the provinces, and to erect buildings thereon at pleasure.

Art. VII.-On the day on which the Ministers of the two countries affix their seals and signatures, the port of Tientsin, in the province of Chib-le, shall be open-l to trade on the same conditions as the other ports. The provisions of the presen Convention shall take effect from the day on which it is signed, no separate Ratifica tion of the same being necessary: they shall be observed and enforced just as if forming part of the text of the Treaty of Tientsin. And on the receipt of Five hundred thousand Taels at Tientsin, the French forces, Naval and Military, shal! retire from Tientsin and occupy the two ports of Taku and Yen-tae (Chefoo,) wher they are to remain until the payment in full of the Indemnity,-upon which the French forces, at whatever places stationed, shall one and all be withdrawn from Chinese territory; but the Naval and Military Commanders in Chief may encamp soldiers for the winter in Tientsin, and on the payment of the ready money indemnity [f the Taels 500,000 to be paid 30th November, at Tieutsin] the force shall retire from Tientsin.

Art. VIII.--On the exchange of the Ratifications of the Treaty of 1858, ChusaN shall at once be evacuated by the French forces now stationed there; and on the pay- ment in full of the sum of Five hundred thousand Taels for which this Convention provides-with the exception of (that portion of) the force which being about to winter at Tientsin, will remain there for à time, and which it is considered inconvenien to at once withdraw, as is stated in the seventh Article, the various forces occupying Tientsin shall be withdrawn from that city, and shall retire to the Taku forts, the North Coast of Tang-chow, and the city of Canton, where they will be stationed until the Indemnity of Eight Millions of Taels, guaranteed by this Convention, shall have been paid in full; the occupant forces, as above referred to, shall be entirely withdrawn. Art. IX.-On the exchange of the Ratifications of the Treaty of 1858, His Imperial Majesty the Emperor of China will, by Decree, notify to the High Authorities of every Province, that the Chinese chosing to take service in the French Colonies, or other ports beyond sea, are at perfect liberty to enter into engagements with French subjects for that purpose, and to ship themselves and their families on board aur vessel at any of the open ports of China; also that High Authorities aforesaid shall in concert with the Representative in China of His Imperial Majesty the Emperor of France, frame such regulations for the protection of Chinese emigrating as above, as the circumstances of the different ports may demand.

Art. X.-A mistake having crept into the text of the 22nd Article of the Treats concluded at Tientsin in the year 1858, to the effect that Tonnage Dues would be charged on French ships over one hundred and fifty tons burthen at the rate of Fire now agreed that ou vessels of more than one hundred and fifty

Mace per ton, it tons Tonnage Dues shall be levied at the rate of Four mace per ton; on vessels of less than one hundred and fifty tons, Oue mace per ton shall be collected. From henceforth, French vessels entering port shall each and all pay Tonnage Dues in accordance with

the rates hereby fixed.

Signed and Sealed at Peking, by the Plenipotentiarios of China and France, of

the 25th day of October, in the year 1860.

[Hien Fung, 10th year, second month, 12th day.]

TREATY OF AMITY, COMMERCE, AND NAVIGATION, BETWEEN PRUSSIA AND CHINA.

Treaty of Amity, Commerce, and Navigation, between the States of the German Customs' Union, the Grand Duchies of Mecklenburg-Schwerin and Mecklenburg- Strelitz, and the free Hanseatic Towns of Lubeck, Bremen, and Hamburg on the one part, and China on the other part.

His Majesty the King of Prussia, for himself, as also on behalf of the other

members of the German Zollverein, that is to say:-

The Crown of Bavaria, the Crown of Saxony, the Crown of Hanover, the Crown of Wurtemberg, the Grand Duchy of Baden, the Electorate of Hesse, the Grand Duchy of Hesse, the Duchy of Brunswick, the Grand Duchy of Oldenburg, the Grand Duchy of Luxemburg, the Grand Duchy of Saxony, the Duchies of Saxe Meiningen, Saxe Altenburg, Saxe Coburg Gotha, the Duchy of Nassau, the Principalities Waldeck and Pramont, the Duchies Anhalt, Dessau, Koethen and Anhalt Bernburg, the Principali- ties Lippe, the Principalities Schwarzburg Sondershousen and Schwarzburg Audo- lotadz, Reuss the Elder, and Reuss the Younger Line, the Free City of Frankfort, the Grand Baillewick Meisenheim of the Landgravate Hesse, the Baillewick Hamburg of the Landgravate Hesse, and :-The Grand Duchies Mecklenburg-Schwerin and Meck- lenburg-Strelitz, and the Senates of the Hanseatic Towns, Lubeck, Bremen and Hamburg of the one part, and His Majesty the Emperor of Ching of the other part, being sincerely desirous to establish friendly relations between the said States and China, have re- solved to confirm the same by a Treaty of Friendship and Commerce. mutually advantageous to the subjects of both High Contracting Parties, and for that purpose have named for their Plenipotentiaries, that is to say :—

His Majesty the King of Prussia, Frederick Albrecht Count of Eulenburg, Cham berlain, His Majesty's Envoy Extraordinary and Minister Plenipotentiary, Knight of The Red Eagle, Knight of St. John, &c., &c.. &c.

And His Majesty the Emperor of China, Cheougheen, a member of the Imperial Ministry of Foreign Affairs at Peking, Director-general of Public Supplies, and Im- perial Commissioner.

Chonghee, Honorary under-Secretary of State, Superintendent of the three Northern Ports, and Deputy Imperial Commissiouer, who after having communicated to each other their respective full powers, and found the same in good and due form,

agreed upon the following articles :-

have

Art. I.-There shall be perpetual peace and unchanging friendship between the contracting States. The subjects of both States shall enjoy full protection of person and property.

Art. II-His Majesty the King of Prussia may, if he see fit, accredit a diplomatic agent to the Court of Peking, and His Majesty the Emperor of China, may in like manner, if he see fit, nominate a diplomatic agent to the Court of Berlin.

The diplomatic agent nominated by His Majesty the King of Prussia, shall also represent the other contracting German States, who shall not be permitted to be re- presented at the Court of Peking by diplomatic agents of their own. His Majesty the Emperor of China hereby agrees that the diplomatic agent, so appointed by His Ma-

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TREATY BETWEEN PRUSSIA AND CHINA.

jesty the King of Prussia, may, with his family and establishment, permanently resid at the capital, or may visit it occasionally, at the option of the Prussian government Art. III.--The diplomatic agents of Prussia and China shall, at their respective residences, enjoy the privileges and immunities accorded to them by international lav Their persons, their families, their residences, and their correspondence shall be held inviolable. They shall be at liberty to select and appoint their own officers, couriers. interpreters, servants, and attendants, without any kind of molestation.

All expenses occasioned by the diplomatic mission shall be borne by the respective

governments.

The Chinese government agrees to assist His Prussian Majesty's diplomatic agent. uyenhisarrival at the capital, in selecting and renting a suitable house and other buildings. Art. IV. The contracting German States may appoint a Consul General, and for each port or city opened to foreign commerce, a Consul, Vice-Consul or Consula: Agent, as their interests may require.

These officersshall be treated with due respect by the Chinese authorities, and enjor the same privileges and immunities as the Consular officers of the most favoured nations. In the event of the absence of a German Consular Officer, the subjects of the con- *racting German States shall be at liberty to apply to the Consul of a friendly power, r, in case of need, to the Superintendent of Customs, who shall use all efforts to

secure to them the privileges to this treaty.

Art. V.-All official communications addressed by the diplomatic agent of His Majesty the King of Prussia, or by the Consular Officers of the contracting German States, to the Chinese authorities, shall be written in German. At present and until otherwise agreed, they shall be accompanied by a Chinese translation; but it is hereby mutually agreed, that in the event of a difference of meaning appearing between the German and Chinese text, the German governments shall be guided by the sense ex- pressed in the German text.

Ju like manner shall all official communications addressed by the Chinese autho ities to the Ambassadors of Prussia, or to the Consuls of the contracting Germau States. be written in Chinese, and the Chinese authorities shall be guided by this text. It is further agreed, that the translations may not be adduced as a proofin deciding differences.

In order to avoid future differences, and in consideration that all diplomatists of Europe are acquainted with the French language, the present treaty has been executed in the German, the Chinese, and the French languages. All these versions have the same sense and signification; but the French text shall be considered the original text of the treaty, and shall decide wherever the German and Chinese versions differ.

Art. VI.—The subjects of the contracting German States may, with their families, reside, frequent, carry on trade or industry, in the ports, cities and towns of Canton, Swatow, or Chau-chau, Amoy, Foochow, Ningpo, Shanghai, Tungchau, Tientsin, New chwang, Chinkiang, Kiukiang, Hankow, Kingchau (Hainan), and at Taiwan and Tamsui on the Island of Formosa. They are permitted to proceed to and from these places with their vessels and merchandize, and within these localities purchase, rent, or iet houses or land, build or open churches, church-yards, and hospitals.

Art. VII.—Merchant vessels belonging to any of the contracting German States. may not enter other ports than those declared open in this treaty. They may not contrary to law, enter other ports, or carry on illicit trade along the coast. All vessels detected in violating this stipulation, shall, together with their cargo, be subject to confiscation by the Chinese Government.

Art, VIII.—Subjects of the contracting German States may make excursions in the neighbourhood of the open ports to a distance of one hundred li, and for a time not

exceeding five days.

Those desirous of proceeding into the interior of the country, must be provided with a passport, issued by their respective Diplomatic or Consular authorities, and countersigned by the local Chinese authorities. These passports must upon demand be

exhibited.

The Chinese authorities shall be at liberty to detain merchants or travellers, subjects of any of the contracting German States, who may have lost their passport until they

TREATY BETWEEN PRUSSIA AND CHINA,

151

tave procured new ones, or to convey them to the next consulate; but they shall not

permitted to subject them to ill-usage or allow them to be ill-used.

It is, however, distinctly understood, that no passports may be given to places at

resent occupied by the rebels, until peace has been restored.

Art. IX.--The subjects of the contracting German States shall be permitted to ngage compradores, interpreters, writers, workmen, sailors, and servants from any art of China, upon a compensation agreed to by both parties, as also to hire boats for he transport of persons and merchandise. They shall also be permitted to engage Chinese for acquiring the Chinese language or dialects, or to instruct them in foreign nguages. There shall be no restriction in the purchasing of German or Chinese books. Art. X.-Persons professing or teaching the Christian religion shall enjoy full rotection of their person and property, and be allowed free exercise of their religion. Art. XI.-Any merchant-vessel of any of the contracting German States arriving .: any of the open ports, shall be at liberty to engage the services of a pilot to take ter into port. In like manner, after she has discharged all legal dues and duties, and s ready to take her departure, she shall be permitted to select a pilot to conduct her out of port.

Art. XII. Wherever a vessel belonging to any of the contracting German States as entered a harbor, the Superintendent of Customs may, if he see fit, depute one or more Customs' officers to guard the ship, and to see that no merchandise is smug- gled. These officers shall live in a boat of their own, or stay on board the ship, as may Fest suit their convenience. Their salary, food, and expenses shall be defrayed by the Chinese Customs' authorities, and they shall not be entitled to any fees whatever from the master or consignee. Each violation of this regulation shall be punished propor- tionately to the amount exacted, which shall be returned in full.

Art. XIII.-Within twenty-four (24) hours after the arrival of the ship, the master, unless he be prevented by lawful causes, or in his stead the supercargo or the consignee, shall lodge in the hands of the Consul the ship's papers and a copy of the manifest.

Within a further period of twenty-four (24) hours the Consul will report to the Superintendent of Customs the name of the ship, the number of the crew, her register tonnage, and the nature of the cargo.

If owing to neglect on the part of the master the above rule be not complied with within forty-eight hours after the ship's arrival, he shall be liable to a fine of fifty (50) lollars for every day's delay; the total amount of penalty, however, shall not exceed two hundred (200) dollars.

Immediately after the receipt of the report, the Superintendent of Customs sbull

issue a permit to open hatches.

If the master shall open the hatches and begin to discharge the cargo without said permit, he shall be liable to a fine not exceeding five hundred dollars, and the goods

o discharged without permit shall be liable to confiscation.

Art. XIV --Whenever a merchant, subject of any of the contracting German States, has cargo to land or ship, he must apply to the Superintendent of Customs for a special permit. Merchandise landed or shipped without such permit shall be subject

to forfeiture.

Art. XV. The subjects of the contracting German States shall pay duties on all goods imported or exported by them at the ports open to foreign trade, according to the tariff appended to this treaty; but in no case shall they be taxed with higher duties than at present or in future, subjects of the most favored nations are liable to.

The commercial stipulations appended to this treaty shall constitute an integral part of the same, and shall therefore be considered binding for both the high con- tracting parties.

Art. XVI.-With respect to articles subject to an ad valorem duty, if the German merchant cannot agree with the Chinese officers as to their value, then each party shall all in two or three merchants to examine and appraise the goods, and the highest price at which any of these merchants might declare himself willing to purchase them,

assumed as the value of the goods.

shall

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TREATY BETWEEN PRUSSIA AND CHINA.

Art. XVII.—Duties shall be charged upon the net weight of each article, tar therefore to be deducted. If the German merchant cannot agree with the Chines officers on the exact amount of tare, then each party shall choose from among the good respecting which there is a difference, a certain number of chests or bales, which being first weighed gross, shall afterwards be tared, and the tare fixed accordingly. Th average tare upon these chests or bales shall constitute the tare upon the whole lot o packages.

Art. XVIII.—If in the course of verification there arise other points of disput- which cannot be settled, the German merchant may appeal to his Consul, who will communicate the particulars of the differences of the case to the Superintendent of Customs, and both will endeavour to bring about an amicable arrangement. But the appeal to the Consul must be made within twenty-four hours, or it will not be attend.

cd to. As long as no settlement be come to, the Superintendent of Customs shall not enter the matter at issue in his books, in order that by such entry a thorough investi gation and the final settlement of the differences be not prejudiced.

Art. XIX.-Should imported goods prove to be damaged, a fair reduction of duty shall be allowed, in proportion to their deterioration. If any disputes arise. they shall be settled in the same manner agreed upon in Art. XVI. of this treaty. having reference to articles which pay duty ad valorem.

Art. XX.-Any merchant-vessel belonging to one of the contracting German States, having entered any of the open ports, and not yet opened the hatches, may quit the same within forty-eight hours after her arrival, and proceed to another port. without being subject to the payment of tonnage-dues, duties, or any other fees or charges; but tonnage-dues must be paid after the expiration of the said forty-eight hours.

Art. XXI.-Import duties shall be considered payable on the landing of the goods. When all tonnage-dues and duties

and duties of export ou the shipping of the same. shall have been paid, the Superintendent of Customs shall give a receipt in full (port- clearance), which being produced at the Consulate, the Consular Officer shall then return to the captain the ship's papers, and permit him to depart on his voyage.

Art. XXII.-The. Superintendent of Customs will point out one or more bankers. authorized by the Chinese government to receive the duties on its behalf. The receipts of these bankers shall be looked upon as given by the Chinese government itself. Payment may be made in bars or in foreign coin, whose relative value to the Chinese Syce silver shall be fixed by special agreement, according to circumstances, between the Consular Officers and the Superintendent of Customis.

Art. XXIII.—Merchant-vessels belonging to the contracting German States of more than one hundred and fifty tons burden, shall be charged four mace per ton; merchant-vessels of one hundred and fifty tous and under, shall be charged at the rat: of one mace per ton.

The captain or consignee having paid the tonnage-dues, the Superintendent of Customs shall give them a special certificate, on exhibition of which, the ship shall be exempted from all further payment of tonnage-dues in any open port of China, which the captain may visit, for a period of four mouths, to be reckoned from the date of the port-clearance mentioned in Article XXI.

Boats employed by subjects of the contracting German States in the conveyance of passengers, baggage, letters, articles of provisions, or articles not subject to duties. shall not be liable to tonnage-dues. Any boat of this kind, however, conveying mer chandize subject to duty, shall come under the category of vessels under one hundred and fifty tons, and pay tonnage-dues at the rate of one mace per register ton.

Art. XXIV.-Goods on which duties have been paid in any of the ports open foreign trade, upon being sent into the interior of the country, shall not be subject to any but transit duty. The same shall be paid according to the tariff now existing and may not be raised in future. This also applies to goods sent from the interior All transit duties on produce brought from the interior to any of the open ports.

of the country to any of the open

ports.

TREATY BETWEEN PRUSSIA AND CHINA.

153

r importations sent from any of the open ports into the interior of China, may be

paid once for all.

If any of the Chinese officers violate the stipulations of this article by demanding illegal or higher duties than allowed by law, they shall be punished according to

Chinese law.

Art. XXV.-If the master of a merchant-vessel belonging to any of the con tracting German States, having entered any of the open ports, should wish to land only a portion of his cargo, he shall only pay duties for the portion so landed. He may take the rest of the cargo to another port, pay duties there, and dispose of the same. Art. XXVI.-Merchants of any of the contracting German States, who may have Imported merchandize into any of the open ports and paid duty thereon, if they desire to re-export the same, shall be entitled to make application to the Superintendent of Customs, who shall cause examination to be made to satisfy himself of the identity of the goods, and of their having remained unchanged.

On such duty-paid goods the Superintendent of Customs shall, on application of

the merchant wishing to re-export them to any other open port, issue a certificate testifying the payment of all legal duties thereon.

The Superintendent of Customs of the port to which such goods are brought, shall, upon presentation of said certificate, issue a permit for the discharge ani landing of them free of all duty, without any additional exactions whatever. But if, on comparing the goods with the certificate, any fraud on the revenue be detected, them the goods shall be subject to confiscation.

But if the goods are to be exported to a foreign port, the Superintendent of Customs of the port, from which they are exported, shall issue a certificate, stating that the merchant who exports the goods has a claim on the Customs equal to the amount of duty paid on the goods. The certificate shall be a valid tender to the Customs in payment of import or export duties.

Art. XXVII.--No transhipment from one vessel to another can be made without special permission of the Superintendent of Customs, under pain of confiscation of the goods so transhipped, unless it be proved that there was danger in delaying the transhipment.

Art. XXVIII.—Sets of standard weights and measures, such as are in use at the Canton Custom House, shall be delivered by the Superintendent of Customs to the Consul at each port open to foreign trade. These measures, weights and balances shall represent the ruling standard on which all demands and payments of duties are made, and in case of any dispute they shall be referred to.

Art. XXIX.-Penalties enforced, or confiscations made for violation of this Treaty,

or for the appended regulations, sball belong to the Chinese Government.

Art. XXX-Ships-of-war belonging to the contracting German States cruizing about for the protection of trade, or being engaged in the pursuit of pirates shall be at liberty to visit, without distinction, all ports within the dominions of the Emperor of China. They shall receive every facility for the purchase of provisions, the procuring of water, and for making repairs. The commanders of such ships shall hold intercourse with the Chinese authorities on terms of equality and courtesy. Such ships shall not

liable to the payment of duties of any kind.

Art. XXXI.-Merchant-vessels belonging to any of the contracting German States, if from injury sustained, or from other causes, compelled to seek a place of refuge, shall be permitted to enter any port within the dominion of the Emperor of China without being subject to the payment of tonnage-dues or duties on the goods, if only landed for the purpose of making the necessary repairs of the vessel, and remaining under the supervision of the Superintendent of Customs. Should any such ressel be wrecked or stranded on the coast of China, the Chinese authorities shall immediately adopt measures for rescuing the crew and for securing the vessel and cargo. The crow thus saved shall receive friendly treatment, and if necessary, shall be furnished with the means of conveyance to the nearest Consular station.

Art. XXXII.-If sailors or other individuals of ships-of-war, or merchant Teasels belonging to any of the contracting German States, desert their ships and take

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TREATY BETWEEN PRUSSIA AND CHINA.

fuge in the deminions of the Emperor of China, the Chinese authorities shall, upon ......e requisition by the Consular Officer, or by the Captain, take the necessary steps for te detection of the deserter, ånd hand him over to the Consular Officer or totbeCaptain

ard ships belonging to subjects of the contracting German States, the local Chine In like manner, if Chinese deserters or criminals take refuge in the houses or on thorities shall apply to the German Consular Officer, who will take the necessar reasures for apprehending the said deserter or criminal, and deliver him up to the

anese authorities.

Art. XXXIII.—It any vessel belonging to any of the contracting German States, waile within Chinese waters, be plundered by pirates, it shall be the duty of the Chinese authorities to use every means to capture and punish the said pirates, to cover the stolen property where and in whatever condition it may be, and to hand

Le same over to the Consul for restoration to the owner. If the robbers or pirates Cannot be apprehended, or the property taken cannot entirely be recovered, the Chinese authorities shall then be punished in accordance with the Chinese law, without,

cwever, in that case, being compelled to restore the property taken.

Art. XXXIV.—Îf subjects of any of the contracting German States have any ccasion to address a communication to the Chinese authorities, they must submit the tiac to their Consular Officer, to determine if the matter be just, and the language e proper and respectful, in which event he shall transmit the same to the proper uthorities, or return the same for alterations. If Chinese subjects have occasion to „ddress a Consul of one of the contracting German States, they must adopt the same ourse, and submit their communication to the Chinese authorities, who will act in

like manner.

Art. XXXV-Any subject of any of the contracting German States having reason to complain of a Chinese, must first proceed to the Consular Officer and state bia grievance. The Consular Officer having inquired into the merits of the case, will endea vour to arrange it amicably. In like manner, if a Chinese have reason to complain of a subject of any of the contracting German States, the Consular Officer shall listen to his complaint and endeavour to bring about a friendly settlement. If the dispute, Lowever, is of such a nature that the Consul cannot settle the same amicably, he shall then request the assistance of the Chinese authorities, that they may conjointly examine into the merits of the case, and decide it equitably.

Art. XXXVI.—The Chinese authorities shall at all times afford the fulles protection to the subjects of the contracting German States, especially when they are exposed to insult or violence In all cases of incendiarism, robbery, or demolition, the local authorities shall at ouce dispatch au armed force to disperse the mob, to apprehend the guilty, and to punish them with the rigour of the law. Those robbed er whose property have been demolished, shall have a claim upon the despoilers of their property for indemnification, proportioned to the injury sustained,

Art. XXXVII-Whenever a subject of His Majesty of China fails to discharge the debts due to one of the contracting German States or fraudulently absconds, the Chinese authorities, upon application by the creditor, will do their utmost to effect his arrest and to enforce payment of the debt. In like manner the authorities of the contracting German States shall do their utmost to enforce the payment of the debts of their subjects towards Chinese subjects, and to bring to justice any who fraudulent! abscond. But in no case shall either the Chinese government or the governments of the contracting German States be held responsible for the debts incurred by their respective subjects

Art. XXXVIII. Any subject of His Majesty the Emperor of China, having committed a crime against a subject of one of the contracting German States, shall be apprehended by the Chinese authorities and punished according to the laws of Chin In like manner, if a subject of one of the contracting German States is guilty of a crime against a subject of His Majesty of China, the Consular Officer shall arrest bim and punish him according to the laws of the State to which he belongs.

Art. XXXIX.-All questions arising between subjects of the contracting German States in reference to the right of property or person shall be submitted to the

TREATY BETWEEN PRUSSIA AND CHINA,

risdiction of the authorities of their respective States. In like manner will the hinese authorities abstain from interfering in differences that may arise between bjects of one of the contracting German States and foreigners.

Art. XL.-The contracting parties agree that the German States and their surjects shall fully and equally participate in all privileges, immunities, and advantages hat have been, or may be hereafter granted, by His Majesty the Emperor of China to he government or subjects of any other nation. All changes made in favor of any ation in the tariff, in the customs duties, in tonnage and harbor dues, in import, export, or transit duties, shall, as soon as they take effect, immediately and without a w treaty, be equally applied to the contracting German States, and to their merchants.

ship-owners, and navigators.

Art. XLI.-If in future the contracting German States desire a modification of ny stipulation contained in this treaty; they shall be at liberty, after the lapse of ten ears, dated from the day of the ratification of this treaty, to open negociations to that ffect. Six months before the expiration of the ten years it must be officially notified to the Chinese government that modifications of the treaty are desired, and in what these consist. If no such notification is made, the treaty remains in force for anothe

*en years.

Art. XLII.-The present treaty shall be ratified and the ratifications be exchanged within one year dated from the day of signature; the exchange of the ratifications to take place at Shanghai or Tientsin, at the option of the Prussian government. Im- mediately after the exchange of ratifications has taken place, the treaty shall be brought the knowledge of the Chinese authorities, and be promulgated in the Capital and

*hroughout the provinces of the Chinese Empire, for the guidance of the authorities. faith whereof we, the respective Plenipotentiaries of the high contracting

powers, have signed and sealed the present treaty.

Done in four copies, at Tientsin, this second day of September, in the year of our Lord one thousand eight hundred and sixty-one, corresponding with the Chinese date,

'he twenty-eighth day of the seventh month, of the eleventh year of Hien Fung. COUNT EULENBURG. CHONG MEEN. CHONG HEE.

(Signed) [L.8.]

L.S. L.S.

The preceding treaty has been ratified, and the ratificationsexchanged at Shanghai,

1nuary 14th, 1863.

Art. I.-In addition to a treaty of amity, commerce and navigation, concluded this day between Prussia, the other states of the German Customs Union, the Grand Duchies of Mecklenburg-Schwerin and Mecklenburg-Strelitz, the Hanseatic towns of Lubeck, Bremen, and Hamburg on the one part, and China ou the other part, which treaty shall take effect after exchange of the ratifications within twelve months from its ignature, and which stipulates that His Majesty the King of Prussia may nominate a diplomatic agent at the Court of Peking with a permanent residence at that Capital, it has been convened between the respective Plenipotentiaries of these States, that, wing to and in consideration of disturbances now reigning in China, His Majesty the King of Prussia shall wait the expiration of five years after the exchange of ratifications of this treaty, before he deputes a diplomatic agent to take his fixed re- sidence at Peking.

faith

whereof

and affixed their seals.

Done in four

Lord one

the respective Plenipotentiaries have hereunto set their

signature

copies, at Tientsin, this second day of September, in the year of our thousand eight hundred and sixty-one, corresponding to the Chinese date of the twenty-eighth day of the seventh moon, of the eleventh year in the reign of Hien Fung

(Signed) [L.S.]

[L.S.]

COUNT EULENBURG. CHONG

MEEN.

CHONG HEE.

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TREATY BETWEEN PRUSSIA AND CHINA.

Art._II.—In addition to a treaty of amity, commerce and navigation, concluded

between Prussia, the other States of the German Customs Union, the grand Duchi of Mecklenburg-Schwerin and Mecklenburg-Strelitz, and the Hanseatic towns of Lube Bremen and Hamburg on the one part, and China on the other part.

It has been separately agreed that the Senates of the Hanseatic towns shall bat

the right to nominate for themselves a Consul of their own at each of the Chinese open for commerce and navigation.

ports

This separate article shall have the same force and validity as if included aud 1,;

word in the above-mentioned treaty,

In faith whereof the respective Plenipotentiaries have signed this present separate

article, and affixed their seals.

Done in four copies, at Tientsin, the second day of September, in the year ofour Lori one thousand eight hundred and sixty-one, corresponding to the Chinese date of the twenty-eighth day of the seventh month of the eleventh year in the reign of Hien Fung

(Signed) [L.S.] COUNT EULENBURG.

L.S.

CHONG MEEN,

L.S.

CHONG HEE.

CONVENTION SIGNED BETWEEN RUSSIA AND CHINA. AT PEKING, ON THE 14TH NOVEMBER, 1560.

TRANSLATED FROM THE CHINESE TEXT.

Their Imperial Majesties the Emperors of China and Russia, having made them- selves fully acquainted with the terms of the Treaty concluded in the year 1858, propost to establish certain regulations with a view to the consolidation of amity, commerce, nd alliance between the two States, and in order to provide against all misunder standing and disputes, and for this purpose, have appointed Plenipotentiaries, that is o say-His Imperial Majesty the Emperor of China, His Imperial Highness the Prince of Kung; His Imperial Majesty the Emperor of Russia, His Excellency Privy Councillor F-ko-na-te-yay-fuh :*—who, and after communicating to each other their full powers, have conjointly agreed upon the following convention.

Art. 1.-In accordance with the first article of the Treaty concluded at Gachwan (Ay-Kom, on the Amoor), on the 2nd of June, 1858, and the ninth article of the Treaty concluded at Tientsin, on the 13th of June of the samne year, it is agreed that the Eastern boundaries, separating Russia from Chinese territory, shall be as follows :-- from the junction of the rivers Shih-lih-ngih-urh (Songary River) and Koona:---that is to say, down the Amoor to its junction with the Usuri, the country to the North belongs to Russia, and that to the South, as far as the mouth of the Usuri, to China; from the mouth of the Usuri, southwards, to Lake Hin-Ka, the rivers Usuri, and Sangatchan shall be the boundaries,-that is to say, the tract of country east of the said rivers belongs to Russia, and that west of the same to China; from the source of The Songatchan, the boundary shall traverse Lake Hin-Ka in a right line from the Songatchan to the Pih-ling; and from the mouth of the Pih-ling, it shall follow the range of mountains to the Houptou's mouth, from which it shall pass to the mouth of the Toumen, running along the Houchun and the Hae-chung-keen range.--that is to say, the country east of the boundary line thus indicated (from Lake Hin-Ka to the mouth of the Toumen) belongs to Russia, and that lying to the west thereof to China. From the point at which the frontiers of the two countries meet at the Toumen to the mouth of the said river, there shall be neutral territory, separating the Russian from the Chinese possessions, 20 le in width. Further, in accordance with the ninth article of the Tientsin Treaty, it is agreed that a chart shall be made, in which the portion colored red shall indicate the frontiers, and on which shall be written the Russian words " 4-pa-wa-kih-ta-yay-jene-keae-e-yih-gih-la-ma-na-wo-pa-la-sa-too-woo," in order

to facilitate accurate reference: and the said charts shall be duly authenticated by the seals and signatures of the High Ministers of the two countries.

The tract of country above referred to is unoccupied waste land. Should Chinese quatters be found in any part of it, or should any portions be used by Chinese as fishing or hunting grounds, Russia shall not take possession of such, but the Chinese hall be allowed to fish and to hunt as they have been wont to do.

From the time of setting up the boundary marks there shall never be any changes made; and Russia engages not to encroach upon the Chinese territory in the vicinity of the frontiers, nor will ground be seized in any other part of China.

Art. 2.-Following the range of hills along the Amoor's course, the long established Chinese frontier posts, and the marks put down in the 6th year of Yung-ching's reign

*This is the Chinese expression for Ignatieff; the Russian Pienipotentiary's name→Translator.

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CONVENTION BETWEEN RUSSIA AND CHINA.

(1728) at Sha-peen Ta-pa-ha, (in the vicinity of Tarbagatai), it is agreed that, wh these marks terminate, the Western boundaries, not yet laid down, shall commerc they shall extend westward to the Lake Tse-sang-chin-url, from which, after running 4 south-westerly direction along the Tih-mil-urh Too-choo-rh of the Tee-shan ran they shall go southwards to Kho-Kand.

Art. 3.-Should there hereafter occur disputes or misunderstandings in respect .... frontier boundaries, it is agreed that they shall be determined by the two articles tha precede. With reference to the placing of boundary marks in the tracts of country lyin on the East, between Lake Hin-Ka and the Toumen, and, on the West, between Śli peen Ta-pa-ha and Kho-Kand, it is agreed that trustworthy officers shall Le appoint by the two governments for that purpose. For the placing of the marks along th eastern frontiers the officers appointed shall meet at the month of the Usuri in Ma 1861; and for similar duty on the Western frontiers, officers shall meet at Tarlagata -but the time of meeting, it is unnecessary to fix. The officers appointed for the al work shall act with all fairness and justice; and, as in accordance with the boundari indicated in the First and Second articles of this convention, they shall make for charts, two of which shall be Russian and two either Manchurian or Chinese, and ti said charts laving been duly signed and sealed by the officers in question, shall deposited, two (one Russian and one Manchurian or Chinese) in Russia, and two (o in Russian and one in Manchurian or Chinese) in China. On the interchange of the harts, they shall be ap; ended hereto as forming part of this article.

Art. 4-At all places along the frontiers agreed upon in the first article of th.. convention, Russian and Chinese subjects may hold intercourse at pleasure. Ther shall not, in any case, be duties levied: and all frontier officers shall afford protectio to merchant's quietly carrying on trade.

In order to greater precision, the substance of the second article of Gae-kwa

Ay-Kom), is hereby again enunciated.

Art. 5. ---Kussian merchants, in addition trading at Kiachta, may, when passi... in the old established manner from Kiachta to Peking, dispose of sundries at Koo-l::.. and Chang-kia-kow. A [Russian] Consul with a limited retinue may be stationed. Koo-lun, he shall himself supervise the building of a consulate, but the site, the numbe of buildings, and the land for pasturage of cattle, shall all be determined by the Hig officers stationed at Koo-lun.

Chinese merchants, desirous of so doing, are at liberty to repair to Russia, an

there carry on trade.

Russian merchants visiting the Chinese marts shall be under no restrictions. whether as to the time at which they may visit such places or the duration of the stay; but the number of merchants at any one place shall not exceed two hundred The Russian officers stationed on the frontiers shall supply each party of merchar with a passport, in which shall be specified the name of the chief merchant, the numbe of people that accompany him, and the place about to be visited by them for trad The merchants shall themselves provide funds for the expenditure attendant on thei business and for the purchase of food and cattle.

Art. 6-In the establishment of trade, the same regulations shall be applied at Kashgar as at Ili and Tarbagatai. At Kashgar, China agrees to make a grant of lani whereon to build residences, warehouses, and churches, in order to the convenience such Russian merchants as may live there; ground shall likewise be granted for bura purposes, and as at Ili and Tarbagatai, a tract of pasture land for cattle. The hiç officer stationed at Kashgar shall be officially directed to determine the amount o grounds to be granted for the purpose, and to make the other requisite arrangements Should people from the outside enter the Russian concessions at Kashgar, and plunder the property of Russian merchants trading there, China will not take any action in the matter.

Art. 7.-The merchants of both countries may trade as they please at the various marts, and shall not be subjected to any obstructions on the part of the officials; the may at pleasure frequent the shops and markets for trade and barter, and they m there make ready money payments, or if they trust each other, open credit accounts:

and,

CONVENTION BETWEEN RUSSIA AND CHINA.

131

as to the time that the merchants of the one the only limit shall be the merchants' own pleasure and convenience.

may sojourn in the other country,

Art. 8.-Russian merchants in China, and Chinese merchants in Russia, shall

reveive due protection from the government of the country.

In order to the due control of merchants, and to provide against misunderstand- ings and disputes, Russian Consuls, &c., may be stationed at the various trading marts; and, in addition to those at. Ili and Tarbagatai, Consuls shall be appointed for Kashgar and Koo-lun. China is at liberty to station Consuls at St. Petersburg, or at such other places in Russia as she may see fit. Such Consuls whether Russian or Chinese, shall reside in houses, to be built by their government; but they may like. wise, without obstruction, rent houses belonging to the people of the places at which they may chance to be stationed.

The Cousuls and the local officials shall correspond and hold intercourse on terms of equality, provided for by the second article of the Tientsin Treaty. In matters in which the merchants of both countries are concerned, the officers of the two govern. ments shall take conjoint action; criminals shall be punished in accordance with the laws of their country, as directed by the seventh article of the Tientsin Treaty.

In all cases of disputes originating in the nonpayment of money due in mercan tile transactions, the parties concerned shall themselves call in arbitrators; the Russian Consuls and the Chinese local officials shall merely take such action as may tend to bring about an amicable settlement, and shall not in any way be called upoù or held responsible for the payment of bad debts.

At the trading marts the merchauts may resister, at the offices of the Consuls and local authorities, agreements in reference to property and houses. In such cases, should either of the principals refuse to carry out the terms of the registered agreement, the Consuls and officials shall enforce their fulfilment.

punishment to the

direct,

by the Chinese

In cases other than those arising from mercantile transactions, as quarrels and

such like small matters, the Consuls and local officers shall act conjointly in the exami nation, and shall punish the guilty parties respectively, as under their several jurisdictions Russians secreting themselves in Chinese houses, or absconding to the interior of China, su, on the requisition of the Consul, be sought for "pil sent back by the Chinese authorities; and Russian officials shall act reciprocally in the event of Chinese hiding in Russian houses, or escaping to Russian territory. In such serious cases as murder, robbery, wounding, conspiracy to kill, incendiar.

ism, &c., &c., the guilty party, if Russian, shall be delivered for Russian authorities; if Chinese, he may be punished as the laws authorities, either at the place where the crime was committed, or at such other place

Chinese officials may deem proper. In all cases, great or little, the officials shall each deal with their own countrymen; they shall not in an irregula

manner arrest, detain, or punish [people not subject to their jurisdiction.] 9.-As compared with former years trade is now much increased, and new boundaries have been laid down. Thus, the condition of affairs differs much from what it was at the times of making the Treaties of Nipchu* and Kiachta, supplementary stipulations of succeeding years; and circumstances that gave rise to disputes between the various frontier officers no longer remain the same. changes, in existing regulations, as are necessitated [by the altered state of affairs,] are hereby included in newly drawn up stipulations.

as the local

Art.

Consuls and

moreover

and the

Such

Heretofore official communications treating of frontier business have only passed between the High Officer at Koo-lun and the Koo-pih-urh-na-to-urh (? the Governor)

the Tartar

of Kiachta, and between the Governor General of Western Siberia and General stationed at Ili. For the future in addition to the officers just named,

business

frontier

may be transacted by the Koo-pih-urh-na-to-url of the Amoor and Tung- bat-peen (Eastern Sea-shore) provinces in communication with the Tartar Genera!, stationed in Hih-lung-keang and Kee-lin.

Matters in which Kiachta is concerned shall be attended to by Ko-me-sa-urh (Com missioner or Commissary) stationed on the Kiachta frontier, in communication with the

* In latitude 51.40 N.,

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CONVENTION BETWEEN RUSSIA AND CHINA,

officer of the board at Kiachta. All such communications, &c.] shall be in accordance

with the provisions of the eight Article of this convention.

The said Generals, Governors, and other officers shall correspond on terms equality, in accordance with the second article of the Tientsin Treaty. Moreover, it the dispatches written refer to business that ought not be entered upon, no attention

hall be paid to them.

In respect of frontier business of great importance, the Governor General of Eastern

Siberia shall communicate thereon with either the Privy Council or the Foreign Offic

Art. 10.-All frontier business, whether of importance or otherwise, shall managed by conjoint action on the part of the frontier officers, as laid down in the eighth article of this convention; and, as provided for by the seventh article of the Tientsin Treaty, offenders shall be tried and punished in accordat ce with the laws of that one of the two countries to which they may belong.

Should cattle stray or be decoyed across the frontier boundaries, the officers of the locality on being informed of the fact by official communication, shall, without delay, dispatch people to search for them; they shall likewise give full information to the soldiery at the frontier ports, who shall be bound to recover and send back such cattle, whether straying or stolen, in accordance with the numbers reported in the original communication; and who, should they fail to restore the property that is missing shall Le punished, as the laws direct, in a manner proportionate to the value of what is lost. No claim for compensation shall be entertained.

In the event of runaways crossing the frontier, measures shall be taken for their discovery and arrest immediately upon the receipt of an official requisition to that effect: and, on the arrest having been effected, the prisoners, with whatever property may be found in their possession, shall be handed over to the nearest frontier officer, whose duty it shall be to ascertain the place from which such persons may have absconded. The runaways, while on the return journey under arrest, shall be supplied with food, and, if naked, with clothes; and they shall neither be maltreated nor insulted by the soldiers. Runaways arrested prior to the receipt of any such official requisition.

shall

also be dealt with in like manner.

Art. 11.-Answers shall be returned to communications transmitted through intermediate officers by the High Officials on the frontiers. The despatches of the Governor General of Eastern Siberia and of the Koo-pih-urh-na-to-urh (? Governor) of Kiachta shall be handed to the Ko-me-sa-urh (?"Commissioner or Commissary General) of Kiachta for transmission to the officer of the board. The despatches of the High Officer stationed at Koo-lun shall be handed to the officer of the board for transmission to the Ko-me-sa-urh of Kiachta. The despatches of the Koo-pil urh-na-to-urh of the Amoor province shall be forwarded to the Tartar General at Hi-lung-keang through the Adjutant General, who shall likewise transmit the despatches of the Kee-lin General. Despatches passing between the Koo-pih-urh-na- to-urh of the Tung-hae-peen province and the General stationed at Kee-lin, shall be transmitted through the officers at the frontier ports of Hongchun in the Usuri territory. Communications between the Governor General of Western Siberia and stationed at Ili, shall be transmitted through the Russian Consulat

the General

I. Whenever the business in question is of great importance, official messenger shall be employed. The Governor General of Eastern and Western Siberia and the various Koo-pih-urb-na-to-urb (? Governors of Provincial Districts) together with the high Officer at Koo-lun, and the Tartar General stationed at Hih-lun-keang, Kee-lin, and Ili, in the transmission of official communications, may entrust them to trustworthy

Russian officers.

Art. 12. As was stipulated for in the eleventh article of the Tientsin Treat the time allowed for the conveyance of official document and parcels from Kiachta to

herein defined.

Peking is

Letters shall be forwarded once a month; Parcels and boxes, from Kiachts to Peking shall be forwarded once every two months, and quarterly from Peking to Kiachta. Official documents shall not be more than twenty, nor parcels route; and as regards parcels, there shall never be more than twenty packages forwarded

than

forty

day del

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CONVENTION BETWEEN RUSSIA AND CHINA.

[6]

ོ

time and no single packages shall exceed 120 catties in weight. Letters shall not be -layed, but shall be forwarded on the day they are handed in for dispatch. In the event of any delay or neglect, the culpable parties shall be visited with severe punishment. Couriers, in charge of letters or parcels between Kiachta and Peking, shall call at e Koo-lan consulate, and deliver to the Consul all letters or parcels to his address, d they shall likewise take charge of whatsoever despatches or parcels the Consul

ay hand to them.

Whenever parcels are despatched from Kiachta or Koo-lan, the High officer at Kolun must be supplied with a list of the same; in like manner, when despatching reels from Peking, the Foreign-office shall be supplied with a list. Such list shall specify the number and weights of the packages, as also the date of their being spatched; and on the outside of each package shall be written, in Russian and

Manchurian or Chinese characters, its weight, &e. Merchant forwarding letters and parcels for purpose of trade, willing to hire porters themselves and to make other arrangements, shall be at liberty to do so, haring obtained permission, after the report of the circumstances, authorities, to obviate the [undue] incurring of expense on the government.

from

the local

for

Art. 13.-Official communications passing between the Russian Minister Foreign Affairs and the Chinese Privy Council, or between the Governor-General of Easteru Siberia and the Privy Council or Foreign-office, shall be forwarded by the egular post, and shall be under no restrictions in respect of time; and should any delay or detention be apprehended, in cases of importance, trustworthy Russian Officers may be charged with the speedy conveyance of such despatches. While resident at Peking, despatches on important business, for or from the Russian Minister, may be transmitted by officers appointed by the Russian government. Officers conveying such despatches shall not at any place be delayed or detained, and n every instance, such bearers of despatches shall be Russians. As regards the movements of such despatch-bearers, if travelling from Kiachta to Peking, the Ko-me-sa-urh shall notify the officer of the Board on the day preceding heir departure In like manner, if starting from Peking, a day's notice shall be given

to the

Board of War. Art. 14.-Should any of the arrangements in respect of land commerce hereafter prove inconvenient to both parties, the Governor-General of Eastern Siberia and the Chinese High officer of the Frontiers shall consult together, and determine the matter In accordance with the articles of this Convention; but new demands must not be preferred. There shall be no further departure from the provisions of the twelfth article of the Tientsin Treaty.

Art. 15.-On the termination of the present conference, the Chinese Minister Plenipotentiary shall translate the original text of this convention into the Chinese language, and shall furnish the Russian Minister Plenipotentiary with a copy of the Chinese translation, duly authenticated by signature and seal, who, on his side, shall likewise translate into Chinese the original text of the convention, and shall supply the Chinese Minister Plenipotentiary with a copy of the same, in like manner duly authenticated by seal and signature.

The articles of the present convention, without waiting for the ratification of the same by their Imperial Majesties the Emperors of the two countries, shall be in force, and for ever observed, from the day on which the translations into Chinese of the original text shall have been interchanged by the Ministers Plenipotentiary, who shall each forthwith issue whatever commands may be necessary for the carrying into effect of the provisions of the convention.

Signed and sealed by His Imperial Highness the Prince of Kung, Chinese Minis- ter Plenipotentiary, and His Excellency the Privy Councillor the Russian Minister Plenipotentiary, on the 2nd day of the 10th month of the 10th year of Hien Fung, .e.,

the 2nd day of the month No-va-poo-urh, in the year 1860, [4th November, 1860.1

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TREATY BETWEEN THE UNITED STATES OF AMERICA

to wit

AND CHINA.

SIGNED AT TIENTSIN, JUNE 15, 1859.

The Cnited States of America and the Ta-Tsing Empire, desiring to maintai

firm, lasting, the sincere friendship, have resolved to renew, in a manner clear positive, by means of a Treaty or general convention of peace, amity, and commer the rules which shall in future be mutually observed in the intercourse of their resp tive countries; for which most desirable object the President of the United States a the August Sovereign of the Ta-Tsing Empire, have named for their Plenipotentiario.

the President of the United States of America, William B. Reed, Env Extraordinary and Minister Plenipotentiary to China; and his Majesty the Emper of China, Kweiliang, a member of the Privy Council and Superintendent of the Board of punishments; and Hwashana, Fresident of the Board of Civil Office, and Major General of the Bordered Blue Banner Division of the Chinese Bannermen, both c them being Imperial Commissioners and Plenipotentiaries; And the said Minister. in virtue of the respective full powers they have received from their governments, have agreed upon the following articles.

Art.

I.-There shall be, as there has always been, peace and friendship between the United States of America and the Ta-Tsing Empire, and between their people, respectively. They shall not insult or oppress each other for any trifling cause, so as to produce an estrangement between them; and if any other nation should at unjustly or oppressively, the United States will exert their good offices, on being informed of the case, to bring about an amicable arrangement of the question, the showing their friendly feelings.

Art. II.—In order to perpetuate friendship, on the exchange of ratifications is the Fresident, with the advice and consent of the Senate of the United States, and by His Majesty the Emperor of China, this Treaty shall be kept and sacredly guarded this way, viz.: The original Treaty, as ratified by the President of the United States, shall be deposited at Peking, the capital of his Majesty the Fiaperor of China, in charge of the Privy Council; and, as ratified by his Majesty the Emperor of China. shall be deposited at Washington, the capital of the United States, in charge of the Secretary of State.

Ait. III.-In order that the people of the two countries may know and obey provisions of this Treaty, the United States of America agree, immediately on the exchange of ratifications, to proclaim the saine and publish it by proclamation in the Gazettes where the laws of the United States of America are published by authority; and his Majesty the Emperor of China, on the exchange of ratifications, agree; immediately to direct the publication of the same at the capital and by the governo

of all

the

provinces.

Art. IV.---In order further to perpetuate friendship, the Minister or Commissioner, or highest diplomatic representative of the United States of America in China, shall at all times have the right to correspond on terins of perfect equality and confidence with the officers of the Privy Council at the capital, or with the Governor-General of the two Kwangs, of Fuhkien and Chekiang, or of the Two Kiangs; and whenever le desires to have such correspondence with the Privy Council at the capital he sha have the right to send it through either of the said Governors-General, or by general Council and Governors-General, as the case may be, shall in all cases consider and

acknowledge such communications promptly and respectfully.

TREATY BETWEEN THE UNITED STATES AND CHINA.

163

Art. V.-The Minister of the United States of America in China, whenever he has business, shall have the right to visit and sojourn at the capital of his Majesty the Emperor of China, and there confer with a member of the Privy Council, or any other high officer of equal rank deputed for that purpose, on matters of common interest and lvantage. His visits shall not exceed one in each year, and he shall complete his

business without unnecessary delay. He shall be allowed to go by land or come t the mouth of the Peilo, into which he shall not bring ships-of-war, and he shall inform he authorities at that place in order that boats may be provided for him to go on his journey. He is not to take advantage of this stipulation to request visits to the capital un trivial occasions. Whenever he means to proceed to the capital he shall communicat writing his intention to the Board of Rites at the capital, and thereupon the sail Board shall give the necessary directions to facilitate his journey, and give him necessary protection and respect on his way. On his arrival at the capital he shall be furnished with a suitable residence prepared for him, and he shall defray his own expenses ; and his entire snite shall not exceed twenty persons, exclusive of his Chinese attendants, "one of which shall be engaged in trade.

Art. VI-It at any time His Majesty the Emperor of China shall, by treaty voluntarily made, or for any other reason, permit the representative of any friendly nation to reside at his capital for a long or short time, then, without any further cor sultation or express permission, the representative of the United States in China sha!! bave the same privilege.

Art. VII. The superior authorities of the United States and of China in corres.

pondence together shall do so on terms of equality and in form of mutual communica tion (chau-hwu). The Consuls and the local officers, civil and military, in corresponding together shall likewise employ the style and form of mutual communication (chau-humi) When inferior officers of the one government address the superior officers of the other they shall do so in the style and form of memorial (shin-shin). Private individuals in addressing officers shall employ the style of petition (pinching). In no case shall any terms or styles be used or suffered which shall be offensive or disrespectful to either party. And it is agreed that no presents, under any pretext or form whatever, shall ver be demanded of the United States by China, or of China by the United States. Art. VIIL—In all future personal intercourse between the representative of the United States of America and the Governors-General or Governors, the interviews sha!! be held at the official residence of the said officers, or at their temporary residence, or at the residence of the representative of the United States of America, whichever may be agreed upon between them; nor shall they make any pretext for declining these interviews. Current matters shall be discussed by correspondence, so as not to give the trouble of a personal meeting.

Art. IX.-Whenever national vessels of the United States of America, in cruising along the coast and among the ports opened for trade for the protection of the commerce of their country, or for the advancement of science, shall arrive at or near any of the ports of China, commanders of said ships and the superior local authorities of Govern ment shall, if it be necessary, hold intercourse on terms of equality and courtesy, i token of the friendly relations of their respective nations; and the said vessels shall enjoy all suitable facilities on the part of the Chinese government in procuring pro. visions or other supplies, and making necessary repairs. And the United States of America agree that in case of the shipwreck of any American vessel, and its being pillaged by pirates, or in case any American vessel shall be pillaged or captured by pirates on the seas adjacent to the coast, without being shipwrecked, the nationa! vessels of the United States shall pursue the said pirates, and if captured deliver ther. over for trial and punishment.

Art. X.-The United States of America shall have the right to appoint Consuls and other commercial agents for the protection of trade, to reside at such place in the dominions of China as shall be agreed to be opened; who shall hold official intercourse and correspondence with the local officers of the Chinese government (a Consul, or a vice-Consul in charge, taking rank with an intendant of circuit or a perfect), either personally or in writing, as occasion may require, on terms of equality and reciprocal

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TREATY BETWEEN THE UNITED STATES AND CHINA.

respect. And the Consuls and local officers shall employ the style of mutual con unication. If the officers of either nation are disrespectfully treated, or aggrieved in any way by the other authorities, they have the right to make representation of the same to the superior officer of the respective Governments, who shall see that full inquiry and strict justice shall be had in the premises. And the said Consuls and agents sha carefully avoid all acts of offence to the officers and people of China. On the arriva. of a Consul duly accredited at any port in China, it shall be the duty of the Minister of the United States to notify the same to the Governor-General or the province wher such port is, who shall forthwith recognize the said Consul and grant him authority

to act.

Art. XI.-All citizens of the United States of America in China, peaceably attend. ing to their affairs, being placed on a common footing of amity and good will with subjects of China, shall receive and enjoy for themselves and everything appertaining to them the protection of the local authorities of Government, who shail defend them from all insult or injury of any surt. If their dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers. on requisition of the Cousul, shall immediately dispatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigour of the law. Subjects of China guilty of any criminal act towards citizens of the United States shall be punished by the Chinese authorities according to the laws of China, and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble or wound the persons or injure the property of Chinese, or commit any other proper act in China, shall be punished only by the Consul or other public functionary thereto authorized, according to the laws of the United States. Arrests in order to trial may be made by either the Chinese or the United States authorities.

Art. XII.---Citizens of the United States, residing or sojourning at any of the ports open to foreign commerce, shall be permitted to rent houses and places of business or hire sites on which they can themselves build houses or hospitals, churches, and cemeteries. The parties interested can fix the rents by mutual and equitable agree ment; the proprietors shall not demand an exorbitant price, nor shall the local autho rities interfere, unless there be some objections offered on the part of the inhabitants respecting the place. The legal fees to t... livers for applying their seal shall be paid. The citizens of the United States stall not unreasonably insist on particular spots, but each party shall conduct themselves with justice and moderation. Any desecration of the cemeteries by natives of China shall be severely punished according At the places where the ships of the United States anchor, or their citizens

to law. reside, the merchants, seamen, or others can freely pass and repass in the immediate neighbourhood; but in order to the preservation of the public peace, they shall not go into the country to the villages and marts to sell their goods unlawfully, in fraud of

the revenue. Art. XIII.-If any vessel of the United States be wrecked or stranded on the count of China, and be subjected to plunder or other damage, the proper officers of the Government, ou receiving inforination of the fact, shall immediately adopt measures for its relief and security; the persons on board shall receive friendly treatment, and be enabled to repair at once to the nearest port, and shall enjoy all facilities for If the merchant vessels of the United

obtaining supplies of provisions and water. States while within the waters over which the Chinese Government exercises jurisdic tion, be plundered by robbers or pirates, then the Chinese local authorities, civil and military, on receiving information thereof, shall arrest the said robbers or pirates, and punish them according to law, and shall cause all the property which can be recovere to be restored to the owners, or placed in the hands of the Consul. If, by reason the extent of territory and numerous population of China, it shall in any case happer that the robbers cannot be apprehended, and the property only in part recovered, the Chinese Government shall not make indemnity for the goods lost; but if it shall be be communicated to the superior authorities for memorializing the Throne, and ther officers shall be severely punished and their property be confiscated to repay the losses;

TREATY BETWEEN THE UNITED STATES AND CHINA.

165

Art. XIV.The citizens of the United States are permitted to frequent the ports and cities of Canton and Chau-chau, or Swatow, in the province of Kwangtung; Amoy. Fochow, and Tai-wan, in Formosa, in the province of Fuhkien; Ning in the province Chekiang; and Shanghai in the province of Kiangsu, and any other port or place hereafter by treaty with other powers, or with the United States, opened to commeres, and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise from any of these ports to any other of them. But said vessels shall not carry on a clandestine and fraudulent trade at other ports of China not declared to be legal, along the coast thereof; and any vessel under the American flag violating this provision shall, with her cargo, be subject to confiscation to the Chinese Govern ment; and any citizen of the United States who shall trade in any contraband article of merchandise shall be subject to be dealt with by the Chinese Government, without wing entitled to any countenance or protection from that of the United States; and the United States will take measures to prevent their flag from being abused by the subjects of other nations as a cover of the violation of the laws of the Empire.

Art. XV.-At each of the ports open to commerce, citizens of the United States shall be permitted to import from abroad, and sell, purchase, and export all merchandise, of which the importation is not prohibited by the laws of the Empire. The tariff of duties to be paid by the citizens of the United States, on the export and import of goods from and into China, shall be the same as was agreed upon at the treaty of Wanghia, except so far as it may be modified by treaties with other nations, it being expressly agreed that citizens of the United States shall never pay higher duties than those paid by the most favoured nation.

Art. XVI.-Tonnage duties shall be paid on every merchant vessel belonging to the United States entering either of the open ports, at the rate of four mace per ton of forty cubic feet, if she be over one hundred and fifty tons burden; and one mace per ton of forty cubic feet if she be of the burden of one hundred and fifty tons or under, ac- cording to the tonnage specified in the register; which, with her other papers, shall on her arrival be lodged with the Consul, who shall report the same to the Commissioner of Customs. And if any vessel having paid tonnage duty at one port, shall go to any other port to complete the disposal of her cargo, or being in ballast, to purchase an entire or fill up an incomplete cargo, the Consul shall report the same to the Commissioner of Customs, who shall note on the port-clearance that the tonnage duties have been paid, and report the circumstances to the collectors at the other Custom-house; in which case, the said vessel shall only pay duty on her cargo, and not be charged with tonnage duty a second time. The collectors of customs at the open ports shall consult with the Consuls about the erection of beacons, or lighthouses, and where buoys and light-ships should be placed. Art. XVII. Citizens of the United States shall be allowed to engage pilots to take vessels into port, and when the lawful duties have all been paid, take them out of port. It shall be lawful for them to hire at pleasure servants, compradors, linguists, writers, labourers, seamen, and persons for whatever necessary service, with passage or cargo-boats, for a reasonable compensation, to be agreed upon by the parties or determined by the Consul.

their

Art. XVIII. Whenever merchant vessels of the United States shall enter a port,

the Collector of Customs shall, if he see fit, appoint Custom-house officers to guard said

vessele,

who

local

may live on board the ship or their own boats, at their convenience. The authorities of the Chinese government shall cause to be apprehended all mutineers deserters from on board the vessels of the United States in China, on being informed the Consul, and will deliver them up to the Consuls or other

officers for punishment.

And if criminals, subjects of China, take refuge in the houses, or on board the vessels of citizens of the United States, they shall not be harboured, but shall be delivered up to justice on due requisition by the Chinese local officers, addressed to those of the United States. The merchants, seamen, and other citizens of the United States shall

be under the superintendence of the appropriate officers of their government. If in- dividuals of either nation commit acts of violence or disorder, use arms to the injury of others, or create disturbances endangering life, the officers of the two governments

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TREATY BETWEEN THE UNITED STATES AND CHINA,

will exert themselves to enforce order and to maintain the public peace, by doing im Partial justice in the premises.

Art. XIX.-Whenever a merchant vessel belonging to the United States shal Cast anchor in either of the said ports, the supercargo, master or consignee, shal vithin forty-eight hours, deposit the ship's papers in the hands of the Consul or perso carged with his functions, who shall cause to be communicated to the Superintenden of Customs a true report of the name and tonnage of such vessel, the number of her cres and the nature of her cargo, which being done, he shall give a permit for her dischar And the master, supercargo, or consignee, if he proceed to discharge the cargo withou: such permit, shall incur a fine of five hundred dollars, and the goods so discharge. without permit shall be subject to forfeiture to the Chinese government. But if a master of any vessel in port, desire to discharge a part only of the cargo, it shall t lawrul for him to do so, paying duty on such part only, and to proceed with the re mainder to any other ports. Or if the master so desire, he may, within forty-eight bours after the arrival of the vessel, but not later, decide to depart without breaking bulk; in which case he shall not be subject to pay tonnage, or other duties or charges. antil, on his arrival at another port, he shall proceed to discharge, when he shall pay

'he duties on vessel and cargo, according to law. And the tonnage duties shall held due after the expiration of the said forty-eight hours. In case of the absence of The Consul or person charged with his functions, the captain or supercargo of the vesse! nay bave recourse to the Consul of a friendly power; or, if he please, directly to the Superintendent of Customs, who shall do all that is required to conduct the ship's

Lasiness.

Art. XX.-The Superintendent of Customs, in order to the collection of the proper duties shall, on application made to him through the consul, appoint suitable officers, who shall proceed, in the presence of the captain, supercargo, or consignee, to make a just and fair examination of all goods in the act of being discharged for importation, or laden for exportation on board any merchant vessel of the United States. And if disputes cccur in regard to the value of goods subject to ad valorem duty, or in regard to the amount of tare, and the same cannot be satisfactorily arranged by the parties, the question may, within twenty-four hours, and not afterwards, be referred to the sail Consul to adjust with the Superintendent of Customs.

Art. XXI.--Citizens of the United States who may have imported merchandise ato any of the free ports of China, and paid the duty thereon, if they desire to re- sport the same in part or in whole to any other of the said ports, shall be entitled to make application, through their Consul, to the Superintendent of Customs, who, in order to prevent fraud on the revenue, shall cause examination to be made, by suitable <fficers, to see that the duties paid on such goods as are entered on the Custom House books correspond with the representation made, and that the goods remain with their original marks unchanged, and shall then make a memorandum in the 1ort-clearance of the goods and the amount of duties paid on the same, and deliver the same to the merchant, and shall also certify the fact to the officers of Customis at the other ports; all which being done, on the arrival in port of the vessel in which the goods are laden, and everything being found, on examination there, to correspond, she shall be permitted to break bulk, and land the said goods, with cut being subject to the payment of any additional duty thereon. But if, on such examination, the Superintendent of Customs shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture. Foreign grain or rice brought into any port of China in a ship of the United States, and not landed, may be re-et- ported without hindrance.

Art. XXII.—The tonnage duty on vessels of the United States shall be paid on their being admitted to entry. Duties of import shall be paid on the discharge of the When all such duties shall

goods, and duties of export on the lading of the same. port-clearance,

have been paid, and not before, the Collector of Customs

shall give a Duties shall be paid and

received, either in sycee silver or in foreign money, at the rate of the

and the Consul shall return the ship's papers. The duties shall be paid to the shroffs

authorized by the Chinese government to receive the same.

day. If the

TREATY BETWEEN THE UNITED STATES AND CHINA.

167

12-ul permits a ship to leave the port before the duties and tonnage dues are paid,

shall be held responsible therefor.

Art. XXIII-When goods on board any merchant vessel of the United States in require to be transhipped to another vessel,application shall be made to the Consul, shall certify what is the occasion therefor to the Superintendent of Customs, who ay appoint officers to examine into the facts and permit the transhipment. And if any s be transhipped without written permits, they shall be subject to be forfeited to Chinese government.

Art. XXIV.—Where there are debts due by subjects of China to citizens of the United States, the latter may seek redress in law; and on suitable representation being made to the local authorities, through the Consul, they will cause due examination in the premises, and take proper steps to compel satisfaction. And if citizens of the United States be indebted to subjects of China, the latter may seek redress by repre ntation through the Consul, or by suit in the Consular Court; but neither govern-

ment will hold itself responsible for such debts. Art. XXV.-It shall be lawful for the officers or citizens of the United States to mploy scholars and people of any part of China, without distinction of persons, to each any of the languages of the Empire, and to assist in literary labours, and the persons so employed shall not for that cause be subject to any injury on the part either of the government or of individuals; and it shall in like manner be lawful for

izens of the United States to purchase all manner of books in China.

Art. XXVI.—Relations of peace and amity between the United States and China teing established by this treaty, and the vessels of the United States being admitted to trade freely to and from the ports of China open to foreign commerce; it is further greed that, in case at any time hereafter China should be at war with any foreign nation whatever, and should for that cause exclude such nation from entering her forts, the vessels of the United States shall not the less continue to pursue their commerce in freedom and security, and to transport goods to and from the ports of the belligerent powers, full respect being paid to the neutrality of the flag of the United States, provided that the said flag shall not protect vessels engaged in the transportation of officers or soldiers in the enemy's ships, with their cargoes, to enter eny of the ports of China: but all such vessels so offending shall be subject to forfei- ture and confiscation to the Chinese government. Art. XXVII.—All questions in regard the rights, whether of property or person, arising between citizens of the United States in China, shall be subject to the jurisdic- Lou and regulated by the authorities of their own government; and all controversies ccurring in China between citizens of the United States and the subject of any other

government shall be regulated by the treaties existing between the United States and

ach governments respectively, without interference on the part of China. Art. XXVIII.-If citizens of the United States have special occasion to address Ey communication to the Chinese local officers of Government, they shall submit the Fame to their Consul or other officer, to determine if the language be proper and spectful, and the matter just and right, in which event he shall transmit the same to the appropriate authorities for their consideration and action in the premises. If bjects of China have occasion to address the Consul of the United States they may dress him directly, at the same time they inform their own officers, representing the ase for bis consideration and action in the premises; and if controversies arise between citizens of the United States and subjects of China, which cannot be amicably and decided conformably to justice and

the same shall be examined

acting

The

ettled otherwise,

the

equity by the of legal

public

fees

officers is expressly

Court

order

Art.

XXIX.

testant

and

Roman

Catholic

of the two prohibited.

interpret, lest Churches,

nations,

Any

in conjunction. peaceable persons are allowed to enter

extortion

injustice

done.

are

recognized as teaching men to do good,

The principles of the Christian Religion, as professed by the Pro-

and to do to others as they would have others do to them. Hereafter those who quietly profess and teach these Doctrines shall not be harrassed or persecuted on

account

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TREATY BETWEEN THE UNITED STATES AND CHINA convert, who, according to these tenets, peaceably teach and practice the princi Christianity, shall in no case be interfered with or molested.

Art. XXX-The contracting parties hereby agree that should at any time t Ta-Tsing Empire grant to any nation, or the merchants or citizens of any nation, an

right,

privilege, or favour, connected either with navigation, commerce, political o other intercourse, which is not conferred by this Treaty, such right, privilege, and favour, shall at once freely enure to the benefit of the United States, its public off merchants, and citizens.

The present Treaty of peace, amity, and commerce shall be ratified by t President of the United States, by and with the advice and consent of the Senat within one year, or sooner, if possible, and by the August Sovereign of the Ta-Ist Empire forthwith: and the ratification shall be exchanged within one year from ta date of the signatures thereof.

In faith whereof, we, the respective pleuipotentiaries of the United States of

America aud of the Ta-Tsing Empire, as aforesaid, have signed and sealed the presents.

Done at Tientsin, this eighteenth day of June in the year of our Lord thousand eight hundred and fifty-eight, and the Independence of the United States of America the eighty-secoud, and in the eight year of Hien Fung, fifth moon, and eighti day.

[L.B.]

L.S.

WILLIAM B. REED KWELIANG.

HWASHANA.

THE ADDITIONAL TREATY BETWEEN THE UNITED STATES AND CHINA.

Ratified 23rd November, 1869.

The additional articles to the treaty between the United States of America and

the Ta-Tsing Empire of the 18th June, 1858, are :--

Whereas since the conclusion of the treaty between the United States of America and the Ta-Tsing Empire (China) of the 18th of June, 1858, circumstances have arisen showing the necessity of additional articles thereto, the President of the United States and the august Sovereign of the Ta-Tsing Empire having named for their plenipotentiaries, to wit: the President of the United States of America, William H. Seward, Secretar of State, and His Majesty the Emperor of China, Anson Burlingame, accredited as his Envoy Extraordinary and Minister Plenipotentiary, and Chih-Kang and Sun Chia-Ku, of the second Chinese rank, associated High Envoys and Ministers of his said Majesty, and the said plenipotentiaries after having exchanged their full powers, found to be in due and proper form, have agreed upon the following articles :-

Art. I.-His Majesty the Emperor of China, being of the opinion that in making concessions to the citizens or subjects of foreign powers of the privilege of residing on certain tracts of laud, or resorting to certain waters of that Empire for purposes of trade, he has by no means relinquished his right of eminent domain or dominion over the said land and waters, hereby agrees that no such concession or grant shall be constructed to give to any power or party which may be at war with or hostile to the United States the right to attack the citizens of the United States or their pro- perty within the said lands or waters; and the United States, for themselves, bereby agree to abstain from offensively attacking the citizens or subjects of any power or party or their property with which they may be at war on any such tract of land or waters of the said Empire; but nothing in this article shall be constructed to prevent the United States from resisting an attack by any hostile power or party upon their citizens or their property. It is further agreed that if any right of interest in any tract of land in China has been or shall bereafter be granted by the Government of China to the United States or their citizens for purposes of trade or commerce, that grant shall in no event be construed to divest the Chinese authorities of their right of jurisdiction over persons and said property within said tract of land, except so far as that right may have been expressly relinquished by treaty.

Art. II.-The United States of America and His Majesty the Emperor of China, believing that the safety and prosperity of commerce will thereby best be promoted, agree that any privilege or immunity in respect to trade or navigation within the Chinese dominions which may not have been stipulated by treaty shall be subject to the discretion of the Chinese Government, and may be regulated by it accordingly, but not in a manner or spirit incompatible with the treaty stipulations of the parties.

Art. III.-The Emperor of China shall have the right to appoint Consuls at ports of the United States, who shall enjoy the same privileges and immunities as those which are enjoyed by public law and treaty in the United States by the Consuls of

Britain and Russia, or either of them.

Great

Art. IV. The 29th article of the treaty of the 18th of June, 1858, having stipu- lated for the exemption of Christian citizens of the United States and Chinese converts from persecution in China on account of their faith, it is further agreed that the citizens of the United States in China, of every religious persuasion, and Chinese

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00 sed

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00 ded10 aged

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10 aged

170

ADDITIONAL TREATY BETWEEN THE UNITED STATES AND CHINA. subjects in the United States shall enjoy entire liberty of conscience, and shall be cxempt from all faith or worsh

In either country. rationality shall be held in respect, and free from disturbance or profanation. Cemeteries for sepulture of the dead of whatever nativity or Art. V-The United States of America and the Empire of China cordially recog se the inherent and inalienable right of man to change his home and allegiance, and ...so the mutual advantage of the free migration and emigration of their citizens and :bjects respectively from the one country to the other, for the purposes of curiosity trade, or as permanent residents. The high contracting parties, therefore, join in probating any other than an entirely voluntary emigration for these purposes. They Consequently agree to pass laws making it a penal offence for a citizen of the Unite ates to take Chinese subjects either to the United States or to any other foreign intry, or for a Chinese subject to take the citizens of the United States to China or

> any other foreign country, without their free and voluntary consent respectively. Art. VI.--Citizens of the United States visiting or residing in China shall enjoy ́he same privileges, immunities, or exemptions in respect to travel or residence as ma here be enjoyed by the citizens or subjects of the most favoured nation, and, recipro lly, Chinese subjects visiting or residing in the United States shall enjoy the same rivileges, immunities, and exemptions in respect to travel or residence as may there

enjoyed by the citizens or subjects of the most favoured nation.

present

Art. VII.—The United States and the Empire of China, recognising in the progress of nations a favourable tendency towards unity of civilisation, and regarding a unity of money and a unity of weights and of measures as favourable to that great object, do hereby agree that they will use their influence and efforts to obtain the estab lishment, by the general agreement of nations, of representative coins having a common value, and also a common standard of weights and measures for all countries.

Art. VIII.-The United States freely agree that Chinese subjects shall without hindrance on account of their nationality or religion be admitted to all schools, colleges. and other public educational institutions, without being subject to any religious or political test; and, on the other hand, His Majesty the Emperor of China agres that citizens of the United States may freely establish and maintain schools in that empire in those places where foreigners are permitted by treaty to reside.

Art. IX.- The United States, always disclaiming and discouraging all practices of unnecessary dictation and intervention by cne nation in the affairs or domestic administration of the another, do hereby freely disclaim any intention or right te interfere in the domestic administration of China in regard to the construction of railroads, telegraphs, or other material internal improvements. On the other hand. His Majesty the Emperor of China reserves to himself the right to decide the time and manner and circumstances of introducing such improvements within his dominions. With this mutual understanding it is agreed by the contracting parties that if at any time hereafter his Imperial Majesty shall determine to construct or cause to be con structed works of the character mentioned within the empire, and shall make applica tion to the United States or any other Western Power for facilities to carry out that policy, the United States will, in that case, designate and authorise suital le engineers to be employed by the Chinese Government, and will recommend to other nations an equal compliance with such application, the Chinese Government, in that case, pro tecting such engineers in their persons and property, and paying them a reasonable

compensation for their service.

In faith whereof the respective plenipotentiaries have signed this treaty and

hereto affixed the seals of their arms.

Done at Washington, the 4th day of July, in the year of our Lord one thousand

eight hundred and sixty-eight

WILLIAM H. SEWARD. ANSON BURLINGAME. CHIH-KANG.

SUN CHIA-KU.

AN ACT OF THE AMERICAN CONGRESS RELATING TO TREATIES.

AN ACT to carry into effect certain Provisions in the Treaties between the United States, China, Japan, Siam, Persia, and other Countries, giving certain Judicial Powers to Ministers and Consuls, or other functionaries of the United States in those Countries, or for other purposes.

Published for their information by the Department of State, Washington, July 2, 1860.

NOTE.-Treaties were negotiated with China, July 3rd, 1844; and June 18th, 1958; and a

"'onvention, November 8th, 1858.

Treaties were negotiated with Japan, March 31st, 1854; and June 17th, 1857; and July

29th, 1858,

A Treaty was negotiated with Persia, December 13th, 1856.

Treaties were negotiated with Siam, March 20th, 1833; and May 29th, 1856.

the

provisions of the Siam. respectively,

to reside in each of

imposed upon them

Be it enacted by the Senate and House of Representatives of the United States of

America in Congress assembled, That to carry into full effect *reaties of the United States with the empires of China, Japan, and Ministers and Consuls of the United States, duly appointed countries, shall, in addition to other powers and duties

espectively, by the provisions

that the said

of such treaties respectively, be invested with the

judicial authority herein described, which shall appertain to the said office of Minister and Consul, and be a part of the duties belonging thereto, wherein the same is allowed by treaty. SEC. 2.—And be it further enacted, That in regard to Crimes and Misdemeanors the said public functionaries are hereby fully empowered to arraign and try, in the manner herein provided, all citizens of the United States charged with which shall be committed in such countries, respectively, and upon conviction, to

offences

against law,

entence such offenders in the manner herein authorized; and the said functionaries, and each of them, are hereby authorized to issue all such process as are suitable and

to carry this authority into execution.

cessary

SEC. 3.-And be it further enacted, That in regard to civil rights, whether of pro- perty or person, the said functionaries are hereby invested with all the judicial autho- necessary to execute the provisions of such treaties, respectively, and shall entertain

farisdiction in matters of contract at the

rity

port

where, or

nearest to which,

the contract

all other

matters

nearest

arose,

the

port

ained

United

States

was made, or at the port at which, or nearest to which, it was to be executed; and in at the port where, to which, the cause where, or nearest to which, the damage complained of

any such port above-named being always one of the ports at are represented by Consuls; which jurisdiction shall embrace all troversies between citizens of the United States, or others provided for by such treaties, respectively.

controversy

was

sus- which the

con-

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172

AN ACT OF CONGRESS RELATING TO TREATIES.

Sec. 4.--And be it further enacted, That such jurisdiction in criminal and cir matters shall, in all cases, be exercised and enforced in conformity with the laws of the United States, which are hereby, so far as is necessary to exerte such treaties, respectives extended over all citizens of the United States in the said countries, (and over all othe to the extent that the terms of the said treaties, respectively, justify or require), so far such laws are suitable to carry the said treaties into effect: but in all cases where suc laws are not adapted to the object, or are deficient in the provisions necessary to furnis suitable remedies, the common law, including equity and admiralty, shall be extended like manner over such citizens and others in the said countries; and if defects still remain to be supplied, and neither the common law, including equity and admiralty, nor th statutes of the United States, furnish appropriate and suitable remedies, the Minist in the said countries, respectively, shall, by decrees and regulations which shall hav

force law, supply such defects and deficiencies. Sec. 5.—And be it further enacted, That in order to organize and carry into effi the system of jurisprudence demanded by such treaties, respectively, the said Ministers with the advice of the several Consuls in each of the said countries, respectively, or many of them as can be conveniently assembled, shall prescribe the forms of all pro which shall be issued by any of the said Consuls; the mode of executing, and th time of returning the same: the manner in which trials shall be conducted, and how the records thereof shall be kept; the form of oaths for Christian witnesses, and the mode of examining all other witnesses; the costs which shall be allowed to the pre-

the

cesses

vailing party, and the fees which shall be paid for judicial services to defray necessar expenses; the manner in which all officers and agents to execute process, and to carr this Act into effect, shall be appointed and compensated; the form of bail-bonds, and the security which shall be required of the party who appeals from the decision of a Consul; and generally, without further enumeration, to make all such decrees and regulations from time to time, under the provision of this Act, as the exigency ma demand and all such regulations, decrees, and orders shall be plainly drawn up in writing, and submitted, as above provided, for the advice of the Consuls, or as many of them as can be consulted without prejudicial delay or inconvenience, who shall each signify his assent or dissent in writing, with his name subscribed thereto; and after taking such advice, and considering the same, the Minister in the said countries respectively, may nevertheless, by causing the decree, order, or regulation to be published with his signature thereto, and the opinions of his advisers inscribed thereon, make it to become binding and obligatory until annulled or modified by Congress; and it shall take effect from the publication, or any subsequent day thereto named in the Act. SEC. 6.—And be it further enacted, That all such regulations, orders, and decree. shall, as speedily as may be after publication, be transmitted by the said Ministers, with the opinions of their advisers, as drawn up by them severally, to the Secretary of State.

to be

laid before Congress for revision.

citizen

SEC. 7.-And be it further enacted, That each of the Consuls aforesaid, at the por for which he is appointed, shall be competent, under the authority herein contained, upon facts within his own knowledge, or which he has good reason to believe true, or upon complaint made, or information filed in writing and authenticated in such way as shall be prescribed by the Minister, to issue his warrant for the arrest of any of the United States charged with committing, in the country, an offence against law; and when arrested, to arraign and try any such offender; and upon conviction to sentence him to punishment in the manner herein prescribed; always meting out punishment in a manner proportioned of the offence; which punishment shall, in all cases, except as is herein otherwise provided, be either fine or imprisonment. SEC. 8.—And be it further enacted, That any Consul, when sitting alone for the trial of offences or misdemeanors, shall finally decide all cases where the fine imposed does not exceed one hundred dollars, or the term of imprisonment does not exceed six

days; and there shall be no appeal therefrom, except as provided in section eleven of this Act. But no fine imposed by a Consul for a contempt committed in the presents of the Court, or for failing to obey a summons from the same, shall exceed fifty dollars. nor shall the imprisonment exceed twenty-four hours for the same contempt.

AN ACT OF CONGRESS RELATING TO TREATIES.

1789

SEC. 9.--And be it further enacted, That when sitting alone, he may also decide all es in which the fine imposed does not exceed five hundred dollars, or the term of mprisonment does not exceed ninety days; but in all such cases, if the fine exceeds ne hundred dollars, or the terin of imprisonment for misdemeanor exceeds ninety days, the defendants (or any of them, if there be more than one) may take the case by appeal before the Minister of the United States, if allowed jurisdiction, either upon rrors of law or matters of fact, under such rules as may be prescribed by the Minister

or the prosecution of appeals in such cases.

SEC. 10.—And be it further enacted, That whenever in any case, the Consul shall

be of opinion that, by reason of the legal questions which may arise therein, assistance

useful to him, or whenever he shall be of opinion that a severer

those above specified will be required, he shall in either case,

will

punishment

han

summon one or more citizens of the United States, not exceeding four in number, taken by lot from a st of individuals which shall have been submitted previously to the Minister for his approval, but in capital cases not less than four, who shall be persons of good repute and competent to the duty, to sit with him in the trial, and who, after so sitting upon the trial, shall each enter upon the record his judgment and opinion, and sign the Sate. The Consul shall, however, give judgment in the case; but if his decision is posed by the opinion of one or more of his associates, the case without further Proceedings, together with the evidence and opinions, shall be referred to the Minister final adjudication, either by entering up, judgment therein, or remitting the same to the Consul, with instructions how to proceed therewith; but in all such cases, xcept capital offences, if the Consul and his associates concur in opinion, the deci

sion shall be final, except as is provided in section nine of this Act.

for his

SEC. 11. And be it further enacted, That Consuls aforesaid, and each of them, at

the port for which he is appointed, shall have jurisdiction as is herein provided, in all civil cases arising under such Treaties, respectively, wherein the damage demanded loes not exceed the sum of five hundred dollars; and if he see fit to decide the same without aid his decision thereon shall be final; but if in his judgment any case nvolves legal perplexities, and assistance will be useful, or if the damage demanded exceed five hundred dollars, in either such case it shall be his duty to summon to his ail, from a list of individuals which shall have been nominated for the purposes of this Act to the Minister and received his approval, not less than two nor more than

and

the

Consul

hree citizens of the United States if such are residing at the port, of good repute

competent to the duty, who shall with him hear any such case; and if and his associates concur in opinion, the judgment shall be final; but if the associates, or any of them, differ from the Consul, the opinions of all shall be noted on the record, and each shall subscribe his name to his assent to, or dissent from, the Consul, with such reasons therefor as he thinks proper to assign, and either party may there- pon appeal, under such regulations as may exist, to the Minister; but if no appeal

is lawfully claimed, the decision of the Consul shall be final and conclusive.

be made

for

character of

SEC. 12. And be it further enacted, That in all cases, criminal and civil, the evidence shall be taken down in writing in open Court, under such regulations as may

that purpose; and all objections to the competency or testimony shall be noted down, with the ruling in all such cases, and the evidence shall be part of the case.

SEC. 13.-And be it further enacted, That the Minister of the United States in the untry to which he is appointed shall, in addition to his power to make regulations and decrees as herein provided, be fully authorized to hear and decide all cases,

riminal

and

this

Act,

and

him;

and

civil, to issue hereby

which

may come before

him,

appeal,

under

all

fully

which

comes

with

processes necessary empowered to decide

it, or to hear the

execute

finally parties further,

the

any

case

the

if he

power conferred upon upon evidence

thinks justice

the provisions of

will be

promoted thereby; and he may also prescribe the rules upon which new trials may be granted, either by the Consuls or by himself, if asked for upon justifiable grounds. SEC. 14-And be it further enacted, That in all cases, except as is herein otherwise provided, the punishment of crime provided for by this Act shall be by fine or

70 sed

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171

AN ACT OF CONGRESS RELATING TO TREATIES.

imprisonment, or both, at the discretion of the subject to the regulations

functionary who decides the case, b

ing to the

herein contained, and such as hereafter however, be the duty of each and every functionary to allot punishment accor magnitude and aggravation of the offence; and all who refuse or negl

to comply with the sentence passed upon them shall stand committed until ther comply, or are discharged by order of the Consul, with the consent of the Minister

may

made. I

usages in its

Christian nations.

China, for nd also for the exercise of

the laws of Turkey, or its with the Franks or other foreig Sec. 22-And be it further euncted, That the word Minister, whan used in this

AN ACT OF CONGRESS RELATING TO TREATIES

17.,

officio invested with the powers herein conferred upon the Minister and Consuls in the purposes above expressed, so far as regards the punishment of crime. jurisdiction in civil cases wherein the same is permitted by

intercourse

Act, shall

the

prin

ipal

section of

invested of And if at any

by the

Vice-consu!

Minister, shall

the country.

SEC.

same,

15.—And be it further enacted, That murder and insurrection, or rebell against the government of either of the said countries, with intent to subvert t shall be capital offences, punishable with death; but no person shall be convicted

of either of said crimes, unless the Consul and his associates in the trial all conc in opinion, and the Minister also approves of the conviction; but it shall always lawful to convict one put upon trial for either of these crimes, of a lesser offence of a similar character if the evidence justifies it; and when so convicted, to punish as f other offences, by fine or imprisonment, or both.

SEC. 16.—And be it further envcted, That whenever any one shall be convicted either of the crimes punishable with death, as aforesaid, in either of the said countries, it shall be the duty of the Minister to issue his warrant for the execution of the cor vict, appointing the time, place, and manner; but if the said Minister shall be satisfie that the ends of public justice demand it, he may from time to time postpone suck execution, and if he finds mitigatory circumstances which may authorize it, may submit the case to the President of the United States for pardou.

SEC. 17.—And be it further enacted, That it shall be the duty of the Minister in each of the said countries to establish a tariff of fees for judicial services, which shal be paid by such parties and to such persons as said Minister shall direct; and the proceeds shall, as far as is necessary, be applied to defray the expenses incident to the execution of thfs Act; and regular accounts, both of receipts and expenditures, sbali be kept by the said Minister and Consuls, and transmitted annually to the Secretary

of State.

SEC. 18.-And be it further enacted, That in all criminal cases which are not of a heinous character, it shall be lawful for the parties aggrieved or concerned therein, with the assent of the Minister in the country or Consul, to adjust and settle the same among themselves, upon pecuniary or other considerations.

SEC. 19. And be it further enacted, That it shall be the duty also of the said Ministers and the Consuls to encourage the settlement of controversies of a civil character by mutual agreement, or to submit them to the decision of referees agreed upon by the parties, a majority of whom shall have power to decide the matter. And it shall be the duty of the Minister in each country to prepare a form of submission for such cases, to be signed by the parties and acknowledged before the Consul; and when parties have so agreed to refer, the referees may, after suitable notice of the time and place of meeting for the trial, proceed ex parte, in case either party refuse or neglects to appear; and, after hearing any case, may deliver their award, seale to the Consul, who, in Court, shall open the same; and if he accepts it, he shall endorse the fact, and judgment shall be rendered thereon, and execution issue in compliance with the terms thereof: Provided, however, That the parties may always

same before return thereof is made to the Consul.

settle the

SEC. 20-And be it further enacted, That the Ministers aforesaid and Consuls shall be fully authorized to call upon the local authorities to sustain and support them in the execution of the powers confided to them by said treaty, and on their part to de and perform whatever is necessary to carry the provisions of said treaties into full affect, so far as they are to be executed in the said countries, respectively.

SEC. 21.—And be it further enacted, That the provisions of this Act, so far as the same relate to crimes and offences committed by citizens of the United States, sha extend to Turkey, under the treaty with the Sublime Porte of May seventh, eighteer hundred and thirty, and shall be executed in the Ottoman dominions, in conformity with the provisions of said treaty and of this Act, by the Minister of the United Stat and the Consuls of the United States [appointed] to reside therein, who are hereby

understood to mean the person invested with, and exercising, diplomatic functions in each of the countries mentioned in the first

this Act. The word Consul shall be understood to mean any person United States with, and exercising the functions of Consul-general, eneral, Consul, or Vice-consul, in any of the countries herein named. time there be no Minister of the United States in either of the countries hereinbefore mentioned, the judicial duties which are imposed by this Act upon the devolve upon the Consul-general, or Consul residing at the capital of the country, who is hereby authorized and required to discharge the same. SEC. 23.-And be it further enacted, That all such officers shall be responsible for their conduct to the United States and to the laws thereof, not only as diplomatic or Consular functionaries, respectively, but as judicial officers, when they perform judicial luties, and shall be held liable for all negligencies and misconduct as public officers SEC. 24. And be it further enacted, That capital cases for murder, or insurrection against the government of either of the countries hereinbelore mentioned, by citizena of the United States, or for offences against the public peace, amounting to felony under the laws of the United States, may be tried before the Minister of the United States in the country where the offence is committed, if allowed jurisdiction, and it shall be competent for each of the said Ministers to issue all manner of writs, to pre- vent the citizens of the United States from enlisting in the military or naval service of either of the said countries, to make war upon any foreign power with whom the United States are at peace, or in the service of one portion of the people against any other portion of the same people; and he may carry out this power by a resort to suck force as may at the time be within his reach, belonging to the United States.

Sec. 25.—And be it further enacted, That the President be, and he is hereby, authorized to appoint Marshals for such of the consular courts in the said countries as he may think proper, not to exceed seven in number, namely, one in Japan, four in China, one in Siam, and one in Turkey, who shall each receive an annual salary of one thousand dollars per annum, in addition to the fees allowed by the regulations of the said Ministers, respectively, in the said countries: and it shall be the duty of the said Marshals, respectively, to execute all process issued by the Minister of the United States in the said countries, respectively, or by the Consul at the port at which they resile, and to make due return of the same to the officer by whom the same was issued, and to conform, in all respects, to the regulations prescribed by the said Ministers, respectively, in regard to their duties. And the said Marshals shall give bonds for the faithful performance of the duties of the office, before entering upon the same, which bond shall be in a penal sum, not to exceed ten thousand dollars, with two sareties to be approved by the Secretary of State of the United States; and the said bond shall be transmitted to the Secretary of the Treasury, and a certified copy thereof be lodged in the office of the Minister. And in case any person aggrieved by the misconduct of any of the said Marshals, should desire to bring suit upon any of the aid bonds, it shall be the duty of the Secretary of the Treasury, or the Minister having custody of a copy of the same, to furnish the person so applying with a certified copy thereof, upon which copy so furnished and certified, suit may be brought and pro- secuted with the same effect as could be done upon the original: Provided, that upon a plea of non est factum verified upon oath, or any other good cause shown, the Court, or the Cousul, or Minister trying the cause may require the original to be produced; and when so required, it shall be the duty of the Secretary of the Treasury to forward the original bond to the Court, or Consul, or Minister requiring the same; And provided further, that before a copy of any such bond shall be furnished for suit, it shall be the duty of the Secretary of the Treasury, or the Minister to whom the application is

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176

AN ACT OF CONGRESS RELATING TO TREATIES.

Processes

Laving charge of the copy, that there is probable cause of action against the Marstal Lade, to require primo jacie proof, to be judged of by the Secretary or the Minister waking the bond; And provided further, that all rules, orders, writs, and of every kind which are intended to operate or to be enforced against any of the sand Marshals, in any of the countries named in this Act, shall be directed to and excented by such person as may be appointed for that purpose by the Minister or Consuls issuing the same.

SEC.

26.—And be it further enveted, That the President be, and is hereby autho rised to allow in the adjustment of the accounts of each of the said Ministers or Consule *he actual expenses of the rent of suitable buildings to be used as prisons for America convicts in the said countries, not to exceed in any case the rate of six hundred dollars 2 year; and also the wages of the keepers of the same, and for the care of offenders. not to exceed in any case the sum of eight hundred dollars per annum; and provid that no more than one prison shall be hired in Jajan, four in China, one in Turkey and one in Siam, at such port or ports as the Minister, with the sanction of the Tr sident, may designate.

ters

SEC. 27.-And be it further enacted, That the jurisdiction of the respective Minis in the countries hereinbefore named, where the same is allowed by treaty, in

all matters of civil redress or of crimes, except in the cases mentioned in the twenty. fourth section, shall be appellate only, and he exercised wherever in the said countrie

they may be, respectively, except also in cases where a consular officer shall happen

to be interested either as party or witness, in which case original jurisdiction is vested

the

said Minister, respectively.

Sxc. 28.—And be it further enacted, That the provisions of this Act he, and the same are hereby, extended to Persia in respect to all suits and disputes which may arise between citizens of the United States therein; and the Minister and Consuls who may be appointed to reside in Persia are hereby invested, in relation to the said suits and disputes, with such powers as are by this Act conferred upon the Minister and Consuls in China. And all suits and disputes arising in Persia between Persian subjects and citizens of the United States, shall be carried before the Persian tribunal to which such matters are usually referred, at the place where a Consul or Agent of the United States may reside, and shall be discussed and decided according to equity, in presence of an employé of the Consul or Agent of the United States; and it shall be the duty of the Consular Officer to attend the trial in person, and see that justice is administered. And all suits and disputes occurring in Persia between the citizens United States and the subjects of other foreign powers, shall be tried and ad- judicated by the intermediations of their respective Ministers or Consuls, in accordance with such regulations as shall be mutually agreed upon by the Minister of the United States for the time being, and the Ministers of such foreign powers, respectively. which regulations shall, from time to time, be submitted to the Secretary of State of the United States.

the

SEC. 29.—And be it further enacted, That the provisions of this Act, so far as the same are in conformity with the stipulations in the existing treaties between the United States and Tripoli, Tunis, Morocco, and Muscat, respectively, shall extend to those countries, and shall be executed in conformity with the provisions of the said treaties. and of the provisions of this Act, by the Consuls appointed by the United States to reside therein, who are hereby ex officio invested with the powers herein delegated to the Ministers and Consuls of the United States appointed to reside in the countries named in the first section of this Act, so far as the same can be exercised under the provisions of treaties between the United States and the several countries mentioned in this section, and in accordance with the usages of the said countries in their in-

with the Franks or other foreign Christian nations.

tercourse

SEC. 30.-And be it further enacted, That the Consuls and Commercial Agents of the United States at islands or in countries not inhabited by any civilized people or recognized by any treaty with the United States, be, and the same are hereby authorized to try, hear, and determine all cases in regard to civil rights, whether of person or property, where the real debt and damages do not exceed the sum

AN ACT OF CONGRESS RELATING TO TREATIES.

177

of one thousand dollars, exclusive of costs; and upon full hearing of the allega. tions and evidence of both parties, to give judgment according to the laws of the I'nited States, and according to the equity and right of the matter, in the same manner as justices of the peace are now authorized and empowered where the United States have exclusive jurisdiction. And the said Consuls and Commercial Agents, respectively, are hereby invested with the powers conferred by the provisions of the seventh and eighth sections of this Act for trial of offences or misdemeanors, SEC. 31.—And be it further enacted, That all marriages in the presence of any Consular officer in a foreign country, between persons who would be authorized to marry if residing in the district of Columbia, shall have the same force and effect, and shall be valid to all intents and purposes, as if the said marriage had been solemnized within the United States. And in all cases of marriage before any Consular officer,

I said Consular officer shall give to each of the parties a certificate of such marriage, and shall also send a certificate thereof to the Department of State, there to be kept which certificate shall specify the names of the parties, their ages, places of birth, and resilence.

Sec. 32.—And be it further enacted, That all acts and parts of acts inconsistent

with the provisious of this Act shall be, and the same are hereby, repealed. SEC. 33.-And be it further enacted, That this Act shall take effect on the first day

of July, eighteen hundred and sixty.

Approved June 22nd, 1861.

For add

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For add

cox sed

TREATY OF PEACE, FRIENDSHIP, AND COMMERCE, BETWEEN HER MAJESTY AND THE TYCOON OF JAPAN

SIGNED IN THE ENGLISH, JAPANESE, AND DUTCH LANGUAGPS,

AT YEDO, AUgust 26, 1858.

Ratifications Exchanged at Vedo, July 11, 1859.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, His Majesty the Tycoon of Japan, being desirous to place the relations between ti two countries on a permanent and friendly footing, and to facilitate commercial inter between their respective subjects, and having for that purpose resolved to ent into a Treaty of Peace, Amity, and Commerce, have named as their Plenipotentiarie

course

that is to say :— Her Majesty the Queen of Great Britain and Ireland, The Right Honorable ta Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the

Ancient and Most Noble Order of the Thistle :-

Most

And His Majesty the Tycoon of Japan, Midzuo Tsikfogono Kami; Nagai Gemlan

Kami; Inouwye Sinano no Kami: Kori Oribeno Kami; Iwase Hijono Kami. „ Isuda Hauzabro.

Art. I.-There shall be perpetual peace and friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, her heirs and successors, and His Majesty the Tycoon of Japan, and between their respective dominions arl subjects.

Art. II.—Her Majesty the Queen of the United Kingdom of Great Britain ar Treland, may appoint a Diplomatic Agent to reside at the city of Yedo, and Cousuis er Consular Agents to reside at any or all the ports of Japan which are opened fr British commerce by this Treaty.

The Diplomatic Agent and Consul-General of Great Britain shall have the right

freely to any part of the Empire of Japan.

to travel

His Majesty the Tycoon of Japan may appoint a Diplomatic Agent to reside u

London, and Consul or Consular Agents at any or all the ports of Great Britain. The Diplomatic Agent and Consul-General of Japan shall have the right to travel

freely to any part of Great Britain.

Art.

TREATY BETWEEN GREAT BRITAIN AND JAPAN.

173

inellings and warehouses; but no fortification, or place of military strength, shall ba ted under pretence of building dwellings or warehouses; and to see that this Article is observed, the Japanese authorities shall have the right to inspect, from

ne to time, any buildings which are being erected, altered, or repaired.

The place which British subjects shall occupy for their buildings, and the harbor regulations, shall be arranged by the British Consul and the Japanese authorities of h place, and if they cannot agree, the matter shall be referred to and settled by The British Diplomatic Agent and the Japanese Government. No wall, fence, or gate 1shall be erected by the Japanese around the place where British subjects reside, or janything done which may prevent a free egress or ingress to the same.

British subjects shall be free to go where they please, within the following limits,

the opened ports of Japan.

At Kanagawa to the River Loge (which empties into the Bay of Yedo, Kawasaki,

jal Sinogowa) and ten ri in any direction.

At Hakodadi ten ri in any direction.

At Hiogo ten rẻ in any direction, that of Kioto excepted, which city shall not be proached nearer than ten ri. The crews of vessels resorting shall not cross the

River Engawa, which empties into the Bay between Hiogo and Osaca.

The distance shall be measured by land from the goyoso, or town hall of each of the foregoing ports, the ri being equal to four thousand two hundred and seventy-five earls English measure.

At Nagasaki, British subjects may go into any part of the Imperial domain in

as vicinity.

The boundaries of Nee-c-gata, or the place that may be substituted for it, shall

settled by the British Diplomatic Agent and the Government of Japan.

From the first day of January, one thousand eight hundred and sixty-two, British subjects shall be allowed to reside in the city of Yedo, and from the first day of January, one thousand eight hundred and sixty-three, in the city of Osaka, for the purposes of trade only. In each of these two cities a suitable place, within which they may hire houses, and the distance they may go, shall be arranged by the British Diplo

Agent and the Government of Japan. IV.-All questions in regard to rights, whether of property

matie

Art.

or person, rising between British subjects in the dominions of His Majesty the Tycoon of Japan,

shall be subject to the jurisdiction of the British authorities.

Art. V-Japanese subjects, who may be guilty of any criminal act towards British subjects, shall be arrested and punished by the Japanese authorities, according to the laws of Japan. British subjects who may commit any crime against Japanese subjects, or the jects or citizens of any other country, shall be tried and punished by the Consul or other public functionary authorized thereto, according to the laws to Great Britain.

Justice shall be equitably and impartially administered on both sides. Art. VI.-A British subject having reason to complain of a Japanese must pro-

feed to the Consulate and state his grievance.

The Consul will inquire into the merits of the case, and do his utmost to arrange

amicably. In like manner, if a Japanese have reason

to complain of a British sub.

Jeet, the

Consul

shall

less

friendly

shall be

range

them

manner. amicably,

British

Art.

VII.-Should

any

Japanese

subject

listen to his complaint, and endeavour to settle it in a disputes take place of such a nature that the Consul cannot ar- then he shall request the assistance of the Japanese

fail to discharge

debts

incurred to a

III. The ports and towns of Hakodadi, Kanagawa, and Nagasaki, opened to British subjects on the first of July, one thousand eight hundred and fift In addition to which, the following ports and towns shall be opened to them

at the dates hereinafter specified.

nine.

one thousand

Nee-e-gata, or, if Nee-e-gata be found to be unsuitable as a barbor, another cor

venient port on the west coast of Nipon, on the first day of January, eight hundred and

sixty.

Hiogo on the first day of January, one thousand eight hundred and sixty-thre shall have the right to lease ground, and purchase the buildings thereon, and may eri

In all the foregoing ports and towns British subjects may permanently reside. The

authorities,

that they may together examine into the merit of the case, and decide it equitably.

subject,

or should he fraudulently abscond, the Japanese authorities will do

Their utmost to bring him to justice, and to force recovery of the debts; and should and British subject fraudulently abscond or fail to discharge debts incurred by him to

Japanese in like manner, do their utmost to

bring him to justice, and to enforce recovery of the debts.

subject,

Neither the

the British authorities

will,

British nor Japanese Governments are to be held responsible for the

payment of any debts contracted by British or Japanese subjects.

o sed

so sed

so ded

908 aged

908 sed

90 bed

TREATY BETWEEN GREAT BRITAIN AND JAPAN,

Art. VIII.—The Japanese Government will place no restrictions whatever up**.

eployment, by British subjects, of Japanese, in any lawful

capacity.

Art. IX.-British subjects in Japan shall be allowed tree exercise of their religion.

ul for this purpose shall have the right to erect suitable places of worship. Art. X.-All foreign coin shall be current in Japan, and shall pass for its cons

Lending weight in Japanese coin of the same description.

British and Japanese subjects may freely nse foreign or Japanese coin, in making

Pyments to each other.

As some time will elapse before the Japanese will become acquainted with the value of foreign coin, the Japanese Government will, for the period of one year after the opening of each port, furnish British subjects with Japanese coin in exchange t theirs, equal weights being given, and no discount taken for recoinage,

Coins of all description (with the exception of Japanese copper coin), as well

foreign gold and silver uncoined, may be exported from Japan.

Art. XI-Supplies for the use of the British navy may be landed at Kanagawa Hakodadi, and Nagasaki, and stored in warehouses, in the custody of an officer of the British Government, without the payment of any duty: if any such supplies are soli in Japan, the purchasers shall pay the proper duty to the Japanese authorities.

Art. XII-If any British vessel be at any time wrecked or stranded on the coast of Japan, or be compelled to take refuge in any port within the dominions of the Tycoon of Japan, the Japanese authorities, on being apprised of the fact, shall imme diately render all the assistance in their power; the persons on board shall receive friendly treatment, aud be furnished, if necessary, with the means of conveyance to the nearest Consular station.

Art. XIII-Auy British merchant vessel arriving off one of the open ports of Japan shall be at liberty to hire a pilot to take her into port. In like manner, after she has discharged all legal dues and is ready to take her departure, she shall be allowed to hire a pilot to conduct her out of port.

Art. XIV.-At each of the ports open to trade British subjects shall be at full liberty to import from their own or any other ports, and sell there, and purchase therein, and export to their own or any other ports, all manner of merchandize not contraband, paying the duties thereon as laid down in the Tariff annexed to the present Treaty, and other charges whatsoever. With the exceptions of munitions of which shall only be sold to the Japanese Government and foreigners, they may freely buy from Japanese and sell to them any articles that either may have for sale. without the intervention of any Japanese officer in such purchase or sale, or in receiving payment for the same, and all classes of Japanese may purchase, sell, keep, or use an articles sold to them by British subjects.

war,

Art. XV.-If the Japanese Custom House officers are dissatisfied with the value placed on any goods by the owner, they may place a value thereon, and offer to take the goods at that valuation. If the owner refuses to accept the offer, he shall jer duty on such valuation. If the offer be accepted by the owner, the purchase money shall be paid to him without delay, and without any abatement or discount.

Art. XVI.-All goods imported into Japan by British subjects, and which have paid the duty fixed by this Treaty, may be transported by the Japanese into any pan of the Empire, without the payment of any tax, excise, or transit duty whatever. Art. XVII.-British merchants who may have imported merchandize into a open port in Japan, and paid duty thereon, shall be entitled, on obtaining from the Japanese Custom House authorities a certificate stating that such payment has been made, to re-export the same, and land it in any other of the open ports, without the payment of any additional duty whatever.

Art. XVIII.-The Japanese authorities at each port will adopt the means that

they may judge most proper for the prevention of fraud or smuggling. Art. XIX.-All penalties enforced, or confiscations made under this Treaty, shall belong to, and be appropriated by, the Government of His Majesty the Tycoon of Japan Treaty, shall be considered as forming part of the same, and shall be equally binding

Art. XX.--The Articles for the regulation of trade which are

appended to this

TREATY BETWEEN GREAT BRITAIN AND JAPAN.

181

on both the Contracting Parties to the Treaty, and on their subjects. The Diplomați- ent of Great Britain in Japan, in conjunction with such person or persons as may be appointed for that purpose by the Japanese Government, shall have power to make h rules as may be required to carry into full and complete effect the provisions of

this Treaty, and the provisions of the Articles regulating trade appended thereto. Art. XXI. This treaty being written in the English, Japanese, and Dutch languages, and all the versions having the same meaning and intention, the Dutch rsion shall be considered theoriginal; but it is understood that all official communica tions addressed by the Diplomatic and Consular Agents of Her Majesty the Queen of Great Britain to the Japanese authorities, shall henceforward be written in English In order however, to facilitate the transaction of business, they will, for a period of five wears from the signature of this Treaty, be accompanied by a Dutch or Japanese version. Art. XXIIIt is agreed that either of the High Contracting Parties to this Treaty, on giving one year's previous notice to the other, may demand a revision thereof nor after the first of July, one thousand eight hundred and seventy-two, with a view to the insertion therein of such amendments as experience shall prove to be desirable. Art. XXIII.-It is hereby expressly stipulated that the British Government and ts subjects will be allowed free and equal participation in all privileges, immunities, and advantages, that may have been or may be hereafter granted by His Majesty the Tycoon of Japan to the Government or subjects of any other nation.

Art. XXIV-The ratification of this Treaty, under the hand of Her Majesty the Queen of Great Britain and Ireland, and under the name and seal of His Majesty the Tycoon of Japan, respectively, shall be exchanged at Yedo, within a year from his day In token whereof, the respective Plenipotentiaries have signed and

of signature.

abul this Treaty. Done at Yedo, this twenty-sixth day of August, one thousand eight hundred and fifty-eight, corresponding to the Japanese date the eighteenth day of the seventh month of the fifth year of Ansei Tsusinon vemma.

ELGIN AND KINCARDINE. MIDZUO TSIKFOGONO KAMI. NAGAI GEMBANO KAMI.

INOUWYE SINANO NO KAMI.

KORI ORIBENO KAMI.

IWASE HIGONO KAMI.

ISUDA HAUZABRŮ.

90 sed

90€ aged

40 aged

40 sed

REGULATIONS UNDER WHICH BRITISH TRADE IS

TO BE CONDUCTED IN JAPAN.

t of duty.

all just

estused of.

Cargo

may be transhipped to

charges for storage, labour, and supervision,

portion of such cargo be sold, the regular vessel in the same harbor

REGULATIONS FOR BRITISH TRADE WITH JAPAN.

153

Vessels needing repairs may land their cargo for that purpose, without the pay-

All goods so landed shall remain in charge of

the Japanese authorities, shall be paid thereon. But duties shall be paid on the portion so

another

without

payinent

laty, but all transhipment shall be made under the supervision of Japanese officers, d after satisfactory proof has been given to the Custom House authorities of the

file nature of the transaction, and also under a permit to be granted for that

rose by such authorities.

The

importation of opium being

prohibited, any British

vessel

coming

Japan

r the purposes of trade, and having more than three catties' weight of opium on Loard, the surplus quantity may be seized and destroyed by the Japanese authorities,

and any persons smuggling, or attempting to smuggle opium, shall be liable to pay a

REGULATION I.-Within forty-eight hours (Sunday excepted) after the arrival of British ship in a Japanese port, the captain or commander shall exhibit to the Japanese Custom-house authorities the receipt of the British Consul, showing that he has deposited all the ship's papers, the ship's bills of lading, &c., at the British Consulate, and he shall then make an entry of his ship, by giving a written paper, stating the name of the ship, and the name of the port from which she comes, her tonnage, the Lame of her captain or commander, the names of her passengers (if any), and the number of her crew, which paper shall be certified by the captain or commander to be a true statement, and shall be signed by him; he shall, at the same time, deposit a written manifest of his cargo, setting forth the marks and numbers of the packages, and their contents, as they are described in his bills of lading, with the names of the persons or person to whom they are consigned. A list of the stores of the ship shall be added to the manifest. The captain or commander shall certify the manifest tole a true account of all the cargo and stores on board the ship, and shall sign his name

to the same.

If any error is discovered in the manifest, it may be corrected within twenty-four hours (Sunday excepted) without the payment of any fees, but for any alteration or post entry to the manifest made after that time, a fee of fifteen dollars shall be paid

All goods not entered on the manifest shall pay double duties on being landed. Any captain or commander that shall neglect to enter his vessel at the Japanese Custom-house within the time prescribed by this regulation, shall pay a penalty of

sixty dollars for each day that he shall so neglect to enter his ship. REGULATION II.—The Japanese Government shall have the right to place Custom house officers on board of any ship in their ports (men-of-war excepted). All Custom-house officers shall be treated with civility, and such reasonable accommodation shall be allotted to them as the ship affords.

No goods shall be unladen from any ship between the hours of sunset and sunrise, except by special permission of the Custom-house authorities, and the hatchway, and all other places of entrance into that part of the ship where the cargo is stowed, mar be secured by Japanese officers between the hours of sunset and sunrise, by fixing seals, locks, or other fastening; and if any person shall, without due permission open any entrance that has been affixed by the Japanese Custom-house officers, every person

so offending shall pay a fine of sixty dollars for each offence.

and confiscation.

Any goods that shall be discharged from any ship, without having been dur entered at the Japanese Custom-house as hereinafter provided, shall be liable to seizure Packages of goods made up with an intent to defraud the revenue of Japan, by con cealing therein articles of value which are not set forth in the invoice, shall be forfeited. non-opened harbors of Japan, all such goods shall be forfeited to the Japanese Govern If any British ship shall smuggle, or attempt to smuggle goods, at any of the

ment, and the ship shall pay a fine of one thousand dollars for each offence.

em,

e of fifteen dollars for each catty of opium so smuggled or attempted to be smuggled. REGULATION III.-The owner or consignee of any goods who desires to land

shall make an entry of the same at the Japanese Custom House. The hall be in writing, and shall set forth the name of the person making the entry, and he name of the ship in which the goods were imported, and the marks, numbers, jackages, and the contents thereof, with the value of each package, extended separately one amount, and at the bottom of the entry shall be placed the aggregate value of all the goods contained in the entry. On each entry, the owner or consignee shall rtify in writing that the entry then presented exhibits the actual cost of the goods,

entry

the

and that nothing has been concealed whereby the Customs of Japan would be defrauded,

nd owner or consignee shall sign his name to such certificate. The original invoice or invoices of the goods so entered shall be presented to the istom House authorities, and shall remain in their possession until they have amined the goods contained in the entry.

The Japanese officers may examine any or all the packages so entered, and for purpose may take them to the Custom House; but such be without expense to the importer or injury to the goods; and, after examination, the Japanese shall store the goods to their original condition in the packages (so far as may be prac-

*icable), and such examination shall be made without any unreasonable delay.

Custom

House

If any owner or importer discovers that his goods have been damaged on Le voyage of importation before such goods have been delivered to him, he may notify the Custom House authorities of such damage, and he may have the damaged oods appraised by two or more competent and disinterested persons, who after the due examination, shall make a certification, setting forth the amount per cent. of amage on each separate package, describing it by its mark and number, which rtificate shall be signed by the appraisers, in presence of the Custom House authorities, and the importer may attach the certificate to his entry, and make a corresponding deduction from it. But this shall not prevent the thorities from appraising the goods in the manner provided in Article XV. of the

Treaty, to which these Regulations are appended. After the duties have been paid, the owner shall receive a permit, authorising the de- Very to him of the goods, whether the same are at the Custom House or on ship-board. All goods intended to be exported shall be entered at the Japanese Custom House before they are placed on ship-board. The entry shall be in writing, and shall ale the name of the ship by which the goods are to be exported, with the mark and amber of the packages, and the quantity, description, and value of their contents. The exporter shall certify, in writing, that the entry is a true account of all goods ontained therein, and shall sign his name thereto.

Any goods that are put on board of a ship for exportation before they have been tered at the Custom House, and all packages which contain prohibited articles,

shall be forfeited to the Japanese Government.

No entry at the Custom House shall be required for supplies for the use of the

ipe, their crews, and passengers, nor for the clothing, &c., of passengers.

40 aged

400 ased

40 aged

800 sed

808 sed

REGULATIONS FOR BRITISH TRADE WITH JAPAN.

REGULATION IV.—Ships wishing to clear shall give twenty-four hours' notes ¿ the Custom House, and at the end of that time they shall be entitled to their clearanc but if it be refused, the Custom House authorities shall immediately infort the captain or consignee of the ship of the reason why the clearance is refused; and the

Shall also give the same notice to the British Consul,

British ships of war shall not be required to enter or clear at the Custom H

nor shall they be visited by Japanese Custom House or police officers.

Steamers conveying the mails from Great Britain may enter and clear on the sate day, and they shall not be required to make a manifest, except for such passenger and goods as are to be landed in Japan. But such steamers shall, in all cases, enter

and clear at the Custom House.

Whale ships touching for supplies, or ships in distress, shall not be required make a manifest of their cargo; but if they subsequently wish to trade, they sha then deposit a manifest, as required in Regulation Ï.

The word "ships" wherever it occurs in these Regulations, or in the Treaty t which they are attached, is to be held as meaning a ship, barque, brig, schooner, slinių.

or steamer.

REGULATION V.—Any persons signing a false declaration or certificate, with the atent to defraud the revenue of Japan, shall pay a fine of one hundred and twent;. five dollars for each offence.

REGULATION VI.- No tonnage duties shall be levied on British ships in ports of Japan, but the following fees shall be paid to the Japanese Custom House authorities. For the entry of a ship, fifteen dollars; for the clearance of a ship, seven dollars; for each permit, one dollar and a half; for each bill of health, one dollar and a half; for any other document, one dollar and a half.

* REGULATION VII.-Duties shall be paid to the Japanese Government, on all

goods landed in the country, according to the following Tariff.

Class 1.-All articles in this class shall be free of duty

Gold and Silver, coined or uncoined.

Wearing apparel. in actual use.

Household furniture and printed books, not intended for sale, but the property

of persons who come to reside in Japan.

ships.

Class 2.—A duty of five per cent, shall be paid on the following articles:-

All articles used for the purpose of building, rigging, repairing, or fitting out of

Whaling gear of all kinds.

Salted provisions of all kinds.

Bread and Breadstuffs.

Living animals of all kinds.

Coals.

Timber for building houses.

Rice.

Paddy.

Steam-machinery.

Zinc.

Lead.

Tin.

Raw Silk.

Class 3.-A duty of thirty-five per cent. shall be paid on all intoxicating liquors,

Cotton and Woollen Manufactured goods whether prepared by distillation, fermentation, or in any other manner.

Class 4.—All goods not included in any of the preceding classes shall pay a duty

of twenty per cent. All articles of Japanese production which are exported as cargo, shall pay a duty

of five per cent. with the exception of gold and silver coin, and copper in bars.

* This tariff is abrogated under the New convention.

REGULATIONS FOR BRITISH TRADE WITH JAPAN.

195

Rice and wheat, the produce of Japan, shall not be exported from Japan au cargo,

nt all British subjects resilent in Japan, and British ships for thoir crews and pas sugers, shall be furnished with sufficient supplies of the same.

Foreign grain, brought into any open port of Japan in a British ship, if no part

thereof has been lan lo 1, may be re-exported without hindrance.

The Japanese Government will sell, from time to time, at public auction, any

rplus quantity of copper that may be producol.

Five years after the opening of Kanagawa, the import and export duties shall be

cabject to revision, if either the British or Japanese Government desires to.

ELGIN AND KINCARDINE. MIDZUO TSIKFOGONO KAMI. NAGAI GEMBANO KAMI.

INOUWYE SINANO NO KAML

HORI ORIBENO KAMI. IWASE HIGONO KAMI. ISUDA HAUZABRO.

808 sed

80 d

60€ aged

60% əsrd

60% aged

CONVENTION BETWEEN GREAT BRITAIN, FRANCE, THE UNITED STATES OF AMERICA, AND HOLLAND

WITH JAPAN.

The Representatives of Great Britain, France, the United States of America, and Holland, having received from their respective Governments identical instructions to the modification of the Tariff of Import and Export duties contained in the Trade R lations annexed to the Treaties concluded by the aforesaid Powers with the Japa Government in 1858, which modification is provided for by the VIIth of those Fr

pulations:

to the

And the Japanese Government having given the said Representatives, during their visit to Osaka, in November, 1865, a written engagement to proceed immediately Revision of the Tariff in question, on the general basis of a luty of five per cent.

the value of all articles Imported or Exported; - And the Government of Japan being desirous of affording a fresh proof of their wish to promote trade and to cement the friendly relations which exist between thei Country and foreign nations;—

His Excellency Midzuno Idzuni no Kami, a member of the Gorojiu and a Minister of Foreign Affairs, has been furnished by the Government of Japan with the necessary powers to conclude with the Representatives of the above-named four Powers, that

to say:-

Great Britain,

Sir Harry S. Parkes, Knight Commander of the Most Honorable Order of the Bath. Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary in Japan.

Of France, Monsieur Leon Roches, Commander of the Imperial Order of the Legion of Honor,

Minister Plenipotentiary of His Majesty the Emperor of the French in Japan;

the United States of America,

A. L. C. Portman, Esquire, Chargé d'Affairs ad interim;

And of Holland, Monsieur Dirk de Graeff van Polsbrock, Knight of the Order of the Netherlands Lion, Political Agent and Consul-General of His Majesty the King of the Netherlands:

The following Convention comprising Twelve Articles.

Art. 1.- -The contracting Parties declare in the names of their respective Govern- ments that they accept, and they hereby do formally accept as binding upon the sub- jects of their respective Sovereigns, and the citizens of their respective countries, the

hereby established annexed to the present convention.

Tariff

This tariff is substituted not only for the original tariff attached to the Treaties concluded with the above-named four Powers, but also for the special Conventions and arrangements relative to the same Tariff, which have been entered into at differeu! dates up to this time between the Governments of Great Britain, France, and the United States on one side, and the Japanese Government on the other.

The New Tariff shall come into effect in the Port of Kanagawa (Yokohama), on the first day of July next, and in the ports of Nagasaki and Hakodadi on the first day

following month. attached to this convention being incorporated from the

of the

Art.

II.-The

Tariff

date of its signature in the Treaties concluded between Japan and the above-named four

Powers,

subject

revision on the

first

day

July, 1872.

Two years, however, after the signing of the present convention, any of the con- tracting parties, on giving six months' notice to the others, may claim a re-adjust

duties on Tea and Silk, on the basis of five per cent. on the average

ment

the

value

of these articles, during the three years last preceding. On the demand also of any of the contracting parties, the duty on timber may be changed from an ad valorem te a specific rate of six months after the signature of this convention.

•

187

NEW CONVENTION BETWEEN THE TREATY POWERS AND JAPAN. Art. III.-The permit fee hitherto levied under the VIth Regulation attached ...the above-named Treaties, is hereby abolished. Permits for the landing or shipment

cargo will be required as formerly, but will hereafter be issued free of charge. Art. IV.-On and from the first day of July next, at the Port of Kanagawa (Yokohama), and on and from the first day of October next, at the Ports of Nagasaki d Hakodadi, the Japanese Government will be prepared to warehouse imported goods on the application of the importer or owner, without payment of duty. The Tapanese Government will be responsible for the safe custody of the goods, so long as hey remain in their charge, and will adopt all the precautions necessary to render them insurable against fire. When the importer of the owner wishes to remove the goods from the warehouses, he must pay the duties fixed by the Tariff, but if he should wish to re-export them, he may do so without payment of duty. Storage charges will in either case be paid on delivery of the goods. The amount of these charges, together with the regulations necessary for the management of the said warehouses, will b established by the common consent of the Contracting Parties.

Art. V.-All articles of Japanese production may be conveyed from any place in Japan to any of the Ports open to foreign trade, free of any tax or transit duty, other han the usual tolls levied equally on all traffic for the maintenance of roads or

navigation.

Art. VI.-In conformity with those articles of the Treaties concluded between Japan and Foreign Powers which stipulate for the circulation of foreign coin at its orresponding weight in native coin of the same description, dollars have hitherto been received at the Japanese Custom House in payment of duties at their weight in Boos (commonly called Ichiboos), that is to say, at a rate of three hundred and eleven Boos per hundred dollars. The Japanese Government being, however, desirous to alter this practice, and to abstain from all interference in the exchange of native for foreign coin, and being also anxious to meet the wants both of native and foreign commerce by securing an adequate issue of native coin, have already determined to ularge the Japanese Mint, so as to admit of the Japanese Government exchanging nto native coin of the same intrinsic value, less only the cost of coinage, at the places amed for this purpose, all foreign coin, or bullion, in gold or silver, that may at any time be tendered to them by foreigners or Japanese. It being essential, however, to 'he execution of this measure, that the various Powers with whom Japan has concluded Treaties should first consent to modify the stipulations in those Treaties which relate to the currency, the Japanese Government will at once propose to those Powers the adoption of the necessary modification in the said stipulations, and on receiving their concurrence will be prepared from the first of January, 1868, to carry the above measure into effect.

The rates to be charged as the cost of coinage shall be determined hereafter by

the common consent of the Contracting Parties.

Art. VII.-In order to put a stop to certain abuses and inconveniences complained at the open Ports, relative to the transaction of business at the Custom House, the anding and shipping of cargoes and the hiring of boats, coolies, servants, &c., the Contracting Parties have agreed that the Governor at each open port shall at once enter into negotiations with the foreign Consuls with a view to the establishment, by mutual consent, of such regulations as shall effectually put an end to these abuses and inconveniences, and afford all possible facility and security both to the operations vi trale and to the transactions of individuals.

is hereby stipulated that

ather,

these regulations shall incl: le the

the landing places used by foreigners

order to protect merchandize from exposure to covering in at each port of one or more of

landing or shipping

for

cargo,

Art. VIII-Any Japanese subject shall be free to purchase either in the open Ports of Japan or abroad, every description of sailing or steam vessel intended to arry either passengers or cargo; but ships-of-war may only be obtained under the

thorization of the Japanese Government.

All foreign vessels purchased by Japanese subjects shall be registered as Japanese vessels on payment of a fixed duty of three Boos per ton for Steamers, and one Boo

60 sed

60€ aged

60 d

1 ed

1 sed

ole sed

Leased

158 NEW CONVENTION BETWEEN THE TREATY POWERS AND JAPAN.

per tou for sailing vessels. The tonnage of each vessel shall be proved by the Foreig Register of the ship, which shall be exhibited through the Consul of the party inte est on the demand of the Japanese authorities, and shall be certified by the Cons

as authentic.

Art. IX.--In conformity with the Treaties concluded between Japan and ti aforesaid Powers, and with the special arrangements made by the Envoys of th Japanese Government in their note to the British Government of the sixth of June 1862, and in their note to the French Government of the sixth of October of the sam year, all the restrictions on trade and intercourse between foreigners and Japane alluded to in the said notes, have been entirely removed, and proclamations to this effect have already been published by the Government of Japan.

The latter, however, do not hesitate to declare that Japanese merchants an traders of all classes are at liberty to trade directly, and without the interference of government officers, with foreign merchants, not only at the open ports of Japan, bu also in all Foreign countries on being authorized to leave their country in the manne provided for in Article X. of the present convention, without being subject to highe taxation by the Japanese Government thau that levied on the native trading clas of Japan in their ordinary transactions with each other.

And they further declare that all Daimios or persons in the employ of Dami are free to visit on the same condition, any foreign country, as well as all the oper Ports of Japan, and to trade there with foreigners as they please, without the inter ference of any Japanese officer, provided always, they submit to the existing Pol regulations and to the payment of the established duties.

Art. X.-All Japanese subjects may ship goods to or from any open Port i Japan, or to and from the Ports of any Foreign Power, either in vessels owned by Japanese or in the vessels of any nation having a Treaty with Japan. Furthermore, on being provided with Passports through the proper Department of the Governme in the manner specified in the Proclamation of the Japanese Government, dated the twenty-third day of May, 1866, all Japanese subjects may travel to any foreign count for purposes of study or trade. They may also accept employment in any capacit on board the vessels of any nation having a Treaty with Japan.

Japanese he employ of foreigners, may obtain Government Passports to g

abroad on applicon to the Governor of any open Port.

Art. XI-T Government of Japan will provide all the Ports open to Foreig trade with such 1hts, buoys, or beacons, as may be necessary to render secure the navigation of the approaches to the said Ports.

Art. XII.-The undersigned being of opinion that it is unnecessary that this Convention should be submitted to their respective Governments for Ratification. before it comes into operation, it will take effect on and from the first day of Jul

one

thousand eight hundred and sixty-six.

Each of the Contracting Parties having obtained the approval of his Governmen to this Convention shall make known the same to the others, and the communication in writing of this approval shall take the place of a formal exchange of Ratification In witness whereof the above-named Plenipotentiaries have signed the presen!

Convention, and have affixed thereto their seals.

Done at Yeddo, in the English, French, Dutch, and Japanese languages, this

twenty-fifth day of June, one thousand eight hundred and sixty-six.

[L.S.] HARRY S. PARKES,

Her Britannic Majesty's Envoy Entraordinary and Minister Plenipotentiary, in Japa.

[L.S,]

LEON ROCHES,

Ministre Plenipotentiare de S. M. L'Empereur des Francais, au Japo»

[L.S.] A. L. C. PORTMAN,

Charge d'Affairs a. i. of the United States, in Japor

[L.S.] D. DE GRAEFF VAN POLSBROEK, Politiek Agent en Consul General der Nederlanden, in Japa

[L.S.]

MIDZUNO IDZUMI NO KAMI.

No.

1 Alum

2 Betel Nut

3 Brass Buttons

4 Candles

...

JAPAN. TARIFF UNDER NEW CONVENTION.

IMPORT TARIFF.

CLASS I-SPECIFIC

ARTICLE.

5 Canvas and Cotton Duck

5 Cigars

7 Cloves and Mother Cloves...

ș Cochineal...

9 Cordago

10 Cotton, Raw

...

COTTON MANUFACTURES

11 Shirtings, Grey, White, and Twilled, White,

Spotted or Figured, Drills and Jeans, White Brocades, T-Cloths, Cambrics,| Muslins, Lawns, Dimities, Quilting. Cot- tonets; All the above Goods Dyed, Print- ed Cottons, Chintzes and Furnitures;-

A. not exceeding 34 inches wide.

exceeding 46

12 Tattachelass, not exceeding 31 in..

exceeding 31 in. and not ex- ceeding 43 inches

13 Fustians, as Cotton Velvets, Velveteens, Satins, Sattinets and Cotton Damask,

not exceeding 40

inches

14 Ginghams, not exceeding 31 inches

not exceeding 43

15 Handkerchiefs.

16 Singlets and Drawers

17 Table Cloths

DUTIES.

PER.

Boos.

CENTS.

100 catties.

}}

Gross.

100 catties.)

10 yards.

catty.

[100 cattics.

25 25

10 yards.

dozen.

each.

18 Cotton Thread, plain or dyed, in reel or ball, 100 catties. 19 Cotton Yarn, plain or dyed

20 Cutch

21 Feathers (Kingfisher, Peacock, &c.,)

22 Flints

23 Gambier

24 Gamboge

25 Glass, Window

26 Glue...

...

27 Gum Benjamin and Oil of Do.,..

100

100 catties.

100 in No.

100 catties.

box of 100

square feet.

100 catties.

Gypsum

Dragons' Blood, Myrrh, Olibanum

...

Hides, Buffalo and Cow..

...

Horns, Buffalo and Deer ...

OOOOOO75

WOOTO

❤

ON-OIN

احف

70017

111

88ačuvaćé

ROPER 3 88***

189

ole sed

I sed

Headed

190

I d

JAPAN, TARIFF UNDER NEW CONVENTION. IMPORT TARIFF.

ASAPR

285888÷ &

JAPAN, TARIFF UNDER NEW CONVENTION. IMPORT TARIFF.

WOOLLEN MANUFACTURES.

76 Broad, Habit, Medium, and Narrow Cloth,

not exceeding 34 inches

not exceeding 55 inches exceeding

77 Spanish Stripes

78 Cassimeres, Flannel, Long Ells and Serges,

79 Bunting

C'amlets, Duteli

English

...

Lastings, Crape Lastings, and Worsted C'rapes, Merinos, and all other Woollen

Goods not classed under No. 76.

not exceeding 34 inches

exceeding 34

3 Woollen and Cotton Mixtures, as Imitation Camlets, Imitation Lastings, Orleans, (plain and figured), Lustres, (plain and figured) Alpacas, Baratheas, Damasks, Italian Cloth, Taffachelass, Tassell Cords, Cassandras, Woollen Fancies, Camlet Cords, and all other Cotton and Woollen Mixtures:-

not exceeding 34 inches

exceeding 34

Blankets and Horse Cloths

85 Travelling Rugs, Plaids and Shawls

86 Figured Woollen Table Cloths

87 Woollen Singlets and Drawers.

×9 Woollen Yarn, plain and dyed.

8 Woollen and Cotton Singlets aud Drawers,

PER.

Boos.

CENTS

10 yards.

10 catties.

each.

[100 catties.

2482K832

dozen.

ARTICLE.

No. 32 Horns, Rhinoceros 33 Hoofs 34 Indigo, liquid

dry

...

36 Ivory-Elephants' Teeth, all qualities... Paint-as Red, White and Yellow Lead (Minium, Ceruse and Massicot)—and, Paint Oils

38 Leather

Linen, all qualities...

40 Mangrove bark

Matting, floor.

...

METALS.

...

PER.

Bus.

CENTS

100

catties.

رادة

ر)

}

10 yards. 100

catties.

roll of 40 yds

100 catties.

...

42 Copper and Brass in Slabs, Sheets, Rods,

Nails

...

Yellow Metal, Muntz's Metal Sheathing and '

Nails...

...

Iron, Manufactured. as in Rods, Bars, Nails,

1934333KN S

Lead, Pigs

Sheet

་་

Spelter and Ziuc...

Steel...

52 Tin

Tin Plates

54 Oil Cloth for flooring...

Pigs

Kentledge

Wire

...

or Leather Cloth for Furniture

56 Pepper, Black and White

57 Putchuk

58 Quicksilver

59 Quinine

60 Rattans

box of not ex-

công.90 cat.

10 yards. 100 catties.

catty.

100 catties.

Rhubarb

Salt Fish

Sandal Wood

64 Sapan Wood

65 Sea Horse Teeth

66 Narwhal or "Unicorn " Teeth

67 Sharks' Skins

68 Snuff

69 Soap, Bar

Stick Lac

71 Sugar, Brown and Black

White

Candy and Leaf.

74 Tobacco

75 Vermillion

catty.

100 pieces.

catty.

100 catties.

=>HNOHOHOHON-KOOHOO-HO

4338848KK9A8AROKGE883

Salt.

*** [100 catties.

Tar and Pitch.

Headed

CLASS II-DUTY FREE GOODS.

All Animals used for food or draught.

Anchors and Chain Cables.

Coal.

Clothing, not being articles named in this Tariff.

Gold and Silver, coined and uncoined.

Grain, including Rice, Paddy, Wheat, Barley, Oats, Rye, Peas, Beans, Millət,

Indian Corn.

Flour and Meal prepared from above.

Oil Cake.

Packing Matting.

Printed Books.

Salted Meats in Casks.

Saltpetre.

Solder.

191

Headed

The aged

Teased

192

Teased

JAPAN, TARIFF UNDER NEW CONVENTION.

IMPORT TARIFF.

Tea-firing Pens and Baskets.

JAPAN, TARIFF UNDER NEW CONVENTION. EXPORT TARIFF.

CLASS I-SPECIFIC DUTIES.

Tea Lead.

Travelling Baggage.

Opium.

CLASS HI-PROHIBITED GOODS.

CLASS IV.––GOODS SUBJECT TO AN AD VALOREM DUTY OF FIVE

PER CENT. ÖN ORIGINAL VALUE.

Arms and munitions of war.

Articles de Paris.

Boots and Shoes.

Clocks, Watches, and Musical Boxes.

Coral.

Cutlery.

Drugs and Medicines, such as Ginseng, &c.

Dyes.

European Porcelain and Earthenware,

Furniture of all kinds, new and second-hand.

Glass and Crystal Ware.

Gold and Silver lace and thread.

Gums and Spices not named in Tariff

Lamps.

Looking Glasses.

Jewellery.

Machinery and Manufactures in Iron or Steel. Manufactures of all kinds it.

Silk, Silk and Cotton, or Silk and Wool, as Velvets, Damasks, Brocades, &c.

Paintings and Engravings.

Perfumery, Scented Soap.

Plated

Ware.

Skins and Furs.

Telescopes and Scientific Instruments.

Timber.

Wines, Malt and Spirituous Liquors, Table Stores of all kinds.

AND ALL OTHER UNENUMERATED GOODS.

Nors. According to the VIIIth Article of the Convention of Yeddo, a duty will be charged on the sale

of Foreign Vessels to Japanese of 3 Boos per ton for Steamers, and 1 Boo per ton for Failing Vesecie.

No.

ARTICLE.

1 Awabi

do. Shells

3 Camphor

4 China Root (Bukrio)

5 Cassia

do. Buds

...

7 Coal

8 Cotton (Raw)

9 Coir

10 Fish, dried or Salted, Salmon and Cod

do. Cuttle

12 Galnuts

...

13 Chiuang or Ichio

14 Hemp

15 Honey

16 Horns, Deers', Old..

17 Irico or Beche de Mer

18 Iron, Japanese.....

19 Isinglass

20 Lead

21 Mushrooms, all qualities

22 Oil, Fish

23 do. Seed

do. Inferior

24 Paper, Writing

26 Peas, Beans, and Pulse of all kinds

27 Peony Bark (Botanpi)

Potatoes

29 Rags

***

30 Saké or Japanese Wines or Spirits

Seaweed, Uncut

do.

Cut

33 Seeds, Rape

do. Sesamum

Sharks' Fins

36 Shrimps and Prawns, Dried Salt

SILK.

37 Raw and Thrown 38 Tama or Dupioni

39 Noshi or Skin Silk

40 Floss Silk

41 Cocoons, Pierced

42 do.

Unpierced

43 Waste Silk and Waste Cocoons

44 Silk Worms Eggs

45 Soy

...

46 Sulphur

47 Tea

PER.

Boo8.

CENTS.

100 catties.

DAONOO-OONHOMONOSOISIO❤000000

888RORIRE*3848388618SA68801422884888

100 catties.|

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BELLEN

888888* OS

07/1/

Sheet.

100 catties.

0003

Teased

193

We add

We ded

El sed

El ed

194

No.

JAPAN, TARIFF UNDER NEW CONVENTION, EXPORT TARIFF.

ARTICLE.

48 Tea, quality known as "Ban cha exported from Nagasaki only)

PER.

Boos.

CENTS

(when

100 catties.

NR3388

49 Tobacco, Leaf

do, Cut or prepared

Vermicelli

52 Wax, Vegetable

do. Bees

CLASS II-DUTY FREE GOODS.

Gold and Silver, coined.

Gold, Silver, and Copper, uncoined, of Japane production, to be sold only by the Japanese Government at Public Auctio

CLASS III-PROHIBITED GOODS.

Rice, Paddy, Wheat and Barley.

Flour made from the above.

Saltpetre.

CLASS IV. GOODS SUBJECT TO AN AD VALOREM DUTY OF FIVE

PER CENT. TO BE CALCULATED ON THEIR MARKET VALUE.

Bamboo Ware.

Copper Utensils of all kinds.

Charcoal.

Ginseng and Enumerated Drugs.

Horns, Deer, Young or soft.

Mats and Matting.

Silk dresses, Manufactures or Embroideries. Timber.

AND ALL OTHER UNENUMERATED GOODS.

JAPAN, TARIFF UNDER NEW CONVENTION. EXPORT TARIFF.

RULE III

125

The catly mentioned in this Tariff is equal to one pound and a third English avoir- dupois weight. The yard is the English measure of three feet, the English foot being one eight of an inch larger than the Japanese Kaneshaku. The Boo is a Silver coin weighing not less than 134 grains Troy weight, and containing no less than nine parts of pure Silver, and not more than one of alloy. The cent is the one hundredth part of the Boo.

[L.S.]

HARRY S. PARKES.

Her Britannic Majesty's Envoy Extraordinary aud Minister Plenipotentiary, in Japan.

[L.S.]

LEON ROCHES,

Ministre Plenipotentiare de S. M. L'Empereur

[L.S.]

des Francais, au Japon.

A. L. C. PORTMAN,

Chargé d'Affaires a. i. of the United States,

in Japan.

[L.S.] D. DE GRAFF van POLSBROEK,

Politiek Agent en Consul General der Neder-

[L.S.]

landen, in Japan.

MIDZUDO IDZUMI NO KAMI.

RULES

RULE I.

Unenumerated Imports if mentioned in the Export list shall not pay Duty under that list, but shall be passed ad valorem; and the same rule shall apply to any unenumerated Export that may be named in the Import list.

RULE II.

Foreigners resident in Japan, and the crews or passengers of foreign ships, shal be allowed to purchase such supplies of the grain or flour named in the list of Exports as they may require for their own consumption, but the usu shipping permit must be obtained from the Custom House before any of the

aforesaid grain or flour can be shipped to a foreign vessel.

leased

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ᎭᏞᏋ ᎧᏋed

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TREATY BETWEEN THE UNITED STATES OF AMERICA

AND THE JAPANESE EMPIRE.

SIGNED AT YEDO, JULY 29TH, 1860. Ratified by the President of the United States, April 12th, 1860. Ratifications exchanged at Washington, May 22nd, 1860 Proclaimed by the President, May 23rd, 1860.

The President of the United States of America, and his Majesty the Tycoon of Japan, desiring to establish on firm and lasting foundations the relations of peace and friendship now happily existing between the two countries, and to secure the best interest of their respective citizens and subjects, by encouraging, facilitating and regula. ting their industry and trade, have resolved to conclude a treaty of amity and commerce for this purpose, and have therefore named as their plenipotentiaries, that is to say:- The President of the United States, his Excellency TowNSEND HARRIS, Consul- General of the United States of America for the Empire of Japan,-and his Majesty the Tycoon of Japan, their Excellencies INO-00-YE, Prince of Sinano, and IWASAY, Prince of Higo, who, after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon and concluded the following articles :

Art. I.-There shall henceforward be perpetual peace and friendship between the

United States of America and his Majesty the Tycoon of Japan and his successors. The President of the United States may appoint a diplomatic agent to reside at the city of Yedo, and consuls or consular agents to reside at any or all of the ports in Ja pan which are opened for American commerce by this treaty. The diplomatic agent and Consul-General of the United States, shall have the right to travel freely in any part of the empire of Japan, from the time they enter on the discharge of their official duties. The government of Japan may appoint a diplomatic agent to reside at Washington, and consuls or consular agents for any or all of the ports of the United States. The diplomatic agent and Consul-General of Japan may travel freely in any part of the

United

States from the time they arrive in the country.

Art. II.-The President of the United States, at the request of the Japanese government, will act as a friendly mediator in such matters of difference as may arise between the government of Japan and any European power. The ships of war of the United States shall render friendly aid and assistance to such Japanese vessels as the may meet on the high seas, so far as can be done without a breach of neutrality: and all American consuls, residing at ports visited by Japanese vessels, shall also give them such friendly aid as may be permitted by the laws of the respective countries in which

they reside.

Art. III.—In addition to the ports of Simoda and Hakodadi, the following ports and

towns shall be opened on the dates respectively appended to them, that is to say:

TREATY BETWEEN THE UNITED STATES AND JAPAN,

197

Kanagawa on the (4th of July, 1859), fourth day of July one thousand eight hundred and fifty-nine. Nagasaki on the (4th of July, 1859), fourth day of July one thousand right hundred and fifty-nine. Nee-e-gata ou the (1st January, 1860)), first day of January one thousand eight hundred and sixty. Hiogo on the (1st of January, 1863, ) first day of January one thousand eight hundred and sixty-three.

If Nee-e-gata is found to be unsuitable as a harbor, another port on the west coast of Nipon shall be selected by the two governments in lieu thereof. Six months after the opening of Kanagawa, the port of Simoda shall be closed as a place of residence and trade of American citizens. In all the foregoing ports and towns, American citizen, may permanently reside; they shall have the right to lease ground and purchase the buildings thereon, and may erect dwellings and warehouses. But no fortification or place of military strength shall be erected under pretence of building dwellings or warehouses; and to see that this article is observed, the Japanese authorities shall have the right to inspect, from time to time, any buildings which are being erected, altered, or repaired. The place which the Americans shall occupy for their buildings, and the harbor regula tions shall be arranged by the American Consul and the authorities of each place, and if they cannot agree, the matter shall be referred to and settled by the American diplomatic agent and the Japanese government. No wall, fence, or gate shall be erected by the Japanese around the place of residence of the Americans, or anything done which may prevent a free egress to the same and ingress. From the (1st of January, 1862), first day of January, one thousand eight hundred and sixty two, Americans sha!! be allowed to reside in the city of Yedo; and from the (1st of January, 1863), first day of January, one thousand eight hundred and sixty-three, in the city of Osaca, for the purposes of trade only. In each of these cities, a suitable place within which they may hire houses, and the distance they may go, shall be arranged by the America. diplomatic agent and the government of Japan. Americans may freely buy from Ja- panese and sell to them, any articles that either may have for sale, without the inter- vention of any Japanese officer in such purchase or sale, or in making or receiving payment for the same, and all classes of the Japanese may purchase, sell, keep or use, any articles sold to them by the Americans. The Japanese government will cause this clause to be made public in every part of empire, as soon as the ratifications of this Munitions of war shall only be sold to the Japanese

treaty shall be exchanged. government and

foreigners.

No rice or wheat shall be exported from Japau as cargo, but all Americans resident in Japan, and ships, for their crews and passengers, shall be furnished with sufficient supplies of the saine. The Japanese government will sell from time to time, at public anction, any surplus quantity of copper that may be produced. Americans, residing in Japan, shall have the right to employ Japanese as servants or in any other capacity. Art. IV.—Duties shall be paid to the government of Japan on all goods landed in the country, and on all articles of Japanese production that are exported as cargo. according to the tariff hereunto appended. If the Japanese Custom house officers are lissatisfied with the value placed on any goods by the owner, they may place a value

thereon, and offer to take the goods at that valuation. If the owner refuses to accept the offer, he shall pay duty on such valuation. If the offer be accepted by the owner, the purchase money shall be paid to him without delay, and without any abatement or

discount.

Supplies for the use of the United States navy may be landed at Kanagawa, Ha- kodadi, and Nagasaki, and stored and warehoused, in the custody of an officer of the American government, without the payment of any duty. But if any such supplies are sold in Japan, the purchaser shall pay the proper duty to the Japanese authorities. The importation of opium is prohibited, and any American vessel coming to Japan, for the purposes of trade, having more thau (3) three catties (four pounds avoirdupois) weight of opium on board, such surplus quantity shall be seized and destroyed by the Japanese authorities. All goods imported into Japan, paid the duty fixed by this treaty, may be transported by the Japanese into any part of the empire without the payment of any tax, excise, or transit

duty,

and which have whatever.

No higher duties shall be paid by Americans on goods imported into Japan than

ᎭI Ꭷôed

ᎭIᏋ Ꮛed

La sed

se d

198

TREATY BETWEEN THE UNITED STATES AND JAPAN.

are fixed by this treaty, nor shall any higher duties be paid by Americans than are levied on the same description of goods if imported in Japanese vessels, of any other

::ation.

Art.

V.-All

foreign

before

the

use

coin shall be current in Japan, and pass for its corresponding

weight of Japanese coin of the same description. Americans and Japanese may freely foreign or Japanese coin in making payment to each other. As some time will elapse Japanese will be acquainted with the value of foreign coin, the Japanese government, will, for the period of one year after the opening of each harbor, furnish Americans with Japanese coin in exchange for theirs, equal weights being given and no discount taken for recoinage. Coins of all descriptions (with the exception of Japau- ese copper coin) may be exported from Japan, and foreign gold and silver uncoined. Art. VI.-Americans committing offences against Japanese shall be tried in Ame rican consular courts, and when found guilty shall be punished according to American law. Japanese committing offences against Americans shall be tried by the Japanese authorities, and punished according to Japanese law. The consular courts shall be open to Japanese ereditors, to enable them to recover their just claims against Ame ican citizens, and the Japanese court shall in like manner be open to American

citizens for the recovery of their just claims against Japanese.

All claims for forfeitures or penalties for violations of this treaty, or of the articles regulating trade, which are appended hereunto, shall be sued for in the consular courts. and all recoveries shall be delivered to the Japanese authorities. Neither the Ame- rican nor Japanese governments are to be held responsible for the payment of any debts contracted by their respective citizens or subjects.

other

Art. VII.-In the opened harbors of Japan, Americans shall be free to where they please, within the following limits:-At Kanagawa, the river Logo (which empties into the bay of Yedo between Kawasaki and Sinagawa), and (10) ten ri in any direction. At Hakodadi, (10) ten ri in any direction. At Hiogo, (10) ten ri in any lirection, that of Kioto excepted, which city shall not be approached nearer than (10) ten ri. The crews of vessels resorting to Hiogo shall not cross the river Enagawa, which empties into the bay between Hiogo and Osaca. The distance shall be measured from the goyoso or town-hall of each of the foregoing harbors, the ri being equal to (4,275) four thousand two hundred and seventy-five yards, American measure. At Nagasaki, Americans may go into any part of the imperial domain in its vicinity. The boundaries of Nee-e-gata, or the place that may be substituted for it, shall be settled

y the American diplomatic agent and the government of Japan.

Americans who may have been convicted of felony, or twice convicted of misde meanors, shall not go more than (1) one Japanese ri inland, from the places of their respective residences, and all persons so convicted shall lose their right of permanent residence in Japan, and the Japanese authorities may require them to leave the country. reasonable time shall be allowed to all such persons to settle their affairs, and the American consular authority shall after an examination into the circumstances of each case, determine the time to be allowed, but such time shall not in any case exceed one year, to be calculated from the time the person shall be free to attend to his affairs.

Art. VIII.--Americans in Japan shall be allowed the free exercise of their religion, and for this purpose shall have the right to erect suitable places of worship. No injury shall be done to such buildings, nor any insult be offered to the religious worship of the Americans. American citizens shall not injure any Japanese temple or mia, or offer any insult or injury to Japanese religious ceremonies, or to the objects of the worship. The Americans and Japanese shall not do anything that may be calculated to excite religious animosity. The government of Japan has already abolished the

practice of trampling on religious emblems.

Art. IX.-When requested by the American Consul, the Japanese authorities wil cause the arrest of all deserters and fugitives from justice, receive in jail all persons held enable him to enforce the observance of the laws by the Americans, who are on land, and as prisoners by the Consul, and give to the Consul such assistance as may be required to to maintain order among the shipping. For all such services, and for the support of prisoners kept in confinement, the Consul shall in all cases pay a just compensation.

TREATY BETWEEN THE UNITED STATES AND JAPAN

199

Art. X.-The Japanese Government may purchase or construct in the United ates, ships of war, steamers, merchant ships, whale-ships, cannon, munitions of war and arms of all kinds, and any other things it may require. It shall have the right to ngage in the United States, scientific, naval, and military men, artisans of all kinds, and ariners, to enter into its service. All purchases made for the Government of Japan ay be exported from the United States, and all persons engaged for its service may freely depart from the United States. Provided, That no articles that are contraband 1 war shall be exported, nor any persons engaged to act in a naval or military capa- ty, while Japan shall be at war with any power in amity with the United States. Art. XI-The articles for the regulations of trade, which are appended to this Treaty, shall be considered as forming a part of the same, and shall be equally binding

both the Contracting Parties to the Treaty, and on their citizens and subjects. Art. XII.—Such of the provisions of the Treaty made by Commodore Perry, and gned at Kanagawa, on the 31st of March, 1854, as conflict with the provisions of this Treaty, are hereby revoked; and as all the provisions of a convention executed by the Consul-General of the United States and the Governor of Simoda, on the 17th of June, 1857, are incorporated in this Treaty, that convention is also revoked.

The person charged with the diplomatic relations of the United States in Japan, a conjunction with such person or persons as may be appointed for that purpose by The Japanese government, shall have power to make such rules and regulations as may be required to carry into full and complete effect the provisions of this Treaty, and the provisions of the articles regulating trade appended thereunto.

Art. XIII. After the (4th of July, 1872,) fourth day of July one thousand eight hundred and seventy-two, upon the desire of either the American or Japanese governments, and on one year's notice given by either party, this Treaty, and such portions of the Treaty of Kanagawa as remain unrevoked by this Treaty, together with the regulations of trade hereunto annexed, or those that may be hereafter introduced, shall be subject to revision, by commissioners appointed on both sides for this purpose, who will be empowered to decide on, and insert therein, such amend- ments as experience shall prove to be desirable.

Art. XIV. This Treaty shall go into effect on the (4th July, 1859,) fourth day of July in the year of our Lord one thousand eight hundred and fifty-nine, on or before which day the ratifications of the same shall be exchanged at the city of Washington; but if, from any unforeseen cause, the ratifications cannot be exchanged by that time, the Treaty shall still go into effect at the date above-mentioned.

The act of ratification on the part of the United States shall be verified by the ignature of the President of the United States, countersigned by the Secretary of State, and sealed with the seal of the United States. The act of ratification on the part of Japan, shall be verified by the name and seal of His Majesty the Tycoon, and by the seals and signatures of such of his high officers as he may direct.

This Treaty is executed in quadruplicate, each copy being written in the English, Japanese, and Dutch languages, all the versions having the same meaning and intention, but the Dutch version shall be considered as being the original.

In witness whereof, the above-named Plenipotentiaries have hereunto set their hands and seals, at the city of Yeddo, this twenty-ninth day of July, in the year of our Lord one thousand eight hundred and fifty-eight, and of the Independence of the United States of America the eighty-third, corresponding to the Japanese era the nineteenth day of the sixth month of the fifth year of Ansei Mma.

TOWNSEND HARRIS,

[L.S.]

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918 sed

918 aged

REGULATIONS UNDER WHICH AMERICAN TRADE IS TO BE CONDUCTED IN JAPAN.

REGULATION I.--Within (48) forty-eight hours (Sunday excepted) after the arrival of an American ship in a Japanese port, the captain or commander shall exhibit to the Japanese Custom House authorities the receipt of the American Consul, showing that he has deposited the ship's register and other papers, as required by the laws of the United States, at the American Consulate; and he shall then make an entry of his ship by giving a written paper, stating the name of the ship and the name of the port from which she comes, her tonnage, the name of her captain or commander, the names of her passengers (if any), and the number of her crew, which paper shall be verified by the captain or commander to be a true statement, and shall be signed by him; he shall at the same time deposit a written manifest of his cargo, setting forth the marks and numbers of the packages and their contents as they are described in his bills of lading, with the names of the person or persons to whom they are consigned. The captain or commanders shall certify the manifest to be a true account of all the cargo and stores on board the ship, and shall sign his name to the

same.

If any error is discovered in the manifest, it may be corrected within (24) twenty- four hours (Sunday excepted,) without the payment of any fee, but for any alteration or post entry to the manifest made after that time, a fee of ($15) fifteen dollars shali be paid. All goods not entered on the manifest, shall pay double duties on being landed. Any captain or commander that shall neglect to enter his vessel at the Japanese Custom House within the time prescribed by this regulation, shall pay a penalty of ($60) sixty dollars for each day that he shall so neglect to enter his ship.

REGULATION II. The Japanese Government shall have the right to place Custom House officers on board of any ship in their ports (men-of-war excepted.) All Custom House officers shall be treated with civility, and such reasonable accommoda tions shall be allotted to them as the ship affords. No goods shall be unladen from any ship between the hours of sunset and sunrise, except by special permission of the Custom House authorities, and the hatches, and all other places of entrance into that part of the ship where the cargo is stowed, may be secured by Japanese officers between the hours of sunset and sunrise, by affixing seals, locks, or other fastenings. and if any person shall, without due permission, open any entrance that has been so secured, or shall break or remove any seals, lock, or other fastening that has been affixed by the Japanese Custom House officers, every person so offending shall pay a fine of ($60) sixty dollars for each offence,

Any goods that shall be discharged or attempted to be discharged from any ship. without having been duly entered at the Japanese Custom House, as hereinafter provided, shall be liable to seizure and confiscation. Packages of goods made up with an intent to defraud the revenue of Japan, by concealing therein articles of value which are not set forth in the invoice, shall be forfeited. American ships that shall smuggle, or attempt to smuggle goods in any of the non-opened harbors of Japan, all such goods shall be forfeited to the Japanese Government, and the ship shall pay a fine of ($1,000) one thousand dollars for each offence.

REGULATIONS FOR TRADE WITH JAPAN.

201

ment of duty. All goods so landed shall remain in charge of the Japanese authorities, Vessels needing repairs, may land their cargo for that purpose without the pay- portion of suchcargo be sold, the regular duties shall be paid on the portion so disposed of. all just charges for labor, storage, and supervision shall be paid thereon. But if any Cargo may be transhipped to another vessel in the same harbour without the payment of duty; but all such transhipments shall be made under the supervision of Japanese officers, and after satisfactory proof has been given to the Custom House authorities on the bona fide nature of the transaction, and also under a permit to he granted for that purpose by such authorities.

The importation of opium being probibited, if any person or persons shall smuggie, or attempt to smuggle any opium, he or they shall pay a fine of ($15) fifteen dollars for each catty of opium so smuggled, or attempted to be smuggled; and if more than one person shall be engaged in the offence, they shall collectively be held responsible for the payment of the foregoing penalty.

REGULATION III-The owner or consignee of any goods, who desires to lani them, shall make an entry of the same in the Japanese Custom House. The entry shall be in writing and shall set forth the name of the person making the entry, and the name of the ship in which the goods were imported, and the marks, numbers, packages, and the contents thereof, with the value of each package extended separately in the one amount, and at the bottom of the entry shall be placed the aggregate value of all the goods contained in the entry. On each entry the owner or consignee shali certify in writing, that the entry then presented exhibits the actual cost of the goods, and that nothing has been concealed whereby the Customs of Japan would be defrauded, and the owner or consignee shall sign his name to such certificate.

The original invoice or invoices of the goods so entered shall be presented to the ustom House authorities, and shall remain in their possession until they have examined the goods contained in the entry. The Japanese officers may exainine any or all of the packages so entered, and for this purpose may take them to the Custom House, but such examination shall be without expense to the importer or injury to the goods, and after examination the Japanese shall restore the goods to their original edition in the packages (so far as may be practicable), and such examination shall be made without any unreasonable delay.

If any owner or importer discovers that his goods have been damaged on the voyage of importation, before such goods have been delivered to him, he may notify the Customs House authorities of such damage, and he may have the damaged goods appraised by two or more competent and disinterested persons, who, after the examina tion, shall make a certificate setting forth the amount per cent. of damage on each separate package, describing it by its marks and number, which certificate shall be signed by the appraisers in presence of the Custom House authorities, and the importer may attach the certificate to his entry, and make a corresponding deduction from it. But this shall not prevent the Custom House authorities from appraising the goods in the manner provided in article four of the treaty, to which these regulations are ap- pended.

After the duties have been paid, the owner shall receive a permit, authorizing the delivery to him of the goods, whether the same are at the Custom House or on ship- board. All goods intended to be exported shall be entered at the Japanese Custom house before they are placed on ship-board. The entry shall be in writing, and shall state the name of the ship by which the goods are to be exported, with the marks and mabers of the packages, and the quantity, description, and value of their contents. The exporter shall certify in writing, that the entry is a true account of all the goods contained therein, and shall sign his name thereto. Any goods that are put on board of a ship for exportation before they have been entered at the Custom House, and all mckages which contain prohibited articles, shall be forfeited to the Japanese goveru- theit. No entry at the Custom House shall be required for supplies for use of ships, their crews and passengers, nor for the clothing, &c., of passengers.

REGULATION IV.Ships wishing to clear shall give (24) twenty-four hours' notice (Sunday excepted) at the Custom House, and at the end of that time they shall be

918 sed

918 aged

918 sed

418 aged

41 sed

A 13 S

ШЕ

202

REGULATIONS FOR TRADE WITH JAPAN.

entitled to their clearance; but if it be refused, the Custom House authorities shall mmediately inform the captain or consignee of the ship of the reasons why the clearance is refused, and they shall also give the same notice to the American Consul

Ships of war of the United States shall not be required to enter or clear at the Custom House, nor shall they be visited by Japanese Custom House or Police officers. Steamers carrying the mails of the United States may enter and clear on the same day, and they shall not be required to make a manifest, except for such passengers and goods as are to be landed in Japan. But such steamers shall, in all cases, enter

and clear at the Custom House.

Whale-ships touching for supplies, or ships in distress, shall not be required to make a manifest of their cargo, but if they subsequently wish to trade, they shall then deposit a manifest as required in regulation first. The word ship, wherever it occurs in these regulations, or in the Treaty to which they are attached, is to be held as meaning ship, barque, brig, schooner, sloop, or steamer.

REGULATION V. Any person signing a false declaration or certificate, with the intent to defraud the revenue of Japan, shall pay a fine of ($125) one hundred and twenty-five dollars for each offence.

REGULATION VL-No tonnage duties shall be levied on American ships in the ports of Japan, but the following fees shall be paid to the Japanese Custom House Authorities:-

For the entry of a ship ($15) fifteen dollars.

For the clearance of a ship ($7) seven dollars. For each permit (14) one dollar and a half.

For any other document ($14) one dollar and a half.

REGULATION VII.-Duties shall be paid to the Japanese government on all goods

landed in the country, according to the following tariff:-

Class 1.-All articles in this class shall be free of duty. Gold and Silver, coined or uncoined; wearing apparel in actual use; household furniture and printed books not intended for sale, but the property of persons who come to reside in Japan.

Class 2.-A duty of (5) five per cent, shall be paid on the following articles:- All articles used for the purpose of building, rigging, or fitting out of ships. Whaling gear of all kinds, coals, timber for building houses, rice, paddy, steam machinery, zinc, lead, tin, raw silk.

Class 3.—A duty of (35) thirty-five per cent. shall be paid on all intoxicating

liquors, whether prepared by distillation, fermentation, or in any other manner.

Class 4.—All goods not included in the preceding classes, shall pay a duty of (20) twenty percent. All articles of Japanese production, which are exported as cargo, shall pay a duty of (5) five per cent., with the exception of gold and silver and copper in bars. Five years after the opening of Kanagawa, the import and exports duties shall be

subject to revision, if the Japanese government desire it.

TOWNSEND HARRIS.

[L.S.]

SUPPLEMENTARY TREATY BETWEEN FRANCE AND JAPAN,

SIGNED AT PARIS ON THE 20TH JUNE, 1864.

His Majesty the Emperor of the French and His Majesty the Emperor of Japan, desiring to consolidate by marks of mutual confidence the relations of friendship and fcommerce which exist between the two countries, have resolved to settle by common curd and by special arrangement the difficulties which have arisen between their

Governments since the year 1862.

In consequence, His Excellency M. Drouyn de Lhuys, Minister, Secretary of State for the Department of Foreign Affairs of His Majesty the Emperor of the French; and their Excellencies Ikeda Tdekougo no Kami, Kawatson Idzoou no Kami, Kawada Sagami no Kami, Ambassadors of His Majesty the Tycoon, duly authorised to that effect, have agreed upon the following articles:

Art. L-In reparation of the act of hostility committed in the month of July, 1863, against the ship King Cheng of the Imperial navy, upon which shots were fired in the province of Nagato, the Japanese government undertakes to pay into the hands of the Minister of the Emperor of the French at Yedo, three months after the return of their Excellencies the Ambassadors of the Tycoon to Japan, au indemnity of 140,000 Mexi- an piastres, of which 100,000 piastres will be paid by the government itself, and 40,000 plastres by the authorities of the province of Nagato.

Art. II.-The Japanese government also undertakes to put an end, within three months after the return to Japan of their Excellencies the Ambassadors of the Tycoon, to the hindrances which French ships that wish to pass the Straits of Simonosaki meet with at present, and to keep that passage free at all times by recurring, if necessary, to the employment of force, and by acting, if need be, in concert with the commandant

of the

French naval division.

Art. III.—It is agreed between the two Governments that in order to promote the regular development of commercial exchange between France and Japan, the tariff reductions recently accorded by the government of His Majesty the Tycoon to foreign Commerce, shall be maintained in favor of the articles imported by French merchants, or under the French flag, during the entire duration of the treaty concluded at Yedo between the two countries on the 9th October, 1858. In consequence, while that treaty remains in force, the Japanese Customs shall admit free the following articles, intended for the preparation and package of tea-tin foil, solder, matting, rattans; oils for painting, indigo, gypsum, pans, and baskets. In will simply impose a duty of five per tached valorem upon wine and spirits, white sugar, iron and tin, machinery and de- ished pieces of machinery, finen tissues, cloths, watches, watch chains, glass, medicines; and a duty of six per cent, upon plate glass, mirrors, porcelain, jewellery, perfumery, soaps, arms, cutlery, books, papers, gravings, and drawings.

418 aged

41 aged

418 sed

818 aged

818 sed

204

SUPPLEMENTARY TREATY BETWEEN FRANCE AND JAPAN.

Art. IV.—This arrangement will be considered as forming an integral part of th treaty of the 9th October, 1858, between France and Japan, and it will be immediately put in execution, without it being necessary to submit it to the ratification of the respective sovereigns.

In witness whereof the undermentioned plenipotentiaries have signed and seale

the present arrrangement.

Done in Paris, in duplicate, the twentieth day of the month of June, of the year

eighteen hundred and sixty-four.

DROUYN DE LHUYS.

IKUDA TDIKOUGO NO KAMI. KAWATSOU IDZOU NO KAMI. KAWADA SAGAMI NO KAMI.

(The Tycoon hos since refused to ratify the foregoing).

TREATY OF FRIENDSHIP AND COMMERCE BETWEEN HER MAJESTY THE QUEEN OF THE UNITED KINGDOM AND

THE KINGS OF SIAM.

Art. I.—There shall henceforward be perpetual peace and friendship between Her Majesty and her successors, and Their Majesties the Kings of Siam, and their successors. All British subjects coming to Siam shall receive from the Siamese Government full protection and assistance to enable them to reside in Siam in all security, and trade with every facility, free from oppression or injury on the part of the Siamese; and all Siamese subjects going to an English country shall receive from the British govern- ment the same complete protection and assistance that shall be granted to British subjects by the Government of Siam.

Art. II.-The interests of all British subjects coming to Siam shall be placed under the regulation and control of a Consul, who will be appointed to reside at Bangkok: he will himself conform to, and will enforce the observance by British subjects of all the provisions of this treaty, and such of the former treaty negotiated by Captain Burney, in 1826, as shall still remain in operation. He shall also give effect to all rules or regulations that are now or may hereafter be enacted for the government of British subjects in Siars, the conduct of their trade, and for the prevention of violations of the laws of Siam. Any disputes arising between British and Siamese subjects shall be heard and determined by the Consul, in conjunction with the proper Siamese officers; and criminal offences will be punished, in the case of English offenders, by their own laws, through the Siamese authorities. But the Consul shall not interfere in any matters referring solely to Siamese, neither will the Siamese authorities inter- fere in questions which only concern the subjects of Her Britannic Majesty.

It is understood, however, that the arrival of the British Consul at Bangkok shall not take place before the ratification of this treaty, nor until 10 vessels owned by British subjects, sailing under British colors and with British papers, shall have entered the port of Bangkok for the purpose of trade, subsequent to the signing of

this treaty

Art. III.-If Siamese in the employ of British subjects offend against the laws of their country, or if any Siamese having so offended, or desiring to desert, take refuge with a British subject in Siam, they shall be searched for, and upon proof of their guilt or desertion, shall be delivered up by the Consul to the Siamese authorities. In like manner any British offenders resident or trading in Siam, who may desert, escape 10. or hide themselves in Siamese territory, shall be apprehended and delivered over to the British Consul on his requisition. Chinese not able to prove themselves to be British subjects, shall not be considered as such by the British Consul, nor be entitled

protection. Art. IV.--British subjects are permitted to trade freely in all the seaports of Siam, but may reside permanently only at Bangkok, or within the limits assigned by this Treaty. British subjects coming to reside at Bangkok may rent land, and buy or build houses, but cannot purchase land within a circuit of 200 sen (not more than 4 miles English) from the city walls, until they shall have lived in Siam for ten years, or shall obtain special authority from the Siamese Government to enable them to do so.

this

But

812 aged

81 sed

* ***

819 sed

618 aged

612 ed

618 ed

206

TREATY BETWEEN GREAT BRITAIN AND SIAM.

with the exception of this limitation, British residents in Siam may at any time buy rent houses, lands, or plantations, situated anywhere within a distance of twenty-fou hours' journey from the city of Bangkok, to be computed by the rate at which boats the country can travel. In order to obtain possession of such lands or houses, it will.. necessary that the British subject shall, in the first place, make application through th Consul to the proper Siamese officers; and the Consul having satisfied himself of the honest intentions of the applicant, will assist him in settling, upon equitable terms, th amount of the purchase money, will mark out and fix the boundaries of the proper and will convey the same to the British purchasers under sealed deeds. Whereupon he and his property shall be placed under the protection of the Governor of the distric and that of the particular local authorities; he shall conform, in ordinary matters, t any just directions given him by them, and will be subject to the same taxation that is levied on Siamese subjects. But if through negligence, and want of Capital, or other cause, a subject should fail to commence the cultivation or improvement of the lands s acquired within a term of three years from the date of receiving possession thereof, the Siamese Government shall have the power of resuming the property, upon returning to the British subject the purchase-money paid by him for the same.

Art. V.--All British subjects intending to reside in Siam shall be registered at the British Consulate. They shall not go out to sea, nor proceed beyond the limits assigned by this treaty for the residence of British subjects, without a passport from: the Siamese authorities, to be applied for by the British Consul; nor shall they leav- Siam, if the Siamese authorities show to the British Consul that legitimate objections exist to their quitting the country. But within the limits, appointed under the pre- ceding article, British subjects are at liberty to travel to and fro under protection of a pass, to be furnished them by the British Consul, and counter-sealed by the proper Siamese officer, stating, in the Siamese character, their names, calling, and description. The Siamese officers at the Government station in the interior may, at any time, cali for the production of this pass, and immediately on its being exhibited, they must allow the parties to proceed: but it will be their duty to detain those persons who, by travelling without a pass from the Consul, render themselves liable to the suspicion gi their being deserters; and such detention shall be immediately reported to the Consu!

or in

any

Art. VI.All British subjects visiting or residing in Siam, shall be allowed the free exercise of the Christian religion, and liberty to build churches in such localities as shall be consented to by the Siamese authorities. The Siamese government wili place no restrictions upon the employment by the English of Siamese subjects as servant, other capacity. But whenever a Siamese subject belongs or owes service to some particular master, the servant who engages himself to a British subject without the consent of his master may be reclaimed by him; and the Siamese government will not enforce an agreement between a British subject and any Siamese in his employ unless made with the knowledge and consent of the master, who has a right to dispose of the services of the person engaged.

Art. VII.-British ships of war may enter the river, and anchor at Paknam, but they shall not proceed above Paknam, unless with the consent of the Siamese authe rities, which shall be given when it is necessary that a ship shall go into dock for repairs. Any British ship of war conveying to Šiam a public functionary accredited by Her Majesty's Government to the Court of Bangkok, shall be allowed to come up to Bangkok, but shall not pass the forts called Pong Phrachamit and Pit-patch-nuck unless expressly permitted to do so by the Siamese government; but in the absence of a British ship of war, the Siamese authorities engage to furnish the Consul with a force sufficient to enable him to give effect to his authority over British subjects, and to enforce discipline among British shipping.

Art. VIII.—The measurement duty hitherto paid by British vessels trading Bangkok under the treaty of 1826 shall be abolished from the date of this treaty coming into operation, and British shipping and trade will henceforth be only subject to the per ment of importand export duties on the goods landed or shipped. On all articles ofimport the duties shall be three per cent., payable at the option of the importer, either in kind or money, calculated upon the market value of the goods. Drawback of the full amount

TREATY BETWEEN GREAT BRITAIN AND SIAM.

207

of duty shall be allowed upon goods found unsaleable and re-exported. Should the British merchant and the Custom House officers disagree as to the value to be set. apon imported articles, such disputes shall be referred to the Consul and proper Siamese officer, who shall each have the power to call in an equal number of merchants as assessors, not exceeding two on either side, to assist them in coming to an equitable

decision.

Opium may be imported free of duty, but can only be sold to the opium farmer or his agents. In the event of no arrangement being effected with them for the sale of the opium, it shall be re-exported, and no impost or duty shall be levied thereon. duy infringement of this regulation shall subject the opium to seizure and confiscation Articles of export from the time of production to the date of shipment shall pay one impost only, whether this be levied under the name of inland tax, transit duty, or duty ou exportation. The tax or duty to be paid on each article of Siamese produce previous to or upon exportation, is specified in the tariff attached to this Treaty; and it is distinctly agreed that goods or produce which pay any description of tax in the interior, shall be exempted from any further payment of the duty on exportation.

English merchants are to be allowed to purchase directly from the producer the articles in which they trade, and in like manner to sell their goods directly to the parties wishing to purchase the same, without the interference, in either case, of any

other person.

The rates of duty laid down in the tariff attached to this Treaty are those that are now paid upon goods or produce shipped in Siamese or Chinese vessels or junks; and it is agreed that British shipping shall enjoy all the privileges now exercised by, or which hereafter may be granted to, Siamese or Chinese vessels or junks. British subjects will be allowed to build ships in Siam, on obtaining permission

to do so from the Siamese authorities.

Whenever a scarcity may be apprehended of salt, rice, or fish, the Siamese Government reserve to themselves the right of prohibiting, by public proclamation, the exportation of these articles.

Bullion or personal effects may be imported free of charge.

Art. IX.-The code of regulations appended to this Treaty shall be enforced by the Consul, with the co-operation of the Siamese authorities; and they, the said authorities and Consul, shall be enabled to introduce any further regulations which Ray be found necessary, in order to give effect to the objects of this Treaty.

All fines and penalties inflicted for infraction of the provisions and regulations of

this Treaty shall be paid to the Siamese Government.

Until the British Consul shall arrive at Bangkok, and enter upon his functions. the consignees of British vessels shall be at liberty to settle with the Siamese autho- rities all questions relating to their trade.

Art. X.-The British Government and its subjects will be allowed free and equal participation in any privileges that may have been, or may hereafter be granted by the Siamese Government to the Government or subjects of any other nation.

Art. XI.-After the lapse of ten years from the date of the ratification of this Treaty, upon the desire of either the British or Siamese Government, and on twelve months' notice being given by either party, the present and such portions of the Treaty of 1826 as remain unrevoked by this Treaty, together with the Tariff and Regulations hereunto annexed, or those that may hereafter be introduced, shall be subject to revision by Commissioners appointed on both sides for this purpose, who will be empowered to decide on and insert therein such amendments as experience

shall

prove to be desirable.

These ratifications were exchanged at Bangkok on the 5th April, 1856.

618 sed

61 sed

Ore ded

078 əsrd

TARIFF OF DUTIES.-SIAM.

200.

Tariff of Export and Inland Duties to be levied on Articles of Trade. -The undermentioned Articles shall be entirely free from Inland or other

taxes, on production of transit, and shall pay Export Duty as follows :—

TICAL. SALUNG, FUANG. HUN.

1. Ivory

2. Gamboge

0 per picul.

Rhinoceros horns

4. Cardamons, best

Do.

bastard

6. Dried Mussels

100N002-OOOOJONANONOOH,

20 per cent.

...

10 per cent.

GENERAL REGULATIONS UNDER WHICH TRADE IS TO BE CONDUCTED IN SIAM.

Art. I.-The master of every English ship coming to Bangkok to trade, must, either before or after entering the river, as may be found convenient, report the arrival of his vessel at the Custom House at Paknam, together with the number of his crew and guns, and the port from whence he comes. Upon anchoring his vessel at Paknam, he will deliver into the custody of the Custom House officers all his and ammunition; and a Custom House officer will then be appointed to the vessel, and will proceed in her to Bangkok.

guns

Art. II.-A vessel passing Paknam without discharging her guns and ammunition as directed in the foregoing regulation, will be sent back to Paknam to comply with its provisions, and will be fined eight hundred ticals for having so disobeyed. After delivery of her guns and ammunition she will be permitted to return to Bangkok to trade.

Art. III.~When a British vessel shall have cast anchor at Bangkok, the master, unless a Sunday should intervene, will within four-and-twenty hours after arrival proceed to the British Consulate, and deposit there his ship's papers, bills of lading, and upon the Consul's

&c., together with a true manifest of his import cargo; reporting these particulars to the Custom House, permission to break bulk will at once be given by the latter.

For neglecting so to report his arrival, or for presenting a false manifest, the master will subject himself, in each instance, to a penalty of four hundred ticals; but he will be allowed to correct, within twenty-four hours after delivery of it to the Consul, any mistake he may discover in his manifest, without incurring the above- mentioned penalty.

Art. IV.—A British vessel breaking bulk, and commencing to discharge before due permission shall be obtained, or smuggling either when in the river or outside the bar, shall be subject to the penalty of eight hundred ticals, and confiscation of the goods so smuggled or discharged.

Art. V. As soon as a British vessel shall have discharged her cargo, and completed her outward lading, paid all her duties, and delivered a true manifest of her outward cargo to the British Consul, a Siamese port-clearance shall be granted her on application from the Consul, who, in the absence of any legal impediment to her departure, will then return to the master his ship's papers, and allow the vessel to leave. A Custom House officer will accompany the vessel to Paknam; and on arriving there she will be inspected by the Custom House officers of that station, and will receive from them the guns and ammunition previously delivered into their

charge.

7. Pelicans' quills

8. Betel nut, dried

9. Krachi wood

10. Sharks' fins, white

11. Do. black

12. Lukkrabau seed

13. Peacocks' tails

14. Buifalo and cow bones...

15. Rhinoceros hides

16. Hide cuttings

17. Turtle shells

18. Soft ditto

19. Beche-de-mer

20. Fish mawS

21. Birds' nests, uncleaned

22. Kingfisher's feathers 23. Cutch

24. Beyehe seed (Nux Vomica)

25. Pungtarai seed

26. Gum Benjamin

27. Angrai bark

28. Agilla wood

29. Ray skins

30. Old deers' horns

31. Soft, or young ditto 32. Deer hides, fiue

Do.

33.

34. Deer sinews

common

35. Buffalo and Cow hides 36. Elephants' bones 37. Tigers' bones

...

38. Buffalo horns 39. Elephants' hides 40. Tigers' skins 41. Armadillo skins. 42. Sticklac 43. Hemp 44. Dried fish Plaheng. Do. Plusalit

45.

46. Sapan wood 47. Salt meat 48. Mangrove bark

49. Rosewood 50. Ebony

51. Rice

Ore ded

10-22ONO-N

per 100 tails.

3 per picul.

❞

per 100.

per picul.

per 100 hid.

O per picul.

per

skin.

per picul.

כן

0 per koyan.

Ore sed

Ore ded

IZE ased

IZE aged

210

TARIFF OF DUTIES.-SIAM.

II.—The undermentioned Articles being subject to the Inland or Transit duties

herein named, and which shall not be increased, shall be exempt from Export Dut

52. Sugar, white

Do. red

TICAL. SALUNG. FUANG. Hux.

(

54. Cotton, clean and uncleaned 10 per cent.

55. Pepper

56. Salt fish, Platu

57. Beans and Peas 58. Dried Prawns

59. Tilseed

60. Silk, raw 61. Bees' wax

62. Tawoll

63. Salt

64. Tobacco

...

one-twelfth

one-fifteenth

Ď per picu!.

O per picul.

per 10,000 fish.

O per picul. O per koyan. per 1,000bd! III.-All goods or produce unenumerated in this Tariff shall be free of Expor Duty, and shall only be subject to one Inland Tax or Transit Duty, not exceeding the rate now paid.

This article has been compiled from information procured on the spot, and com. municated to us by our friend John Crawfurd, Esq.; from the Description du Royaume Tani on Siam, 2 tomes, 1854, de M. Pallegoix; Sir John Bowring's Account of the Kingdom aud People of Siam; and Parliamentary Papers.

TREATY OF AMITY, COMMERCE, AND NAVIGATION, BETWEEN THE GERMAN CONFEDERATION AND SIAM

Treaty of Amity, Commerce, and Navigation, between the United States of the tierman Customs and Commercial Union, and the Grand Duchies of Mecklenburg- Schwerin and Mecklenburg-Strelitz on the one part, and the Kingdom of Siam on the other part.

His Majesty the King of Prussia, in his own name, and as representing the Sovereigns, States, and Territories United to the Prussian system of customs and imports, that is to say, Luxemburg, Anhalt Dessau Koethen, Anhalt Bernburg, Waldeck and Pyamont, Lippe and Meisenheim, as well as on behalf of the other States belonging to the German Zollverein, namely:-Bavaria, Saxony, Hanover, Wurtemberg, Baden, Electoral Hesse, Grand-ducal Hesse (the bailiwick of Hamburg included), the States forming the Thuringian Customs and Commercial Union, to wit:-Saxe Weimer Eisenach, Saxe Meiningen, Saxe Altenburg, Saxe Coburg Gotha, Schwartzburg Rudolstadt, Schwartzburg Sondershausen, the Elder Branch of Reuss. and the Younger Branch of Reuss, Brunswick, Oldenburg, Nassau, and the Free Town of Frankfort, as likewise in the name of the Grand Duchies of Mecklenburg- Schwerin and Mecklenburg-Strelitz on the one part, and their Majesties Fhra Bard Somdetch, Phra Paramenda Maha Mongkut, Phira Chan Klan Chau Yu Hua, the First King of Siam, and Phra Bard Somdetch, Phra Pawarendr Ramesr Mahiswaresr, Phra Pin Klan Chan Yu Hua, the Second King of Siam, on the other part.

Being sincerely desirous to establish friendly relations between the afore-named States and Siam, bave resolved to secure the same by a Treaty of Peace and Commerce. mutually advantageous and profitable to the subjects of the High Contracting powers, and for this purpose have named as their plenipotentiaries :--

His Majesty the King of Prussia,

The Chamberlain Frederick Albert Count of Eulenburg, His Envoy Extraordinary and Minister Plenipotentiary, Knight of the Order of the Red Eagle, and of the Order

of St. John.

And their Majesties the First and Second Kings of Siam,

His Royal Highness Frince Kromonatuang Mugsa Feerat Senneet.

His Lordship Crowpraya Suriwongs Samaha Prakralahome, Commander-in-chief of the Forces, and Governor-General of the South Western provinces; His Lordship Chowpraya Rawiwong Maha Kosatihodee, Minister of Foreign Affairs, and Governor- General of the Eastern Coast of the Gulf Siam.

His Lordship Chow Pya Yamarat, (overnor of the City of Bangkok, and its

vicinities.

His Excellency Praya Montree Prakralahome Fighuear, Governor-General of the Northern provinces, who after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon the following

articles.

Art. I.-Between the Contracting German States and their Majesties the First and the Second Kings of Siam, their heirs and successors, as well as between their respective subjects, there shall be constant peace and perpetual amity,

The subjects of each of the High Contracting Parties shall enjoy in the

dominions of the other full security of person and property.

There

and Navigation for the

178 ased

I asrd

I d

Ize sed

We add

We ded

212

TREATY BETWEEN THE GERMAN STATES AND SIAM.

subjects and vessels of the High Contracting Powers, in every portion of their respective territories where trade and navigation are actually allowed or may here. after be allowed to the subjects or vesssels of the most tavored nations.

Art. II.The High Contracting Powers recognise reciprocally their right to appoint Consuls-General, Consuls, Vice-Consuls, and Consuls, Agents in the Ports and Towns of their respective States, and these officers are to enjoy the same privileges, immunities, powers, and exemptions, as are or may be accorded to those of the most favored nation. The said Consular Officers shall, however, not begin to exercise their function until they shall have received the Exequatur of the local government. The Contracting German States will appoint one Consular Officer only for each port or town, but for those places, where they appoint a Consul-General or a Consul, they shall have the right of nominating a Vice-Consul or Consular Agent besides, to act for the Consul-General or Consul in case of his being absent or unable to attend. Vice-Consuls or Consular Agents may also be appointed by the Consuls-General or Consuls, their chiefs.

The German Consular Officer shall have under his protection, superintendence, and control the interests of all subjects of the Contracting German States, who reside He shall conform to all provisions of this Treaty himself, and

or who arrive in Siam. enforce the observance of the same by German subjects,

He shall also promulgate and carry out all rules and regulations which are now or may hereafter be enacted for the observance of German citizens with regard to the conducting of their business, and their due obedience to the laws of Siam.

Should the German Consular Officer be absent, subjects of the Contracting German States visiting Siam or residing in it, may have recourse to the intervention of a Consul of a friendly nation, or they may address themselves directly to the local authorities, who then shall take means to secure to the said German subjects all the benefits of the present Treaty.

Art. III-Subjects of the Contracting German States visiting Siam, or taking up their residence there, shall be allowed free exercise of their religion, and they shall be at liberty to build churches in such convenient localities as shall be consented to by the Siamese authorities, and such consent shall not be withheld, without sufficient reason being assigned.

Art. IV.-Subjects of the Contracting German States wishing to reside in the Kingdom of Siam, must be registered at the German Consulate, and a copy of this registration must be furnished to the Siamese authorities. Whenever a subject of any of the Contracting German States has to recur to the Siamese authorities, his petition or claim must be first submitted to the German Consular Officer, who shall forward the same, if it appear to him reasonable, and conceived in proper terms, or else shall modify its contents.

Art. V.-Subjects of the Contracting German States who may wish to take up their residence in Siam, shall for the present do so only in the city of Bangkok, or within a district defined by the following boundaries, namely :-

On the North: The Bang-putsa canal from its junction with the Chowpya river up to the old walls of the town of Lobpury, and a straight line from thence to the Pragnam landing place, near the town of Saraburi on the river Pasak.

On the East: A straight line drawn from the Pragnam landing place to the junction of the Klongkut canal with the Bangpakong river; and this river from thence to its mouth. On the coast between the Bangpakong and the island of Simaharaja German subjects may settle at any place within a distance of twenty-four hours journey

from

Bangkok.

On the South: The island of Simaharaja, the Seechang Islands, and the walls of

Petchaburi.

On the western coast of the gulf German citizens may settle at Petchaburi, and anywhere between that city and the river Meklong, within a journey of twenty-four hours from Bangkok.--From the mouth of the Åleklong that river shall form the boundary up to the town of Raypuri; from thence a straight line drawn to the town of Supannaburi, and thence to the mouth of the Bangputsa canal into the Chowpya

TREATY BETWEEN THE GERMAN STATES AND SIAM.

213

river. Nevertheless German subjects may reside beyond these boundaries on obtain. ing permission to do so from the Siamese authorities.

All subjects of the Contracting German States are at liberty to travel and trade throughout the entire Kingdom of Siam, and to buy and sell all merchandise not pro- hibited, from and to whomsoever they please.

They are not bound to purchase from, or to sell to officials or monopolists, nor is

anybody permitted to interfere with them or hinder them in their business. Art. VI.-The Siamese Government will place no restrictions upon the employment of Siamese subjects in any capacity whatever by German subjects. But when a Siames subject belongs or owes service to some particular master, he may not engage himself to a German subject without the consent of the same. Should he, however, do so, the contract for services is to be looked upon as concluded for three months only, unless a still shorter period should have been agreed upon, or the German subject be willing to discharge the Siamese at once; and during this period the German subject is bound to pay two-thirds of the stipulated wages, not to the Siamese in his employment, but to the person to whom he belongs or owes services.

If Siamese in the employment of a German subject offend against the laws of Siam, or if any Siamese offenders or fugitives take refuge with a German subject in Siam, the German Consular Officer shall, upon proof of their guilt or desertion, take the necessary steps to ensure their being delivered up to the Siamese authorities.

Art. VII-Subjects of the Contracting German States shall not be detained against their will in the Kingdom of Siam, unless the Siamese authorities can prove to the German Consular Officer that there are lawful reasons for such detention. Within the boundaries fixed by article five of this treaty, subjects of the contracting German States shall be at liberty to travel without hindrance or delays of any kind whatever, provided they are in possession of a passport signed by their Consular Officer, containing in Siamese characters their names, profession, and a description of their person, and countersigned by the competent Siamese authority.

Should they wish to go beyond the said limits and travel in the interior of the Kingdom of Siam, they shall procure for themselves a passport, which shall be delivered to them at the request of the Consular Officer by the Siamese authorities, and such passport shall not be refused in any instance except with the concurrence of the Con- sular Officer of the Contracting German States.

Art. VIII.--Within the limits specified in the fifth article, subjects of the Con- tracting German States may buy and sell, take, or let on lease, land and plantations, and may build, buy, rent, sell, or let houses. The right, however, of owning land situated :-

1. On the left bank of the river within the city of Bangkok proper, and on the piece of ground between the city walls and the Klong-padung-kumg-krasem canal, &c. 2. On the right bank of the river between the points opposite the upper and the lower mouth of the Klong-padung-kung-krasem canal, within a distance of two English miles from the river, shall only belong to such as have received a special permission. from the Siamese Government, or have spent ten years in Siam.

In order to obtain possession of such property, German subjects may make an application through the Consular Officer to the Siamese Government, which thereupon will appoint a functionary, who, jointly with the Consular Officer, shall equitably adjust and settle the amount of the purchase-money, and make out and fix the boundaries of the property. The Siamese Government will then convey the property to the German purchaser. All landed property of German subjects shall be under the protection of the district Governor and the local authorities, but the proprietors shall conform in ordinary matters to an equitable direction proceeding from the said authorities, and mail be subject to the same taxation as the subjects or citizens of the most favored

nation.

Subjects of the Contracting German States shall be at liberty to search for and opeu mines in any part of Siam, and the matter being distinctly set forth to the Consul, he shall in conjunction with the Siamese authorities arrange such suitable conditions and terms as shall admit of the mines being worked. German subjects shall likewise be

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214

TREATY BETWEEN THE GERMAN STATES AND SIAM. permitted to engage in and carry on in Siam any description of manufacture not contrary to law, upon like reasonable terms arranged between the German and the

Siamese authorities.

Art. IX.--When a subject of one of the Contracting German States, residing per- anently or temporarily in the Kingdom of Siam, has any cause of complaint or any claim against a Siamese, he shall first submit his grievance to the German Consular Officer, who, after having examined the affair, shall endeavour to settle it amicably In the same manner when a Siamese shall have a complaint to make against any German subject, the Consular Officer shall listen to his complaint, but if in such case this proves impossible, the Consular Officer shall apply to the competent Siamese fune ichary, and having conjointly examined the affair they shall decide thereon according

to equity.

Art. X.-If a crime or an offence be committed in Siam, and the offender be a subject of any of the Contracting German States, he shall be punished by the Consular Officer in conformity to the respective German laws; or be sent to Germany for punish- If the offender be a Siamese, he shall be punished by the Siamese authorities

«ccording to the laws of the country.

ment.

Art. XI.—Should any act of piracy be committed on vessels belonging to any of he Contracting German States on the coast or in the vicinity of the Kingdom of Siam, the authorities of the nearest place on being informed of the same, shall use all means their power towards the capture of the pirates, and the recovery of the stolen pro- perty, which shall be delivered to the Consular Officer, to be restored by him to the The same course shall be followed by the Siamese authorities in all acts of pillage or robbery directed against the property of German subjects on shore. The Siamese Government shall not be held responsible for property stolen from Germau subjects, as soon as it is proved that it has employed all means in its power for the recovery of the same; and this principle shall equally hold good with regard to Siamese subjects living under the protection of any of the Contracting German States, and to

ʊwners.

their property. Art. XII.--On the German Consular Officer sending a written application to the Siamese authorities, he shall receive from them every aid and support in detecting or arresting German sailors or other subjects, or any individual under the protection of a German flag. The German Consular Officer shall also, at his request, receive from the Siamese authorities every necessary assistance, and a sufficient force to give due effect to his authority over German subjects, and to keep up discipline among German ship- ping in Siam. In like manner whenever a Siamese, guilty of desertion or any other crime, should take refuge in the house of a subject of any of the Contracting German States, or on board of German vessels, the local authorities shall address themselves to the German Consular Officer, who, on proof of the culpability of the accused, shall All concealment and connivance shall be carefully

immediately authorise his arrest. avoided by both parties.

Art. XIII. Should a subject of any of the Contracting German States, engaged en business in the Kingdom of Siam, become bankrupt, the German Consular Officer shall take possession of all his goods, in order to distribute them proportionately among the creditors, for which end he shall receive every aid from the Siamese authorities; he shall also neglect no means to seize, on behalf of the creditors, all the goods which In like manner in Siam, the

the said bankrupt may possess in other countries. authorities of the Kingdom shall adjudicate and distribute the effects of Siamese subjects who may become insolvent in their commercial transactions with subjects of the Contracting German States.

Art. XIV. Should a Siamese subject refuse or evade the payment of a debt to s German subject, the Siamese authorities shall afford the creditor every aid and facility for recovering what is due to him. In like manner the German Consular Officer shall give every assistance to Siamese subjects to recover debts which may be due to them by subjects of the Contracting German States.

Art. XV.- In case of the decease of any of their respective subjects in the dominions of one or the other of the High Contracting Parties, his property shall be delivered unto

TREATY BETWEEN THE GERMAN STATES AND SIAM.

215

executor of his will, or, if none have been appointed, unto the family of the Sceased, or unto his partners in business. If the defunct possesses neither family r partners in business, his property shall, in the dominions of both of the High Contracting Parties, be placed, as far as the laws of the land permit it, under the Barge and control of the respective Consular officers, in order that they may deal thit in the customary manner, according to the laws and usages of their country. ater the river and anchor at Paknam, but in case they intend to proceed to Bangkok, Art. XVI.-Men-of-war belonging to any of the Contracting German States inay ey must first inform the Siamese authorities, and come to an understanding with

ue same respecting the anchorage.

Art. XVII.-Should a German vessel in distress enter into a Siamese port, the oral authorities shall offer every facility for her being repaired and revictualled, so at she may be able to continue her voyage. Should a German vessel be wrecked. the coast of the Kingdom of Siam, the Siamese authorities of the nearest place, eing informed thereof, shall immediately afford every possible assistance to the crew, and take all measures necessary for the relief and security of the vessel and cargo. They shall thereupon inform the German Consular Officer of what has taken place, in rder that he may, in conjunction with the competent Siamese authority, take the roper steps for sending the crew home, and dealing with the wreck and cargo.

Art. XVIII-By paying the import and export duties mentioned hereafter, vessels belonging to any of the Contracting German States and their cargoes, shall be tree in Siam of all dues of tounage, pilotage, and anchorage, or other dues whatever, as well on their arrival as their departure. They shall enjoy all privileges and umunities which are or shall be granted to junks, Siamese vessels, or vessels of the most favored nation.

Art. XIX.-The duties to be levied on merchandize imported into the Kingdom of Siam by vessels belonging to any of the Contracting German States shall not exceed 'hree per cent. on their value. They shall be paid in kind or in money, at the choice If the importer cannot agree with the Siamese Custom House

of the importer. ficers as to the value of the merchandize imported, the matter shall be referred to the Consular officer and a competent Siamese functionary, who, if they consider it necessary, will each invite one or two merchants to act as advisers, and will settle the difference according to justice.

After payment of the said import duty of three per cent., the merchandize may be sold by wholesale or retail, free of any charge whatsoever. Should goods be landed and not sold, and be again shipped for exportation, the whole of the duties paid on them shall be reimbursed; and in general no duty shall be levied on any cargo not sold. Nor shall any further duties, taxes, or charges be imposed or levied on imported goods after they have passed into the hands of Siamese purchasers.

Art. XX.-The duties to be levied on Siamese produce, either before or at the ime of shipment, shall be according to the tariff annexed to the present Treaty. Every article of produce subject to duties of exportation according to this tariff shall e free of all transit ond other dues throughout the whole Kingdom of Siam, and it is likewise agreed that no Siamese produce, which shall have paid transit or other nes shall be subject to any tariff-duty, or other charge whatsoever, either before or at the shipment.

time of

Art. XXI.-Ou paying the duties above mentioned, which are not to be gmented in future, subjects of the Contracting German States shall be at liberty to port into the Kingdom of Siam from German and foreign ports, and likewise to export for all destinations, all goods, which on the day of the signing of the present Treaty are not the object of a formal prohibition or a special monopoly. The Siamese Government reserves to itself, however, the right of prohibiting the exportation of ce, whenever it shall find reason to apprehend a dearth in the country. But such prohibition, which much be published one month before being enforced, shall not interfere with the fulfilment of contracts made bona fide before its publication; Ger- man merchants shall, however, inform the Siamese authorities of any bargains they bave concluded previously to the prohibition. It shall also be permitted that ships

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216

TREATY BETWEEN THE GERMAN STATES AND SIAM.

which have arrived in Siam at the time of the publication of said prohibition, or ar on their way to Siam from Chinese ports or from Singapore, if they have left those ports before the prohibition to export could be known there, may be laden with rice for exportation. Should the Siamese government hereafter reduce the duties on good imported or exported in Siamese, or other bottoms, vessels belonging to any of the Contracting German States, which import or export similar produce, shall immediatel participate in the benefits accruing from such a reduction.

Art. XXII.--The Consular Officer of the Contracting German States shall see that German merchants and seamen conform themselves to the regulations annexed to the present Treaty, and the Siamese aathorities shall aid them herein. All fines levied for infractions of the present Treaty shall belong to the Siamese Government Art. XXIII.-The Contracting German States and their subjects shall be allowed free and equal participation in all privileges, that may have been or may hereafter be granted by the Siamese Government to the Government, subjects, or citizens of

other nation.

any

Art. XXIV. After the lapse of twelve years from the date of ratification of this Treaty the Contracting States may propose a revision of the present Treaty and of the regulations and tariff thereunto annexed, in order to introduce such alterations, additions, and amendments as experience may prove to be desirable. Notice of such an intention must, bowever, be given at least a year beforehand.

Art. XXV.—The present Treaty is executed in four-fold copies, in the German, the Siamese and the English languages. All these versions have one and the same meaning and intention, but the English text shall be looked upon as the original text of the Treaty, so that, if any different interpretation of the German and Siamese versions shall ever occur, the English text shall determine the sense.

The Treaty shall take effect immediately, and its ratifications shall be exchanged

at Bangkok within eighteen months of the present date.

In witness thereof the Plenipotentiaries named at the beginning bave signed and sealed the present Treaty at Bangkok, on the seventh day of the month of February. in the year of our Lord one thousand eight hundred and sixty-two, corresponding to the Siamese date of the eight day of the third moon, in the year of the Cock, the third of the Decade, eleventh of the present reign, and one thousand two hundred and twenty-third of the Siamese civil era.

Here follows the seals and signatures of the Commissioners.

TRADE REGULATIONS.

1. The master of every ship, belonging to any of the Contracting German States, which comes to Bangkok to trade, must either before or after entering the river, as he may choose, report the arrival of his vessel at the Paknam Custom House, and the number of his crew and guns, and the name of the port from whence he comes. As soon as his vessel has anchored at Paknam, he shall deliver up all his guns and ammunition into the custody of the Custom House Officer, and a Custom House Officer will then be appointed to accompany the vessel to Bangkok.

2. Every merchant vessel passing Paknam, without discharging her guns and ammunition as directed in the foregoing regulation, will be sent back to Paknam to comply with its provisions, and will be liable to a fine not exceeding eight hundred Ticals. After having given up her guns and ammunition, she will be permitted to

return

to Bangkok. 3. Whenever a German merchant vessel shall have cast anchor at Bangkok, the master shall, unless a holiday intervenes, proceed within four and twenty hours to the German Consulate and there deposit the ship's papers, bills of lading, &c., together with a true manifest of his cargo, and upon the Consular Officer reporting these particulars to the Custom House, permission to break bulk will at once be given by the latter. Should the Custom House delay granting such permission for more than twenty-four hours, the Consular Officer may give a permit, which shall have the same validity as if it proceeded from the Custom House.

For neglecting to report his arrival or for presenting a false manifest, the master

TREATY BETWEEN THE GERMAN STATES AND SIAM,

217

will be liable to a penalty not exceeding four hundred Ticals, but he will be allowe to correct within twenty-four hours after delivery of it, any mistake he may discover

his manifest, without incurring any penalty.

4. A German vessel breaking bulk and commencing to discharge before having obtained due permission, or smuggling on the river or outside the bar, shall be subject to a penalty not exceeding eight hundred Ticals, and to confiscation of the goods so smuggled or discharged."

5. As soon as a German vessel shall have discharged her cargo and completed her

outward lading, paid all her duties and delivered a true manifest of her outward carg to the German Consular Officer, a Siamese port clearance shall be granted to her, and, in the absence of any legal impediment to her departure, the German Officer will then return the ship's papers to the master and allow the vessel to leave. A Custom House Officer will accompany the vessel to Paknam, and there she will be inspected by the Custom House Officers of that station, and will receive back from them the guns and ammunition previously delivered into their charge.

6. All Custom House Officers shall carry a badge, by which they can be dis tinguished when acting officially, and only two Custom House Officers shall be allowed on board a German vessel at one time, unless a greater number should be required to effect the seizure of smuggled goods.

Tariff of Import, Export and Inland Duties to be levied on Articles

of Trade.

Art. I.—The duties on goods imported into the Kingdom of Siam in vessels belonging to any of the Contracting German States, shall not exceed three per cent. on their value, and shall be paid either in kind or in money, at the choice of the

importer.

No duty shall be levied on any cargo not sold.

Art. II. The undermentioned articles shall be free from inland dues or other

faxes on production of transit and shall only pay the following export duty:-

TICAL SALUNG. FUANG. HUN.

1. Ivory

2. Gamboge

3. Rhinoceros horns

4. Cardamous, best

Do.

bastard

6. Dried Mussells

7. Pelicans' quills 8. Betel nut, dried

9. Krachi wood

10. Sharks' fins, white Do. black

11.

12. Lukkrabau seed

13. Peacocks' tails

14. Buffalo and Cow bones.

15. Rhinoceros hides 16. Hide cuttings

17. Turtle shells 18. Soft ditto. 19. Beche-de-mer 20. Fish maws 21. Birds' nests, uncleaned 22. Kingfisher's feathers 23. Cutch

24. Beyebe seed (Nux Vomica)

25. Pungtarai seed 26. Gum Benjamin

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27. Hanglai bark

28. Agilla wood

29, Ray skins

30. Old deers' horns

31. Soft, or young ditto.

32. Deer hides, fine

33.

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TARIFF OF DUTIES--SIAM.

common..

34. Deers' sinews...

35. Buffalo and Cow hides

36. Elephants' bones

37. Tigers' bones

38. Buffalo horns

39. Elephants' hides

40. Tigers' skins.

41. Armadillo skins..

42. Sticklac

43. Hemp...

44. Dried fish, Plakeng

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45.

46. Sapan wood

Plusalit

47. Salt meat

48. Mangrove bark

49. Rosewood

50. Ebony

51. Rice

52. Paddy

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Art. III.—All other articles are exempted from export duties, but are subject to

inland or transit dues, the present rates of which are not to be increased in future.

For Sugar, white...

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Cotton, clean and uncleaned

Salt fish, Plata...

Beans and Peas

Dried Prawns

Teal seed

Silk, raw

Bees' wax

Tawoll

.. Salt

Tobacco

2 saburgs per picul.

10 per cent.

1 tical per 10,000.

1 twelfth.

1 fifteenth.

1 tical per picul.

6 ticals per koyan.

1 tical 2 saburgs per 1,000 bundles.

Art. VI.—Foreign coins, gold and silver, in bars or ingots, gold leaf, provisions,

and personal effects may be imported or exported duty free.

Such Consular Officers of the Contracting German States as shall be prohibited by their Governments from engaging in trade, are at liberty to import duty free all objects of furniture, outfit and consumption they may require for their own private use. Art. V.-Opium may be imported duty free, but can be sold only to the opium farmer or his agents. In like manner guns and ammunition may only be sold to the

Siamese Government or to Consul of the same.

TREATY BETWEEN THE VICEROY OF CAMBODIA AND

THE EMPEROR OF THE FRENCH.

AUGUST 11, 1863.

This Treaty having been duly considered and concluded between the Admiral, on Cambodia may be in peace and prosperity [with Lower Cochin-China], and us the two part of the Emperor of the French, and the Prince of Cambodia, in order that sations are contiguous, the Cambodians must not be on unfriendly terms with the French. For this reason the Emperor of the French commanded the Commander-in ief, Vice-Adiniral de la Grandiere, Governor of Saigon, to consult with the Prince Cambodia, to make it publicly known that the Emperor of the French will assist to protect Cambodia. For carrying into effect this object the Commander-in-chief, Ad- iral de la Grandiere, Governor of Saigon, and the Sombetch Phra Mala Uperat,

Governor of Cambodia, have concluded the following treaty:-

Art. I.-The Emperor of the French will assist to protect Cambodia.

Art. II.-The Emperor of the French will appoint a French officer as Consul to de near the Prince of Cambodia, to enforce the observance of this treaty by both ations. This French officer will be under the orders of the Commander-in-chief at Saigon. The Prince of Cambodia will appoint a Cambodian officer to reside with the Commander-in-chief as Consul.

Art. III.-If a French officer reside in Cambodia in the above-mentioned capacity, - is to be considered as a noble of hig'i rank, and to be respected and feared as such. Art. IV.-If any other Foreign nation desire to appoint a Consul in Cambodia, The Prince of Cambodia and his chief nobles will consult with the French Commander- n-chief at Saigon, and if all agree, then that Foreign nation can appoint a Consul. If the Prince of Cambodia and his nobles will not consent to allow any foreign nation to appoint a Consul in Cambodia, the Admiral Commander-in-chief at Saigon will also

fuse his consent.

Art. V.-If any French subjects desire to travel about for the purposes of trade, r to build houses in Cambodia, they must inform the Cambodian authorites, who will

Provide them with documents to do so.

Art. VI.-If any Cambodian subjects go to the French territories, they shall have

like privileges and power.

Art. VII.-If French subjects and Cambodians have disputes together, they must omplain to the French Consul, and if after investigation the case is not settled, the Consul and the Cambodian officers will consult together and arrange the matter justly. li Cambodians have disputes, the French Consul will not interfere in the matter. If French subjects have disputes among themselves the Cambodian officers will not in- terfere. If foreigners, natives of Europe, have disputes with the French, the French If a French subject, having committed an offence, fly to

fficers will settle the case. Cambodia, the Cambodian authorities will assist the French Consul to convey the faulter to the Commander-in-chief at Saigon for judgment. If there be no French Consul or Officers in Cambodia, the French Commander-in-chief will have power to

Consul in arranging such matters.

act for

the

Art. VIII-If a French subject wish to reside in Cambodia he will register himself at the French Consulate, and the French Consul will inform the Cambodian

authories of the circumstance.

Art. IX.-If a Cambodian wish to reside in French territory, and there is no im- liment to his doing so, he will be registered by the Cambodian authories themselves, or by the Cambodian officer appointed by the Prince of 'ambodia to reside at Saigon. Art. X.-If traders bring merchandise of any description from foreign ports, with the exception of opium, for sale in Cambodia, and they have a pass from the Saigon authorities permitting them to come, the Cambodian Custom-house must not levy any luty, but if the traders bring opium, the Cambodian authorities can levy a duty on it.

China, if the Cambodian Custom-house officers have already collected the duty on them

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TREATY BETWEEN FRANCE AND CAMBODIA.

and the "Tangkau" has a pass from the Cambodian authorities, which will be con tersigned by the French Consul, will be permitted to be sold in the French territor

free of duty.

Art. XII.—If any French subject in pursuit of science come to Cambodia, h anust inform the Cambodian authorities, who will render assistance for his safe conduct Art. XIII.--If French ships or junks be plundered by pirates anywhere withi the Cambodian territory at any time, and the Cambodian authorities of that place ar informed of the circumstance, they will examine the matter, seize and punish th robbers according to law, and the property recovered will be restored to the owners or to the French Consul, who will deliver it over to the owners. not found, and no property recovered, and if the Cambodian authorities have ma every search without success, the said authorities will not be held responsible. The above is also applicable to the property of French subjects in Cambodia.

If the robbers ar

Art. XIV.-If Cambodian ships or junks be plundered by pirates in the French dominions, the French authorities of the nearest place on being informed will seare! for the robbers, seize and punish them according to law, and the property recovered will be restored to the owners; if the owners be absent, to the Cambodian officers for transmission to them. If after making search for the robbers and property the French officers do not find them, they are not to be held responsible. If Cambodian officers in French territory be plundered of any kind of property the above is also applicabl to them, and if the French officers have done their utmost to find the robbers an property, but without success, they will not be made answerable.

Art. XV.-All French Bishops have authority to teach religion throughout the territories of Cambodia, and the Cambodians will place no impediment to their doing If they wish to build churches, schools, or hospitals, they will inform the Caw-

bodian authorities, whose consent will be necessary.

80.

Art. XVI.—The Emperor of the French recognises the Prince of Cambodia as a legitimate Prince, and agrees to assist him in preserving peace and friendship, and to protect Cambodia from her enemies and from the oppression of other countries. The Emperor of the French honestly will assist the Prince so as to enable him to collect duties from the traders and to enable them to proceed to sea.

Art. XVII.-In order that the foregoing article may be easily carried into effect, the French Commander-in-Chief, Governor of Saigon, desires some land at "Charvey Chung," to build houses for coals and godowns for rice for the French vessels. The Prince of Cambodia to give the said land at “Charvey Chung," viz., from the north of the fort and stockades of 15 sen (1,800 feet). If any Cambodian temple ground in- tervene it must be avoided, and such ground to continue to remain and belong to the said temples. If the French Commander-in-chief desires any more land anywhere, the Prince and his nobles, if after consideration they find a piece suitable, they will grant it on the same conditions as at "Charvey Chung.”

Art. XVIII.—In order to show their gratitude for the protection afforded by the Emperor of the French for the purpose of promoting the peace and prosperity of the country, the Cambodians agree that if the French wish to cut timber in the Cambodian forests for the purpose of building the ships of the Emperor of the French, they shall be permitted to do so, upon informing the Cambodian authorities, who will send instructions to the Governors of the Interior to that effect. On the part of the French they agree to pay all expenses incurred. If the French buy any merchandise in Cam- bodia they will be permitted to do so with facility, the price of such merchandise to be arranged between the purchaser and seller.

Art. XIX. This treaty being concluded, requires only the Emperor of the French's consent by placing his seal on it; three copies have been made. The Prince of Cambodia, Somdetch Ong Phra Naradom, has signed and sealed them, together with

the French Commander-in-chief.

Dated Udong, 11th August, 1863.

REGULATIONS

FOR THE CONSULAR COURTS OF THE UNITED STATES OF AMERICA IN CHINA.

In pursuance of Sec. 5th of the Act of Congress, approved June 22nd, 1860, ntitled "An Act to carry into effect certain provisions in the Treaties between the United States, China, Japan, Siam, Persia, and other countries, giving certain judicial powers to Ministers and Consuls, or other functionaries of the United States in those ountries, or for other purposes," I, ANSON BURLINGAME, Minister Plenipotentiary and Euvoy Extraordinary of the United States to the Empire of China, do hereby decree the following rules and regulations, which shall have the force of law in the Consular Courts of China.

1.-Every citizen of the United States residing within the limits of the ports open to foreign trade in the dominion of the Emperor of China, is required to be enrolled in the Consular register, and shall apply in person at the Consulate within thirty lays after the publication of this decree. Every American citizen who may arrive within the limits of the port, save and except any one who may be borne on the muster-roll of an American vessel, shall apply within ten days at the Consulate to be enrolled. Any American citizen neglecting to be so enrolled will not be entitled to claim the protection or intervention of the authorities, unless he can furnish a valid reason for not so doing.

2. In all cases where an applicant to be enrolled cannot furnish a passport or ther legal proof of his citizenship, he shall make oath that he is a citizen of the United States; and if the Consul deem desirable, be required to bring such further evidence as he shall consider satisfactory.

LEGATION OF THE UNITED STATES, PEXING, April 22nd, 1864.

ANSON BURLINGAME.

Assented to,

GEO. F. SEWARD,

Consul General.

PEKING, April 22nd, 1864.

Assented to,

OLIVER H. PERRY,

U. S. Consul.

Canton, July 12th, 1864.

Swatow, September 3rd, 1864.

Amoy, August 30th, 1864.

Assented to,

J. C. A. WINGATE,

U. S. Consul.

Assented to,

OLIVER B. BRADFOD,

U. S. Vice-Consul.

978 aged

978 sed

478 sed

478 aged

222

UNITED STATES CONSULAR REGULATIONS,

Assented to.

A. L. CLARKE, U. S. Vice-Cons

U. S. Coponi

Foo-chow-foo, 1864.

Assented to,

EDWARD C. LORD, U. S. Vice-Consu

Ningpo, June 20th, 1854.

Assened to,

WM. BRECK,

Hankow, June 11th, 1864.

Assented to,

H. G. BRIDGES, U. S. Vice-Consol.

Kiukiang, June 13th, 1864.

Assented to,

G. H. COLTON SALTER, Acting U. S. Coneul,

Chinkiang: June 2ud, 1864.

Assented to,

S. W. POMEROY, JR. U. S. Vice-Consri.

Tientsin, April 27th, 1864.

REGULATIONS

FOR THE CONSULAR COURTS OF THE UNITED STATES OF AMERICA IN CHINA.

In pursuance of Sec. 5th of the Act of Congress, approved June 22nd, 18, entitled "An Act to carry into effect certain provisions in the Treaties between the United States, China, Japan, Siam, Persia, and other countries, giving certain judica! powers to Ministers and Consuls, or other functionaries of the United States in those countries, or for other purposes," I, ANSON BURLINGAME, Minister Plenipotentiar and Envoy Extraordinary of the United States to the Empire of China, do here decree the following rules and regulations for the guidance of the Consular Courts in

China.

I.-ORDINARY CIVIL PROCEEDINGS.

1.—Bow commenced.--Civil proceedings between American citizens must com

mence by written petition, verified by oath before the Consul.

2.-Three classes of action.-Ordinary personal civil actions are of three classes. viz.: Contract, comprising all cases of contract or debt; Wrong, when damages are

claimed for a wrong; Replevin, when possession of a specific article is claimed.

UNITED STATES CONSULAR REGULATIONS.

22.3

that payment, or a performance of the conditions of the contract, has been demanded 3.—Demand necessary in Contract and Replevin. In contract, the petition must aver and withheld; and, in replevin, that the articles to be replevied have been 4-Petitioner must deposit money.--The petitioner shall be required to deposit a reasonable sum to defray the probable expenses of court and defendant's costs; sub- sequent deposits may be required if found necessary.

demanded.

5.-Notice to Defendant.-Upou deposit of the money, the Consul shall order notice of the petition, in writing, directing defendant to appear before the court at a given lay and hour to file his written answer on oath.

6.-Service.-Notice must be served on each defendant at least five days before return day, by delivery of an attested copy of the petition and order, and of any accompanying account or paper.

7-Personal service should always be required when practicable. 8.--Default.-On proof of due notice, judgment by default shall be procured against any defendant failing to appear and file his answer as required; but the default may be taken off for good cause within one day after, exclusive of Sunday.

9.—Damuyes.—But in actions of wrong, and all other where the damages are in their nature unliquidated and indefinite, so that they cannot be calculated with pre- cision from the statement of the petition, the amount of the judgment shall be ascer- tained by evidence, notwithstanding the default.

10.-Answer. If defendant appears and answers, the Consul, having both parties before him, shall, before proceeding further, encourage a settlement by mutual agree ment, or by submission of the case to referees agreed on the parties, a majority of whom shall decide it.

11.—Amendments.-Parties should, at the trial, be confined as closely as may be to the averments and denials of the statement and answer, which shall not be altered after filing, except by leave granted in open Court.

12.—American witnesses compelled to attend.-On application of either party and advance of the fees, the Consul shall compel the attendance of any witness within his jurisdiction before himself, referees, or commissioners.

13.--Parties are witnesses.-Each party is entitled, and may be required to testify. 14. Decrees to be obeyed. Judgment may be given summarily against either party

failing to obey any order or decree of the Consul.

15.-Attachment and arrest.-For sufficient cause and on sufficient security, the Consul, on filing a petition, may grant a process of attachment of any defendant's property to a sufficient amount, or of arrest of any defendant not a married woman. nor in the service of the United States under commission from the President.

16.-Dissolution of attachment.-Defendant may at any time have the attachment lissolved by depositing such sum, or giving such security, as the Consul may require. 17.-Sale of perishable property.--Perishable property, or such as is liable to serious depreciation under attachment, may, on petition of either party, be sold by the Cousul's order, and its proceeds deposited in the Consulate.

18.-Release of Debtor.—Any defendant arrested or imprisoned on civil petition shall be released on tender of a sufficient bond, deposit of a sufficient sum, or assigu. ment of sufficient

property.

his creditor cited before the Consul to hear a disclosure of the prisoner's affairs under 19.-Debtor's disclosure.—Any person under civil arrest or imprisonment may have oath, and to question thereon; and if the Consul shall be satisfied of its truth and thoroughness, and of the honesty of the debtor's conduct towards the creditor, he shall for ever discharge him from arrest upon that debt; provided that the prisoner shall ther to transfer and secure to his creditor the property disclosed, or sufficient to pay the debt, at the Consul's valuation.

20.-Debtor's board. The creditor must advance to the jailer his fees and payment his prisoner's board until the ensuing Monday, and afterwards weekly, or the debtor

will be discharged from imprisonment and future arrest.

of Sunday) execution

LTE aged

LTE sed

87 sed

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UNITED STATES CONSULAR REGULATIONS.

and person of the debtor, returnable in thirty days, and renewable.

may issue, enforcing the same with interest at 12 per cent. a year, against the property 22.—Seizure and sale of property.--Sufficient property to satisfy the execution of all expenses may be seized and sold at public auction by the officer, after due notice. 23.-Property attached on petition, and not advertised for sale within ten day-

after final judgment, shall be returned to the defendant.

24.— Final judgment for defendant. When final judgment is given in favor of the defendant, his person and property are at once freed from imprisonment or attachment, and all security given by him discharged. And the Consul may, at his discretion award him composition for any damage necessarily and directly sustained by reason of such attachment, arrest, or imprisonment.

25.—Offset.—In action of contract, defendant may offset petitioner's claim by a

counter claim, filing his own claim, uuder oath, with his answer. Petitioner shall be notified to file his answer seasonably, on oath, and the two claims shall then be tried together, and but one judgment given for the difference, if any be proved in favor of either party, otherwise for defendant's costs.

26.—Costs.—Except as bereinafter provided, the party finally prevailing recovers

costs, to be taxed by him and revised by the Consul.

27.—Trustee process. In contract, the Consul may order defendant's property or credits in a third party's hands to be attached on the petition, by serving him with due notice as trustee, provided petitioner secures trustee his costs by adequate special deposit.

28.—Trustee's cost.—If adjudged trustee, the third party may retain his cost from the amount for which he is adjudged trustee, if sufficient; otherwise the balance of trustee's cost must be paid out of petitioner's special deposit, as must the whole of his costs if not adjudged trustee.

29.-Demand on trustee upon execution. The amount for which a trustee is charged must be inserted in the execution, and commanded of him by the Officer within ten days after judgment, or all claim ceases. Process against property or person of the trustees may issue ten days after demand.

30.—Debt must be at least ten dollars. If petitioner covers judgment for less than ten dollars, or if less than ten dollars of defendant's property or credits is proved in the party's hands, in either case the third party must be discharged with costs against petitioner.

31.-Replevin. Before granting a writ of replevin, the Consul shall require petitioner to file a sufficient bond, with two responsible sureties, for double the value of the property to be provided, one an American citizen, or petitioner may deposit the required amount.

II-TENDER, &c.

32.-Before a creditor files his petition in Contract, his debtor may make an absolute and unconditional offer of the amount he considers due, by tendering the n.oney in the sight of the creditor or his legal representative.

33.-Deposit. If not accepted, the debtor shall, at his own risk and paying the charges, deposit the money with the Consul, who shall receipt to him and notify the

creditor.

34. — Demand or withdrawal.-It shall be paid to the creditor at any time, if de-

manded, unless previously withdrawn by the depositor.

35.-Cost.If the depositor does not withdraw his deposit, and, upon trial, is not adjudged to have owed petitioner at the time of the tender more than its amount, be

shall recover all his costs.

defendant

may file an offer to be defaulted for a specific sum and the costs up to that time; and

36.-Offer to be defaulted.-At any stage of a suit in contract or wrong, if petitioner chooses to proceed to trial, and does not recover more than the sum offered and interest, he shall pay all defendant's costs arising after the offer, execution issuing for the balance only.

III.-REFERENCE.

37.-When parties agree to reference they shall immediately file a rule, and the case

UNITED STATES CONSULAK KEGULATIONS,

925

marked "referred;" a commission shall then issue to the referees, with a copy of

all papers filed in the case.

who shall accept the same, and give judgment, and issue execution thereon, unless *38-Award and acceptance.—The referees shall report their award to the Consuls,

atisfied of fraud, perjury, corruption, or gross error in the proceedings.

39.-When transmitted to Minister-In cases involving more than five hundred dollars, if his acceptance is withheld, the Consul shall at once transmit the whole se with a brief statement of his reasous, and the evidence thereon, to the Minister, who shall give judgment on the award, or grant a new trial before the Consul.

-ufficient security.

IV.-APPEAL.

40.—Must be within one day.- Appeals must be claimed before three o'clock in the afternoon of the day after judgment (exclu-ling Sunday); but in civil cases, only upon 41.-To be perfected within five days.—Within five days after judgment, the appel- lant must set forth his reasons by petition filed with the Consul, which shall be trans- mitted as soon as may be to the Minister, with a copy of docket entries and of all papers in the case.

V.-NEW TRIAL.

42.—Because of perjury.—On proof of the perjury of any important witness of the prevailing party, upon a material point, affecting the decision of a suit, the Consul who tried it may, within a year after final judgment, grant a new trial on such terms as he may deem just.

43.—-Generally.—Within one year after final judgment in any suit not involving more than five hundred dollars, the Consul who tried it, or his successor, may, upon sufficient security, grant a new trial where justice manifestly requires it; if exceeding ive hundred dollars, with the concurrence of the Minister.

VI.-HABEAS CORPUS.

44.—Slaves not to be held.—No Consul shall recognize the claim of any American citizens arising out of a violation of the provision of the Act of Congress approved February 19th, 1862, relating to the "coolie trade so called, nor any claim which involves the holding of any person in slavery.

Consul

45.-Habeas corpus.—Upon application of any person in writing and under oath, representing that he or any other person is enslaved, unlawfully imprisoned, or de- prived of his liberty by any American citizen within the jurisdiction of a Consul, such issue his writ of Habeas Corpus, directing such citizen to bring said person, if in his custody or under his control, before him, and the question shall be determined summarily, subject to appeal. VII. DIVORCE.

may

46.-Libels for divorce must be signed and sworn to before the Consul, and on the

trial each party may testify.

47.-Attachment. The Consul, for good cause, may order the attachment of

libeller's property to such an amount and on such terus as he may think proper.

48.-Husband to advance money.—He may also, at his discretion, order the husband to advance his wife, or pay into Court, a reasonable sum to enable her to defend the libel, with a reasonable monthly allowance for her support pending the proceedings.

49-Alimony.-Alimony may be awarded or denied the wife on her divorce at

his discretion.

50.-Custody of the minor children may be decreed to such party as justice and

the children's good

may require.

51.-Release of both. Divorce releases both parties, and they shall not be

re-married to each other.

52-Costs. Costs are at the discretion of the Consul.

VIII-MARRIAGE.

58.- Record and return. Each Consul shall record all marriages solemnized by

bim or in his official presence.

878 sed

878 Bed

879 v

678 aded

678 sed

678 aged

226

UNITED STATES CONSULAR REGULATIONS. IX.-BIRTHS AND DEATHS.

54.--The birth and death of every American citizen within the limits of 1.

jurisdiction shall likewise be recorded. X.-BANKRUPTCY, PARTNERSHIP, PROBATE, &c. 55.-Until promulgation of further regulations, Consuls will continue to exercis

their former lawful jurisdiction and authority in bankruptcy, partnerships, probate wills, administration of estates and others matters of equity, admiralty, ecclesiasti and common law, not especially provided for in previous decrees, according to s reasonable rules, not repugnant to the Constitution, treaties, and laws of the Unit States, as they may find necessary or convenient to adopt.

XI.-SEAMEN.

56.-In proceedings or prosecutions, instituted by or against American seame the Consul may, at his discretion, suspend any of these rules in favor of the scam.... when in his opinion, justice, humanity and public polity require it.

XII.-CRIMINAL PROCEEDINGS.

57.—Hom commened.—Complaints and informations against American citiz»».

should always be signed and sworn to before the Consul when the complainant informant is at or near the Consul's port.

38.—How authenticated.-All complaints and informations not so signed awi sworn to by a citizen of the United States, and all complaints and informations; capital cases, must be authenticated by the Consul's certificate of his knowledge o belief of the substantial truth of enough of the complaint or information to justify th arrest of the party charged.

5.---Copy of accusation. —No citizen shall be arraigned for trial until the offeur charged is distinctly made known to him by the Consul in respondent's own languag In cases of magnitude, and in all cases when demanded, an attested copy (ur translation) of the complaint, information, or statement authenticated by the Cons shall be furnished him in his own language, as soon as may be, after his arrest. -The personal presence of the accuser is indispensaîl-

60.—Presence of accuser.—'.

throughout the trial.

61-May testify.-He shall be informed of his right to testify, and cautioned the if he choose to offer himself as a witness, he must answer all questions that may i- propounded by the Consul or his order, like any other witness.

62.—American witnesses compelled to attend.—The government and the accus are equally entitled to compulsory process for witnesses within their jurisdiction: an if the Consul believes the accused to be unable to advance the fees, his necessary witnesses shall be summoned at the expense of the United States.

63.-Fine and costs.-When punishment is by fine, costs may be included or re initted at the Consul's discretion. An alternative sentence of thirty days' imprisonment shall take effect on non-payment of any part of the fine or costs adjudged in an criminal 64.-Any prisoner, before conviction, may be admitted to bail by the Consul who

tries him, except in capital cases.

proceeding.

65.-Capital cases. No prisoner charged with a capital offence shall be admitted

to bail where the proof is evident, or the presumption of his guilt great. 66.—After conviction.-After conviction and appeal the prisoner may be admitted

to bail only by the Minister.

67.—American bail.—Any citizen of the United States offering himself as bail, shall sign and swear, before the Consul, to a schedule of unincumbered property of a value at least double the amount of the required bail.

68.—Foreign bail.—Any other proposed bail or security shall sign and sweat before the Consul, to a similar schedule of unincumbered personal property withi the local jurisdiction of the Consulate, or he may be required to deposit the amount in money or valuables with the Consul.

69.

Two sureties.—Unless such sufficient citizen becomes bail, or such deposit

made, at least two sureties shall be required.

UNITED STATES CONSULAR REGULATIONS.

-Surrender.-Any American bail may have leave of the Consul to surrend

payment of all costs and expenses,

a principal ou

227

Prosecutor may be required to give security. Any complainant, informant, on

prosecutor may be required to give security for all costs of the prosecution, including hose of the accused; and every complainant, &c., not a citizen of the United States But be so required, unless, in the Consul's opinion, justice will be better promote-l therwise; and when such security is refused the prosecution shall abate.

* - Inourable acquittal. When the innocence of the accused, both in law and

m intention, is manifest, the Consul shall add to the usual judgment of acquittal, tl

word "honourable.”

3.-Costs.In such case judgment may be given and execution issued summarit gainst any informer, complainant, or prosecutor, for the whole costs of the trial, luding those of the accused, or for any part of either or both, if the proceeding cars to have been groundless and vexatious, originating in corrupt, malicious, o 74. Minor offences.-Consuls will ordinarily encourage the settlement of a!

prosecutions not of a heinous character by the parties aggrieved or concerned.

XIII.-OATHS.

vindictive motives.

15-Ouths shall be administered in some language that the witness understand- 76.—Not Christians.—A witness not a Christian shall be sworn according to his

religious belief.

77.—Atheist.-An avowed atheist shall not be sworn, but may affirm, under the- pains and penalties of perjury; the credibility of his evidence being for the considera-

tion of the Consul.

78. — Affirmation. —A Christiau conscientiously scrupulous of an oath, may affirm

under the pains and penalties of perjury.

XIV. DOCKETS, RECORDS, &c.

79.—Civil docket.—Each Consul shall keep a regular docket or calender of all civil etions and proceedings, entering each case separately, numbering consecutively, to the end of his term of office, with the date of filing, the names of the parties in full, thei nationality, the nature of the proceeding, the sum or thing claimed, with minute and dates of all orders, decrees, continuances, appeals and proceedings, until final judgment. 80.-Criminal.—He shall keep another regular docket for all criminal cases,

with sufficient similar memoranda.

81.-Filing papers.—All original papers shall be filed at once and never removed uo person, but an officer of the Consulate or Minister, should be allowed access to them All papers in each case must be kept together in one inclosure, and numbered as in the docket with the parties' names, the nature of the proceeding, the year of filing the petition, and of final judgment conspicuously marked on the inclosure, and each year's

ses kept by themselves in their order,

XV.—LIMITATION OF ACTIONS AND PROSECUTIONS. 82.-Criminal.-Heinous offences not capital, must be prosecuted within six

years, minor offences within two.

83.-Civil.-Civil actions based on written promises, contract, or instrument, must be commenced within six years after the cause of actions accrues; others within two 84-Absence; fraudulent concealment.—In prosecutions for heinous offences not capital, and in civil cases involving more than $500, any absence of respondent or defendant for more than three months at a time from China, shall be added to the limitations; and in civil cases involving more than $100, the period during which the tause of action may be fraudulently concealed by defendant, shall likewise be added.

XVI-GENERAL PROVISIONS.

85-Trials public. All trials and proceedings in the United States' Consular

in China shall be open and public.

Courts

86.-Interpreting and translating.-Papers and testimony in a foreign language shall be translated into English by a sworn interpreter, appointed by the Consul; in Oaths and questions shall be translated by the

civil cases to be paid by petitioner.

interpreter from the English for any witness who does not understand English.

678 aged

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UNITED STATES CONSULAR REGULATIONS.

87.-Testimony.-Parties may be required to file their petitions, answers, com plaints, informations, and all other papers addressed to the Court, in English; or they may be translated by the interpreter at the Consul's discretion. All testimony mus be taken in writing in open Court by the Consul or his order, and signed by the witness, after being read over to him for his approval and correction, and it shall form part of the papers in the case.

88.— Adjournment.—The Consul may adjourn his Court from time to time, and

place to place, within bis jurisdiction, always commencing proceedings and judgment at the Consulate,

giving

89.— Officer.—All processes not served by the Consul personally must be executed by an officer of the Consulate, who shall sign his return, specifying the time and mod of service, and annexing an account of his fees.

90.—Copies on appeal.-On appeal, copies of all the papers must be paid for in advance by the appellant, except in criminal cases where respondent is unable to pay.

91.-Copies. Any person interested is entitled to a copy of any paper on file,

prepayment of the fee.

92.-Reasonable clearness, precision, and certainty should be required in the papers; and subtantial justice and all practicable dispatch is expected in the decisions. 93.-Definition of Consul.-The word "Consul" is intended to include the Consul General, and any Vice-Consul or Deputy-Consul, actually exercising the Consular power at any Consulate, unless the sense requires a more limited construction.

94.—Associates.--Each associate in a Consular trial shall, before entering on his duties, be sworn by his Consul. Before taking the oath, he may be challenged by either party, and for sufficient cause excused, and another drawn.

95.-Contempt.--Consuls will always preserve order in Court, punishing sum marily any contempt committed in their presence, or any refusal to obey their lawful summons or order, by imprisonment not exceeding 24 hours, or by fine not exceeding fifty dollars and costs.

96.-Attorney.—Every party to a civil or criminal proceeding may be heard in person, or by attorney of his choice, or by both; but the presence of counsel shall be under the exclusive control and discretion of the Consul.

97.-Accounts.-The accounts of the Consular Courts shall be kept in United States' currency; and every order of deposit, decree of costs, taxation of fees, and generally every papers issuing originally from the Court, shall be expressed in dollars and cents, and satisfied in United States' metallic currency, or its equivalent.

98.-In Consular Court.—

XVII. FEES.

In all cases were the amount in question is not more than $500.

UNITED STATES CONSULAR REGULATIONS,

For searching for the same, and if not found, to be certified by the Consul, aud on

his order to be paid by the said ship.

For serving any writ, warrant, attachment, or other compulsory process, each

person....

For serving summons

For returning all writs, attachments, warrants, and summons, each

For each bail-bond...

For every commitment or discharge of prisoner.

in subpoenas, for each witness summoned.

For returning subpœna.

For each day's attendance upon Court.

For levying execution..

For advertising property for sale..

For releasing property under execution by order of plaintiff..

For selling property under execution, when the amount collected does not

exceed $1,000.

If over $1,000, and not excceding $5,000..

If over $5,000.

For making collections under $200 in cases where no adjudication has

taken place.

If the amount exceed $200.

For travelling fees in serving all processes, each mile.

229

2.00

1.00

0.50

1.00

2.00

0.50

0.26

3.00

1.50

2.00

3.00

per cent.

For serving every notice not heretofore provided for in addition to the usual

travelling

fees..

101.-Interpreter's Fees.

For each day's attendance upon Court....

for making translations

If more than 200 words, for each additional hundred.

102.-Witnesses' Fees.

For every day's attendance at Court..

For each mile travelled in going to and returning from Court......

103.-Crier's Fees.

On trial of every suit...

104.--Citizen Associates' Feus,

For each day's attendance

105.-Costs for prevailing party.

All necessary Court fees paid out.

XVIII.-PROVISŮ.

...5

$0.15

0.50

3.00

2.00

1.00

1.50

0.15

.$1.00

3.60

106.All decrees heretofore issued by authority of the Commissioners and Minister of United States to China, which are inconsistent in whole or in part with the provisions of this Decree, are hereby annulled, and those portions are henceforth roid and of no effect; and the promulgation of these rules abrogates no authority hitherto lawfully exercised by Consuls in China not inconsistent herewith.

LEGATION OF THE UNITED STATES TO CHINA,

PEKING, April 23rd, 1864.

ANSON BURLINGAME.

In all cases where it is over $500.

99.—Clerk's fees.—

In all cases where no specific damages are sought, the fee shall be $5 for minor,

and $15 for greater cases

.8 5.00 15.00

For executions

For issuing all writs, warrants, attachments, or other compulsory process For docketing every suit commenced..

1.00

For summonses and subpoenas.

0,50

For all records at the rate of, for each hundred words.

3,23

For every seal to process issued.

And if it exceed 200 words, for every additional hundred words

For drawing every notice, paper, order, or process, not otherwise provided for 2

1.00

Assented to,

1.00

Court

For filing each paper upon the return of the Marshal, and all papers filed in

GEO. F. SEWARD,

0.10

PEKING, April 23rd, 1864.

Consul General.

from, to he paid by the vessel before leaving port..

For apprehending a deserter, and delivering him on board the vessel deserted

100.—Marshal's fees.-

Assented to,

5.00

OLIVER H, PERRY,

CANTON, July 12th, 1864.

U. S. Consul.

o d

o sedI aged

240

UNITED STATES CONSULAR REGULATIONS.

SWATOW, September 3rd, 1864.

I asrd

Assented to,

J. C. A. WINGATE.

U. S. Consul

Assented to,

OLIVER B. BRADFORD.

U. S. Vice-Consul.

AMOY, August 30th, 1864.

Assented to,

A. L. CLARKE,

U. S. Vice-Consul.

FOO-CHOW-FOO, 1864.

Assented to,

EDWARD C. LORD, U. S. Vice-Consul.

NINGPO, June 20th, 1864.

Assented to,

WM. BRECK,

U. S. Coneul.

HANKOW, June 11th, 1864.

Assented to,

H. G. BRIDGES, U. S. Vice-Consul,

KIUKIANG, June 13th, 1864.

Assented to,

G. H. COLTON SALTER, Acting U. S. Consul

CHINKIANG, June 2nd, 1864.

Assented to,

S. W. POMELOY, JUNR. U. S. Vice-Consul.

TIENTSIN, April 27th, 1864.

I asrd

I d

BRITISHI EMIGRATION.

CHINESE PASSENGERS' ACT.

ANNO DECIMO OCTAVO ET DECIMO NONO VICTORIÆ REGINE.

CAP. CIV.

An Act for the Regulation of Chinese Passengers Ships, 14th August, 1855.

Whereas abuses have occurred in conveying Emigrants from ports in the Chinese Seas: And whereas it is expedient to prevent such abuses: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

I.-In the Construction of this Act, the Term "Chinese Passenger Ships" shall nclude every ship carrying from any port in Hongkong, and every British ship carrying from any port in China or within one hundred miles of the coast thereof, more than wenty passengers, being natives of Asia; the word "Colony" shall include all Her Majesty's Possessions abroad not being under the Government of the East India Com. any; the word "Governor" shall signify the person for the time being lawfully ministering the Government of such colony; the term "Legislature of Hongkong shall signify the Governor and Legislative Council or other legislative authority of the ane for the time being; the word "Ship " shall include all seagoing vessels; the term "Commander" and "Master" of any ship shall include any person for the time being in “command or charge of the same;" the term "Emigration Officer shall include every person lawfully acting as emigration officer, immigration agent or pro- tector of emigrants, and every person authorized by the Governor of any British colony to carry out the Provisions of this Act; and the term "British Consul” shall include every person lawfully exercising Consular authority on behalf of Her Majesty in any

Foreign port.

II.—It shall be lawful for the Legislature of Hongkong, by any ordinance to be by hem enacted for that purpose, to make regulatious respecting Chinese passenger ships, and, in the case of British ships, respecting the treatment of the passengers herein while at sea; and until such enactment, the Regulations contained in Schedule (4.) to this Act annexed shall be in force: Provided always, that no such ordinance shall come into operation until Her Majesty's confirmation of the same shall have been proclaimed in Hongkong by the Governor thereof.

III-It shall be lawful for the Governor of Hongkong to declare, by proclamation, for the purposes of this Act and of the said regulations, what shall be deemed to be the duration of the voyage of any Chinese passenger ship, and by such proclamation * alter the scales of dietary, medicines, and medical comforts contained in the afore-

schedule (A.)

aid

IV-No Chinese passenger ship shall clear out or proceed to sea on any voyage of more than seven days' duration until the master thereof shall have received from an

migration officer a copy of the aforesaid regulations, and a certificate in the form contained in schedule B. to this Act annexed, or in such other form as may be pre-

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CHINESE PASSENGERS' ACT.

scribed by the said Legislature, which copy and certificate, with any documents to b attached thereto (hereinafter designated as emigration papers), shall be signed by the said emigration officer, nor until the master shall, with two sufficient sureties, to approved by the said emigration officer, have entered into a joint and severa! bor in the sum of one thousand pounds to Her Majesty, her heirs and successors, in th form contained in schedule C. to this Act annexed, or in such other form as shall prescribed by the said Legislature.

V.—The said penal sum of one thousand pounds shall be due and recoverab notwithstanding any penalty or forfeiture imposed by this Act or by the aforesaid regulations, and whether such penalties or forfeitures shall have been sued for ani

recovered or not.

IV. It shall be lawful for commanders of any of Her Majesty's ships of war, or for any emigration officer, Custom House officer, or British Consul, to enter and search any Chinese passenger ship (being a British vessel or within British Jurisdiction) s long as such ship shall have any passengers on board, and for forty-eight hours after- wards, and in case such ship shall be engaged on a voyage of more than seven days duration, to require the production of the emigration papers of such ship, and to examine all persons on board of the same, in order to ascertain whether the pro- visions of this Act, and of the regulations aforesaid, have been complied with: "and any person who refuses to allow, attempts to avoid, or obstructs any such entry, search, or examination, or who, knowingly misleads or deceives any person lawfully making an such search or examination, or who, being the master of the ship or having the emigration papers in his custody, fails to produce the same when required as aforesai, shall be deemed guilty of a misdemeanor.

VII.-In case of any neglect or refusal to comply with any of the provisions of this Act or any of the regulations aforesaid or to perform any stipulation in any of the contracts made with the passengers, the master of the ship, and any other persons who may have been guilty of, or have aided or abetted such neglect or refusal, shall each be deemed for each offence guilty of misdemeanor,

VIII.-If any Chinese passenger ship clears out or proceeds to sea on any voyage exceeding seven days' duration without such emigration papers as aforesaid, or if the emigration papers of any Chinese passenger ship are forged or fraudulently altered. such ship shall, if she is a British ship, or if, not being a British ship, the offence is committed and the ship is seized in Her Majesty's dominions or in the territories of the East India Company, be forfeited to Her Majesty.

IX.-Every person who commits or aids or abets in committing any act or default by which any Chinese passenger ship may become liable to forfeiture shall be liable to a penalty not exceeding one hundred pounds for each offence.

X.-It shall be lawful for any commissioned officer on full pay in the military or naval service of Her Majesty, or any British officer of customs, or any British Cousu!, to seize and detain any ship which has become subject to forfeiture as aforesaid, and bring her for adjudication before the High Court of Admiralty in England or Ireland, or any court having Admiralty Jurisdiction in Her Majesty's dominions, or the terri tories of the East India Company, and such court may thereupon make such order in the case it thinks fit, and may award such portion of the proceeds of the sale on ant forfeited ship as it thinks right to the officer bringing in the same for adjudication, or to any persons damaged by the act of default which has rendered the ship liable to forfeiture.

XI.—No such officer as aforesaid shall be responsible, either civilly or criminally, to any person whomsoever in respect of the seizure or detention of any ship that has been seized or detained by him in pursuance of the provisions herein contained, not withstanding that such ship is not brought in for adjudication, or, if so brought in is declared not to be liable to forfeiture, if it is shown to the satisfaction of the judge or court before whom any trial relating to such ship or such seizure or detention beld, that there are reasonable grounds for such seizure or detention, but if no such grounds are shown, such judge or court may award payment of costs and damages to any party aggrieved, and make such other order in the premises as he or it thinks just.

CHINESE PASSENGERS' ACT.

243

XII.-It shall be lawful for the court before which any ship liable to forfeiture nuder this act is proceeded against, to impose such a pecuniary peualty as to the same ourt shall seem fit, in lieu of condemning the ship, and in such case to cause the ship applied in the same mauner in which the proceeds of the said ship, if condemned and to be detained until the penalty is paid, and to cause any penalty so imposed to be sold by order of the court, would have been applicable.

XIII -All misdemeanors and other criminal offences punishable under this Act shall be dealt with, tried, and judged of in the same manner as misdemeanors and other offences punishable under the Merchant Shipping Act, 1834, and all the rules of law, practice, or evidence applicable to the last mentioned misdemeanors and offences shall be applicable to misdemeanors and other offences under this act.

XIV-Any court, justice, or magistrate imposing any penalty under this Act for which no specific application is herein provided, may, if it or he thinks fit, direct the whole or any part thereof to be applied in compensating any person for any wrong or damage which he may have sustained by the act or default in respect of which such penalty is imposed, or in or towards payment of the expense of the proceelings; and subject to such directions or specific application as aforesaid, all penalties recovered in the United Kingdom shall be paid into the receipt of Her Majesty's Exchequer ir such manner as the Treasury may direct, and shall be carried to and form part of the unsolidated fund of the United Kingdom; and all penalties recovered in any British possession shall be paid over into the public treasury of such possession, and form part of the public revenue thereof.

XV.-In any legal proceedings taken under this Act, or in respect of the bond herein-before required, any document purporting to be the written declaration of any British Consul, or of the commander of any of Her Majesty's ships of war, or to be a copy of the proceedings of any court of justice, shall without any proof of signature be received in evidence, in case it shall appear that such copy or declaration, if pro- luced in the United Kingdom, was officially transmitted to one of Her Majesty's principal Secretaries of State, or if produced in any colony, was officially transmitted to the Governor thereof. Provided always, that no person making such written de claration as aforesaid shall be capable of receiving a share of any penalty or forfeiture which shall be procured by such written declaration.

XVI.—This Act may be cited for any purpose whatever under the name of the

"Chinese Passengers' Act, 1855.”

XVII. This Act shall come into operation as soon as it shall have been pro. claimed in Hongkong by the Governor thereof, or if not so proclaimed, on the first day of January next ensuing,

SCHEDULE (4).

Regulations respecting Chinese Passenger Ships.

*Note.-The wilful and fraudulent breach of any of these regulations by the person in charge of any Chinese passenger ship is publishable by forfeiture of the ship, and every person concerned in such breach is liable to a fine of one hundred pounds for each offence.

-No Chinese passenger ship shall clear out or proceed to sea on any voyage of more than seven days' duration without a certificate from an emigration officer, and such certificate shall be in the form provided by the Chinese Passengers Act, 1855.

II.-No emigration officer shall be bound to give such certificate in respect of any Chinese passenger ship till seven days after receiving notice that the ship is to arry passengers, aud of her destination, and of her proposed day of sailing, nor unless there are on board a surgeon and interpreter approved by such emigration officer. III-After receiving such notice, the emigration officer shall be at liberty at all times to enter and inspect the ship, and the fittings, provisions, and stores therein, and

* See Proclamation 18, 4th February, 1956.

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CHINESE PASSENGERS' ACT.

any person impeding him in such entry or inspection, or refusing to allow of the sam

hall be liable to a fine of not more than one hundred pounds for each offence.

IV. The emigration officer shall not give his certificate unless he shall be

satisfied,-

1.-That the ship is sea-worthy, and properly manned, equipped, fitted, and atilated; and has not on board any cargo likely, from its quality, quantity, or mi

of stowage, to prejudice the health or safety of the passengers;

2.-That the space appropriated to the passengers in the between decks contains of the least twelve superficial and seventy-two cubical feet of space for every adult on board: that is to say, for every passenger above twelve years of age, and for every two passengers between the ages of one year and twelve years:

3.-That a space of five superficial feet per adult is left clear on the upper deck

to the use of the passengers.

4.-That provisions, fuel, and water have been placed on board, of good quality, roperly packed, and sufficient to supply the passengers on board during the declared

Caration of the intended voyage, according to the following scale:

Rice.

Salted Provisions.—

DIETARY SCALE.

Wholly Fork, or & Pork and Fish; or Pork }

and Beef, and Fish.

Salted Vegetables or Pickles.

Water

Firewood.. Tea.

.1 per diem

Imperial Quarts 3

02.

5.-That Medicines and Medical Comforts have been placed on board according

to the following Scale :

SCALE OF MEDICINES AND MEDICAL COMFORTS.

For every 100 Passengers, and in like Proportion for any greater or less Number

Calomel

Blue Pill

Rhubarb Powder.

Compound Jalap Powder.

Ipecacuanha l'owder.

Opium.

Dover's Powder.

Epsom Salts.

Chloride of Lime.

Tartar Emetic.

Magnesia.

Assafoetida.

Quinine.

Antimonial Powder.

Extract of Colocynth, Compound

Carbonate of Ammonia.

Camphor.

Camphorated Liniment.

Catechu

Prepared Chalk.

Tincture of Opium.

Turpentine..

Blistering Plaister.

Senna Leaves.

Sulphur Sublimed

Sulphur Ointment,

3 oz.

12 "}

th.

4 drams.

2 02.

01/

}}

.16

.12

Linseed Flour..

Country Soap. Castor Oil.

Oil of Peppermint

Simple Ointment

CHINESE PASSENGERS' ACT.

Adhesive Plaster, spread

Ringworm Ointment..

Jeremie's Opiate....

Aromatic Spirit of Hartshorn Cholera Pills in Phial Cubebs Powder

Sweet Spirits of Nitre. Cupaiba

Sulphate of Copper

Do.

Zinc Lunar Caustic.... Lime Juice

Rum or Brandy

4 lb.

24 oz.

6 bottles. 2.0%..

2 yards.

16 oz.

4 ""

Phial.

12 drams.

4 D.

16 oz.

4 drams.

36 quarts.

.38

INSTRUMENTS, &c.

231

1 Set of Amputating and other Surgical Instruments (if there be any person on

board competent to use them.)

1 One Ounce Glass Measure.

1 Minim Glass Measure.

1 Pestle and Mortar (Wedgewood.)

1 Set of Weights and Scales (Grain in box.)

1 Set of common Splints.

1 Set of Bleeding Lancets.

1 Silver Catheter.

Spatula.

1 Dressing Scissors.

1 Infusion Box.

1 Quire of Country Faper.

Penknife.

2 Metal Bed Fans.

Trusses for Hernia, right and left.

Syringes.

2 Small

Ounces

prepared Lint.

2 Pieces Cloth for Bandages.

V.—The master of any Chinese passenger ship being a British ship and proceed- ng on a voyage of more than seven days' duration shall, during the whole of the intended voyage, make issues of provisions, fuel and water, according to the aforesaid dietary scale, and shall not make any alteration, except for the manifest advantage of he passengers, in respect of the space allotted to them as aforesaid, or in respect of them (except in case of necessity) to help in working the vessel; and shall issue medicines and medical comforts, as shall be requisite, to the best of his judgment, and shall call at such ports as may be mentioned in the emigration officer's clearing ertificate for fresh water and other necessaries; and shall carry them without mecessary delay to the destination to which they have contracted to proceed.

VI-The emigration officer shall not give his certificate until he shall have mustered the passengers, and have ascertained to the best of his power that they understand whither they are going, and comprehend the nature of any contracts of service which they have made; he shall also take care that a copy of the form of such Contracts, or an abstract of their substance, signed by himself, is appended to the said certificate: If any of the passengers are in bad health, or insufficiently provided with clothing, or if the contracts are unfair, or if there is reason to suspect that fraud

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236

CHINESE PASSENGERS' ACT.

or violence have been practised in their collection or embarcation, he may detain the ship, and if he shall think fit, may order all or any of the passengers to be re-lanlei

SCHEDULE (B.)

Emigration Officer's Certificate, &c.

I hereby authorize the Chinese passenger ship

sea for the port of

can legally carry

adults, viz:— children, and

to proceed to ; and I certify that the said ship

adults, and that there are on board

passengers making in all

men,

women,

mal

female children, such children being between the ages of one and twelve years; that the space set apart and to be kept clear for the use of described the Space]; that the ship is properly manned and fitted, and that the means of superficial feet, being [here

such emigrants is as follows: On the upper deck ventilating the part of the between deck appropriated to passengers are as follows. [here describe the Means of Ventilation]; that the ship is furnished with a proper quantity of good provisions, fuel, and water for days' issues to the passengers. annexed dietary scale, and with a proper quantity of medicines, instruments, and medical comfort according to the annexed scale of medica according to the * necessaries; that I have inspected the contracts between the emigrants and thei intended employers (the terms of which are annexed to this certificate), and consider them reasonable; that no fraud appears to have been practised in collecting the emigrants: and that there are on board a surgeon [and interpreter] approved b ] [the master of the shij

me, and designated [respectively for water and fresh vegetables.

and

is to put into (Signed)

Dated this

day of

and

SCHEDULE (C.).

Emigration Officer.

Form of bond to be given by the Masters of Chinese Passenger Ships. Kuow all men by these presents, That we are held and firmly bound unto our Sovereign Lady Queen Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, in the sum of one thousand pounds of good and lawful money of Great Britain, to be paid to our said Sovereig Lady the Queen, her heirs and successors; to which payment, well and truly to l made, we bind ourselves and every of us, jointly and severally, for and in the whole. our heirs, executors, administrators, and every of them, firmly by these presents.

Sealed with our Seals.

Dated this

day of

Whereas by the Chinese Passenger Act, 1855, it is enacted, that before any Chinese passenger ship shall clear out or proceed to sea on a voyage of more than seven days' computed duration, the master thereof shall, with two sufficient sureties to be approved by an emigration officer, enter into a bond to Her Majesty, her heirs and successors, in the sum of one thousand pounds.

Now the condition of this obligation is this, that if (in respect of the ship is master) all and every of the requirements of the said Chinese Passenger Act, and of the regulations contained in Schedule (4.) to the said

whereof

9 Act annexed, or enacted by the Legislature of Hongkong, shall be well and truly observed and performed [§ in like manner as the same ought to be observed and performed in case the said ship were a British ship, and the said

a British

subject], then this obligation to be void, otherwise to remain in full force and effect.

* The scales must be those prescribed by the Regulations in Schedule

In case the ship has been authorized to proceed without en Interpreter, omit the Part between Brackets, aud

add "and that the ship has been authorized to proceed without an Interpreter."

The Part between Brackets is to be inserted or not as may be required. This clause to be inserted only in the case of a Foreign Chinese Passenger Ship.

CHINESE PASSENGERS' ACT.

Signed, sealed, and delivered by the above-bonuden

Presence of

No. 13. JOHN BOWRING.

PROCLAMATION.

237

ind

, in the

By His Excellency Sir JOHN BOWRING, Knight, LL.D., Governor and Commander- in-chief of the Colony of Hongkong and its dependencies, and Vice-Admiral of the ume, Her Majesty's Plenipotentiary, and Chief Superintendent of the Trade of British ubjects in China, Whereas by an Act of the Imperial Parliament of Great Britain and Ireland ussed in this the eighteenth and nineteenth years of Her Majesty's reign, entitled An Act for the Regulation of Chinese Passer jer Ships, under the third cause thereof it is enacted, that "it shall be lawful for the Governor of Hongkong to declare by pro- clamation" for the purposes of this act, what shall be deemed to be the duration of the "voyage of any Chinese passenger ship:”—

Now, therefore I, Sir JOHN BOWLING, Governor as aforesaid, by this my proclama- tion issued for that purpose, do declare that the following shall be the rule of com- itation by which the length of the voyage of any ship carrying Chinese passengers from Hongkong to the several places hereinafter mentioned shall be computed, for the purposes of the act above referred to; that is to say :—

PASSAGE FROM HONGKONG TO THE UNDERMENTIONED PLACES FOR

SHIPS PROPELLED BY SAILS, IN THE MONTHS OF,-

California, or West Coast of America North of the Equator...100 days. West Coast of America South of the Equator.

Sandwich Islands

New Caledonia; and

Island, Feejee Islands,} 100

Tahiti, Society or Friendly Island.

Sydney, Melbourne, or South Australia,

Western Australia..

Van Dieman's Land..

New Zealand.

Manila..

Singapore. Batavia. Ceylon..

Madras or Calcutta. Bombay

Mauritius or Bourbon.

Cape of Good Hope.

West Indies. or East Coast of America Great Britain or Europe..

Siam..

October to April tu March. September.

[both inclusive.} 75 days.

120 75

120

100

80 "

دو

188888243 8

168

184

147

162

Given under my hand and Seal of the Colony, at the Government Offices, Victoria, Hongkong, this 26th day of January, in the year of our Lord one thousand eight hundred and fifty-six, and in the nineteenth year of Her Majesty's reign.

No. 18.

By His Excellency's Command,

(Signed) W. T. MERCER,

GOVERNMENT NOTIFICATION.

Colonial Secretary.

In continuation of Government Notification No. 13, it is hereby further intimated that the "Chinese Passengers' Act. 1855," has now been officially communicated to

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238

CHINESE PASSENGERS' ACT.

this Government, and His Excellency the Governor desires to point out for gener information that in consequence of an alteration made in the House of Lords, 11 "note" to Schedule A has become inconsistent with the body of the Act, and that the penalty for breach of the Act of the regulations has been reduced from forfeiture the ship and a fine, to a misdemeanor. By Order,

Colonial Secretary's Office, Victoria,

Hongkong, 4th February, 1855.

JOHN BOWRING.

PROCLAMATION.

CHINESE PASSENGERS' ACT.

And I do further declare, that the allowance of---

"Salted vegetables or pickles- lb. per diem,”

241

in the Dietary Scale, under Schedule A. of the aforesaid Act, shall hereafter be alter? i

alternate

days.

Salted vegetable or pickles, 11. Pickles or pickled vegetables, nof-salted, ¦ lb.,

Gaven under my hand and Seal of the Colony, at the Government Offices, Victoria, Hongkong, this 12th day of March, in the year of our lord one thousand eight hundred and fifty-seven, and in the twentieth year of Her Majesty's reign. By His Excellency's Command,

W. T. MERCER, Colonial Secretory

| L.S.]

By lis Excellery Sir Joux BowRING, Knight, LL.D., Governor and Con mander-in-chief of the Colony of Hongkong and its dependencies, and Vice-Admira. of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the trade. British subjects in China.

Whereas, by an Act of the Imperial Parliament of Great Britain and Ireland. passed in the eighteenth and nineteenth years of Her Majesty's reign, entitled An A for the Regulation of Chinese Passengers' Ships, under the third clause thereof it is enacted, that "it shall be lawful for the Governor of Hongkong to declare by pro clamation, for the purposes of this Act, what shall be deemed to be the duration of the voyage of any Chinese passengers :-

Now therefore, I, Sir JOHN BOWRING, Governor as aforesaid, by this my proclama tion issued for that purpose, do declare that the following shall be the rule of com putation by which the length of the voyage of any ship carrying Chinese passenger from Shanghai, Ningpo, Foochow, and Amoy, to the several places hereinafter mer tioned, shall be computed for the purposes of the act above referred to; that is to say:- COMPUTATION OF LENGTH OF VOYAGE IN ANY CHINESE PASSENGER SHIP FROM THE NORTHERN PORTS OF CHINA TO THE UNDERMENTIONED PLACES.

To California or West Coast of America, North of

the Equator.....

West Coast of America, South of the Equator.......

Sandwich Islands.....

New Caledonia, New Hebrides, Fejee Islands, Ta-7

From

Shanghai and Foochow.

Ningpo.

Amoy.

Oct. to Apr. to Oct. to Apr. to Oct. to Apr. to Mar. Sept. Mar. Sept. Mar. | Sept..

102

من

Both inclusive. Both inclusive. Both inclusive.

90 |

73 1

100

115

117

115

70!

105

125

103

107

biti, Friendly Islands...

Sydney, Melbourne, or South America.

100

Western Australia....

50 80

Van Dieman's Land ..............................................................

100

New Zealand.

110

100

Manila.....

Singapore..

Batavia.

Ceylon.....

Madras or Calcutta.......

Bombay.

100

Mauritius or Bourbon ....

100

Cape of Good Hope.

105

સો

West Indies or East Coast of America.

152

188

150

148

173

Great Britain or Europe..

167

204

163

194

163

190

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W. T. BRIDGES,

GOD SAVE THE QUEEN.

Acting Colonial Secretary.

GOVERNMENT NOTIFICATION.

It is hereby notified for the information of masters of ships carrying Chinese pas- sengers, and unprovided with the improved appliances usually found in vessels of modern Construction, and generally for the information of all interested, that in addition to a windsail for every hatchway, it is required that a constant supply of fresh air be ensured to the between decks in bad weather, by fitting at each end of space set apart for passengers, two funnels of wood or metal, four in all, with moveable heads in manner following, that is to say the body of the air funnel to reach from underneath the lowermost deck over-head to a height of 3 or 4 feet above the uppermost deck, and to pass through holes cut for the purpose in either side of the deck, and made water- tight by a canvas coat or other suitable means. The attention of the emigration officer has been called to the regulation.

By order,

W. T. MERCER, Colonial Secretory.

Colonial Secretary's Office, Victoria, Hongkong, 22nd April, 1856.

Au Ordinance to explain certain Enactments relating to Shipping. (29th May, 1856.)

No. 9 of 1856.

Whereas by "The Merchant Shipping Act, 1854," and "The Chinese Passengers' Act, 1855," the power to amend the said Acts in their application to this colony is, under certain conditions, reserved to this Legislature, and it is desirable to exercise the aforesaid power in manner hereinafter appearing. Be it enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council

thereof, as follows :~

this colony

Firstly-The British flag may be lawfully used by any Chinese resident within the meaning of Ordinance No. 4, of 1855, on board of any ship or vessel registered in in the name of the said resident under the Ordinance aforesaid. Secondly.Every register, certificate, endorsement, declaration, or bond authorised or required by the said Ordinance, may be proved in any court of justice, or before any person having by law or by consent of parties authority to receive evidence, either by the production of the original, or an examined copy thereof, or by a copy thereof pur- porting to be certified under the hand of the Colonial Secretary or other person who for the time being shall happen to have charge of the original, which certified copy he required to furnish to every person applying at a reasonable time for the same, and ying therefor the sum of one dollar for every such certified copy; and every docu. mant, when so proved as aforesaid, shall be received as prima facie evidence of all the matters therein recited or appearing.

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seeded

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240

CHINESE PASSENGERS' ACT.

Thirdly.—Any Chinese passenger ship clearing out or proceeding to sea from an port in this colony or in China. or within a hundred miles of the coast thereof, on an voyages to any other port or ports, for the purpose of commencing at or from any suci, port or ports as last aforesaid a voyage of more than seven days' duration, shall deemed to have cleared out or proceeded to sea upon the said last-nientioned voyage from the said first-mentioned port within the meaning of "the Chinese Passengers' Act, 1855," This ordinance shall not come into operation until Her Majesty's confirmation

thereof shall have been proclaimed in this colony by His Excellency the Governor.

An Ordinance for Licensing and Regulating Passage Brokers. Brd November, 1857.)

No. 11 of 1857.

Whereas it is expedient to amend existing legislation with reference to emigrants: Be it enacted and ordained by His Excellency the Governor of Hongkong, by and with the advice of the Legislative Council thereof, as follows:-

First.-From and after the passing of this Ordinance, no person shall act as a passage broker or in procuring passengers, for or in the sale or letting of passages in any emigrant ship, unless he shall, with two sufficient sureties to be approved by the emigration officer, have entered into a joint and several bond in the sum of five thousand current dollars to Her Majesty, her heirs and successors, according to the form con- tained in Schedule A., hereunto annexed, which bond shall be renewed on each occasion of obtaining such licence as hereinafter mentioned, and shall be deposited with the emigration officer; nor unless such person shall have obtained a licence to let or sell passages, nor unless such licence shall be then in force; and where different members of the same firm act as passage brokers, each person so acting shall comply with the terms of this section.

Second. Any person wishing to obtain a licence to act as a passage broker, shall make application for the same to the emigration officer, who is hereby authorized (it' he shall think fit) to grant such licence according to the form in Schedule B., hereunto annexed: Provided always that no such licence shall be granted unless such bond as bereinafter mentioned shall have been first entered into: Provided also, that any justice or justices of the peace who shall adjudicate on any offence against the Ordi nance, are hereby authorized to order the offender's licence to be forfeited, and the same shall thereupon be forfeited accordingly; and the said justice or justices making such orders forthwith to cause notice of such forfeiture, in the form contained in the Schedule C., hereunto annexed, to be transmitted to the emigration officer, and such forfeiture shall be exclusive and independent of any other punishment which may be inflicted upon such offender under the provisions of the Ordinance.

pay

Third.- Every persou obtaining such licence as aforesaid, shall to the emigra. tion officer a fee of two hundred current dollars, which the emigration officer is hereby empowered and required to demand and receive upon the issuing of any such licence; and the said emigration officer shall pay over all such fees to the Colonial Treasury, to be applied to the Colonial Revenue.

Fourth. All such licences shall continue in force until the 31st day of December in the present year, in which such licence shall be granted, and for fourteen days afterwards, unless sooner forfeited as herein before mentioned. Provided that any licence granted before the first day of December in the present year, shall continue in force till the 31st day of December, 1858, and fourteen days afterwards.

Fifth. Every passage broker who shall or may receive money from any person, for or in respect of a passage in any emigrant ship, shall give every such person a col tract ticket, under the hand of such passage broker, and stamped with his seal or trade Schedule D., hereunto annexed, and to be accompanied with a translation thereof in

the Chinese language, in plain and legible characters.

CHINESE PASSENGERS ACT.

241

unt of any such passage or for the sale or letting of the whole or any part of the th.-Every such passage broker before he shall receive or take any money on ..commodation of any emigrant ship proceeding from Hongkong, shall produce to the emigration officer the certificate of the master or owner of the ship, in respect of which such passage shall or may have been taken, or the accommodation which shall are been so sold or let, to the effect that such ship has been chartered for the purpose of carrying emigrants, and that he, such passage broker, is authorised to receive payment for such passage, or for the sale or letting of the accommodation in cha ship: and such certificate shall be filed in the office of the emigration officer, and the contents thereof entered in a book to be kept by the emigration officer, for recording therein the contents of such certificates.

Serath.-On every occasion of the delivery to any passenger of such contract icket as aforesaid, the passage broker who shall have engaged to provide each passenger with a passage shall attend with him at the office of the emigration officer, n whose presence the contract ticket shall be delivered to such passenger, and who shall explain to him the true intent and meaning of such contract.

Eighth. No person shall fraudulently alter or cause to be altered, after it is once aed, or shall induce any person to part with or render useless or destroy any such contract ticket during the continuance of the contract which it is intended to evidence.

Ninth. No licenced passage broker shall, as agent for any person, whether a Ecensed broker or not, receive money for or on account of the passage of any passenger n board an emigrant ship, without having written authority to act as such agent, or on the demand of the emigration officer, refuse or fail to exhibit his licence and such written authority: and no person whether as principal or agent shall by any fraud, or by false representation as to the size of the ship or otherwise, or by any false pretence whatsoever, induce any person to engage any passage as aforesaid.

Tenth.-Any violations or disobediences of, or defaults in compliance with, the rovisions of this Ordinance, shall be heard and determined summarily under Ordinance No. 10 of 1844; and on conviction of such offences, the respective offenders shall be sentenced to pay the several penalties, or in default of the payment thereof, to suffer the several fines or imprisonment respectively hereinafter specified:

let.-For every offence against section one, a tine not exceeding four hundred

current dollars, or imprisonment for a term not exceeding six months.

2nd-For every offence against section five, a fine not exceeding four hundred

current dollars, or imprisonment for a term not exceed six months.

3rd. For every offence committed by a passage broker against section six or nne, a fine not exceeding one hundred current dollars, or imprisonment for a term not exceeding three months.

4h.-For every offence committed by a passage broker against section seven, a ine not exceeding one hundred current dollars, or imprisonment for a term not ex-

three months.

eeding

5-For every offence against section eight, a fine not exceeding fifty current

dollars, or imprisonment for a term not exceeding two months.

Eleventh. For the purpose of this Ordinance the term emigrant ship shall mean every ship carrying more than twenty passengers being natives of China, and clearing out for a port or ports not in Chinese empire; the term emigration officer shall include very person lawfully acting as emigration agent, or protector of emigrants in Hong- Kong, and the term passenger shall include all passengers being natives of China.

An Ordinance for providing Hospital accommodation on board Chinese passenger

ships, and for the Medical Inspection of the passengers and crews about to proceed to sea in such ship.

(28th December, 1859),

No. VI. of 1859.

Whereas it is desirable to provide for the allocation of a space on board Chinese passenger ships, for the purposes of a hospital or sick bay, and also for the medical

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CHINESE PASSENGERS" ACT,

inspection of the passengers and crews on board such ships, with a view to the bet securing the health of passengers therein. Be it enacted and ordained by His Eare. lency the Governor of Hongkong, with the advice of the Legislative Council ther

as follows:-

L-In every Chinese passenger ship there shall be a sufficient space properi, divided off to the satisfaction of the emigration officer at the port of clearance, to li used exclusively as a hospital or sick bay for the passengers; this space shall be either under the poop or in the round-house, or in any deck-house which shall be proper built and secured to the satisfaction of such emigration officer, or on the upper tas senger deck, and not elsewhere, and shall in no case be of less dimensions tha eighteen clear superficial feet for every fifty passengers which the ship shall carr Such hospital shall be fitted with bed places, and supplied with proper beds, bedding, and utensils to the satisfaction of such emigration officer, on the upper passenger deck, at the port of clearance, and shall throughout the voyage be kept so fitted and supplied.

II.—In the measurement of the passenger ship, the space for the hospital shall

be included.

III.-No Chinese passenger ship shall clear out or proceed to sea on any voyage of more than seven days' duration until some medical practitioner shall have certified to th emigration officer, and the said emigration officer shall be satisfied, that none of th passengers or crew appear, by reason of any bodily or mental disease, unfit to proceed or likely to endanger the health or safety of others about to proceed in such vessel; and a medical inspection of the passengers for the purpose of giving such certificate shall take place either on board the vessel, or at the discretion of the said emigration officer, at such convenient place on shore before embarkation, as he may appoint; and the master, owner, or charterer of the ship, shall pay to such medical practitioner a sum at the rate of twenty-five current dollars for every hundred persons so examined: Pro- vided, that in case the emigration officer on any particular occasion shall be unable to obtain such certificate as aforesaid, or the attendance of a medical practitioner within a reasonable time, or without payment of an inspection fee at a higher rate than that hereby ordained, then it shall be lawful for said emigration officer to dispense with such medical inspection as aforesaid, and to satisfy himself by his own personal ex amination, for which he shall receive the fee hereinbefore ordained to be paid, of the fit sanitary state of the crew and passengers; provided also that all fees received under this section by the emigration officer, or Colonial Surgeon of Hongkong, shall be, within three days after the receipt thereof, paid over by the officer receiving it into the Treasury to the use of the crown.

IV.-No emigration officer shall give the certificate required by the Chinese Passengers' Act, 1855, in respect of any Chinese passenger ship, unless he be satisfied as aforesaid with the hospital accommodation in such ship provided, and with the sanitary state of the crew and passengers thereto belonging.

V.-This Ordinance shall not come into operation until Her Majesty's confirmation

thereof shall have been proclaimed in this colony by His Excellency the Governor. VI.-In the interpretation of this Ordinance the term Chinese passenger ship sball have the same meaning as is attached thereto under the act of Imperial Parlia ment passed in the eighteenth and nineteenth years of the reign of her present Ma- jesty, known as the Chinese Passenger Act, 1855.

VII.--This Ordinance may be cited for any purpose whatever under the name of

Chinese Passengers' Health Ordinance.

Au Ordinance enacted by the Governor of Hongkong, with the advice of the Legislativ Council thereof, for repealing the "Hongkong Emigration Ordinance, 1867," and better securing the Health and Protection of Emigrants in Chinese Passenger Ships clearing from Hongkong.

No. XII. of 1868.

[13th October, 1868.)

Whereas it has become necessary to repeal the "Hongkong Emigration Ordi

CHINESE PASSENGERS' ACT.

241

ance, 1867," and amend the Provisions for securing the Health of Emigrants Chinese Passenger Ships clearing from Hongkang: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:- I.—The “Hongkong Emigration Ordinance, 1867,” shall be and the same hereby

is repealed.

This Ordinance may be cited for all purposes as "The Hongkong Emigra

tom Ordinance, 1868.”

III.—In the interpretation of this Ordinance the expression "Chinese Passenger Ship" shall mean every ship carrying from any port in the Colony of Hongkong and its Dependencies, more than twenty passengers being natives of Asia on any voyage of more than seven days' duration within the meaning of the "Chinese Passenger Act, 1855," as defined by Section III. of Ordinance No. 9 of 1856.

IV.-The owners or charterers of every Chinese passenger ship shall as soon as such ship is laid on for the conveyance of Chinese emigrants provide a depôt or depots, to be approved of by the Emigration Officer, wherein every intending emigrant by such ship may be lodged, as hereinafter provided, and every such depôt shall be maintained and every emigrant lodging therein shall be supported at the expense of such owners

or charterers.

V.--The owners or charterers of every Chinese passenger ship, or if absent from the Colony their respective agents, shall as soon as such ship is laid on for the conveyance of Chinese Emigrants, give notice in writing of the fact to the Emigration Officer specifying in such notice the name, destination and probable time of departure of such ship, and the depôt or depôts in which the intending emigrants by such ship are lodging or intended to be lodged before the embarkation.

VI.-Every intending emigrant in a Chinese passenger ship shall, unless exempt ed by the Emigration Officer, lodge at the least three clear days previously to his mbarkation in the depôt provided by the owners or charterers of such ship with the approval of the Emigration Officer in pursuance of Section IV.

VII.—Every such depôt as aforesaid shall be under the supervision of the Em- gration Officer who may inspect the same at such times as he shall think fit, and there shall be at all times free ingress and egress allowed to all persons to and from such depôts, from 6 A.M. to 6 P.M.

VIII.-Every Emigration Passage Broker who shall contract with any intending emigrant for a passage in such ship, shall forthwith give notice in writing to the Emigration Officer of every such contract, specifying the name, age and sex of such emigrant and the name of such ship.

IX.-The Governor is hereby authorized to appoint at a salary not exceeding two thousand dollars per annum a medical officer, whose duty it shall be to inspect in- tending emigrants, and to supervise all matters and things in any way relating to the comfort and well-being of such emigrants, both before their departure and on their voyage, and such salary shall be in lieu of all fees.

X.The medical inspection of intending emigrants by a Chinese passenger ship required by Ordinance No. 6 of 1859, shall take place on shore before embarkation as well as on board the said ship after embarkation, and the Emigration Officer shall not grant the certificate required by the "Chinese Passengers' Act, 1855," unless he shail be satisfied that such double inspection has been duly made, or has been dispensed

by the sanction of the Governor.

with

XI.-It shall not be lawful for any emigrant to embark in any Chinese passenger ship, or for the master or other person on board of a Chinese passenger ship to permit any emigrant to embark therein, unless such emigrant shall produce an embarkation permit from the Emigration Officer, who shall not grant the same unless he shall be atisfied that such emigrant has undergone on shore the medical inspection required

to be made before embarkation.

by law

XII.-The medical inspection of emigrants required to be made after their em barkation in any Chinese passenger ship shall take place at such time as the Emigra-

tion Officer sball appoint.

XIII.-The fees heretofore payable to the medical practitioner effecting such

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CHINESE PASSENGEKS' ACT.

inspection shall be paid in the first instance by the emigration passage broker of such ship to the Emigration Officer and by him be paid into the treasury.

XIV-Any Chinese medical practioner properly qualified to the satisfaction of the Colonial Surgeon shall be eligible, with approval of the Governor, for the office of surgeon of a Chinese passenger ship within the terms of Schedule 4 of the Chines Passengers' Act, 1855.”

XV.-All orders of Her Majesty the Queen in Council relating to the quantity of water to be carried by passenger ships having a certain description of condensing apparatus shall apply to the Chinese passenger ships.

XVI-No Chinese passenger ship, unless a vessel propelled by steam, bound to any port Westward of the Cape of Good Hope shall be permitted to clear from any port in the Colony between the months of May and September inclusive.

XVII-No Chinese passenger ship shall clear out or proceed to sea without strictly conforming to the Regulations contained in Schedule A of the "Chinese Passengers' Act, 1855," except so far as the said Regulations are modified or altered by any of the Provisions of this Ordinance, or may be inconsistent therewith; and except as aforesaid the said Regulations shall be and continue in full force and effect.

XVIII-It shall be lawful for the Emigration Officer at any time when he is satisfied that any emigrant who is unwilling to leave the port has been obtained by any fraud. violence, or other improper meane, to land such emigrant and procure him a passage back to his native place, or that from which he was taken, and also to defray the cost of his maintenance whilst awaiting a return passage, and all such expenses with all legal costs incurred shall be recoverable by the Emigration Officer before any Police Magistrate from the emigration passage broker of the vessel in which such emigrant was shipped or intended to be shipped.

XIX.-Whosoever shall unlawfully either by force or fraud take away or detain against his will any man or boy with intent to put him on board a Chinese passenger ship, and whosoever shall with any such intent receive, harbor, or enter into any con- tract for foreign service with any such man or hoy knowing the same to have been by force or fraud taken and obtained as in this section before mentioned, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, or to be imprisoned for any term not exceeding two years with or without hard labor.

XX-Every passage broker shall be liable to make good all penalties and ex- penses chargeable to him under this Ordinance, as fully and in the same manner as he is now liable to make good penalties under Ordinance No. 11 of 1857.

XXI.-The owners or charterers of any Chinese passenger ship and any emigra tion passage broker and any intending emigrant by a Chinese passenger ship and any master or other person in charge of a Chinese passenger ship who shall fail to comply with or commit any breach of the Provisions of the Ordinance so far as they may respectively be bound thereby, and any person granting or knowingly uttering any forged certificate, permit, notice, or other document under this Ordinance, shall without prejudice to any other proceeding civil or criminal he liable upon summary conviction before a Magistrate to a fine not exceeding five hundred dollars, or to im prisomeut with or without hard labor for any term not exceeding six months.

XXII.- This Ordinance shall not come into operation until Her Majesty's con-

firmation thereof shall have been proclaimed to the Colony by the Governor. An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislativ Council thereof, to make further Regulations respecting Chinese Passenger Ships. No. IV. of 1870.

[30th March, 1870.]

Whereas by Section II. of "The Chinese Passengers Act, 1855," it is enacted that it shall be lawful for the Legislature of Hongkong, by any Ordinance to be by them enacted for that purpose, to make regulations respecting Chinese passenger hips subject to the proviso therein contained as to Her Majesty's confirmation of

CHINESE PASSENGERS' ACT.

245

the same; be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:

I.-This Ordinance may be cited for all purposes as "The Hongkong Emigration

Ordinance, 1870.”

II. In the Interpretation of this Ordinance, the expression "Chinese Passenger Ship" shall have the same meaning as that prescribed by Section III of “The Hongkong Emigration Ordinance, 1868."

III.-From and after the passing of this Ordinance, no Chinese passenger ship shall clear out or proceed to sea, and the emigration officer shall not grant the rertificate prescribed by Section IV. of the "Chinese Passengers Act, 1855," unless the master of such ship shall be provided with a license under the hand of the Governor and the public seal of the Colony, to be obtained in manner hereinafter mentioned.

IV. The owners or charterers of every Chinese passenger ship, or if absent from the Colony their respective agents, shall, before such ship is laid on for the conveyance of Chinese emigrants and before any depôt is opened for their reception, apply in writing to the Colonial Secretary for a licence under the hand of the Governor and the public seal of the Colony for the conveyance of such emigrants, and shall furnish all particulars as to the destination of the said ship and as to all other matters relating to the intended voyage and emigration which may be required of them.

V.-All such particulars shall, if so ordered, be verified upon oath bore the emigration officer or any justice of the peace, and every person who shall knowingly furnish untrue particulars shall be liable to imprisonment with or without hard labor, for any period not exceeding six calendar months, and to a fine not exceeding one bundred dollars, either in addition to or in substitution of such imprisonment.

VI. The granting of every such license shall be in the discretion of the Governor in Council and shall be subject to the payment of a fine of one hundred dollars and to such conditions as may from time to time be prescribed under instructions from Her Majesty's Principal Secretary of State for the Colonies. VII-Every license granted under this Ordinance in respect of any Chinese passenger ship shall specify the period within which such ship shall clear out and Provided always that it shall be lawful for the Governor in Council

proceed to sea: from time to time to extend such period. VIII. In case it shall be shown to the satisfaction of the Governor in Council at any time before the departure of a Chinese passenger ship that the master, mate or any other officer of such ship is unfit for the proper discharge of his duties by reason of incompetency or misconduct, or for any other sufficient canse, it shall he lawful for the Governor by order under his hand to discharge and remove such master, mate, or other officer from the said ship, and thereupon the owners or charterers thereof, of their agents, shall forthwith appoint a master or mate, or other officer as the case may be, to be approved by the emigration officer in the place of the one so discharged, and removed as aforesaid.

IX.-In

any of the following cases, namely:

1st.—If it shall appear to the satisfaction of the Governor in Council at any time before the departure of a Chinese passenger ship that the particulars furnished in relation thereto under Section IV. are untrue, or that a condition

licence has been violated;

of the

said

any

2nd. If any Chinese passenger ship shall fail to clear out and proceed to sea, within the period specified in the license granted under this Ordinance, or within such extended period as aforesaid;

3rd.-If the owners or charterers of a Chinese passenger ship shall fail forthwith to appoint a waster, mate or other officer to be approved as aforesaid, in the place of any master, mate or other officer discharged under

Section

VII.;

It shall be lawful for the Governor in Council to revoke the license granted under

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CHINESE PASSENGERS' ACT.

nis Ordinance in respect of such Chinese passenger ship, and to order that the sa tip be seized and detained until the said license and the certificate of the emigration

cficer (if already granted) be delivered up to be cancelled.

X-It shall be lawful for the Governor in Council, to apply the whole or any art of the penalty recoverable in case of the non-observance or non-performanc ui the regulations of this Ordinance under the provisions of Section 4 of the Chinese Passengers Act, 1855," towards the expenses of reconveying to their Lomes intending emigrants by any vessel in respect of which the license granted under this Ordinance shall have been revoked, in manner hereinbefore provided.

X1.--It shall be lawful for the Governor in Council from time to time, to exempt from the operation of this Ordinance, any mail steamers or other vessels which ar subject to the provisions of the "Chinese Passengers Act, 1855;" provided that the Chinese passengers proceeding in such vessels be free emigrants and under n contract of Service whatever.

XII-Nothing in this Ordinance shall be deemed to affect the regulations contained in Schedule A of the "Chinese Passengers Act, 1855,” which shall be and continue in full force and effect as provided by Section XVII. of the "Hongkong Einigration Ordinance, 1868."

XIII.—This Ordinance shall not come into operation until Her Majesty's

confirmation thereof shall have been proclaimed in the Colony by the Governor.

SUMMARY OF CHINESE PASSENGERS ACT.

EMIGRATION OFFICE, HONGKONG, 26th December, 1860. Whereas much iguorance prevails in this port as to the laws and regulations affect- ing Chinese passenger ships, leading to perpetual reference, by ship masters and mer. chants, to the emigration officer, for information on matters of ordinary detail and standing rule: and whereas the laws and regulations alluded to are contained in various imperial acts, local ordinances, and proclamations, and decisions of the emigration commissioners, on matters arising out of the working of the system since it came into force;-(some of which documents are not easily procurable by the parties interested) it is therefore considered expedient by the emigration officer to publish in a condensed form the leading rules in force in this port relating to all private Chinese passenger ships and passengers, and as far as the provisions of the Imperial Act are concerned, to ships chartered by a British government emigration agent.

Any vessel clearing with more than 20 Asiatic passengers, on any voyage of more

Chinese passenger ship" under the Act.

than 7 days' duration, is a I.—The ship laid on for passengers, the master will notify the emigration officer by letter, of the fact, specifying the estimated number of passengers she can carry by surveyor's certificate, her destination, and the name of the licensed passage broker

employed.

Note. After which, the emigration officer will take an early opportunity to inspect

the ship. II. When the full quantity of passengers' provisions is on board, the master shall notify the emigration officer of the fact, who will as soon as possible thereafter. go off and inspect them.

Note. The provisions must be all placed in the between decks or on the upper

deck, and not be stowed away in the hold, until after inspection.

III.-When the ship is ready to receive the passengers on board, the passage broker will bring a written notice to that effect from the master, when a time will he fixed for the attendance of the passengers at this office to have their contract passage tickets explained and signed, in the presence of the broker or his deputy. Note.—This notice must be given at least 24 hours before the passengers appear at this office, and on the same day the master, with two approved sureties. will attend and execute the bond under section 4 of the "Chinese Passengers Act, 1855," and deposit the following documents :— 1.-Government Surveyor's certificate of measurement and seaworthiness.

CHINESE PASSENGERS' ACT.

247

..—Master's certificate relative to Chinese doctor (provided he fails in securing

an European surgeon for a reasonable remuneration). -Certificate under the chop seals of two Chinese apothecaries' shops, vouching

for competency of doctor.

IV-List of provisions and medicines, according to the scale laid down in the

A signed by the master.

Certificate of a resident physician that he has examined the medicines, that

Ley are good, and in accordance with the requirements of the Act.

VI-Passenger list in duplicate, with a summary attached, specifying the mbers respectively of passengers, under the Act, cabin passengers, crew, including aster and all persons on ship's articles; showing total number of souls on board,

ned by master.

Note.-Chinese cooks, stewards, interpreter, doctor, &c., are invariably passengers, herthed and fed with the others, although borne by law on the ship's articles for purposes of discipline. In future, their names, with their rating on board will appear at the end of the passenger lists, and they will be included in the gross number that the ship can carry, but numerically they will be entered, as heretofore, under the head of "crew on ship's articles.” About 4 cooks and stewards to every 100 passengers has been the rule. VII.-Either at this time or after the passengers are collected on board they must be inspected individually by a resident surgeon, who must also inspect the crew and give his ertificate that none appear, by reason of any bodily or mental disease, unfit to proceed or likely to endanger the health or safety of other persons about to proceed, in such vessel. VIII.-The master will give notice when all the passengers are on board, and

when he wishes to clear for sea.

Note. The broker must personally assure himself that every passenger is on board and report to that effect, after which the emigration officer will proceed on board, muster and count the passengers, and make a final inspection of the ship. After this is done, and not before, the ship is at liberty so shift ber berth, if it is desired; the master mentioning the fact to the Harbour- Master; who will then deliver to him his emigration papers and port clearance.

In the fitting up and equipment of Chinese passenger ships, the following general

rules will obtain,— I.-Ships with full compliment of passengers, shall carry boats according to the

following scale, or size and description, approved by the emigration officer:-

Less than 200 Tous Register.

-400 600

1,000

200 to

400

600

and upwards

1,000 1,500

1,500

2 Boatx. 3

Note.-In every case one boat must be a properly fitted life boat, and one a long

boat.

II.-Ships must carry at least 2 life buoys, slung, prepared for sudden emergencies. III.-In the absence of a forcepump and hose, reaching fore and aft, a ship must

be provided with not less that dozen buckets, in case of fire. IV-Every hatchway leading into passengers' quarters must be covered by a well secured house about six feet high, having as much ventilation as is compatible with strength, and being water tight. The hatches are not to be closed during the voyage, unless stress of weather demands it.

Note. When women are carried, they must have a separate hatchway entrance,

apart from the males; and the male and female quarters must be divided by

a strong bulkhead with no door or aperture in it, The female quarters must be aft, as also the water closets for their use.

V-The berths, cooking cabooses, water closets, &c., must be all properly secured,

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CHINESE PASSENGERS ACT,

and the master must provide himself with two or three spare rice boilers, as they

very brittle, and liable to accident.

Lit

VI.—In the very important particular of ventilation, the Government Notification

No. 15, of the 22nd April, 1856, is republished nere, being not generally known.

No. 15.

GOVERNMENI NOTIFICATION.

It is hereby notified for the information of masters of ships carrying Chinese passengers, and unprovided with the improved appliances usually found in vessels of modern construction, and generally for the information of all interested, that in addition to a windsail for every hatchway, it is required that a constant supply of fres air be ensured to the between decks in bad weather, by fitting, at each end of the space set apart for passengers, two funnels of wood or metal, four in all, with moveabl heads, in manner following, that is to say-the body of the air funnel to reach from underneath the lowermost deck overbead to a height of 3 or 4 feet above the uppermo deck, and to pass through holes cut for the purpose in either side of the deck, and made water-tight by a canvas coat or other suitable means.

Tue attention of the emigration officer has been called to the above regulation.

By Order.

W. T. MERCER, Colonial Secretary.

Colonial Secretary's Office, Victoria, Hongkong, 22nd April, 1856. Note.--This regulation will be strictly enforced in every vessel crossing the tropics. Aud no vessel in which any part of the passenger deck is in total darkness, requiring artificial light, consuming oxygen, will be passed by the emigration officer as fit to carry passengers

Other questions affecting Chinese passenger ships, such as length of voyages, regulating supply of provisions; cabin passengers; description and stowage of cargo; stowage of water, &c., &c., and many items of detail differing in vessels of different tonnage and build, and in those carrying a greater or less number of passengers, cau be settled definitely on application to the emigration officer at this office. A. L. INGLIS. Emigration Officer.

NOTIFICATION.

Considerable difficulty and many disputes having arisen during the last emigra tion season consequent où the authorities at San Francisco having determined to enforce the operation of the United States' law on emigrant vessels arriving at that port: The undersigned deems it right to advise charterers and masters of ships con- vering Chinese emigrants to ports in the United States, that, although they have an undoubted right to clear hence under British law, it will be better for them, until the laws of the two countries on Chinese emigration be assimilated, that they should not enter into engagements to convey more passengers in their ships than will meet the requirements of the laws of the country to which they are proceeding.

The following extract from the United States' Passenger Act of 1855, is published

for the information of those concerned :—

SEC. 1.-Tonnage Check, Computation of Children.

No greater number of passengers is to be carried than 1 to 2 tons. In the con- putation of passengers, infants under 1 year old are to be excluded, and two children between 1 and 8 years are to count as oue passenger.

Space Check.

Where the height between decks is not less than 7 feet, 14 superficial feet are to be allowed to each passenger; where less than 73 feet, but not less than 6 feet, 16 ..and 18 superficial

superficial feet are to be allowed to each passenger,. feet on the lower deck, not being an orlop deck.

CHINESE PASSENGERS AUT.

Space to Passengers on different Decks.

240

No passengers are to be carried on a deck less than 6 feet high. Any master liable to a fine of fifty dollars and six months' imprisonment for each passenger in arrying more passengers than here allowed will be guilty of a misdemeanor, and be

excess.

H. G. THOMSETT, R.N., Emigration Officer, de

Emigration Office, Hongkong. 6th September, 187).

RULES

UNDER WHICH HOUSES FOR THE RECEPTION OF CHINESZ EMIGRANTS TO FOREIGN COUNTRIES MAY BE OPENED

AT THE CITY OF CANTON.

I--The applicant, for permission to open an emigration house, shall furnish the Consul of the nation to which he belongs, for the information of His Exceliency the Governor-General, with written particulars as to his name, nation, and the extent and character of his intended operations.

II.-The applicant will also furnish copies of all the rules, of whatever description, ander which he proposes to conduct the emigration, or to regulate the business of the emigration house; as well as all conditions or terms under which he proposes to engage the emigrants. All such rules must receive the approval of the Governor-General and the Consul before they can be carried into effect, any new regulation or alteration in the old rules, that the person conducting the emigration may at any time think it necessary to adopt, must in the same way be first submitted to, and approved by, the jovernor-General and the Consul, before being enforced or acted on. No notice

can be issued, or in any manner made public by emigration agents in the city or environs of Canton, without the previous sanction of the Governor-General and the Consul. The person in charge of the emigration house is to employ such number of servants or watchmen as may from time to time be found necessary to maintain order during day and night throughout his premises; and every person employed in the emigration house, whether foreign or Chinese, is to be registered in the maner appointed by the Governor-General.

III.-Copies of all the said rules and regulations when so approved of by the Governor-General and the Consul, as well as of all the conditions or terms under which emigrants are to be engaged, are to be posted in such manner that they can be easily seen and read, at all the entrances to the emigration house, as well as in the quarters occupied the emigrants.

IV. The proprietors of emigrant depôts shall provide suitable office accommoda- tion within their houses for the inspecting officers, appointed by the Governor-General, in the performance of their duties. The emigration house will be visited daily by the uspecting officers and their assistants. The emigration agent will at each visit produce before the officers such applicants for emigration as may have presented themselves, and will note in his own register, the name, age, sex, and residence of each applicant, with such other particulars as may be deemed necessary. The inspecting officers will see that each emigrant is provided with a copy of the contract under which it is pro- losed to engage him, which must be read over and explained to him in their presence, and they will see that all information which may be required is fully afforded to each applicant. They will also inspect the quarters of the emigrants, and see that careful attention is paid to their health, comfort, and cleanliness.

in the event of the houses or depôts for emigrants in both sexes, the accommodation for females or families is to be separate from that provided for single male emigrants,

and to be so

arranged as to ensure decency, and such privacy as they may reasonably

claim. The door of the emigration house will be opened at sun-rise and closed again

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CHINESE PASSENGERS' ACT.

at sunset, and free egress and ingress, without any let or hindrance whatever, will l allowed to all the emigrants residing in the emigration house within certain hours cach day, to be approved by the inspecting officers.

V.In the event of any emigration agent having to complain of improper conduct or of any offence on the part of the inmates of his house, he is at liberty to place and ep the offender in confinement until visited by the inspecting officers, who will dire im as to the course to be pursued, but punishment must only be carried out in th -pôt when the Governor-General sees fit to sanction the same through the inspectors. VI.—The inspection of registered applicants for emigration shall take place ever afternoon, and the signing of contracts twice during the week, or as often as the insper. urs deem necessary. No emigrant shall be called upon to sign his contract until fou

shall have elapsed since the date of his registration by the inspecting officers. VII. The contracts will be signed in each establishment in the presence of the inspecting officers. The day should be notified by the emigration agent to the consul of le nation to which he belongs. Each emigrant as he is brought up will be asked by the inspecting officers if he accepts the term of his contract, and whether he is willing to sign. No contract can be signed at any time by the emigrant except with his full consent, and after stating his willingness to sign; and before signing, the contract will e read to the emigrant for the last time in presence of the inspecting officers. The advances stipulated for in the contract shall be paid to the emigrant at the time he signs his contract, and he will not then be allowed to quit the depôt, except with the special consent of the agent who engages him, and who will be at liberty to cause bim to embark on the same day.

VII.—A list in the annexed form, to be called a “Shipping List," shall be kept in each emigration house. The emigration agent will fill in the same as the emigrants Lave signed their contracts, and the signature of the inspecting officers to the emigrant's contract, and to the "Shipping List," at the foot of all the entries made on each shipping day, shall be the warrant of the emigration agent for the shipment of the said emigrants. As soon as the emigration agent reports to the inspectors that the ship has completed the embarkation of emigrants, the inspectors will close the "Shipping List" of the said vessel, by certifying at the foot of it that all the emigrants therein. named have been engaged according to the regulations, and the emigration agent will at the same time pay into the Hai-Kwan Bank, as the cost of the inspection, the sun of two dollars for each male adult named in the "Shipping List," and receive a receipt for this money, and will then immediately place the "Shipping List" in the hands of the Superintendent of Customs, who is charged by the Governor-General to see that every emigrant ship is visited by the Customs officers as soon as the “Shipping List" is placed in their hands, and to issue the clearance of the ship, when they shall have ascer tained that no other emigrants than those named in the "Shipping List" are on board. IX.-The Governor-General, in communication with the Consul, reserves to himself the power of demanding the surrender of an emigrant after embarkation, and if both see fit, of releasing him from his contract whenever circumstances, in their opinion, justify such a proceeding. In all cases in which an emigrant is restored on the demand of the Governor-General, the emigration agent will be repaid the advance received by the emigrant, and such additional sum, not exceeding eight dollars, to cover the expenses of clothing and maintenance, during the period of the emigrant's residence in the emigration house or on board ship.

X.-All persons employed by an emigration agent to collect emigrants, must be registered at the offices of the Governor-General and the Consuls, and receive a special head money, or remuneration of any kind to be paid by an emigration agent to any pass from the former authorizing them to be so employed; nor is any bounty, Par one bringing emigrants to his depôt, except such person be duly registered and authorized as aforesaid. The emigration agent will be held strictly responsible t

any irregularity, or infringement of law, or of regulations, on the part of bis

subordinates.

XI.-The agents of emigration houses in Canton will obtain from the Custom House Authorities a certificate as to the general fitness of any vessels which have been

CHINESE PASSENGERS' ACT.

251

chartered for the conveyance of emigrants from the port. The certificate will state e number of emigrants for whom accommodation is provided, the extent and quality such accommodation, an opinion as to the seaworthiness of the vessel, and the Until the certificate has been obtained, no agent will receive

Camber of boats carried.

mission to embark emigrants on board any ship.

XII.-It is in the power of the Governor-General and Consul to establish from e to time such further rules as may be judged necessary for the proper regulation the emigration, and the well being of the emigrants.

XIII. The infraction of any of the above, or other rules that may be established

in the manner aforesaid shall be punishable either by fiue levied on the person con- deting the emigration, or by closing the enigration house.

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AMERICAN PASSENGERS' ACT.

CRAN ( CXIII.¬A» Art to Regulate the Carriage [Mørch 3, 1855) of Passengers in Steam-si ips and other Vessels.

poop

Be it enacted by the Sente ord Home› of Popresentatives of the United State. America in Congress Assembled, That no master of any vessel owned in whole or in far: by a citizen of the United States, or by a citizen of any foreign country, shall take on bard such vessel, at any foreign port or place other than foreign contiguous territory of the United States, a greater number of passengers than in proportion of one to every two tons of such vessel, not including children under the age of one year in the computation, and computing two children over one and under eight years of age as one passenger. That the spaces appropriated for the use of such passengers, al which shall not be occupied by stores or other goods not the personal baggage of such passengers, shall be in the following proportions, viz.:~On the main and decks or platforms, and in the deck houses, if there be any, one passenger for each sixteen clear superf. feet of deck, if the height or distance between the decks or platform shall not be less than six feet; and on the lower deck (not being an orlop deck.) if any, one passenger for eighteen such clear superficial feet, if the height or distance between the decks or platforms shall not be less than six feet, but so as that no passengers shall be carried on any other deck or platform, nor upon any deck where the height or distance between decks is less than six feet, with intent to bring such passengers to the United States, and shall leave such port or place and bring th same, or any number thereof, within the jurisdiction of the United States: or if any such master of any vessel shall take on board his vessel, at any port or place within the jurisdiction of the United States, any greater number of passengers than in the proportion aforesaid, to the space aforesaid, or to the tonnage aforesaid, with intent carry the same to any foreigu port or place other than foreign contiguous territory as aforesaid, every such master shall be deemed guilty of a misdemeanor, and, upon con viction thereof, before any circuit or district Court of the United States, shall, for each passenger taken on board beyond the limit aforesaid, or the space aforesaid, be fined in the sum of fifty dollars, and may also be imprisoned, at the discretion of the judge before whom the penalty shall be recovered, not exceeding six months; but should it be necessary, for the safety or convenience of the vessel, that any portion of her cargo, or any other article or articles, should be placed on, or stored in, any of the decks, cabins or other places appropriated to the use of passengers, the same may be placed in lockers or enclosures prepared for the purpose on an exterior surface impervious to the waves, capable of being cleansed in like manner as the decks or platforms of the vessel. 1 no case, however, shall the places thus provided be deemed to be a part of the space allowed for the use of passengers, but the same shall be deducted therefrom, and in all cases where prepared or used, the upper surface of the said lockers or enclosed spaces shall be deemed and taken to be the deck or platform from which measurement a hospital, in the

be made for the purposes of this Act. It is also provided, that one spaces appropriated to passengers, and separate partition, and when used mas included in the space allowable for passengers, but the same shall not occupy more than one hundred superficial feet of deck or platform: Provided, That on board two- deck ships, where the height between the decks is seven and one half feet or more, fourteen clear superficial feet of deck shall be the proportion required for each passenger.

AMERICAN PASSENGERS' ACT.

253

sge. 1 — And in it further enacted, That no such vessel shall have more than two

ups of

m beneath, simll not be less than nine inches, and the berths be well constructed, arallel with the siles of the vessel, and separated from each other by partitions, as berths ordinarily are separated, and shall be at least six feet in length, and at least wo feet in width, and each berth shall be occupied by no more than one passenger; donble berths of twice the above width may be constructed, each berth to be cupied by no more, and by no other, than two women, or by one woman and To children under the age of eight years, or by husband and wife, or by a man and of his own children under the age of eight years, or by two men, members of

the same family; and if there shall be any violation of this section in any of its provi , then the master of the vessel, and the owners thereof, shall severally forfeit and er the sum of five dollars for each passenger on board of said vessel on such voyage, be recovered by the United States in any port where such vessel may arrive or depart. SEC. 3.-And be it further enacted, That all vessels, whether of the United States or y foreign country, having sufficient capacity or space, according to the law, for fifty or more passengers, (other than cabin passengers,) shall when employed in transporting sach passengers between the United States and Europe, have on the upper deck, for the use of such passengers, a house over the passage way leading to the apartments lotted to such, with two doors, the sills of which shu be at least one foot above the deck, so constructed, that one door or window in such house may at all times be left en for ventilation; and all vessels so employed, and having the capacity to curry one hundred and fifty such passengers or more, shall have two such houses; and the stairs or ladder, leading down to the aforesaid apartment, shall be furnished with a band-rail of wood or strong rope; but booby hatches may be substituted for such

bruses.

SEC. 4.—And be it further enacted, That every such vessel so employed, and having the legal capacity for more than one hundred such passengers, shall have at least two ventilators to purify the apartment or apartments occupied by such passengers; one of #hich shall be inserted in the after part of the apartment or apartments, and the other shall be placed in the forward portion of the apartinent or apartments, and one of them shall have an exhausting cap to carry off the foul air, and the other a receiving cap to carry down the fresh air, which said ventilators shall have a capacity proportioned to the size of the apartment or apartments, which will lawfully authorize the reception of two hundred such passengers, the capacity of such ventilators shall each be equal to a tabe of twelve inches diameter in the clear, and in proportion for larger or smaller apart- ments, and all said ventilators shall rise at least four feet six inches above the upper deck of any such vessel, and be of the most approved form and construction; but if it shall appear, from the report, to be made and approved, that such vessel is equally well entilated by any other means, such other means of ventilation shall be deemed and held to be a compliance with the provisions of this section.

SEC. 5.—And be it further enacted, That vessels carrying more than fiity such passengers shall have for their use on dec, housed and conveniently arranged, at least one caboose, or cooking range, the dimensions of which shall be equal to four feet long be made in the manner aforesaid, in this ratio, for a greater or less number of and one foot six inches wide for every two hundred passengers; and provisions shall sengers, but nothing herein contained shall take away the right to make such rangements for cooking between decks, if that shall be deemed desirable. SEC. 6.—And be it further enacted, That all vessels employed as aforesaid, shall have on board, for the use of such passengers, at the time of leaving the last port whence such ressed shall sail, well secured under deck, for each passenger, at least twenty pounds of good navy bread, fifteen pounds of rice, fifteen pounds of oatmeal, ten pounds of wheat sixty gallons of fresh water, ten pounds of salted pork, and ten pounds of salt beef, free dour, fifteen pounds of peas and beans, twenty pounds of potatoes, one pint of vinegar, of bone, all to be of good quality; but at places where either rice, oatmeal, wheat flour, ur peas and beans cannnot be procured, of good quality and ou reasonable terms, the antity of either or any of the other last named articles may be increased and

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AMERICAN PASSENGERS' ACT.

substituted therefore; and, in case potatoes cannot be procured on reasonable terms, pound of either of said articles may be subsituted in lieu of five pounds of potatoes, and captains of such vessels shall deliver to each passenger at least one-tenth part o the aforesaid provisions weekly, commencing on the day of sailing, and at least thr quarts of water daily; and if the passengers on board of any such vessel in which t provisions and water herein required shall not have been provided as aforesaid, sha at any time be put on short allowance during any voyage, the master or owner of at: such vessel shall pay to each and every passenger who shall have been put on slo allowance, the sum of three dollars for each and every day they may have been patt short allowance, to be recovered in the circuit or district court of the United States and it shall be the duty of the captain or master of every such ship or vessel to caus the food and provisions of all the passengers to be well and properly cooked daily. aui to be served out and distributed to them at regular and stated hours, by messes, or in such other manner as shall be deemed best and most conducive to the health an comfort of such passengers, of which hours and manner of distribution, due and suth cient notice shall be given. If the captain or master of any such ship or vessel, sha! wilfully fail to furnish and distribute such provisions cooked as aforesaid, he shall ).- deemed guilty of a misdemeanor, and upon conviction thereof before any circuit or district court of the United States, shall be fined not more than one thousand dollars, and shall be imprisoned for a term not exceeding one year: Provided, That enforcement of this penalty shall not affect the civil responsibility of the captain or master and owners, to such passengers as may have suffered from said default.

SEC. 7.-And be it further enacted, That the captain of any such vessel so employed, is hereby authorized to maintain good discipline and such habits of cleanliness among such passengers as will tend to the preservation and promotion of health; and to tha end he shall cause such regulations as he may adopt for this purpose to be posted up, before sailing, on board such vessel, in a place accessible to such passengers, and shali keep the same so posted up during the voyage; and it is hereby made the duty of the said captain to cause the apartments occupied by such passengers to be kept at all times in a clean, healthy state; and owners of every such vessel so employed, are required to construct the decks and all parts of said apartment so that it can be thoroughly cleansed; and they shall also provide a safe, convenient privy or water- closet for the exclusive use of every one hundred such passengers. And when the weather is such that said passengers cannot be mustered on deck with their bedding. it shall be the duty of the captain of every such vessel to cause the deck, occupied by such passengers, to be cleansed with chloride of lime, or some other equalis efficient disinfecting agent, and also at such other times as said captain may deem

necessary.

SEC. 8. And be it further enacted, That the master and owner or owners of arr such vessel so employed, which shall not be provided with the house or houses over the passenger-ways, as prescribed in the third section of this chapter, or with ventilators, as prescribed in the fourth section of this chapter, or with the cabooses or cooking rang with the houses over them, as prescribed in the fifth section of this chapter, shal severally forfeit and pay to the United States, the sum of two hundred dollars for each and every violation of, or neglect to conform to, the provisions of each of said sections, and fifty dollars for each and every neglect or violation of any of the provisions of the seventh section of this chapter, to be recovered by suit in any circuit or district cont of the United States within the jurisdiction of which the said vessel may arrive of from which she may be about to depart, or at any place within the jurisdiction of such courts, wherever the owner or owners, or captain of such vessel may be found.

SEC. 9.—And be it further enacted, That the collector of the customs at any port of the United States, at which any vessel so employed shall arrive, or from which any such vessel shall be about to depart, shall appoint and direct one or more of the inspectors of the customs for such port, to examine such vessel, and report in writing to such collector, whether the requirements of law have been complied with in respect to such vessel; and if such report shall state such compliance, and shall be approved

thereof.

AMERICAN PASSENGERS' ACT.

passengers,

The liens of this act, relating to the space in vessels appropriated to the use of Sec. 10.—And be it further enuetal, That the provisions, requisitions, penalties, ant are hereby extended and made applicable to all spaces appropriated to the use of steerage passengers in vessels propelled in whole or in part by steam, and navigating from, to, and between the ports, and in manner as in this Act named, and to such vessels au the masters thereof; and so much of the act entitled "An act to provide for th inter security of the lives of passengers on board of vessels propelled in whole or in art by steam, and for other purposes, approved August thirtieth, eighteen hundre l fity-two, as conflicts with this Act, is hereby repealed: and the space appropriated to the use of steerage passengers in vessels so as above propelled and navigated, is hereby subject to the provision and inspection of the collector of the customs at any port of the United States at which any such vessel shall arrive, or from which she shall e about to depart; at the time shall be examined and reported in the same manner and by the same officers by the next preceding section directed to examine and report. Sec. 11.—And be it further enacted, That the vessels bound from any port in the l'aited States to any port or place in the Pacific Ocean, or ou its tributaries, or from such port or place to any port in the United States on the Atlantic or its tribu- taries, shall be subject to the foregoing provisions regulating the carriage of passengers in merchant vessels, except so much as relates to provisions and water; but the owners and master of all such vessels shall in all cases furnish to each passenger the daily supply of water therein mentioned; and they shall furnish a sufficient supply of good And wholesome food, properly cooked, and in case they shall fail to do, or shall provide unwholesome or unsuitable provisions they shall be subject to the penalty provided in the sixth section of this chapter; in case the passengers are put on short allowance of water or provisions.

auy

SEC. 12.-And be it further enacted, That the captain or master of any ship or vessel

arriving in the United States, or any of the Territories thereof, from any foreign place whatever, at the same time that be delivers a manifest of the cargo, and if there be no cargo, then at the time of making report or entry of the ship or vessel, pursuant to law. shall also deliver and report to the collector of the district in which such ship or vessel shall arrive, a list or manifest of all the passengers taken on board ofthe said ship or vessel at any foreign port or place; in which list or manifest it shall be the duty of the said master to designate particularly the age, sex, and occupation of the said passengers respectively, the part of the vessel occupied by each during the voyage, the country to which they severally belong, and that of which it is their intention to become inhabi. tants; and shall further set forth whether any and what number have died ou the royage; which list or manifest shall be sworn to by the said master, in the same manner as directed by law in relation to the manifest of the cargo; and the refusal or aeglect of the master aforesaid to comply with the provisions of this section, or any part thereof shall incur the same penalties, and forfeitures as are provided for a refusal or neglect to report and deliver a manifest of the cargo aforesaid.

SEC. 13.--And be it further enacted, That each and every collector of the customs, to whom such manifest or list of passengers as aforesaid shall be delivered, shall quarter-yearly return copies thereof to the Secretary of State of the United States, by whom statements of the same shall be laid before Congress at each and every sessions. SEC. 14.-And be it further enacted, That in case there shall have occurred on board any ship or vessel arriving at any port or place within the United States or its Territories, any death or deaths among the passengers, (other than cabin passengers), the master, or captain, or owner, or consignee of such ship or vessel, shall, within twenty-four hours after the time within which the report and list or manifest of passengers mentioned in section twelve of this Act, is required to be delivered to the collector of the customs, pay to the said collector the sum of ten dollars for each and every passenger above the age of eight peare, who shall have died on the voyage by natural disease; and the said collector shall Pay the money thus received, at such times and in such manner as the Secretary of the Treasury, by general rules, shall direct to any board or commission appointed by and arrived is situated, for the care and protection of sick, indigent, or destitute emigrants,

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AMERICAN PASSENGERS' ACT.

substituted therefore; and, in case potatoes cannot be procured on reasonable terms, pound of either of said articles may be subsituted in lieu of five pounds of potatoes the aforesaid provisions weekly, commencing on the day of sailing, and at least th and captains of such vessels shall deliver to each passenger at least one-tenth part o quarts of water daily; and if the passengers on board of any such vessel in which.. provisions and water herein required shall not have been provided as aforesaid, sha at any time be put ou short allowance during any voyage, the master or owner of a such vessel shall pay to each and every passenger who shall have been put on sla allowance, the sum of three dollars for each and every day they may have been put short allowance, to be recovered in the circuit or district court of the United State and it shall be the duty of the captain or master of every such ship or vessel to calls the food and provisions of all the passengers to be well and properly cooked daily, aui to be served out and distributed to them at regular and stated hours, by messes, or in such other manner as shall be deemed best and most conducive to the health and comfort of such passengers, of which hours and manner of distribution, due and suff. cient notice shall be given. If the captain or master of any such ship or vessel, sha wilfully fail to furnish and distribute such provisions cooked as aforesaid, he shall ... deemed guilty of a misdemeanor, and upon conviction thereof before any circuit or district court of the United States, shall be fined not more than one thousand dollars, and shall be imprisoned for a term not exceeding one year: Provided, That enforcement of this penalty shall not affect the civil responsibility of the captain or master aud owners, to such passengers as may have suffered from said default.

SEC. 7.—And be it further enacted, That the captain of any such vessel so employed, is hereby authorized to maintain good discipline and such habits of cleanliness among such passengers as will tend to the preservation and promotion of health; and to tha end he shall cause such regulations as he may adopt for this purpose to be posted up, before sailing, on board such vessel, in a place accessible to such passengers, and shali keep the same so posted up during the voyage; and it is hereby made the duty of the said captain to cause the apartments occupied by such passengers to be kept at all times in a clean, healthy state; and owners of every such vessel so employed, are required to construct the decks and all parts of said apartment so that it can he thoroughly cleansed; and they shall also provide a safe, convenient privy or water. And when the

closet for the exclusive use of every one hundred such passengers. weather is such that said passengers cannot be mustered on deck with their bedding, it shall be the duty of the captain of every such vessel to cause the deck, occupied by such passengers, to be cleansed with chloride of lime, or some other equally efficient disinfecting agent, and also at such other times as said captain may deew

necessary.

SEC. 8.-And be it further enacted, That the master and owner or owners of aty such vessel so employed, which shall not be provided with the house or houses over the passenger-ways, as prescribed in the third section of this chapter, or with ventilators. as prescribed in the fourth section of this chapter, or with the cabooses or cooking range with the houses over them, as prescribed in the fifth section of this chapter, shall severally forfeit and pay to the United States, the sum of two hundred dollars for each and every violation of, or neglect to conform to, the provisions of each of said sections, and fifty dollars for each and every neglect or violation of any of the provisions of the seventh section of this chapter, to be recovered by suit in any circuit or district court j of the United States within the jurisdiction of which the said vessel may arrive, of from which she may be about to depart, or at any place within the jurisdiction of such courts, wherever the owner or owners, or captain of such vessel may be found.

SEC. 9.-And be it further enacted, That the collector of the customs at any port of the United States, at which any vessel so employed shall arrive, or from which any such vessel shall be about to depart, shall appoint and direct one or more of the inspectors of the customs for such port, to examine such vessel, and report in writing to such collector, whether the requirements of law have been complied with in respect to such vessel; and if such report shall state such compliance, and shall be approved by such collector, it shall be deemed and held as primâ facie evidence thereof."

SEC. 10.

AMERICAN PASSENGERS' AUT.

211

ie liens of this act, relating to the space in vessels appropriated to the use of passengers, re hereby extended and made applicable to all spaces appropriated to the use of steerage passengers in vessels propelled in whole or in part by steam, and navigating from, to, and between the ports, and in manner as in this Act named, and to such vessels au! the masters thereof; and so much of the act entitled "An act to provide for th etter security of the lives of passengers on board of vessels propelled in whole or in art by steani, and for other purposes," approved August thirtieth, eighteen hundre al fity-two, as conflicts with this Act, is hereby repealed; and the space appropriate i the use of steerage passengers in vessels so as above propelled and navigated, is reby subject to the provision and inspection of the collector of the customs at any rt of the United States at which any such vessel shall arrive, or from which she shall about to depart; at the time shall be examined and reported in the same manner

and by the same officers by the next preceding section directed to examine and report SEC. 11.—And be it further enacted, That the vessels bound from any port in the I'nited States to any port or place in the Pacific Ocean, or on its tributaries, or from any such port or place to any port in the United States on the Atlantic or its tribu taries, shall be subject to the foregoing provisions regulating the carriage of passengers in merchant vessels, except so much as relates to provisions and water; but the owners and master of all such vessels shall in all cases furnish to each passenger the daily supply of water therein mentioned; and they shall furnish a sufficient supply of good and wholesome food, properly cooked, and in case they shall fail to do, or shall provide unwholesome or unsuitable provisions they shall be subject to the penalty provided in the sixth section of this chapter; in case the passengers are put on short allowance of water or provisions.

SEC. 12.-And be it further enacted, That the captain or master of any ship or vessel arriving in the United States, or any of the Territories thereof, from any foreign place whatever, at the same time that he delivers a manifest of the cargo, and if there be no cargo, then at the time of making report or entry of the ship or vessel, pursuant to law, shall also deliver and report to the collector of the district in which such ship or vesse! shall arrive, a list or manifest of all the passengers taken on board of the said ship or vessel at any foreign port or place; in which list or manifest it shall be the duty of the said master to designate particularly the age, sex, and occupation of the said passengers respectively, the part of the vessel occupied by each during the voyage, the country to which they severally belong, and that of which it is their intention to become inhabi- tants: and shall further set forth whether any and what number have died ou the voyage; which list or manifest shall be sworn to by the said master, in the same manner as directed by law in relation to the manifest of the cargo; and the refusal or neglect of the master aforesaid to comply with the provisions of this section, or any part thereof shall incur the same penalties, and forfeitures as are provided for a refusal or neglect to report and deliver a manifest of the cargo aforesaid.

SEC. 13.--And be it further enacted, That each and every collector of the customs, whom such manifest or list of passengers as aforesaid shall be delivered, shall quarter-yearly return copies thereof to the Secretary of State of the United States, by whom statements of the same shall be laid before Congress at each and every sessions. SEC. 14-And be it further enacted, That in case there shall have occurred on board any ship or vessel arriving at any port or place within the United States or its Territories, ally death or deaths among the passengers, (other than cabin passengers), the master, or captain, or owner, or consignee of such ship or vessel, shall, within twenty-four hours after the time within which the report and list or manifest of passengers mentioned in section twelve of this Act, is required to be delivered to the collector of the customs, pay to the said collector the sum of ten dollars for each and every passenger above the age of eight peare, who shall have died on the voyage by natural disease; and the said collector shall y the money thus received, at such times and in such manner as the Secretary of the Treasury, by general rules, shall direct to any board or commission appointed by and

arrived is situated, for the care and protection of sick, indigent, or destitute emigrants,

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AMERICAN PASSENGERS' ACT.

to be applied to the objects of their appointment; and if there be more than o board or commission who shall claim such payment, the Secretary of the Treasury, for the time being, shall determine which is entitled to receive the same, and his decision in the premises shall be final and without appeal; Provided, That the payment shall, in no case, be awarded or made to any board, or commission, or association, formed for the protection or advancement of any particular class of emigrants of any particular nation or creed; and if the master captain, owner, or consignee of any ship or vessel. refuse or neglect to pay to the collecter the sum and sums of money required, and within the time prescribed by this section, he or they shall severally forfeit and the sum of fifty dollars, in addition to such sum of ten dollars, for each and every passenger upon whose death the same has become payable, to be recovered by the United States, in any circuit or district court of the United States where such vessel may arrive, or such master, captain, owner, or consignee may reside; and when recovered, the said money shall be disposed of in the same manner as is directed with respect to the sum and sums required to pay to the collector of customs.

Pay

SEC. 15. And be it further enacted, That the amount of the several penalties im- posed by the foregoing provisions regulating the carriage of passengers in merchant vessels, shall be liens on the vessel or vessels violating those provisions, and such vessel or vessels shall be libelled therefore in any circuit or district court of the United States, where such vessel or vessels shall arrive.

SEC. 16.-And be it further enacted, That all and every vessel or vessels which shall or may be employed by the American Colonization Secretary, or the Colonization Society of any State to transport, and which shall actually transport, from any port or ports of the United States, to any colony or colonies on the west coast of Africa, colored emigrants, to reside there, shall be, and the same are hereby, subjected to the operation of the foregoing provisions, regulating the carriage of passengers in merchant vessels. SEC. 17. And be it further enacted, That the collector of the customs shall examine each emigrant ship or vessel, on its arrival at his port, and ascertain and report to the Secretary of the Treasury the time of sailing, the length of the voyage, the ventilation, number of the passengers, their space on board, their food, the native country of the emigrants, the number of deaths, the age and sex of those who died during the voyage: together with his opinion of the cause of the mortality, if any, on board, and, if none. what precautionary measures, arrangements, or habits are supposed to have had any, and what agency in causing the exemption.

SEC. 18—And be it further enacted, That this Act shall take effect, with respect to vessels sailing from ports in the United States, on the eastern side of the Continent. within thirty days from the time of its approval; and with respect to vessels sailing from ports in the United States on the western side of the Continent, and from ports in Eu- rope, within sixty days from the time of its approval, and with respect to vessels sailing from ports in other parts of the world, within six months from the time of its approval.

Ao it is hereby made the duty of the Secretary of State to give notice, in the ports

of Europe, and elsewhere, of this Act, in such manner as he shall deem proper. SEC. 19. And be it further enacted, That from and after the time that this Act shall take effect with respect to any vessels, then, in respect to such vessels, the Act of second March, eighteen hundred and nineteen, entitled "An Act regulating passenger ships and vessels," the Act of twenty-second of February, eighteen hundred and forty-sevell, "An Act to regulate the carriage of passengers in merchant vessels:" the Act of second March, eighteen hundred and forty-seven, entitled "An Act to amend an entitled Act entitled 'An Act to regulate the carriage of passengers in merchant vessels, and to determine the time when said Act shall take effect;"" the Act of thirty-first January eighteen hundred and forty-eight, entitled "An Act exempting vessels employed by the American Colonization Society in transporting colored emigrants from the United States to the coast of Africa, from the provisions of the Acts of the twenty-second February and second of March, eighteen hundred and forty-seven, regulating the carriage of passengers in merchant vessels;" the Act of seventeenth May, eighteen hundred and forty-eight, entitled "An Act to provide for the ventilation of passenger ." and the Act of third March, eighteen hundred and

vessels, and for, other purposes:

AMERICAN PASSENGERS' ACT.

257

forty-nine, entitled “An Act to extend the provisions of all laws now in force relating to the carriage of passengers in merchant vessels and the regulatious thereof," are hereby revealed. But nothing in this Act contained shall in anywise obstruct or prevent the prosecution, recovery, distribution or reinission of any lines, penalties or forfeitures, which may have been incurred in respect to any vessels prior to the day this Act goes into effect, in respect to such vessels, under the laws hereby repealed, for which purpose the sail laws shall continue in force.

But the Secretary of the Treasury may, in his discretion, and upon such conditions as he shail think proper, discontinue any sach prosecution. or remit or modify such: penalties.

Alraven, March 8. 1875,

EXTRACT OF AN ACT FOR THE REGISTERING, ENROLLING AND LICENSING OF SHIPS OR VESSELS OF THE UNITED STATES.

ilne Faraja built vessels can be owned by Citizens of the Uni'el Sla'or. Art. 73.-On questions submitted to this department, as to what documents cai. be issued under the laws of the United States to foreign built vessels purchased and wholly owned by citizens of the United States, whether purchased of belligerents or neutrals during a war to which the United States are not a party, or in peace, of foreign owners, it has been decided as follows:-

Vessels so purchased and owned are entitled to the protection of the authorities and flag of the United States, as the property of American citizens, although no register, enrolment, licence, or other marine document, prescribed by the United States can be lawfully issued to such vessels.

Art. 74.-To enable, however, the owners of a vessel so circumstanced to protect their rights, if molested or questioned, the collector of the customs, though forbidden by law to grant any marine document or certificate of ownership, may lawfully make record of the bill of sale in his office, authenticate its validity in form and substance, and deliver to the owner a certificate to that effect; certifying, also, that the owner is a citizen of the United States.

Art. 75.-These facts, thus authenticated, if the transfer was in good faith, entitle the vessel to protection as the lawful property of a citizen or the United States; and the authentication of the bill of sale and of citizenship will be prima facie proof of such good faith.

Art. 76.—In all cases, therefore, where the evidence of the purchase of a foreign vessel by a citizen of the United States, with proof of citizenship and of the bona fide character of the purchase, shall be furnished to the collector of the customs, he will, if the proof be satisfactory, and purchase deomed fair, record the bill of sale in his office, and deliver to the party the original, with a certificate endorsed thereon in the following form, to wit;

Collector of the Customs for the Port

of the

in the State of in the United States of America, do hereby certify that the within Bill (here describe the vessel, her

of Sale, bearing date of to

tonnage, denomination, name, &c.), sold and transferred by is, in form and substance, valid and effective in law, und bas been daly recorded in my office; and that the said (naming the owners) are Citizens of the

United States.

As Witness my hand and seal this

Lord 13

day of

in the year of our

[L.8.]

Art. 77.-Before granting such certificate, the collector of the customs will require the tonnage of the vessel to be duly ascertained in pursuance of Law, and insert the same in the description of the vessel in his certificate.

Art. that vessels not registered,

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AMERICAN PASSENGERS' ACT.

enrolled or licensed, under the laws of the United States, wholly owned by citizens there cannot legally import goods, wares, or merchandize from foreign ports, and subjected in the coasting trade, to disabilities and exactions from which docutuel vessels of the United States are exempted,

Art. 79.—On arrival from a foreign port, such undocumented vessels, if lad with goods, wares, and merchandize will, with their cargoes, be subject to forfeitu If in ballast only, or with passengers without cargo, they will be subject to tout duty of one dollar per ton.

CONSULAR INSTRUCTIONS. [No. 9.,

To Collectors and other Offierrs of the Customs.

TREASURY Department, June 6th, 1861.

The particular attention of Collectors and other Officers of the Customs is callo to the annexed Act of Congress, entitled “An Act to provide for the ventilation of Passenger Vessels, and for other purposes,” approved 17th May, 1858, with instruc tions for the strict euforeement of its provisions.

It is to be observed, the number of passengers that a vessel may be entitled to carry, is not, as under former laws. by her tonnage, but by her capacity according to th dimensions of the apartments occupied by the passengers, allowing for each passenger. as provided by the Act of twenty-second February, 1846, a space of fourteen cl superficial feet of deck, if such vessel is not to pass within the Tropics twenty ela superficial feet of deck for each passenger; and on the orlop deck (if any) thirty clea: superficial feet for each passenger: PROVIDED, as required by the 8th section of the Act now under consideration, "that when the height or distance between the decks of the vessels referred to in the 1st section of the Act to regulate the carriage of passen- gers in merchant vessels,” approved 22nd February, 1847, "shall be less than six feet. and not less than five feet, there shall be allowed to each passenger sixteen clear superficial feet on the deck, instead of fourteen as prescribed in said section; ami a the height or distance between the decks shall be less than five feet, there shall be allowed to each passenger twenty-two clear superficial feet on the deck.' Each passenger's berth is to be included and embraced within the respective spaces before indicated, but as enjoined by law, said spaces must be “unoccupied by stores or othe The number of tiers of berths is limited to two, with an interval between the floor and the deck or platform of goods not being the personal luggage of such passengers." at least six incles, and each berth to be "at least six feet in length, and at least eighteen inches in width for each passenger." Due regard must be bad to the foregoing provisions of law in estimating the number of passengers the vessel is entitled to carry. In computing the number of passengers "all children under the age of one year, at the time of embarkation," are excluded from such computation, consequently all children over one year are in contemplation of law to be deemed and treated as

separate passengers.

The language of the Act regulating the apparatus for ventilation, cooking, de and prescribing the allowance of water and provisions to be provided by each vesse according to her legal passenger capacity, is conceived to be so precise and explicit as to call for no elucidation on these points by the Department at this time.

The requirements of the 5th section of the Act regulating the duties of the captain.

the cleansing of the vessel, &c., must be rigidly observed and enforced.

In pursuance of the 17th section, the Collector will appoint and direct one of the inspectors of the Customs at his port, to examine and report upon the subjects therein

indicated. In the selection of this officer care must be taken to devolve the duty up one fully competent for its faithful discharge.

It will be seen that the regulations aud restrictions imposed by this Act do not apply to cabin passengers in the case of vessels transporting such passengers betwee

the United States and Europe.

AMERICAN PASSENGERS' ACT.

PUBLIC ACT - No. 24.]

271

Au Art to prohibit the “Coolie True by American citizens in American vessels, Be it enacted by the Senate and House of Representatives of the United States of Arried in Congress assembled, That no citizen or citizens of the United States or reigner coming into or residing within the same, shall for himself or for any other person whatsoever, either as master, factor, owner, or otherwise, build, equip, load, ot repare any ship or vessel, or aus steam-ship or steam vessel, registerei. licensed, in the United States, or in any port within the same, for the

otherwise

carolled, or

purpose of proenring from China, or from any port or place therein, or from any othe Port or place, the inhabitants or subjects of China, known as "coolies," to be traus ortel to any foreign country, port, or place whatever to be disposed of, or soli, rtransferred, for any term of years or of any time whatever, as servants, or apprentices, or to be held to service or labor. Aud if any ship or vessel, steam-ship or steam vessel, belonging in whole or in part to citizens of the United States, and registered, olled, or otherwise licensed as aforesaid, shall be employed for the said purposes, or in the "coolie trade," so called, or shall be caused to procure or carry from Chiu. or elsewhere, as aforesaid, any subjects of the Government of China for the purpose of transporting or disposing of them as aforesaid, every ship or vessel, steam-ship or steam vessel, her tackle, apparel, furniture, and other appurtenances, shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned in auf of the circuit Courts or district Courts of the United States, for the district where the sail ship or vessel, steam-ship or steam vessel, may be found, seized, or carried.

Sec. 2.—And be it further enacted, That every person who shall so build, fit out, equip, load, or otherwise prepare, or who shall send to sea, or navigate, as owner, master, factor, agent, or otherwise, any ship or vessel, steam-ship or steam vessel, belonging in whole or in part to citizens of the United States, or registered, enrolled. or licensed within the same, or at any port thereof, knowing or intending that the same shall be employed in that trade or business aforesaid, contrary to the true intent and meaning of this Act, or in anywise aiding or abetting therein, shall be severally liable to he indicted therefor, and, on conviction thereof, shall be liable to a fine not syreeding $2,000, and be imprisoned not excccding one year.

Sec. 3.—And be it jurther enacted, That if any citizen or citizens of the United states, shall, contrary to the true intent and meaning of this Act, take on board of any ressel, or receive or transport any such persons as are above described in this Act, for the purpose of disposing of them as aforesaid, he or they shall be liable to be indicted therefore, and ou conviction therefore, shall be liable to a fine not exceeding $2,000, aud le imprisoned not exceeding one year.

Sec. 4.—And be it further enacted, That nothing in this Act, hereinbefore contained shall be deemned or construed to apply to or affect any free and voluntary emigration of any Chinese subject, or to any vessel carrying such persons as passengers on board the same, provided, however, that a permit, or certificate shall be prepared and signed by the Consul or Consular agent of the United States residing at the port from which such vessel may take her departure, containing the name of such person, and setting forth the fact of his voluntary emigration from such port or place, which certificats shall be given to the master of such vessel. but the same shall not be given until such Consul or Consular agent shall be first personally satisfied by evidence produced of the truth of the facts therein contained.

Sec. 5.— And be it further enarted, That all the provisions of the Act of Congress Pproved February 22, 1847, entitled “An Act to regulate the carriage of passengers in merchant vessels," and all the provisions of the Congress, approved March 3rd, 1849, en- titled "An Act to extend the provisions of all laws now in force relating to the carriage of passengers in merchant vessels and the regulation thereof," shall be extended, and shall apply to all vessels owned in all or in part by citizens of the United States and registered, enrolled, or licensed within the United States, propelled by wind or steam, and to all masters thereof, carrying passengers or intending to carry passengers from any foreign port or place without the United States to any other foreign port or place without the

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AMERICAN PASSENGERS' ACT,

United States: and that all penalties and forfeitures provided for in sail Art shall apply to vessels and masters last aforesaid.

SEC. 6.—And be it further enacted, That the President of the United States shall be, and he is hereby authorized and empowered, in such way and at such time as he shall jadge proper, to the end that the provisions of this Act may be enforced according to the true intent and meaning thereof, fo direct and order the vessels of the United States, and the masters and commanders thereof, to examine all vessels navigated or owned in whole or in part by citizens of the United States, wherever they may be, whenever, in the judg ment of such master or commanding officer thereof, reasonable cause shall exist to believe that such vessel bas on board, in violation of the provisions of this Act, any subjects of China, known as “coolies," for the purpose of transportation; and upon sufficient proof that such vessel is employed in violation of the provisions of this Act, to cause such vessel to be carried, with officers and crew, into any port or district within the United States, and delivered to the marshal of such district, to be held and disposed of accord- ing to the provisions of this Act.

SEC. 7.—And be it further enacted, That this Act shall take effect from and after

six months from the day of its passage.

Approved, February 19th, 1862.

MACAO PASSENGERS' ACT.

No 39.

() GOVERNADOR da Provincia de Macao, Timor e Solor determina o seguinte:- Sendo necessario tomar todas as medidas possíveis para que sem tolher o direito que os Chinas tem de sahir de Macao se evitem os abusos que se podem dar no trans- porte d'aquelles que como Colonos ou emigrados se embarcam para paizes estrangeiros, reunir n'um só regulamento todas as disposições a tal respeito de modo que melhor hegue ao conhecimento de todos, tendo ouvido o Conselho do Governo; hei por con- veniente determinar o seguinte :

Dus Correctores.

lo.—As pessoas que se empregam em engajar Chinas para emigrarem e que são nhecidos pelo nome de Correctores, não poderaō exercer este trafico sem obterem

para isso licença do Procurador do Leal Senado.

20.--Os Correctores deveraõ prestar uma fiança de $200 antes de obterem a li-

ença que será concedida por tempo de um anno.

30. --Quando os Correctores engajarem algum China para o emigrar o apresenta-

tañ na procuratura, onde se fará explicar ao Colono, ou emigrado, o paiz para onde vae,

› serviço para que se engaja, e suas condições, o regulaincuto do deposito om que deve ser recebido, e mais circumstancias que parecerem necessarias ao Procurador para que o Colono seja cabalmente informado das obrigações que se vae contrahir.

40-0 Procurador passará amiudadas visitas as casas dos Correctores, e quando ncontre algum China que tenha sido enganado e que esteja contra sua vonta le o fará ogo sahir, e mulctará o Corrector em §100 pagas da cadeia. Em caso de re-incidencia wrá retirada a Licença ao Corrector.

50.-Na mesma penna do artigo antecedente incorre o Corrector, que vão apresente Procuratura o Colono que tiver engajado dentro de 24 horas depois do engaja- mento, se elle tiver tido lugar em Macao, e se tiver sido feito fora, 24 horas depois

entrado na Cidade.

lo Colono ter

60.-Os Correctores são obrigados a fazer sahir da Cidade os Colonos que forem regeitados pelos Agentes da Emigração ou pelos seus Facultativos, pagando-lhe o ransporte para as terras das suas naturalidades. Por cada contravenção das dispo-

ões deste artigo pagará o Corrector uma muleta de 30 patacas.

70.-Se os Correctores empregarem violencia, ou co-acção, para fazer entrar eni has casas ou nos dopositos a algum China que pertendem exportar como Colono, serão erseguidos em conformidade das Leis vigentes, além do pagamento da muleta imposta

artigo 40.

velo

Dus Agentes das Emigrações e seus depositos,

80.-Os Agentes da Emigração, ou os encarregados do embarque dos Colonos, laro parte ao Governo, do local onde pertendeu deposital-os, seu numero, navio ou navios em que vão embarcar, contractos que com elles fazem, e lugar do seu destino. 90-Nos depositos dos Colonos haveri um lugar separado em que sejam tratados

os doentes.

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202

MACAO PASSENGERS' ACT.

formam a Junta de Saude deverá inspeccionar amindadas vezes os locaes onde se acham 106.-0 Cirurgiaō-mór da Provincia, só ou accompanhado dos Facultativos que

* Colonos, e cuidadosamente examinará se são observadas todas as cautelas que requ a hygiene publica; dará as instrucções que julgar conveniente a este respeito tanto a Agentes da Emigração a que pertencerem os depositos, como aos Facultativos que delles rao encarregados, e proporá ao Governo todas as medidas que julgar necessarias sobre cbjectos tao importante, devendo ter eni vista que deve vigiar nao sú pela hygiene publica, como pelo bom tratamento, e commodidade dos Colonos.

110.-Os Facultativos que os Agentes escolherem para tratar dos Colonos dos seus derositos, inspecciona-los sao obrigados a dar parte ao Cirurgia-mór da Provincia du me to como as desempenha este servico, bem como de qualquer circumstancia que passa comprometter a saude publica, e a dos Colonos, e comprirao todas as instrucções qu receberem do Cirurgiaō-mór como chefe da Repartiçaõ de Saude da Provincia.

120.-Os Agentes da Emigração enviaraō ao Governo copia do Regulamento dos

sens depositos.

136.--Os Coutractos que se fazem entre os Chinas, que emigram para paizės strangeiros, e que embarcam do porto de Macao, e os Agentes dessus Emigrações, serao registrados perante o Procurador do mesmo modo que está determinado a respeito de todos Contractos entre Chinas, ou de Chinas com Christaös. Este registo ser feito na presença dos interessados e diante de duas testemunhas.

glo.-Os Contractos devem ser feito em China, e na lingua do paiz para onde s

destina o Colono.

§ 20.-Deverá mencionar-se no Comtracto o nome, sexo, idade, e naturalidade l

Colono.

§ 30.–Naō se admitirá Colono a engajar-se para emigrar sem que tenha 18 annus

de Flade, a naõ ser que acompanhe seu pai on mai.

§ 40.-No Contracto se declarará o tempo que deve durar o engajamento, bem

cotão o salario, comestivies, e vestuario que deve receber o Colono.

140,- () Procurador nas visitas amiudadas que costuma fazer aos depositus de Colonos se informará escrupulosamente se entre elles se acha algum ou alguns contra sua vontade, ou illudidos sobre o destino do navio em que tem de einbarcar. No caso de encontrar algum que tenha sido forgado ou enganado, o naudará logo sahir da leposito, e procederá contra o Corrector que o tiver engajado.

150.—Uma visita das que trata o artigo antecedente terá sempre lugar na vespera do embarque, que nao poderá verificar sem ella, para o que os Agentes deveraō dar parte ao Procurador com a necessaria antecedencià.

160.-Os Chinas que tendo feito os Contractos na presença do Procurador. rabalmente informados do lugar e serviço para que são engajados tem obrigação de os comprir; ou de indemnizarem os Agentes da Emigração das despezas que lhe tenham causado, e que deveraō pagar no caso de se arrependerem ou de que por outre quelquer motivo não queira ir para os seus destinos. A despesa do sustento que tiverem feito, será indemnizada á razað de 100 sapecas por dia.

170.-As disposições do artigo antecedente nao dao direito aos Agente da Emi- graçao a ter os Colonos presos ou fechados nos depositos, podendo comtudo tratar de obter fiança ou outras garantias que lhe parecerem para segurança das despezas que fazem, mas nunca a de detengaō dos individuos.

180.---Os Agentes das Emigrações sao sujeitos ao pagamento de mulctas de $5

$300 pela contravenções dos artigos antecedentes na parte que lhe diz respeito.

Dos Navios que Transportam Colours.

190.-Nenhum navio poderá salir de Macao com Colonos Chinas sem que sajo

primeiramente inspeccionado pelo Capitao do Porto.

206.-0 Capitaõ do Porto deverá examinar se o navio está em estado de navegar. e tem a necessaria equipagem, vellas, e ferros, e se é sufficiente ventillado para conduzir

Jassageiros.

MACAO PASSENGERS' ACT.

263

216-Tudo o navio que sahir do Porto de Macao com mais de 20 passageiros

inas ficará sujeito ás disposições dos artigos seguintes.

Nenhum China poder ser recebido sem que apresente passaporte, e na

a deste, o Contracto assignado pelo Procurador segundo determina o artigo 130. -Nenhum navio mercante que sahir do Porto de Macao com Colonos Chinas kra levar mais passageiros do que a razañ de tonelada e meia portugueza por cada

plaça incluindo a guarnição do navio.

240-O Capitao do Porto leverú inspeccionar antes do embarque dos passageiros ...avio tem a aguada e mantimentos sufficientes para viagem que vai emprehender m comformidade da Tabela A., annexa a esta Portaria. A duraçao da viagem será

*simada em conformidade da Tabela B. 250. Nenhum navio polera sahir com mais de 20 passageiros som levar um

(irurgiaō, e uma Botica supprida sufficientemente.

260.--O Capitaō do navio naō poderá desembarcar os passageiros señaō no porto ¡ara que despachar, e para onde os Colonos saŏ contractados a ir servir, salvo os casos Larcados no Codigo Commercial.

270-0 Capitao do Porto se informará depois do embarque dos Colonos, se ha bordo algum Chinas que vao contra sua vontade, on illudidos, é no caso de os encou rar os fará desembarcar, dando parte ao Governo das circumstancias do caso para se fceder convenientemente. Examinará tambem se ha alguns que nao estejam munidos Le seu competente contracto publicado pelo Procurador, e nesse caso os fará desembarcar. 28-Nenhum navio poderá sahir do Porto de Macao com Colonos Chinas sem

ter de Capitao do Porto um certificado conforme o modelo C.

296. —Üs navios que infringirem as disposições deste Regulamento sao sujeitos ao

agamento da imuleta de 200 ₫ 1,000 patacas conforme as circumstancias do caso.

300.-Os Consignatarios dos navios que transportam Colonos Chivas do Porto de Macao sao obrigados a prestar uma fiança da quantia de 1,000 patacas, que será -vantada quando se apresente documento legal de ter o navio chegado ao porto para que despachou, e ter comprido com as disposições desta Portaria. Este documento deve ser apresentado dentro de 18 mezes depois da sahida do navio, sob pena de ¡agamento da fiança.

310.--São revogadas todas as disposições em contrario desta Portaria. As anthoridades a quem o conhecimento e execuçao d'esta pertencer assim o tenlam cutendido e cumpram.--Maças, 5 de Junho de 1856.

IZIDOZO FRANCISCO GUIMARAENS.

TABELA A.

Tabela dos Mantimentos que devem levar os navios que condusem Colonos

Chinas do Porto de Macao.

Arroz

Por dia par canda Praer,

Carne de Porco salgado, on 3 de Poren e ¦ de Peixe, ou

¦ de Porco, ¦ de Vaca, e de Pixe.

Verdura salgada

chá.

Luha

1 libra.

} 0ž

04 de ounça.

20 oungas.

Agta a razao je 12 canadas por semana, por cada praga.-Macao, Secretaria do

Governo, 5 de Junho de 1856.

vella

JOZE CARLOS BARROS,

Secretaria Interino do GoveTRO

TABELA B.

Duraçao da viagem para que se devem calcular og Mantimentos dos navios de

que transportam Colonos Chinas.

eased

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264

California ou Costa Occidental da America, Norte do Equador....100 dias. Costa Occidental de America, ao Sul do Equador..

Outubro a Abol a Marco. Sefendirn. (ambos iuclusiveis).

75 dias

120

་·

120

Ilhas de Sandwich...

Australia Occidental.

Nova Caledonia, Nova Hebrides, Ilbas Frejen. Takiti, e Sociedade.100 Sydney, Melbourne, ou Australia Meridional,

100

Van Diemen's Land..

ני

Nova Zelandia

Manila

Sincapura..

Batavia

Ceilão....

Madrasta ou Calcutta.

Bombaim..

Mauricias ou Bourbon..

دنا

S USER 3 3 8

147

168

ེ རྒྱུ རྒྱུ རྒྱུ རྒྱུ ཀྵ རྐུ

Cabo de Boa Esperança..

Indias Occidentaes, e Costa Oriental da America..

Macao, Secretaria do Governo 8 de Junho de 1956.

Eu F

JOZE CARLOS BARROS,

TABELA C.

Secretario Interino do Governo.

Cupitania do Porto de Blacro,

condusindo

Capitao do Pordo de Macao, certifico em como o navio de toneladas sahe

(qualidade, nacionalidade, e nome) Cupitaö passageiros Chinns, sendo homens, mulheres, e crianças contractados para servirem como Colonos, e que todos do Porto de Macao para o de sabem o logar do seu destino, e vaö por sua livre vontade do que me informou devi- damente, bem como que os Contractos que levam, foram registrados na repartição competente.

Certifico mais, que o navio se achou em estado de navegar na vistoria que lhe passei, que leva a tripulaçao sufficiente para o manobrar, e que tem os mantimentos e aguada determinada pelo regulamento de 5 de Junho de 1856, bem como que ha abordo um Cirurgião, Botica, e um Interprete China, e que o navio tem accomodações para os passageiros que conduz, e os necessarios meios de ventilaçaö.-Macao

de 18

(Assignado de Capitão do Porto)

Macao, Secretaria do Governo 5 de Junho de 1856.

JOZE CARLOS BARROS, Secretario Interino du Governo.

No. 25.

O GOVERNADOR de Macao determina o seguinte : Considerando que todas as pessoas tanto Chinas como Portugueres que embarcam como passageiros do Porto de Macao, devem estar sujeitos a mesma regra que determina que os tirem passaporte, e considerando tambeni que muitos dos transtornos e sinistros que tem acontecido aos navios carregados de emigrados Chinas tem sido o resultado das prolongadas viagems a que se sujeitam aquelles que sahem contra a monção, tendo ou vido o Conselho do Governo cuja opiniaŭ adopto; hei por conveniente determinar o

seguinte:-

lo. Os Colonos ou emigrados Chinas que embarcarem no Porto de Macao depois do dia 30 de Outubro proximo futuro saö obrigados a tirar passaporte em comformidade

da Lei.

MACAO PASSENGERS' ACT.

2013

§ lo.-Os Capitães dos navios que transportam Colonos ou Emigrados China-, vera apresentar ao Consul Portuguez no Porto, oude desembarcarem os Colonos

m os seus passaportes.

§ 2-Os Agentes da Emigração são responsaveis pela contravençaõ desto artigo

s termos do artigo 30 do Regulamento.

20-Nao se permittirá a sahida de nenhum navio em mouca contraria quando

ve mais de 30 pasaageiros Chinas. A Tabela Bannexa ao Regulamento de 5 de Junho de 1856 servirá de regra para determinar quando se entende que é mongo

atraria para os differentes portos para onde costuman emigrar Chinas.

Unico. As disposições deste artigo na saö applicaveis aos navios movidos á

spor.-Macao, 4 de Agosto de 1857.

ISIDORO FRANCISCO GUIMARAENS.

No. 10.

· GOVERNADOR de Macao determina o seguinte:-

Sendo necessario tomar todas as medidas possiveis para que nos depositos de alonos Chinas se cumpram rigorosamente as disposições do artigo 17 do tegula. anto de 5 de Junho de 1856; hei por conveniente determinar que o Sr. Procura lor Lead Senado vigie pelo comprimento do que é ordenado no mesmo artigo 17, e que ontra os contraventores se proceda como culpados do crime punivel pelo artigo 330 Codigo Penal. As authoridades a quem o conhecimento e execuça d'esta pertencer

„ssim o tenham entendido e cumpram.—Macao, 31 de Março de 1857. ISIDORO FRANCISCO GUIMARAENS.

REGULAMENTO PARA O TRANSPORTE DOS COLONOS, No. 74.

•) joYERNADOR de Macao determina o seguinte:

Sendo necessario adoptar nos Regulamentos a respeito da Emigraçaï Chinesa do Porto de Macao algumas das disposiçües que tem sido ordenadas pelas authoridades de Cantão, de modo que se siga n'esta Colonia um systema quanto possivel semelhante que as mesmas authoridades tem julgado proprio para garantir a liberdade dos migrados e o seu bom tratamento, tendo ouvido o Conselho do Governo, hci por con- venient determinar o seguinte:-

19.—E' creado um Superintendente da Emigraça Chinesa, nomeado pelo Governo, a elle responsavel pela execução dos Regulamentos e mais negocios concernentes á exportaçaõ de trabalhadores Chinas, engajados para emigrar para paizes estrangeiros. 20.-0 Superintendente da Emigraçao Chinesa terá um ordenado pago pelo Go. verno, e nao perceberá emolumento algum, dependente do maior ou menor numero de Colonos Chinas que sahirem de Macao.

30.---O Superintendente terá ás suas ordens um Interprete da lingua Chines ɩ, como

elle é pago pelo Governo, e que tambem ua receberá emolumentos.

4.-0 Superintendente assistirá aos exames que se fazem na Procuratura em virtude do Regulamento de 5 de Junho de 1856, e assignará os contractos do mesmo

que o faz o Procurador.

moto

50.-Tanto o Superintendente como o Procurador terão um livro de registo, em

e entrarão os nomes de todos os Chinas que se appresentarem para emigrar.

60.-Neste livro, além dos nomes, se notará a idade, naturalidade, profissão e

estado do China que pertende

emigrar.

70.--Quando os Chinas se appresentarem para emigrar ser-lhes-ha dada uma copia do contracto e se lhes abrirá a marticula na forma dos artigos antecedentes, e lhes serão feitas todas as esplicações relativas ao contracto que se lhes apresenta, mas nao se consentirá que o assignem, senao passados seis dias, pelo menos, depois da matricula.

to Chinas matriculados voltar para suas casas, ou suas terras, ou viver nos depositos, podendo sabir e entrar n'elles quando quiserem (durante o dia) sem que os Agentes da

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266

MACAO PASSENGERS ACT.

Emigração tenham direito algum a detel-os, nem a fazer-lhes pagar pelo sustento, voy tuario, despesas de viagem, ou outra qualquer que com elles façam antes de assignaret.

o contracto.

9o. No caso do Colono se appresentar passado os seis dias de que trata o artig, dizendo que se quer decididamente engajar, lhe serà novamente lido e explicado contracto, e então o assignará com o Superintendente e Procurador com duas teste

unhas.

100.—Assignados os contractos, e paga aos Colonos a gratificação ou adiantament que lhes faz o Agente, serão transferidos para bordo do navio que os deve transportar

ara o seu destino.

110.—A gratificação ou adiantamento que o Colono recebe deve ser notada no

::tracto, e entregue ao Colono perante o Superintendente.

120.-Não serú permittido a nenhum China menor de 25 annos assignar contracte

para emigrar sem que tenha obtido o consentimento de seus pais, no caso de os ter. 180. — Assignado o contracto, o Colono é obrigado a cumprir-lo, ou no caso de mudar de tenção a pagar as despesas legaes que tiver feito ao Agente, em conformidad do artigo 150. do Regulamento de 5 de Junho de 1856.

140.-Consideram-se despesas legaes que o Colono he obrigado a pagar, no cas de não querer partir depois de assignar o contracto, a gratificação que tiver recebido, - eastento, e o vestuario que se lhe tiver dado.

150.—Os contractos que os Agentes da Emigração pertenderem fazer com os C'a- lonos serão previamente appresentados ao Superintendente da Emigração, que os exami- narh, e que sí approvará aquelles que forem justos e equitaveis, não admittindo cor- dições algumas que sejam lesivas para os Colonos.

$ 10.-Os contractos não poderão ser por mais de oito annos,

$20.- Não podem os Colonos dispensar o beneficio da legislação dos paizės para

onde se engajam.

§ 30.-Passado os oito annos, os Colonos serão livres de dispôr do seu traballo, não podendo qualquer divida que tenham contrahido servir de pretexto para se pro longar o tempo do seu engajamento, devendo taes dividas ser reclamadas segunda a legislação do paiz.

§ 40.- Os contractos serão escriptos em China e na lingua do paiz para onde o

Colono

emigra. $ 50.-Os est angeiros que engajam os Colonos devem obrigar-se a facilitar-lhe tdos os meios de se communicarem com as suas familias na China, e de lhes enviarem dinheiro que lhes queiram e possam mandar.

16.-Haverá dias destinados pelo Superintendente, d'accordo com o Procurador. para na Procuratura se appresentarem os Chinas que quiserem emigrar, bem como para a assignatura dos contractos.

170.-Os Chinas que quiserem omigrar devem appresentar-se na Procuratura para serem matriculados, tanto pelo Procurador como pelo Superintendente da Emigração, que notario no livro respectivo o deposito para onde o Colono vae até assignar o co- tracto, e no caso de regressar para sua casa, o nome de Agente com que pertende

Engajar-se.

N'estas appresentações o Colono deve ir desaccompanhado dos empregados dos

depositos, e dos Correctores.

180.--Nos depositos haverá affixados, tanto na parte exterior das portas como em differentes lugares no interior, os Contractos e Regulamentos do estabelecimento, tanto em Chiva como em Portuguez.

196. Os regulamentos internos dos depositos serão submettidos á approvação do

Superintendente da Emigração.

200.--Os depositos devem estar abertos desde is 8 horas da manhã até ús 4 horas da quiserem

tarde, para poderen entrar todos os parentes e amigos dos Colonos que os

procurar.

216.-0 Superintendente da Emigração visitará os depositos e navios dos Colonos amiudadas vezes, e passará revista aos Colonos afim de evitar que nenhum embarque sem que tenha assignado o contracco, como se determina no artigo 90.

MACAO PASSENGERS' ACT.

267

226.—Cumpreão Superinten lente vigiar pola execução dos Regulamentos e obviar quaesquer abusos que se possam commeter, e devera quando encontre alguma in- acão fazer proceder contra o culpat, accusando-o perante o Procurador no caso do inquente ser China, e officiando ao Delegado do Procurador da Coroa e Fazenda quando o culpado deve ser julgado pelo Poder Judicial, afim de que aquele Funecio-

L'ario proceda em conformidade da lei.

230-Ficam subsistinilo em vigor as disposições do Regulamento de 5 de Junho

1. 1856 que uño são alteradas pela presente Portaria.

$ 1o.-Continna tambem em vigor a prohibição de sabirem navios com Colonos ntra monção, e mais disposições das Portarias de 31 de Março e 4 de Agosto de 1957. $20.-Continua a ser vedado aos Portuguezes o ir a qualquer parte do territorio. China para engajar Colonos, bem como as embarcações Portuguezas o transportal-os para Macao, ou d'um lugar da China para outro.

240.—Os contraventores das disposições l'eata Portaria, ficam sujeitos ás pennas des artigos 328, e seguintes do Codigo Penal Portuguez. As authoridades a quem o nhecimento e exeenção d'esta pertencer assim o tenham entendido e cumpram.---

Vacao, 30 de Abril de 1860. ISIDORO FRANCISCO GUIMARAENS.

ANNEXO AO REGULAMENTO DE 39 D'ABRIL DE 1860, No. 130.

() Governador de Macao determina o seguinte:-

Hei por conveniente determinar, tendo ouvido o Conselho do Governo, que se Servem no engajamento e embarque dos Colonos Chinas no Porto de Macao as dis- posições dos seguintes artigos, que serão adicionados ao Regulamento de 30 d'Abril do

rrente anno.

Artigo 1.-Todos os navios que receberem emigrastos Chinas em Macao segundo o Regulamento de 30 d'Abril do corrente anno, deverio conservar-se surtos no fùndia- douro da Taipa, quando a sua lotação lho não impega, até completarem o numero de passageiros que lhes för dado transportar.

Artigo 20.--Nenium navio poderá transportar maior numero de emigrado Chinas

do que o que couber a razão de duas tonelulas por cada um.

Artigo 30.-Em cada nun dos navios que se demorarem recebendo Colonos, se servará um Rerulainento interno, previamente approvado pelo Superintendente da

duigração Chin :St.

§ Unico.-() Superintrudente da Emigração, urts visitas amindadas que lhe com- pte fazer abordo dos navios que recebem Colonos, vigiará pela inteira observancia do

Regniamentʊ.

mesmo

Artigo 40.-Sem prejuizo da inteira responsabilidade que cabe aos Agentes da Emigração, os Capitães dos navios que se propoem a transportar emigrados são res-

saveis pelo tratamento dos mesmos emigrados abordo.

$ 10-Quando algum delicto d'un emigrado abordo torne urgente a peuna de tenção, o Capitão poderá applicar-lha, devendo o facto ser immediatamente com- municado ao Superintendente la Emigração Chinesa.

$ 20-Nenhum outro castigo poderá ser aplicado sem previo conhecimento e

authorisação.

§ 30-Superintendente da EmigraçãoChinesa imlagarh sealgum dos etnigrados

lein pela sua parte justo motivo de queixa do tranento recebido abordo.

Artigo 50.--Compete aos Agentes da Emigração impedir que os Colonos sejam ezados nas compras que fizerein a qualquer veniillä estabelecido abordo: incorrendo

penna

de muicta

quando assim nio procedat.

Artigo 60.-Nos estabelecimentos d'emigração não podera haver maior numero de empregados do que o que für estrictamente considerado indispensavel para o ser- viço e manutençä da ordem no mesmo estabelecimento.

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MACAO PASSENGEES' ACT.

§ lo.---Os encarregados de cada um dos estabelecimentos entregaraó uma relaço dos seus empregados ao Superintendente da Emigraços Chinesa, só qual compete indicar-lhes o numero permittido, e recusar algum que por falta de garantias qualquer precedente se nao torne recommendavel.

ou pr

§ 20-N'essa relação devera entrar os nomes de quaesquer empregados que

acham abordo sem pertencerem á tripulaçaõ do navio.

Artigo 70.-Neulum China, que duas vezes tenha declarado nao querer emigra poderá depois ser admittido a assignar contracto, embora se diga resolvido a fazel-lo. Artigo 80.-Nao será permitido contractar Colonos, que hajam de emprehender viagem a que seja favoravel a moucao de Nordeste, em todo o periodo decorrido d dia 31 de Março até o dia 1o. de Setembro.

Artigo 90-Ao Governo assiste o direito de fechar todos os estabelecimentos, ou qualquer d'elles, quando assim o julgue conveniente, sem que tenha por isso a dar explicaçao alguma.

Artigo 106.-0 Governo tem o direito de pôr tempo ás expedições de Colonos China do Porto de Macío seis mezes depois de publicada a prohibigan. As authoridades a quem o conhecimento e execuçaó d'esta pertencer assim o tenham entendid...

umpram.-Macão, 12 de Outubro de 1860,

ISIDORO FRANCISCO GUIMARAENS.

No. 35.

AF GOVERNADOR de Macio determina o seguinte :- Tendo-se por Portaria deste Governo ordenado que nas expedições de Colonos salem do Porto de Macão se exigise que os navios tivessem de capacidade a razaï de duas toneladas por cada passageiro, e tando esta medida sido adoptada Chinas quo com o fim de armonisar a legislaça sobre este assumpto com o que determinará o Governo de Hespanha relativavemte fi emigraçaö para a Ilha de Cuba, tendo ouvido

• Conselho do Governo; hei por conveniente declarar que aquella disposiçan sú se entenderá d'aqui em diante para com os navios que transportain Colonos para a Ilha de Cul, ficando subsistindo em quanto aos outros pontos a Portaria de 5 de Junko de 1856, que exige uma tonelada e meia para cada passageiro. As authoridade a quem o conhecimento e execuça d'esta pertencer assim o tenham entendido e cum pram.—Macño, 5 de Setembro de 1861.

ISIDORO FRANCISCO GUIMARAENS

No. 38.

( GorranaDor de Macáo determina o seguinte:--

Havendo sido regulada a Emigração Chinesa, que se faz peio Porto de Maan, pelas Portarias d'este Governo de 5 de Julho de 1856, 31 de Março, e 4 de Agosto de 1857, 30 de Abril e 12 de Outubro de 1860 :

Nao se achando em nenhuma d'essas Portarias, clausula que restrinja a appli cacao das suas disposições á emigraçao para certos e determinados paizes: donde » deve entender que todas ellas sao applicaveis á emigraçao em geral:

Sendo certo, poreni, que só a emigracao para a Havana e o Perú ha sido sujeita aos Regulamentos adoptados, e que toda as mais se tem feito sem nenhuma fiscalisaçã por parte do Governo.

Tornando-se indispensavel evitar os abusos que d'isto podem resultar; bei pri

conveniente determinar o seguinte:

Artigo 1o. E' suscitada a observancia das Portarius de 5 de Julho de 1856, 51 de Março e 4 de Agosto de 1857, 30 de Abril e 15 de Outubro de 1960, com relação

á Emigracao Chinesa de Macao para qualquer paiz sem distincçao.

exacto

Artigo 20.- Superintendente da Emigração, o Procurador do Leal Senado, e

Capitao do Porto, seguiran especialmente, cada um na parte que lhe toca, pelo cumprimento d'esta determinaçao.

As outras authoridades,

MACAO PASSENGERS' ACT.

26.

e as pessoas a quem o conhecimento da mesma determi

nagad interessar, assim tambem a eutendam e guardem.—Macio, 25 de Novembro de

1960.

JOSE RODIRGUES COELHO DO AMARAL. Queernador de Mocan

No. 19.

GOVERNADOR de Macao determina o seguinte:

Tendo sido determinado por Portaria deste Governo, No. 190 de 15 de Outubro.

le 1869, que nenhum navio poderá transportar maior numero de emigrados Chinas d gae o correspondente á sua lotagað, na raza de duas toneladas por cada um.

Hlavendo sido posteriormente declarado, por Portaria No. 35 de 5 de Setembro de 1861, que aquella determinaçao se leveria enten-ler somente com relaça aos navios que levassem emigrados para Ilha de Cuba, ficando de novo em vigor, quanto aos que us condusissem para outros pontos, o que fora determinado na Portaria No. 39 de 5 de Junho de 1856, isto é que o numero dos passageiros, com os das pessoas da tripu- laça, se regulasse pela lotaça do navio, na razão de uma e meia tonelada por pessoa Nao parecendo conveniente tal distincçao, fundada na differença das viagems; pois que estas saõ sempre longas para os paizes a que a emigraçaö Chinesa geralmente se destina:

Sendo menos racional a fixaçao do numero de passageiros que um navio pode levar, pela sua lotaçaö ou capacidade total; pois que é da capacidade do alojamento para eiles, e das suas condições bygienicas, que esse numero deve essencialmente de perder:

Couvindo suscitar a exacta observancia do artigo 25 da citada Portaria de 5 de Junho de 1856, no qual se exige que em todo o navio que transportar mais de vinte passageiros haja Falcultativo e Botica; pondo-se côbro ao abuso de substituir o Falcultativo competentemente habilitado, por curandeiros Chinas:

Por todos estes motivos, hei por conveniente determinar o seguinte: Artigo 10.-0 maximo numero de emigrados Chinas que um navio poderá levar seri regulado pela capacidade do alojamento destinado a esses emigrados, e pelas No caso mais

disposições que ahi houver para a entrada de luz, e a renovagaö do ur. fovoravel, into é recebendo o alojamento o ar e a luz por bastantes aberturas practica- das no costado do navio, e tendo este além disso bombas de ventilaça, o ditto numero se determinará pela condiçaö de que a cada individuo corresponda uma parte do alojamento egual a dous metros cubicos. Não havendo as referidas aberturas no alo jamento, nas tendo o navio bombas de ventilação contar-se-ha com dous e meio metros cubicos para cada individuo. Faltando tambem a bomba de ventilação o navio nað poderá levar maior numero de emigrados do que o correspondente á capacidate do respectivo alojamento, na razaö de tres metros cubicos per pessoa.

Aatigo 20.-Fica suscitada a rigorosa observancia do que dispoem o artigo 25 da Portaria de 5 de Junho de 1856, isto é, que nenhum navio possa transportar mais de vinte emigrados, sem que tenha Facultativo e Botica.

Artigo 30. As disposições da presente Portaria começaraö a ter vigor desde lo de Janeiro do proximo futuro anno de 1865. As authoridades a quem o conhecimento * execuçao d'esta pertencer assim o teuham entendido e cumpram.-Macao, 13 de Agusto de 1864.

JOSE RODRIGUES COELHO DO AMARAL,

Governador de Mucos

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VICTORIA HARBOUR REGULATIONS.

COLONY OF HONGKONG,

VICTORIA HAFBOUR REGULATIONS ORDINANCE. Au Bedneues for the Regulation and control of the Hochone

af Victoria, Hongkong.

(22nd January, 1882.j Whereas it is expedient to revise and amend the regulations hitherto existing for the maintenance of order within the Barbour of Victoria, Hongkong.—Be it enacted and ordained :-

1.- Ordinance No. 11, of 1845, in hereby repealed, except so far as the saine repeals

No. 16, of 1844.

II.-The harbour regulations issued on the 30th day of April, 1841, under the

hand of Charles Elliot, Her Majesty's Plenipotentiary, are hereby revoked.

III-Every master of a merchant vessel shall hoist the ship's number ou euterug the Harbour of Victoria, and shall keep such number flying until the ship shall have been reported at the Harbour Master's office.

IV. Every master shall, within twenty-four hours after arrival within the limits of this Harbour, report the arrival of his ship at the Harbour Master's office, and in the case of a British vessel or of a vessel which shall not be represented by a Consul, shall deposit there the ship's articles, list of passengers, ship's register, and true copy of manifest, if required. In the case of a foreign vessel represented by a Consul, the said papers shall be lodged by the master at the proper Consulate, under a penalty not exceeding two hundred dollars, on refusal or neglect of the master so to do.

V.-The nanie of a master or first or only mate shall not be attached by the Harbour Master to a British ship's register or articles, unless such master or mate shall possess a certificate of service or competency.

VI.-No officer, scaman, or other person shall be shipped in this Harbour to da duty on board any merchant vessel, except at the shipping-office of the Harbour Master, under a penalty not exceeding twenty dollars for every offence.

VII. In the event of the death of any of the crew, passengers, or other persons, occurring on board any merchant vessel whilst in the Harbour, or in case of the deser tion or removal of any of the crew, the master of such vessel shall forthwith report the same in writing to the Harbour Master, under a penalty not exceeding twenty-five dollars for every death, desertion, or removal which he shall neglect to report.

VIII. No master of any ship shall discharge, or force therefrom, or wilfull or negligently leave behind bini, in this Colony, any seaman shipped on board there unless on a certificate from the Harbour Master, or other person appointed to graut the same; and who shall have power to withhold or grant the same as he shall see under a penalty not exceeding twenty-five dollars; and if any seaman shall wilfully or negligently remain in the Colony, after the departure of the vessel in which he shall have shipped, without such certificate, such scaunan shall, on conviction before the Marine Magistrate, forfeit and pay a sum not exceeding twenty-five dollars, or be

imprisoned for a term not exceeding one month.

་་།

IX.-Every master of a merchant vessel arriving in the Harbour shall take up berth pointed out by the Harbour Master, or by any person sent on board by him

ake

permission,

or that purpose, and shail moor his ship there properly, and shall not remove from it

any other herth, without his except in case of necessity, to ba

rided by the Harbour Master, under a penalty not exceeding one hundred dollars and he shall remove his vessel to any new berth when required so to do by the Harbour Master, under a fine not exceeding twenty dollars for every hour that the vessel shall remain in her old berth, after notice to remove under the hand of the Harbour Master or his deputy shall have been given on board of her.

X-Every master of a merchant vessel shall immediately strike spars, clear bawse, or shift berth, or obey any other order which the Harbour Master may think hit to give, and any master wilfully disobeying or neglecting this regulation, shall b Fable to a fine not exceeding two hundred dollars.

XI-Every master about to proceed to sea shall, under a penalty not exceeding Rity dollars, hoist a blue peter twenty-four hours before the time of intended departure, and shall give notice to the Harbour Master, who shall furnish a port clearance and shall likewise attest the manifest if necessary; and any ship having obtained and not sailing within thirty-six hours thereafter, shall report to the Harbour Master the reason for not going, and shall re-deposit the ship's papers if required.

XII.--[This Article has been repealed).

XIII. No dead body shall be thrown overboard within the limits of this Harbour muler a penalty not exceeding two hundred dollars, to be paid by the master of the vessel, and no stone or other ballast shall be thrown overboard within the said limits, under a penalty not exceeding one hundred dollars, to be paid by the master of the vessel from which such stone or ballast shall have been thrown.

XIV. Except as is hereinafter directod under section XXI. an XXII. of this Ordinance, or under the sanction of the Harbour Master, no cannon, gun, or fire-arm of any description shall be discharged within the limits of this Harbour from any merchant vessel or boat, under a penalty not exceeding two hundred dollars.

XV. Every licensed boat shall, between the hours of sunset and daylight, carry

antern in a conspicuons place, with the number of the liceuce cut out on the framing the person in charge of any boat shall demand or take more than his fare, or use alusive language to passengers, or neglect to carry a light as required, or refuse without sufficient cause to take a passenger at the fare established, the party offending, r in the absence the person to whom the licence for the boat was granted, shall be liable to a penalty not exceeding twenty-five dollars; and all boats, whether private or , may and shall be subject to be stopped and examined by the police boats, and if the person in charge of any boat does not heave-to on being hailed by a police boat, or use abusive language to the officer or persons on board of her in the execution of their duty, he shall be liable to be detained in custody until he can be brought before magistrate, and ou conviction be liable to a fine not exceeding twenty five dollars. XVI.-Every commanding officer of any ship-of-war, or master of a merchant saip or vessel of whatsoever nation, who may arrive in this Harbour having small-pox or any other disease of a contagions or infectious nature on board, shall hoist the proper quarantine flag, and no communication shall be held with any other vessel or at or with the shore, until permission be given by the Harbour Master; and the warding officer on nearing such ship shall be informed of the nature of such discase, that proper precautions may be taken and assistance rendered, under a penalty in any of the foregoing cases not exceeding two hundred dollars for every offence.

Fessel, having any such disease on board, shall forthwith remove his ship to any berth XVII-Every such commanding officer of a ship-of-war, or master of a merchant which shall be pointed out by the Harbour Master, and there remain and keep the quarantine flying until a clean bill of health shall be granted by the Harbour Master; and shall afford free access and render every assistance to the Colonial Surgeon of other officer of health who may be directed by His Excellency the Governor to visit such ship, under a penalty not exceeding two hundred dollars for every offence.

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172

COLONY OF HONGKONG,

steamers, and no vessel or boat of any description shall be allowed to anchor with. such fairway, and the master of a vessel or hoat dropping anchor in, or otherwis obstructing such fairway shall be liable, for earl offence, to a fine not exceeding dollars in addition to any fine therwise leviable under this Ordinance in the tar sca going vessels, and in the case of its registered in the Colony to a like f addition to the forfeiture of register or Hemnes if it be so adjudged by the Mari Magistrate.

XIX.-Every master of any vessel of whatsoever description. who shall wake canke to be made fast to any of the public Fuoys or beacons or their moorings ate rope, clain, or other gear, or shall foul or in any way injure the said buoys, bears or moorings, shall on conviction thereof be fined a sum not exceeding twenty-t dollars, in addition to the cost of repiring or replacing the same.

XX.—Every muster of a vessel or hulk in this Harbour shall from sunset ↑ s inrise cause to be exhibited a bright white light from the starboard foreyard are. or in the case of dismantled vessels or chops, at the place where it can be best s and in default shail incur a penalty uct exceeding one hundred dollars.

XXI.—In case of fire occurring on board any ship or veesel in the Harbour, if . night three lights shall be hoisted in a vertical position at the highest must herd, aml single light at the peak, and guns shall be fired in quick succession until sufficien assistance shall be rendered; if during the day the Ensign Union down, with the signa Marryat's Code 2,104 “I am on fire," shall be hoisted at the highest most head, and guns fired as above provided for night time.

XXII.—If on board any ship or vessel in the Harbour a disturbance or riot shai.

occur which the master or his officers are unable to quell by the usual process bringing the offenders before the Marine Magistrate or a justice of the peace: if by th the Ensign Union down shall be hoisted at the peak, and the sigual 3,240 “Mutiny o board” shall be hoisted at the highest mast head, or wherever practicable under the circumstances; guus may also be fired as in section XXI.; if by night three lights shal. be hoisted at the peak, and a single light at the mast head, and guns may also be fire as before stated.

XXIII-The boundaries, limits, and anchorage of Victoria Harbour shall hence-

forth be defined and taken to be as follows:-

On the East,-

A line drawn from the northern-most point of the Island of Hongkong to the

North-east boundary of British Kowloon.

On the West,-

A line drawn from the western-most point of Hougkong to the western sil of Green Island, continued to western point of Stone Cutter's Island, thence t north point of Stone Cutter's Island, continued to north-west boundary of Britisl Kowloon.

The Harbour shall be divided into two anchorages, viz.: the Northern and Southern Northern anchorage shall have for its southern boundary the north extremity of Hongkong shut in with the southern point of the Kowloon peninsular bearing east hy

south.

Southern anchorage shall have for its northern boundary, Kellet's Island bearing

east by south bali south.

XXIV.—It shall be lawful for the Harbour Master to direct and enforce the anchorage of ships in the northern part of the Harbour from 1st June to 15th October. and in southern part of the Harbour from 16th October to 31st May in each year and it shall be lawful for the llarbour Master to permit a ship to anchor in the soni part of the Harbour during the period first above mentioned for the purpose of dis

charging cargo and for a specified space of time.

XXV. It shall be lawful for His Excellency the Governor from time to time to set apart a special portion of the Harbour for the anchorage of ships-of-war, and within such portion of the Harbour no merchant vessels, or native craft, or boats of any description shall be permitted to anchor without the special sanction of the

Harbour Master in each case obtained.

VICTORIA HARBOUR REGULATIONS.

273

XXVI.-It shall be lawful for the Harbour Master to fix from time to time the lace of anchorage for river and coasting steamers, and to grant permission to the owners of such steamers to lay down permanent moorings to be by him approved, Jotwithstanding anything to the contrary contained under the sections XXIII. and XXIV. of the Ordinance, but no river or coasting steamer shall drop anchor or moor

ithin the fairway provided under section XVIII. of this Ordinance.

XXVII.-Every master of any vessel whatsoever fitting in this Harbour for the onveyance of emigrants whether to be shipped at this or any other port, shall report the same to the Harbour Master under a penalty not exceeding five hundred dollars, and the fittings of said vessel shall be subject to the approval of such officer, who is hereby empowered at all reasonable times to go on board and inspect such vessel; and ay person who shall in any way impede the Harbour Master in the execution of his duty shall also be liable to a penalty not exceeding five hundred dollars.

XXVIII.—A copy of this Ordinance shall be delivered to each master of a vessel ntering the Harbour, and on neglect to return such copy on obtaining clearance a fee of one dollar shall be payable by the master.

XXIX.-Where no penalty is attached by this Ordinance for the breach or infringement of any provision herein contained, the penalty shall be a sum not ex-

eding twenty-five dollars. All offences against any of the provisions of this Ordin- ance shall be cognizable by, and may be heard and decided before, the Marine Magis- trate, who is hereby empowered in all cases to order payment of costs by the defend- hot; and in default of payment of the penalty and costs awarded, may levy the same by distress and sale of the offender's goods, or may forthwith commit such offender to gaol for any term not exceeding three months. All orders, judgments, and decisions of the Marine Magistrate shall be subject to the right of appeal given by Ordinance No. 4, of 1858.

XXX.-Whenever the Marine Magistrate shall be incapacitated by absence, illness, or otherwise from the performance of his duties, it shall be lawful for the Acting Marine Magistrate, or any stipendiary magistrate, or any two Justices of the Peace of the Colony, to adjudicate upon all cases, and enforce all penalties under this Ordinance.

XXXI. Wherever the word "Master is used in the Ordinance, it shall be

deemed to include any person having charge of a ship or vessel, or any other craft.

An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, to regulate the Importation and Storage of Gunpowder.

No. IV. of 1867.

[22nd May, 1867.]

Whereas it is expedient to regulate the importation and storage of gunpowder Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

I-This Ordinance may be cited for all purposes as "The Gunpowder Storage

Ordinance, 1867."

II.-This Ordinance shall commence and take effect on such day as shall here-

after be fixed by proclamation under the hand of the Governor.

III.-Section IV. of Ordinance No. 1 of 1848 and Section XII. of Ordinance No.

1 of 1862, shall be and the same hereby are repealed, and the provisions of the other Sections of Ordinance No. 1 of 1848 shall be held to extend to gunpowder of every kind and description whatsoever, anything in the said ordinance to the contrary not-

withstanding.

IV.-The Governor is hereby empowered to provide at the expense of the Colony, one or more vessel or vessels for the storage of gunpowder, and no gunpowder arriving in this Colony shall be stored in any other place than such vessel or vessels, except as provided by Section XIII., and subject to the observance of the rules and regulations to be made under Section XVI, of this Ordinance.

ese ar

ᎭᎥᏋ ᎧᏋed

the sed

the d

274

COLONY OF HONGKONG.

government depôt or government depôts for the storage of gunpowder, and shall to V.-Such vessel or vessels shall for the purposes of this Ordinance be termed i

under the control and management of the Harbour Master, subject to such orders may from time to time be received from the Governor; and such vessel or venst shall be fitted and manned in such manner as the Harbour Master with the appro of the Governor shall deem expedient.

VI.—The master of every vessel arriving in this Colony, and having on boar thereof any quantity of gunpowder exceeding two hundred lbs. shall immediately up.. the arrival thereof, furnish the Harbour Master with a copy of the manifest of such gunpowder, the marks of all the packages wherein such gunpowder shall be contai and the names of the consignees of such gunpowder if he shall know the same. VII. The master of every such vessel as in the last preceding Section mention. shall as soon as possible take the same to the place which shall be pointed out to hi by the Harbour Master, and the said vessel shall not be removed therefrom witho the permission in writing of the Harbour Master.

VIII.—When any quantity of gunpowder exceeding two hundred lbs. is about: be conveyed out of the Colony, the master of the vessel about to convey the sam shall, on producing the written authority of the owners thereof, receive from the Harbour Master a permit to take on board the packages mentioned in such authorit and the master of such vessel shall thereupon move the same into such anchorage a the Harbour Master may deem expedient, and from such anchorage the master of such vessel shall not remove the same except for the purpose of proceeding on hi, voyage or for some other sufficient cause to be approved by the Harbour Master. IX.--The master of every vessel having on board more than two hundred lbs. of gunpowder or whilst engaged in the transhipment of any quantity shall exhibit at the highest masthead, a red flag.

X.-It shall not be lawful for the master of any vessel to tranship any gunpowde between the hours of 6 P.M. and 6 A.M. from October to March inclusive nor between the hours of 7 P.M. and 5 A.M. from April to September inclusive, without the written permission of the Harbour Master.

XI.-It shall not be lawful for the master of any vessel without the writte permission of the Harbour Master to anchor such vessel within five hundred yards of any government depôt for the storage of gunpowder.

XII.-It shall not be lawful for the master of any vessel having on board gur powder exceeding in quantity two hundred lbs. to anchor nearer than five hundred yards of any other vessel.

XIII.—It shall not be lawful for any person without the permission in writing

of the Governor to keep for any time however short within any house, store, godow or other place on land a larger quantity of gunpowder than fifteen lbs.

XIV.—It shall be lawful for any justice of the peace or constable duly authorized by warrant of any justice of the peace to enter, and if necessary to break into any house, store, godown, vessel, or place either on land or water within which such justice of the peace shall be credibly informed on oath or shall have reasonable groun of his own knowledge to suspect and believe that gunpowder is kept or carried or is on board of any vessel contrary to the provisions of this Ordinance.

XV.-A copy of this Ordinance shall be delivered to the master of each vesse! entering the harbour, and on neglect to return such copy on obtaining clearance a fee of one dollar shall be payable by the master.

XVI.--The Governor in Council is hereby empowered to make rules and regula tions for the proper carrying out the provisions of this Ordinance including the storage the storage of gunpowder as hereinbefore prescribed and every violation or neglect of of gunpowder on land, and to fix and vary from time to time the sums chargeable for any such rules or regulations shali render the party so offending liable to the penalties imposed by Section XVIII. of this Ordinance for offences agaiust any provisions

thereof.

XVII.-The sums charged in respect of such storage shall be paid monthly by the party claiming to be entitled to such gunpowder, and in the event of the same

VICTORIA HARBOUR REGULATIONS

275

not being avable, it shall be lawful for the Governor to direct the said gunpowder to be sold in rder to defray the expense of storage, and the proceeds thereof after deducting al government charges, and the expenses of sale shall be paid to the party who shall prove himself entitled thereto to the satisfaction of the Governor.

XVIII.-Every offence against the provisions of this Ordinance shall be tried an person who shall violate or refuse or fail to comply with the provisions of this summary way before a Magistrate or before the Marine Magistrate, and every Ordinance shall incur a penalty or fine not exceeding three hundred dollars, and noa less than fifty dollars, or imprisonment for any period not exceeding six months, and not less than one month.

XIX-Nothing in this Ordinance contained shall apply to Her Majesty's ships of war or to the ships of war of any foreign nation, or to hire armed vessels in Hei Majesty's service or in the service of any foreign nation or to Government Naval or Military stores. Passed the Legislative Council of Hongkong, this 22nd day of May, 1867.

L. D'ALMADA E CASTRO, Clerk of Councils.

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SCALE OF COMMISSIONS-HONGKONG.

277

276

FARES FOR CHAIRS AND OTHER VEHICLES.

SCALE OF FARES,

For the Hire of Licensed Vehicles, Horses, Chairs, and Chair Beavers,

within the Colony of Hongkong.

VEHICLES.

Per day, One Horse.

$5.00...

Two Horses.

Half-day

Hour.

3.00...

1.00...

Per day, each...

Half-day

Hour

Job, as per Agreement.

HORSES.

SCALE OF COMMISSIONS

ADOPTED BY THE

HONGKONG GENERAL CHAMBER OF COMMERCE.

$6.00

3.50

1.50

do.

Purchasing Tea, Raw Silk, Opium, and Cotton

do.

3 per cent.

do.

if as returns for Goods sold 2

all other Goods and Produce, Ships and Real Estate Bullion

..$3.00

2.00

1.00

Selling Tea, Raw Silk, Opium, and Cotton

do. all other Goods and Produce, Ships and Real Estate

Inspecting Silk or Tea

...

Guaranteeing Sales and Remittances when required

do. Sales alone

Drawing or indorsing Bills of Exchange

or negotiating Bills of Exchange without recourse.

Realizing Bullion or Bills of Exchange

Remitting the proceeds of Bullion or Bills of Exchange

Paying and receiving Money in current account

do.

$1.00

.70

.50

do. Ships' Disbursements

.20

Collecting Freight

.10

Obtaining Freight or Charter

do.

and collecting same freight

LEGALISED SCALE OF FARES FOR CHAIRS WITH TWO

BEARERS, IN THE COLONY OF HONGKONG.

Per day, of Twelve hours,

Half-day, 6 hours,.

3 Hours,

1 Hour,

Half an Hour,.

In case more than two Bearers are employed, every additional Bearer to be paid

at the rate of half the above scale.

Nothing herein contained prevents special agreements.

CECIL C. SMITH,

Registrar General,

Registrar General's Office, 24th September, 1870.

LIST OF STANDS FOR LICENSED CHAIRS.

Peddar's Wharf, (Hongkong Hotel.)

Queen's Road Central, (Hongkong Hotel.)

Do.

(Stag Hotel.)

(London Inn.)

Government Wharf, (East of Parade Ground.)

Wyndham Street, (West end.)

Hollywood Road, (East end.)

(L. Volkmann's Boarding house.)

Do.

Battery Road, (Sailors' Home)

Wellington Street, (Oriental Hotel.)

do.

Adjusting Insurance Claims

...

Effecting Insurance; on the insured amount

Prosecuting or defending successfully claims either at law or by arbitration

do.

unsuccessfully

Managing Estates and Collecting Rents

...

Transhipping and Forwarding Jewellery and Bullion.

Landing or Transhipping

Cargo

Transhipping and Forwarding Opium...

Good withdrawn or re-shipped

Granting letters of credits

Brokerage on Bills and Bullion, buying and selling

do,

do.

Ship Brokerage Brokerage

do.

Produce and general Merchandize

01/ 1

$3 per chest.

half commission.

1 per cent.

per cent, from seller.

pr. ct. from c'signees.

on Shares, on subscribed capital of up to $250, $1 per Share from each party.

do.

over $250, $1

The foregoing Rates to be exclusive of Shroffage at the Rates of

$1 per mil, and Brokerage when paid.

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LEGISLATIVE COUNCIL-HONGKONG.

STANDING ORDERS AND RULES

FOR

THE LEGISLATIVE COUNCIL OF HONGKONG.

Extracts from the Royal Instructions to the Governor of Hongkong, Dated the 6th April, 1843.

" IV. —And we do declare our pleasure to be, that the said Legislative Council shall not be competent to act in any case, unless two members at least of such Council, in addition to the Governor for the time being, shall be present at and thronghout The meetings of such Council.'

"VI.-And for ensuring punctuality of attendance of the members of the said Council, and for the prevention of meetings of the said Council being holden without convenient notice to the several members thereof: It is our pleasure, and we do hereby lirect, that you, or the Governor of Hongkong for the time being, do frame, for the guidance of the said Council, such Standing Rules and Orders as may be necessary for those purposes, with such other Standing Rules and Orders as may be best adapted for maintaining order and method in the despatch of business, and in the conduct of all debates in the said Council; which Rules and Orders (not being repug. ant to the said recited Charter, or to these instructions, or to any other instructions which you may receive from Us,) shall at all times be followed and observed, and shall be binding upon the said Council, unless the same or any of them shall be disallowed by Us."

"VII.—it is our pleasure, and we do hereby direct, that no law or Ordinance shall be made or enacted by the said Council, unless the same shall have been pre- viously proposed by yourselves, and that no question shall be debated at the said Council unless the same shall first have been proposed for that purpose by you: Pro- vided nevertheless and it is our pleasure, that if any member of the said Council shall deem any law fit to be enacted by the said Council, or any question proper to be there debated, and shall, of such his opinion, transmit a written Statement to you, it shall be lawful for any such member of the said Council to enter upon the minutes thereof a copy of any such statement, together with the reasons upon which such, his opinion, may be founded."

"XXIII.—And we do hereby further declare our will and pleasure to be, that all questions proposed and debated in the said Legislative Council shall be decided by the majority of voices; and that the Governor for the time being of the said Colony shall, in the said Legislative Council, have both an original vote, and (in case of the votes And we do further declare our pleasure to be,

being equally divided) a casting vote. and do ordain and appoint, that it shall be competent to the Governor of the Colon and he is hereby authorized to make and promulgate, as an ordinance of the said Governor and Legislative Council, any ordinance which may have by him been pro posed for the adoption of the said Council, even though all the members of the sand Council, except himself, shall have voted against the adoption and passing and every ordinance so made and promulgated as aforesaid shall, until the same mis be repealed or disallowed by Us, have the force and authority of law in the said Colony, as fully as if it had been adopted by the unanimous votes of all the members of the

said Council."

thereof:

LEGISLATIVE COUNCIL-HONGKONG.

GENERAL RULES.

270

1.- Two days' notice shall be given of any meeting of Council to each member by

ppointed for the same inconvenient, the Council may be adjourned to such early day a Clerk of Councils; but should circumstances occur to render a meeting on any day the Governor shall appoint, by a notice in writing, to be transmitted to each member urgency, the Governor may dispense with the necessity of the two days' notice. n the clerk one day prior to the period which had been appointed; and in cases of II.The hour of meeting, except under special circumstances, shall be at noon; d if any member shall move that the Council do adjourn, and if such motion be conded, it shall be put to the vote.

III.-No member shall absent himself from Council, without communicating to

the Governor his inability to attend.

IV.-As soon as five members, exclusive of the Governor, shall be present, after he hour appointed for the meeting of Council, the Governor shall take the chair, and will direct the clerk to read the minutes of the last meeting, which, having been ap- roved or corrected, if necessary, are to be confirmed by the Governor.

V.-Should a quorum of members not be present at the expiration of fifteen miantes from the time for which the Council shall have been summoned on any par ticular day, the meeting shall stand adjourned to noon on the next following day, not eing a Sunday or a Public Holiday—notice of the said adjournment to be sent by the clerk to the members.

VI.-Any member desiring the minutes to be corrected, shall propose such cor- rection immediately after the minutes are read, and such correction shall be forthwith ..\mitted or rejected by the Council.

VIL-A book called "The Order Book" shall be kept by the clerk, and therein «hall be inserted a notice of all original propositions, intended to be submitted by any member through the Governor to the Council, in the order of priority of time at which the same shall have been transmitted. Measures proceeding originally from the Governor need not be inserted in the Order Book.

VIII.-With the exception of questions of privilege, which shall take precedence of all others, business shall be taken in the order in which it appears in the Order Book; unless, on motion made by permission of the Governor, and carried, preference be given to any particular subject.

IX.-The Governor shall preserve order, and decide on all disputed points of order. X.-Every motion or amendment, except for adjournment, must be in writing,

and must be seconded before it can be put to the vote.

XI.—No member shall be allowed to read any speech, but may obtain permis-

ion to introduce documentary matter. XII.-Every member in discussing any question shall address the Governor; and should he wish to allude to the speech or opinion of any other member, should Official members may be designated by their appoint-

Avoid employing his name.

ments.

XIII.-If two or more members wish to speak at the same time, the Governor

shall call on the one entitled in his opinion to pre-audience.

vote in

the

XIV.-On any question being put, every member present is required to give his No," beginning with the junior,—the clerk

distinct terms, "Aye minuting the vote of each member: after which the Governor shall declare the num-

of votes and against the question.

ber

for

XV.--Any member may protest in writing against any decision of the majority of the Council, provided he give notice of his intention immediately after such decision, and than such written protest be delivered to the clerk within seven days after such decision. It shall be competent to the majority of the Council to expunge any passage deemed offensive in such protest.

XVI.-The members of Council shall have freedom of speech, and shall not at

any time be questioned by government for anything they have said thereon.

XVII-In the general discussion, no member shall be at liberty to speak more

than once, except in explanation, or on the clauses of an ordinance in committee.

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LEGISLATIVE COUNCIL-HONGKONG.

XVIII.—Imputations of improper motives shall be considered disorderly, and

upon the motion being carried shall be entered upon the minutes.

PROGRESS OF ORDINANCES.

XIX.-On moving the first reading of every ordinance, the grounds and reasons upon which it is founded shall be stated, either by the Governor, or any officia member called upon by him for the purpose; but no discussion shall take place there

XX.-At the first reading of every ordinance, the clerk shall read the title, an immediately after, some day shall be appointed for the second reading. Except in cases of emergency, ten days shall elapse between the first and second reading of un

ordinance.

XXI.—The Draft of every ordinance presented to the Council, shall, after the first reading, unless otherwise ordered, be published in the next issue of the Government Gazette, with a notice fixing the date up to which observations thereon will be received by the clerk of Council; and a printed copy of such Draft shall be furnished to each member with convenient despatch.

XXII.—An adjournment of the discussion of any question may be moved at any

time, and if seconded, may be adopted or not by the majority.

XXIII.-The substance of every amendment not in committee shall be forwarded by the intended mover three days before the second reading, to the clerk, and may, with the consent of the Governor, be introduced into the ordinance. Amendinents in cou mittee shall be similarly dealt with, save that they may be made during the discussio::. XXIV. No question can be put to the vote during the discussion of an ordinance, which is substantially the same as one on which the judgment of the Counci has already been expressed,-unless for the purpose of correcting an error, and with the consent of the Governor.

XXV.-Upon the motion for the second reading of an ordinance, its general merits and principle shall be then discussed, and if the motion be carried, the title only of the ordinance shall be read, and thereupon the Council shall go into committee im. mediately on the clauses of such ordinance, or shall appoint a future day for that purpose. XXVI.—It shall be competent for the Council, with the consent of the Governor, to appoint a special committee for the purpose of examining into and reporting to the Council on the clauses of any proposed ordinance. On the ordinance being committed or re-committed, the committee shall discuss its several provisions, and any proposed amendment; and adjourn such discussions from time to time, as occasion may require XXVII.—In discussion in committee, any member may propose an amendment,

but no amendment can be proposed upon an amendment under discussion. XXVIII.—After an ordinance has been approved in committee, the question to be and if the question be carried in the

put shall be "that the ordinance do pass? affirmative, the clerk shall read the title only of the ordinance.

XXIX.-When any ordinance shall be proposed whereby vested rights and interests of property will be unavoidably affected, due notice shall be given to all parties concerned by Notification in the Government Gazette, one month before the first reading of such ordinance; and such Notification shall appear at least three times in the said Gazette; and before going into committee on the said ordinance, the same shall be published three times in the said Gazette.

XXX.--In cases of emergency, or where no amendments whatever, or only amend. ments of an unimportant nature, shall be proposed to be made to an ordinance, it may be moved that the standing rules relative to the reading and commitment of the ordinance be suspended; and if adopted by two-thirds of the members present, and sanctioned by the Governor, it may be carried through its several stages at one sitting.

XXXI.—The clerk shall read all matters brought before the Council. He shall CLERK OF COUNCILS. keep a Journal in which shall be entered, in the order in which they occur, minutes of the proceedings of the Council.

XXXII.—All existing and future records and papers, and all papers heretofore, or hereafter to be laid before the Council, shall be deposited with the clerk, who shall be

LEGISLATIVE COUNCIL-HONGKONG.

281.

responsible for the saïe custody thereof, and shall have all such papers ready to be produced before the Council, whenever the same may be required by any member. ind such papers, and the order and journal books, shall be at all reasonable times

open

to the inspection and perusal of any member.

PETITIONS.

XXXIII.-Petitions may be presented to the Governor by any member, imme- diately after the chair is taken; and every member presenting a petition, shall satisfy bimself that the petition is respectful and deserving of presentation.

XXXIV.-Any member may move that such petition be read, but in so doing he shill state the purport of the petition, with his reasons for wishing it read, and the motion being seconded, the question may be put," whether the petition shall l

read?"

PRIVATE RIGHTS.

XXXV.-In any case where individual rights or interests of property may be peculiarly affected by any proposed Ordinance, all parties interested may, on motion made, seconded, and carried, be heard before the Council when in committee on such Ordinance, either in person, or by their advocate.

WITNESSES.

XXXVI. When it is intended to examine any witnesses, the member or the petitioner, requiring such witnesses, shall give in to the clerk a list containing the ames and residences of the witnesses, at least two days before the day appointed for their examination.

XXXVII.—The evidence of every witness shall be taken down by the clerk and read over to the witness, who may then desire any correction to be made; and in case no such correction shall be made, the evidence shall stand as given, and not be altered afterwards.

GENERALIA.

XXXVIII.—When any number of days are mentioned in the standing rules of

the Council the same shall be exclusive of Sundays and general Holidays. XXXIX.-Whenever the word “Governor” shall be used in these standing orders and rules, the same shall be held to mean the officer for the time administering the Government.

XL.-The standing rules of 7th March, 1845, are bereby rescinded.

Approved in Council, the 12th day of July, 1858.

L. D'ALMADA E CASTRO,

Clerk of Council.

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282

SUMMARY JURISDICTION COURT-HONGKONG,

RULES AND ORDERS FOR REGULATING THE PRACTICE

OF THE COURT OF SUMMARY JURISDICTION OF HONGKONG.

In pursuance of the powers vested in me by Ordinance No. 7, of 1862, 1, HENRY JOHN BALL, Esquire, Judge of the Court of Summary Jurisdiction of Hongkong, have framed the following rules and orders, and do certify the same to His Excellency the Governor and to the Legislative Council accordingly.

Dated this 14th day of December, 1864.

Previous Orders.

HENRY JOHN BALL.

I.-The Rules of Practice and the forms now in use in the Court of Summary Jurisdiction shall continue to be used and adopted in the court, except where other- wise directed by Ordinance or by these rules.

Sittings of the Court.

II.—The judge shall appoint the days and hours for holding his court, and a notice of the day and hour on which each court shall be holden shall, within a reason. able time before the holding thereof, be inserted in the Government Gazette, and be affixed in some conspicuous place in the Court, and in the clerk of court's office; and whenever any day or hour so appointed for holding the court shall be altered, notice of such alteration shall immediately be inserted and posted in like manner, but the judge may from time to time hold adjourned courts.

Duties of Clerk of Court.

III.—The clerk of the court shall attend at his office every day, except those days ordinarily allowed as holidays, from ten o'clock in the morning until four o'clock in the afternoon.

IV. The clerk shall issue all summonses, warrants, precepts, and writs of execu tion, and register all orders and judgments of the court, and keep an account of all proceedings of the court, and shall take charge and keep account of all court fees, payable or paid into court, and of all monies paid into and out of court and shall enter an account of all such fees and monies in a book, belonging to the court, to be kept by him for that purpose, and every entry in such book shall have a number prefixed corresponding with the number of the Plaint to which the entry relates.

V.-The clerk shall issue all summonses and warrants to the bailiff forthwith after the plaints are entered or warrants applied for; and, in the case of summonses, shall deliver to the bailiff the summons for indorsement as required by Rule XI.

VI.—Whenever money is paid into or deposited in court, whether before or after judgment, an acknowledgment in writing of such payment or deposit shall be given. VII.--No clerk or other officer of the court, shall, under any circumstances, off account of suitors, sign any book, or receive money, or otherwise act as an agent for that purpose, or shall become surety in any case where, by the practice of the court, security is required.

Bailif's Duties

VIII. The bailiff shall attend every sitting of the court, unless his absence shall be allowed for reasonable cause by the judge, and, when he does not attend any sitting of the court, the cause of his absence shall be entered by the clerk on the minutes of

the next succeeding court.

SUMMARY JURISDICTION COURT-HONGKONG.

283%

IX-The bailiff shall serve all summonses and orders, and execute ali warrants issued out of the Court, and shall keep a book, in a form to be approved

and writs Is the clerk, wherein an entry shall be made of all acts done by him in relation thereto. formance of other duties at the office of the clerk, at such time or times as the clerk -The bailiff shall attend for the purpose of receiving summonses or the per- may deem necessary; and shall compare and examine the copy of each summons elivered to him by the clerk, so as to enable him to prove its correctness. XI-If the service of the summons has been personal, the bailiff who served the me shall indorse on the summons delivered to him by the clerk the fact and mode of such service; and if the service has not been personal, he shall indorse on the sum- wons the statement which has been made by the person to whom the summons was elivered, or other circumstances from which it may be inferred that the service of the ummons has come to the knowledge of the defendant, and, if the summons has not een served, the bailiff shall indorse thereon the fact, and the reason of such non-service, and shall deliver it to the clerk with the list of summonses mentioned in the next rule. XII.-Before the day of holding any Court the bailiff shall deliver to the clerk a list of all summonses on plaints before judgment, issued to him returnable at such Court, and such return shall state the mode of service or the cause of non-service of rach summons, and the bailiff shall at the same time, deliver to the clerk all summonses and copies that may remain in his hands.

XIII.-Where a summons has not been served, the bailiff shall, at the time of the making out of the list aforesaid, give notice to the plaintiff of the fact of such non- service in the form specified in Schedule 1, to these orders annexed. laintiff is a Chinaman, a translation of the matter of the notice into the Chinese

nguage shall be indorsed thereon.

When the

XIV.-In the book required to be kept by rule IX., the bailiff shall enter every warrant which he has been required to execute, and shall state from time to time therein what he shall have done under each warrant, and if the same be not executed within three days from the day of its delivery to him, why it was not executed; and the bailiff shall, at all reasonable times, give to a suitor every information that he may reasonably require as to the execution or non-execution of any warrant which has been ssued at his instance.

XV. When the bailiff shall have received any money by virtue of any process issuing out of the Court, he shall, as soon as possible after the receipt thereof, pay over the same to the clerk.

Plaint.

XVI.--On the application of any person desirous to bring a suit, the clerk shall enter in a book, to be kept for this purpose, in his office, a plaint in writing, stating the names and the last known places of abode of the parties, and the substance of the action intended to be brought, every one of which plaints shall be numbered in every year according to the order in which it shall be entered; and thereupon a summons, stating the substance of the action, and bearing the number of the plaint on the When the defendant is

margin thereof, shall be issued under the seal of the Court.

a Chinaman a translation of the matter of the summons into the Chinese language shall be indorsed on the summons.

XVII. No misnomer or inaccurate description of the person or place in any plaint or summons shall vitiate the same if the person or place be therein described 80 as to be commonly known.

Plaint Note.

XVIII.-At the time of entering the plaint the clerk shall give to the plaintiff, his attorney or agent, a note under the seal of the Court, according to the form specified in Schedule 2, to these orders annexed; and no money shall be paid out of Court to the paintiff, his attorney, or agent, unless on production of such note, provided that in the vent of such note being lost or destroyed no money shall be paid to any person unless it be proved, to the satisfaction of the clerk, that the person applying is the plaintiff or this agent authorized in that behalf. Wheir the plaintiff is a Chinaman a translation of the matter of the plaint note into the Chinese language shall be indorsed thereon.

89 d

69€ aged

69 ad

69 sed

284

SUMMARY JURISDICTION COURT-HONGKONG

Summons to appear to u Plaint.

XIX.-The summons shall be dated of the day on which the plaint

and the date thereof shall be the commencement of the suit.

was entered,

XX.-The words specified in Schedule 3, shall be inserted at the foot of the

summons as it appears in Schedule 2, annexed to the Ordinance No. 7, of 1862.

XXI.-Where a summons has not been served, successive summonses may be

issued without entering a new plaint, unless the non-service thereof has been cause by the fact of the defendant's having removed from the address given before the eutr of the plaint, or unless the plaintiff shall have given a wrong or insufficient address but if the bailiff shall ascertain that the defendant has removed to some other pla within the colony, he shall serve the summons at such other place, indorsing on the copy thereof the new address: and the successive summons or summonses shall bear the same date and number as the summons first issued, which date and number shal be written in red ink in the cler"'s book, and such summonses shall be a continuance of the first summons.

Service of a Summon: to appear to a Plaint

XXII.-The service of the sumnions, except in the cases hereinafter specially provided for, shall be either personal or by delivering the same to some perso apparently sixteen years old at the house or place of dwelling or place of business of the defendant; but no place of business shall be deemed the place of business of the defendant, unless he shall be the master or one of the masters thereof.

XXIII.—Where the defendant is living or serving on board of any ship or vessel. it shall be sufficient service to deliver the summons to the person on board, who is, at the time of such service, apparently in charge of such ship or vessel.

XXIV. Where the defendant is residing or quartered in any barracks and serving Her Majesty as a soldier, it shall be sufficient service to deliver the summons at the barracks to the adjutant of the corps or to any officer or serjeant of the company to which such soldier belongs.

XXV.-When a defendant is a prisoner in a gaol it shall be sufficient service to deliver the summons at the gaol to the superintendent or any person appearing to be the head officer in charge thereof.

XXVI.-Service of the summons may be effected on a banking company or other corporation by delivering the summons to a manager, secretary, or clerk of the defendant, at any bank or office of the defendant within the colony.

XXVII.—Where a defendant keeps his house or place of dwelling closed in order to prevent the bailiff from serving the summons, it shall be sufficient service to affis such summons on the door of such house or place of dwelling, or place of business. XXVIII.-Where the bailiff is prevented by the violence or threats of the defendant, or ofany other person in concert with him, from personally serving such summons, it shall be sufficient service to leave such summons as near to the defendant as practicable.

XXIX.--Where the summons has not been served personally or under the provisions of the last three rules, and the defendant does not appear at the return-day in person or by his attorney (where appearance by attorney is permitted) the cause may proceed if the judge is satisfied that the service of such summons has come to the knowledge of the defendant before the return-day, but no evidence to that effect shall be necessary in the cases specially mentioned in the last three rules.

Rules as to the Mode of Service of Summons to be of General Application. XXX.—The above rules as to the mode of service of summons to appear to a plaint shall apply to the mode of service of all summonses whatsoever, except where otherwise directed by ordinance or by these rules.

Payment into Court.

XXXI.-Where the defendant is desirous of paying money into Court, it may be paid in at any time within twenty-four hours after the service of the summons, with Court fees proportionate to the amount paid in; and the clerk shall forthwith send to the plaintiff notice thereof, in the form specified in Schedules 4 or 5 to these orders annered, as the case may be, provided that at any time before the return-day the defendant may pay money into Court with such costs as aforesaid, and the clerk shall

Five

SUMMARY JURISDICTION COURT—HONGFANG.

247

notice thereof to the plaintiff as aforesaid, but where money has not been paid in within twenty-four hours after the service or the summons, or within a reasonable time before the return-day, it shall be lawful for the court to order the defendant to pay such costs as the plaintiff shall have incurred in preparing for trial before the notice of such payment was received by him, or in attending the court. When the plaintiff is a Chinaman a translation of the matter of the notice into the Chinese anguage shall be indorsed thereon.

XXXII.—If the plaintiff elect to accept in full satisfaction of his claim, including usts, such money as shall have been paid into court by the defendant, and shall leave at the clerk's office, and at the defendant's place of dwelling or place of business a written notice stating such acceptance within such reasonable time before the return- day, as the time of payment by the defendant has permitted, the action shall abate, and the plaintiff shall not be liable any further costs, but in default of such notices rom the plaintiff the cause may proceed. The notice may be in the form specified in Schedule 6, to these orders annexed.

}

Inspection of Documents.

XXXIII. Where in any action the plaintiff or defendant is desirous of inspect- ng any written or printed document or instrument in which he has an interest, and o the production of which he is entitled for the purposes of the action, and which shall be in the possession or power or under the control of the other party, such plaintiff or defendant may, before the day of hearing, give notice to the other party that he desires to inspect any such document or instrument, describing the same, at iny place to be appointed by the other party; and if such other party shall neglect or refuse to appoint such place, or to allow such plaintiff or defendant to inspect such document or instrument within a reasonable time after receiving such notice, the judge may, in his discretion, adjourn the cause, and make such order as to costs as he shall think fit.

Withdrawal by Plaintiff.

XXXIV.-If the plaintiff be desirous of not proceeding in the cause, he may give a written notice thereof to the clerk at his office, and to the defendant, and after the receipt of such notice the defendant slall not be entitled to any costs, other than those incurred up to the receipt of such notice, unless the judge shall otherwise order. The notice may be in the form specified in Schedule 7, to these orders annexed.

Defences.

XXXV.- Where the defendant intends to rely on a set-off, illegality, fraud, want of consideration, coverture, with the additional fact that the husband of the defendant was within the colony at the time of action brought, statute or ordinance of limitation, discharge under a bankrupt or insolvent act or ordinance, his notice shall contain the particulars hereinafter mentioned with reference to such grounds of defence, provided that, in case of non-compliance with those rules which apply to such grounds of defence and of the plaintiff's not consenting at the hearing to permit the defendant to avail himself of such defence, the judge may, on such terms as he shall think fit, adjourn the hearing of the cause to enable the defendant to give such notice.

XXXVI.—Where a defendant intends to set-off any debt or demand alleged to be due to him by the plaintiff, he shall give notice thereof in writing to the plaintiff, and to the clerk of the court, and shall deliver to the plaintiff and to the clerk a state-

of the particulars of such set-off.

ment

XXXVII.—Where a defendant intends to rely on the defence of illegality he shall give notice thereof in writing to the plaintiff and to the clerk of court, and shall deliver to the plaintiff and to the clerk a statement of such illegality, and if the illegality be under any statute or ordinance, such statement shall contain a reference to the

statute or ordinance.

XXXVIII.—Where a defendant intends to rely on the defence of fraud, want of consideration, or a statute or ordinance of limitation, he shall give notice thereof in writing to the plaintiff and to the clerk of the court.

the defence of a discharge under any statute or ordinance relating to bankrupts, or for the relief of insolvent debtors, he

69 sed

69€ adv

69 add

098 aged

098 əsrd

09 sed

286

SUMMARY JURISDICTION COURT-HONGKONG,

shall give notice thereof in writing to the plaintiff and to the clerk of the court, settin forth in such notice the date of his discharge.

XL.-Where a defendant intends to rely on the defence of coverture with th additional fact that her husband was within the colony at the time of the commene ment of suit, she shall give notice thereof in writing to the plaintiff and to the clerk of the court, setting forth in such notice the residence of husband.

XLL-Where the defence is a tender, such defence shall not be available unless before or at the hearing of the cause the defendant pays into court the amount allegal

to have been tendered.

XLII.—The forms of notice of defence specified in Schedules 8 and 9, to these orders annexed, may be used with such variations as the circumstances of each cas may require.

Adjournment of Cause.

XLIII. The parties to any cause at any time before the cause is called on, may

by consent and without any hearing fee, postpone the hearing to such subsequent con as the judge shall direct.

XLIV.—Where a cause is adjourned no order of adjournment shall be served on

either party unless by direction of the judge.

XIV. When anything required by the practice of the court to be done by either party, before or during the hearing, has not been done, the judge may, in his discretion, and on such terms as he shall think fit, adjourn the hearing to enable the party to comply with the practice.

Amendment.

XLVI.—Where a person other than the defendant appears at the hearing and admits that be is the person whom the plaintiff intended to charge, his name may be substituted for that of the defendant, if the plaintiff consents, and thereupon the cause shall proceed, as to set-off and other matters, as if such person had been originally named in the summons and the costs of the person originally named as the defendant shall be in the discretion of the judge.

XLVII.—Where a party sues or is sued in a representative character, but at the hearing it appears that he ought to have sued or been sued in his own right, the judge may, at the instance of either party, and on such terms as be shall think fit, amend the proceedings accordingly, and thereupon the cause shall proceed, as to set-off and other matters, as if the proper description of the party had been given in the summons. XLVIII.-Where a party sues or is sued in his own right, but at the hearing it ap fears that he ought to have sued or been sued in a representative character, the judge may, at the instance of either party, and on such terms as he shall think fit, amend the proceedings accordingly, and thereupon the cause shall proceed as to set-off and other matters as if the proper description of the party had been given in the summons.

XLIX.-Where the name or description of a plaintiff in the summons is insufficient or incorrect, it may, at the hearing, be amended at the instance of either party by order of the judge, on such terms as he shall think fit, and thereupon the cause shall proceed as to set-off and other matters, as if the name or description had been originally such as it appears after the amendment has been made.

L.-Where the name or description of a defendant in the summons is insufficien or incorrect, and the defendant appears and objects to the description, it may, at the hearing, be amended at the instance of either party by order of the judge, on such ternis as he shall think fit, and thereupon the cause shall proceed as to set-off and other matters as if the name or description had been originally such as it appears after the amendment has been made; but if no objection is taken to the name or description, the cause may proceed, and in the judgment, and all subsequent proceedings founded thereon, the defendant may be named and described in the same manner.

LI.In actions by or against a husband if a wife be improperly joined or omitted as a party, the summons may, at the hearing, be amended at the instance of either party by order of the judge, on such terms as he shall think fit, and thereupon the cause shall proceed as to set-off and other matters as if the proper person had been made party to

the suit.

matters 38

at the bo

si the pera, z nagripes. inige.

LV.—Wh÷x :*:

an been serval the pace

as the defendant shall

tre persias are made Sefectants, and st

names of the jefen lanı or defendants who bares

$....

ervei may, at the instance of extber pary, te strată nut by,nåer of the judge upin the cause shall provesi as to servofi

such terms as he had the pany or pare whee name in names have not beeen struts

and other matters as out had alone been made defendant or defendante

LVI-Vozies paid on a juipment shall be appropputed frst in saladas

dasi

laeoets, azi adere armacie against the goods, whether executed unproductive, shall be allowed against the defendant, unless the judge

LVII.—Cass

direct.

LVIIL-N:

possession fee sham je parable where an exami

time of the lerri bat if the offer skal devessarily remain tali-an-hour, azhi the ele, atika shuld be paid out on the lay for that day shall be charged.

Orders.

is paid surat

ty, the pussess.

LIX —Orion for payment of money, or evets, or booth, azi priers of ad

when directed to be sentei shall in all cases be prepared by the dierk and deltreret to the bailiff who shall cause them to be delivered to the parties on whim they respectively rental to te serval. Provided always, that it shall not be necessar

the

party in whose favor any order has been made to prove previousig de lite taking

proceedings thereon that it was went or reached the opposite party,

LX-Where the court gives leave to take any proceeding, it shall ant be necessary

to draw up any order, nor shall any order le drawn up to warrant sach proceeding. LXI.-Warrants of execution against the gods shall bear date on the day in

Warrante of Execution against the Grande.

which they are issuei.

LXII-Tue precise time when any application shall be made to the clerk to tout a warrant against the govis of a party shall be entered by him in his took, and on the warrant, and when more than one such warrant shail be delivered to the bankid to be executed he shall execute them in order of the times so entered.

LXIII-The clerk of the court shall. on issuing a warrant of execution against the goods, indorse on such warrant the amount to be levied, distinguishing the amoun adjudged to be paid and the amount of the fee for issuing the warrat:.

098 sed

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SUMMARY JURISDICTION COURT—HONGKONG,

Interpleader.

LXIV.--Where any claim is made to or in respect of any goods or chattels taken in execution, or in respect of the proceeds or value thereof by any landlord for rent, or by any person not being the party against whom such process has issued, and sum. nonses have been issued on the application of the bailiff, such summonses shall be served in such time and mode as hereinbefore directed for a summons to appeal to plaint, and the cases shall proceed as if the claimant were the plaintiff and the execu tion creditor the defendant, and the claimant shall as soon as possible after the receipt of the summons deliver to the bailiff, or leave at the office of the clerk of the court, a articular of any goods or chattels alleged to be the property of the claimant, and the grounds of his claim, or in case of a claim for rent of the amount thereof, and for what period and in respect of what premises the same is claimed to be due, and the name, address, and description of the claimant shall be fully set forth in such particular, and any money paid into court under the execution shall be retained by the clerk until the claim shall have been adjudictated upon; provided that by consent an interpleader claim may be tried although this rule has not been complied with.

LXV.-Interpleader summonses shall be issued by the clerk of the court on the

application of the bailiff without leave of the court.

LXVI.-The forms applicable to the provisions of the two last rules are contained in Schedules 10 to 14 inclusive, and shall be used with such variations as the circum. stances of each case may require.

Security.

LXVII.—In all cases where a party proposes to give a bond by way of security, be shall serve on the opposite party and the clerk of the court at his office, notice of the proposed sureties in the form set forth in Schedule 15, and the clerk shall forth- with give notice to both parties of the day and hour on which he proposes that the bond shall be executed, and shall state in the notice to the obligee that should he have any valid objection to make to the sureties, or either of them, that it must then be made. LXVIII.-The sureties shall make an affidavit of their sufficiency before the clerk of the court in the form in Schedule 16, unless the opposite party shall dispense with such affidavit.

LXIX. The bond shall be executed in the presence of the clerk of the court

but it shall not be necessary for it to be attested.

LXX.--Where a party makes a deposit in lieu of giving a bond, he shall forthwith give notice to the opposite party by post or otherwise of such deposit having been made. LXXI. In all cases where the security is by bond, the bond shall be deposited

with the clerk of the court until the case be finally disposed of.

Appeal.

LXXII. The party dissatisfied with the judgment of the court may prosecute his appeal against such judgment, provided that such party shall within ten days after the pronuncing thereof:-

(1.) Obtain the consent of the judge to such appeal, 2.) Give notice thereof to the opposite party, and

( 3. ) Give security to be approved by the clerk of the court for the costs of the appeal, whatever be the event of the appeal, and for the amount of the judgment, of he be the defendant, and the appeal be dismissed. LXXIII. The ten days referred to in the last rule shall be reckoned exclusive

of the day on which judgment was pronounced. LXXIV. The consent of the judge to an appeal will not, in any case, be given,

unless the unsuccessful party be dissatisfied with the decision of the court in point law or upon the adınission or rejection of evidence.

LXXV. The appealing party upon obtaining the consent of the judge shall give

notice thereof to the successful party and to the clerk of the court.

LXXVI. If execution shall have issued before an appealing party shall have ful- filled the conditions of rule LXXII, the clerk of the court shall, if the conditions are subsequently complied with, give notice thereof to the bailiff, and proceedings execution shall forthwith be stayed.

on such

SUMMARY JURISDICTION COURT-HONGKONG,

289

or their attornies, and if they cannot agree the judge upon being applied to by them LXXVII.-The appeal shall be in the form of a case agreed on by both parties

or their attornies shall settle the same.

LXXVIII.-All cases on appeal shall, unless the judge shall otherwise order, be presented to him for signature at the court holden next after the expiration of twelve lear days from the day on which judgment was pronounced, and shall then be signed copy thereof shall be deposited with the clerk of the court, and another sent by the br the judge, and be sealed with the seal of the court; and when signed and sealed one appellant to the successful party, whilst a third copy shall immediately after the time signing and sealing the same be delivered by the appellant to the Registrar of the Supreme Court, in default whereof the successful party may proceed on the judgment, and shall on application to the court be entitled to such costs as he shall have incurred in consequence of the appellant's proceedings.

LXXIX-If after the case has been delivered, the appellant do not prosecute bis appeal with due diligence according to the practice of the Supreme Court, the successful jarty may apply to the judge for leave to proceed on the judgment, and leave for that purpose may be granted accordingly, if the judge shall think fit; and the successful party shall also be entitled to such costs as he shall have incurred in consequence of the appellant's proceeding: which costs shall be added to the judgment.

LXXX.-When the Supreme Court has pronounced judgment, either party may deposit the original order of the court, or an office copy thereof, with the clerk of the Court of Summary Jurisdiction, and within forty-eight hours from the time of such deposit send a notice thereof to the other party.

LXXXI.—A new trial in pursuance of the order of the Supreme Court, shall be en- tered for trial at the Court of Summary Jurisdiction which shall be holden next after twelve clear days from the time when such order or office copy thereof shall have heen deposited as aforesaid, unless the parties agree that it shall take place sooner, or the judge otherwise order.

LXXXII.—If the order of the Supreme Court be that judgment shall be eutered for either party, then such judgment shall be entered accordingly, and the successful party shall be at liberty to proceed on such judgment as on a judgment of the Court of Summary Jurisdiction.

Abatement of Action.

LXXXIII.—Where one or more of several plaintiffs or defendants shall die before judgment, the suit shall not abate, if the cause of action survive to or against survi- ving parties respectively.

LXXXIV-Where one or more of several plaintiffs or defendants shall die after judgment, proceedings thereon may be taken by the survivor or survivors or against the survivor or survivors without leave of the court.

LXXXV.-Where a married woman is sued as a femme seul, and she obtains judgment on the ground of coverture and that her husband was resident within the colony at the time of action brought, proceedings may be taken upon such judgment in the name of the wife, at the instance of the husband, without leave of the court.

Arbitration.

LXXXVI.—The judge may in any case with the consent of both parties to the suit order the same to be referred to arbitration to such person or persons, and in such manner and on such terms as he shall think fit, and the award shall be entered the judgment in the cause and shall be as binding and effectual to all intents as if ath by the judge: provided that the judge may, if he think fit, on application to him of the first court held after the entry of such award, set aside the same or make such other order in that behalf as he may deem reasonable and just.

Forms.

LXXXVII.—In proceedings for which forms are not provided in the schedules, the clerk of the court shall frame the forms required, using as guides those so provided.

Passed the Legislative Council of Hongkong, this 3rd day of June, 1865.

L. D'ALMADA E CASTRO, Clerk of Council.

198 aged

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290

SUMMARY JURISDICTION COURT-HONGKONG. SCHEDULE REFERRED TO IN THE FOREGOING

ORDERS.

SCHEDULE 1.

Notice of Non-service of a Summons.

IN THE COURT OF SUMMARY JURISDICTION.

No. of Plaint. (Seal.)

Between

A. B. Plaintiff, and

C. D. Defendant.

Take notice that the Summons in this cause has not been served for the follow.

day of

ing reason.

Dated

To the Plaintiff.

186

SCHEDULE 2.

Plaint Note on entering Plaint.

IN THE COURT OF SUMMARY JURISDICTION.

No. of Plaint. (Seal.)

Between

A. B. Plaintiff, and

C. D. Defendant.

FEES PAID.

The above canse was entered this day, and will be tried on the

day of

at the Court House, at ten o'clock in the forenoon.

Dated this

186

E. F.,

Bailif

day of

E. F., Clerk.

SUMMARY JURISDICTION COURT-HONGKONG.

2}}\

N.B.--Bring this note when you come to the court or to the office for any purpose

On the day of hearing bring all books and papers, &c.,

connected with this cause. necessary to prove your case, If you are not in court when your cause is called on it will be struck out. If you have instructed an attorney to appear on your behalf, and neither your attorney nor yourself be present in court, the result will be the saine. If the debt or damage claimed exceeds one hundred dollars you may, if the judge luay certify that the case was such as to render it fit and advisable that you should consent, appear by attorney, and in the event of substantiating your claim, the judge have professional assistauce, but whatever be the fee which you shall pay your attorney. you will in no case be entitled to be reinbursed except as hereunder written.

Attorney's Fec in Proceedings under Section XII. of Ordinance No. 7, of 1862. Hearing and Attendance, $10,

Attorney's Fee except those under Section XII. Upon every Sum of $100 in dispute $8. Attendance at Hearing, $5.

The percentage shall be calculated upon the sum recovered or successfully resisted. If there should be any difference between yourself and the opposite party or between yourself and your attorney with respect to the amount of costs payable by, or to be paid to you, you may apply to the clerk of the court, who will tax the same.

SCHEDULE 3.

Note to be inserted at the foot of the Summons.

If you pay the debt and costs as stated above within twenty-four hours after the service of this summons you will avoid further costs; but you may pay the same at any time before the cause is called on for trial, subject to the payment of any further costs which your delay may have caused the plaintiff to incur.

If you aduit a part only of the claim you may by paying into the clerk's hands the amount so admitted, together with costs proportionate to the amount you pay in within twenty-four hours after the service of the summons, you avoid further costs, unless the plaintiff, at the hearing, shall prove a claim against you exceeding the sum so paid. If you intend to rely on a set-off, illegality, fraud, want of consideration, cover- ture, a statute or ordinance of limitation, or a discharge under a bankrupt or insolvent act or ordinance, you must give notice of such special defence to the clerk of the court and to the plaintiff in writing, and such notice must contain the particulars required by the rules of the court. If your defence be a set-off you must, with each notice thereof, deliver a statement of the particulars. If your defence be a tender, you must pay into court there, or at the hearing, the amount tendered.

papers, &c.,

Bring this summons when you come to the court or to the office for any purpose

On the day of hearing bring all books and

connected with the cause. If you are not in court when the cause is called on,

necessary to prove your case. the plaintiff may proceed in your absence. If you have instructed an attorney to appear on your behalf, and neither your attorney nor yourself be present in court the

result will be the same.

If the debt or damage claimed excecls one hundred dollars you may, if the judg consent, appear by attorney, and in the event of your successfully resisting the plaintiff's claim, the judge may certify that the case was such as to render it fit and advisable that you should have professional assistance, but whatever be the fee which you shall pay your attorney, you will in no case be entitled to be reinbursed except as here.

under written.

Attorney's Fee in Proceedings under Section XII. of Ordinance No. 7, of 1862.

Hearing and Attendance, $10.

Attorney's Fee except those under Section XII. Upon every Sum of $100 in dispute $3.

Attendance at Hearing, $5.

The percentage shall be calculated upon the sum recovered or successfully resisted. If there should be any difference between yourself and the opposite party, or be-

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SUMMARY JURISDICTION COURT-HONGKONG.

tween yourself and your attorney with respect to the amount of costs payable by, or to be paid to you, you may apply to the clerk of the court, who will tax the same.

SCHEDULE 4.

Notice of Payment into Court of whole claim.

IN THE COURT OF SUMMARY JURISDICTION

No. of Plaint. (Seal.)

Between

A. B. Plaintiff,

and C. D. Defendant.

Take notice that the defendant has paid into court the full amount of your demand

is this action, together with your costs therein.

Dated this

day of

186

SUMMARY JURISDICTION COURT-HONGKONG.

243

in full

Take notice that the plaintiff herein elects to accept the sum of $ satisfaction of the sum claimed and of the costs incident to the recovery thereof.

Dated this

day of

To the Clerk of the Court, and to the Defendant.

SCHEDULE 7.

Notice of Withdrawal of Plaintiff's Claim.

IN THE COURT OF SUMMARY JURISDICTION.

No. of Plaint.

(Seal.)

A. B. Plaintiff',

Between

and

186

Plaintiff.

Clerk of Court.

Upon your applying for the above amount it will be necessary that you should

produce the plaint note given to you on the entry of the plaint.

SCHEDULE 5.

Notice of Payment of part of Claim into Court.

IN THE COURT OF SUMMARY JURISDICTION.

No. of Plaint.

C. D. Defendant.

Take notice that the plaintiff will not further proceed herein.

Dated this

day of

To the Clerk of the Court, and to the Defendant.

SCHEDULE 8.

Notice of Set-off.

186

Plaintif

(Seal.)

A. B. Plaintiff,

Between

and

C. D.

Defendant. Take notice that the defendant has paid iuto court the sum of $ together with costs proportionate to that sum. If you elect to accept the same in full satisfaction of the sum clained, and leave with me at my office and at defendant's place of dwelling or place of business forthwith a written notice to that effect, the action will be discontinued, and you will be liable to no further costs. In default of such notice the action may proceed; and if you do not appear at the hearing you will be liable to pay to the defendant such costs as he may incur for appearance at the hearing, or such other sum of money as the judge may order for expenses subsequent to the payment into court.

Dated this

day of

186

IN THE COURT OF SUMMARY JURISDICTION.

No. of Plaint.

(Seal.)

A. B. Plaintiff,

Between

and

C. D. Defendant.

Take notice that I intend at the hearing of this cause to claim a set-off against

the plaintiff's demand, the particulars of which set-off are annexed hereto.

186

Dated this

day of

To the Clerk of the Court and the Plaintiff.

Defendant.

Clerk of Court.

SCHEDULE 9.

Notice of Special Defence.

To the Plaintiff.

Upon your leaving such notice and applying for the above amount it will be necessary that you should produce the plaint-note given to you on the entry of the plaint.

SCHEDULE 6.

Notice of Election to accept Money paid into Court.

IN THE COURT OF SUMMARY JUKISDICTION.

No. of Plaint.

(Seal.)

Between

A. B. Plaintiff, and

C. D. Defendant.

IN THE COURT OF SUMMARY JURISDICTION.

No. of Plaint.

(Seal.)

Between

and C. D. Defendant.

Take notice that I intend at the hearing of this cause to give in evidence and rely

upon the following ground of defence.

Dated this

day of

To the Clerk of the Court and the Plaintiff.

186

Defendant.

gard

Eg sed

the aged

98 ased

204

SUMMARY JURISDICTION COURT—HONGKONG.

That the contract was in itself illegal, or that the plaintiff was not legally qualified to contract, or that the contract was made for illegal purposes, or as the case may be. [If illegality be created by statute or ordinance reference must be had to statute or

ordinance.]

That I was induced to make the alleged promise [or agreement or to accept the said bill or to execute the alleged deed or to contract the alleged debt] by the fraud of the plaintiff.

That there was no consideration for the contract sved upon.

That I was at the time when the supposed claim arose [or the supposed contract

or agreement was made]the wife of commencement of this

of And that at the time of the suit he was within this colony, and now resides at That the claim for which I am summoned is barred by a statute [or

ordinance] of limitation,

That I was on the

day of

ordinance, 1864" [or as the case may be.]

"The bankruptcy

SUMMARY JURISDICTION COURT-HONGKONG.

Name, address, and description of claimant.]

on the

295

You are hereby summoned to appear at a court to be holden at the court-house next, at ten o'clock in the forenoon, to support a claim made by you to certain goods and chattels (or monies, &c.,) taken in execution under

day of issued in this action at the instance of [the execution creditor] and in default

process

of your then establishing such claim the said goods and chattels will then be sold [or the said monies, &c., paid over] according to the exigency of the said process; and take notice that you are hereby required as soon as possible after the receipt of this summons, to deliver to the bailiff, or leave at my office, particulars of the goods and chattels which [or the proceeds whereof] are claimed by you, and of the grounds of your claim; and in such particulars you shall set forth fully your name, address, and description; and take notice that in the event of your not giving such particulars as aforesaid your claim will not be heard by the court.

Dated this

day of

186

SCHEDULE 10.

То

Clerk of the Court.

Interpleader Summons to Execution Creditor.

IN THE COURT OF SUMMARY JURISDICTION.

No. of Plaint.

(Seal.)

A. B. Plaintiff,

Between

and

•

C. D. Defendant.

Whereas [here insert the name, address and description of claimant, so far as is then known] hath made a claim to [certain goods and chattels (or monies, &c.,) taken in execution under process issuing out of this court at your instance] [or certain rent alleged to be due to him.]

You are therefore hereby summoned to appear at a court to be holden at the

day of

next, at ten o'clock in the forenoon,

court house on the when the said claim will be adjudicated upon and such order made thereupon as to the judge shall seem fit.

To the Plaintiff.

Dated this

day of

SCHEDULE 11.

186

Clerk of the Court.

Interpleader summons to a claimant setting up a claim to the goods or the

proceeds thereof.

IN THE COURT OF SUMMARY JURISDICTION.

No. of Plaint.

(Seal.)

SCHEDULE 12.

Interpleader Summons to a claimant setting up a claim to rent in respect of the premises upon which the execution was levied.

IN THE COURT OF SUMMARY JURISDICTION,

No. of Plaint. (Seal.)

Between

A. B. Plaintiff.

and

(C. D. Defendant.

¿Name, address, and description of claimant].

on the

You are hereby summoned to appear at a court to be holden at the court-house next, at ten o'clock, in the forenoon, to support a claim made by you to certain rent alleged by you to be due to you in respect of and

day of Issuing out of certain premises upon which certain goods and chattels were taken in execution under process of this court, in this action, at the instance of [the execution creditor], and in default of your then establishing such claim the said goods and chattels will then be sold, and the proceeds thereof paid over according to the exigency of the said process [or if such goods and chattels shall have been then sold then the proceeds of such sale will be paid over according to the exigency of the said process;] and take notice that you are hereby required as soon as possible after the receipt of this summons, to deliver to the bailiff, or leave at my office, particulars of the amount of the rent claimed by you, and of the period for which, and of the premises in respect of which you claim such rent, and of the grounds of your claim; and in such particu- shall set forth fully your name, address, and description; and take notice that in the event of your not giving such particulars your claim will not be heard by

lars

you

the Court.

Dated this

day of

186

Between

A. B. Plaintiff,

and

C. D. Defendant.

to add

Clerk of the Court.

19 d

19 add

se sed

296

SUMMARY JURISDICTION COURT—HONGKONG.

SCHEDULE 13.

Order on an Interpleader Summons where the Claim is not established.

IN THE COURT OF SUMMARY JURISDICTION.

.I..

il..

No. of Plaint. (Scal.)

A. B. Plaintiff,

Between

and

C. D. Defendant.

E. F., Claimant.

It is this day adjudged touching the claim of E. F. to certain goods and chattels [or monies, fr.,] taken in execution in this action [or to certain rent alleged to be due to him] that the said goods and chattels [or monies, &c., or part thereof to wit, &c.. specifying them] are the property of execution debtor [or that there is no rent due to the said E. F.]

And it

ordered that the costs of this proceeding amounting to $

the said E. F. to the clerk of the court, on or before the the use of the execution creditor.

Given under the seal of this court this

day of

D. - 1.01

be paid by

INO LOW - THE vil jamos vite klī gas **** 1 LI* r

day of

next, for

KIT OTON # u tome

186

Judge.

SCHEDULE 14.

Order on an Interpleader Summons where the Claim is established.

IN THE COURT OF SUMMARY JURISDICTION.

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ESDE AULATON F 1

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RULES DE TEI DI

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ian Tre un dru

No. of Plaint.

(Seal.)

Between

(A. B. Plaintiff,

and

C. D. Defendant.

E. F., Claimant.

It is this day adjudged touching the claim of E. F. to certain goods and chattels [or monies, &c.,] taken in execution in this action [or to certain rent alleged to be due to him] that the said goods and chattels [or monies, &c., or part thereof to wit specify- ing them] are his property [or that rent to the amount of $ is due to him.] And it is ordered that the said [execution creditor] do pay to the clerk of this day

court for the use of the said E. F. 3

186

Given under the seal of the court this

for costs on or before the

day of

186

Judge.

1-nim mu Zgiring Jus at 1 cues i de sominairement Ị

we lures un te ar mhe i iminentement a cwn uuf ver 4-ŠVNENE it the Lease ai fon 1 2.I. TE ¦ 3L.

4-ben me? Da

****

jde tegamen, de oficer of a L 2:

WE “omaine for ur wicem fie” “una 172 je plikel

SCHEDULE 15.

Notice of Sureties.

IN THE COURT OF SUMMARY JURISDICTION.

No. of Plaint.

(Seal.)

Between

A. B. Plaintiff, and

C. D. Defendant.

ร

}

gard

998 aged

998 ad

998 aged

RULES AFFECTING SICK SEAMEN, TO BE OBSERVED BY THE COLONIAL SURGEON AND THE HARBOUR MASTER.

In any case of a Destitute Sick Seaman whom the Colonial Surgeon may deem it expedient to send to his native country or elsewhere, either because he is sufficiently recovered for that purpose or because he requires change, and is deemed able to undergo the voyage, the following rules shall be observed :-

I.-Each man's name requiring a passage shall be placed by the Colonial Surgeon

on a list, which shall be sent to the Harbour Master on the last day of each week.

II. This list shall specify the name, age, country, date of admission into hospital, and by whose order admitted, the disease, and whether the patient is fit to proceed without medical attendance, whither proceeding, and how far he is furnished with clothing and bedding.

If the disease be contagious or of an offensive description, notice must be given,

and when immediate removal is necessary, it must be so specified.

III.-The Harbour Master, on receipt of the Colonial Surgeon's list, is to take the best means of obtaining the desired passages, and will afford early intimation to the Superintendent of the Civil Hospital of the probable departure of the vessel, in which the passages are engaged, and will also give notice if a surgeon is on board such ship.

IV.-All necessary clothing and bedding required by the sick men are to be pro- vided by the Harbour Master, and the Colonial Surgeon, when he considers it advisable, is to provide medicines.

V.—The Harbour Master is to send to the hospital for the sick men, and to have

charge of their embarkation.

VI.-A short account of the case is to be supplied to the Harbour Master by the Superintendent of the hospital. This account is to be delivered to the surgeon on board, if the vessel carries a surgeon.

VII.—On the occurrence of a death in the Government Civil Hospital, it shall be the duty of the Superintendent to give immediate notice to the Government under- taker, who will act according to the rules laid down in his contract.

VIII.-When an order for a passage is submitted to His Excellency the Governor for signature, it is to be accompanied by a copy of the Colonial Surgeon's list, and a note of the steps taken thereon, certified by the Harbour Master.

By command,

W. T. MERCER,

Colonial Secretary.

COLONIAL SECRETARY'S OFFICE, Hongkong, 5th November, 1866.

PORT, CONSULAR, CUSTOMS, AND HARBOUR

REGULATIONS, &c.

GENERAL REGULATIONS,

Port Regulations to secure the observance of Treaties and the maintainance of friendly relations between British Subjects and Chinese Subjects and Authorities, made in pursuance of Section 85 of the China and Japan Order in Council 1865. L-All port rules and regulations heretofore in force to secure the observance of Treaties and the maintenance of friendly relations between British subjects and Chinese subjects and authorities, having reference to any of the 13 ports open for trade in China, are repealed from and after the

day of

upon and II. The British Consulate offices at the several open ports shall be opened for public business from 10 o'clock A.M. to 4 o'clock P.M. daily, excepting Sundays, Christ- was day, Good Friday, Queen's birth day, Easter Monday, and those holidays upon which public offices in England are closed, Chinese New Year's day and such Chinese holidays as the Chinese Customs authorities may observe.

from which day the following regulations shall take effect and be observed.

IÍL.--On the arrival of any British vessel at the anchorage of any of the open ports, the master shall, within 24 hours, deposit his ship's papers together with a sum- mary of the manifest of her cargo at the Consulate office, unless a Sunday or holiday

should intervene.

IV.-Every British vessel must show her national colours on entering the port or anchorage, and keep them hoisted until she shall have been reported at the Consulate and her papers deposited there.

V-No British vessel or any vessel the property of a British subject, unless pro- vided with a certificate of registry, or provisional or other pass from the Superinten- dent of Trade at Peking or from the Colonial Government at Hongkong, shall hoist the British ensign within any port or anchorage, or any flag similar to the British: en- sign, or of a character not to be easily distinguishable from it. Nor shall any regis- tered British vessel Lying the Red ensign hoist any other ensign or flag (except she be entitled to fly the Blue ensign) in use by Her Majesty's vessels of war, or the na- tional ensign of any foreign States or any ensign or flag not plainly distinguishable from the ensigns used by Iler Majesty's ships of war or from those flown by ships of foreign States.

-Should any seaman absent himself without permission, the master shall forthwith report the same at the Consulate office, and take the necessary measures for of the absentee, and it shall be lawful for the Consul, if circumstances require it, in his discretion to prohibit leave being given to seamen to come

the

الحداء

recovery

ashore, and any master who shall violate such prohibition shail incur the penalties

bereinafter declared.

VII. The discharge of guns or other firearms from vessels in harbour is strictly

prohibited, unless premission shall have been granted by the Consul.

VIII.-Masters of vessels when reporting their arrival at a Port shall notify in writing the names of all passengers and persons not forming part of the articled

998 aged

498 aged

498 əsrd

498 sed

300

PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &.

crew on board, and previous to leaving, notice must be given of the number ani names of all persons, not forming part of the articled crow, intending to leave th port on board any vessel.

IX. —All cases of death occurring at sea must be reported to the Consul within 24 hours of the vessels arriving in Port or Harbour, and all cases of death, on board vessels in Harbour, or in the residence of British subjects on shore, must be im- mediately reported at the Consulate office, and in the event of sudden or accidental death the fullest information obtainable should be given. In is strictly prohibited to throw overbeard the bodies of seamen or other persons dying on board of a vessel in Harbour. Except in cases of urgent necessity, no burial should take place on shore or from any ship in Harbour without the license of the Consul first obtained.

X-Stone or ballast shall not be thrown overboard in any Port or Harbour unless permission shall have been first obtained from the local authorities through the intervention of Her Majesty's Consular officer.

X1.—All cases of loss of property by theft or fraud on board ships, as well as of assault or felony requiring redress or involving the public peace, must be immediately reported at the Consulate office.

Any Chinese subject guilty of a misdemeanour on shore or afloat may be detained on detection, but information must in such cases be forthwith lodged at the Consulate office, and in no instance shall British Subjects be permitted to use violence towards Chinese offenders or take the law into their own hands.

XII.-Any vessel laden with Gunpowder or other explosive material, or having in the whole above 200 lbs. of such material on board, shall not approach nearer than a distance of one mile from the limits of the anchorage. On arriving at that distance she must be forthwith reported to the Consular Authority.

Special anchorages or stations will be assigned for such ships in the neighbour.

hood of the Ports.

XIII.-No seamen or other person belonging to a British ship may be dis- charged or left behind at any port or anchorage without the express sanction of the Consul, and not then until sufficient security shall have been given for his mainte- nance and good behaviour while remaining on shore, and if required, for the expenses incident to his shipment to a Port in the United Kingdom or to a Colonial Port, according as the seaman or other person may be a native of Great Britain or of any British Colony.

If any British subject left at a Port or anchorage by a British vessel be found requiring public relief prior to the departure of such vessel from the Dominions of the Emperor of China, the vessel will be held responsible for the maintenance and removal of such British subject.

XIV. When a vessel is ready to leave a port or anchorage, the master or consignee shall apply at the Chinese Custom House for a Chinese port clearance, and on his presenting this document, together with a copy of the manifest of his export cargo, at the Consulate office, his ship's papers will be restored, and he will be furnished with a Consular port clearance, on receiving which the vessel will be at liberty to leave the port. Should any vessel take in or discharge cargo subsequent to the issue of the Customs clearance, the master will be subject to a penalty, and the ship to such detention as may be necessary to the ends of justice.

XV.-When a vessel is ready to leave a port or anchorage, the master shall give notice thereof to the Consul, and shall hoist a Blue Peter at least 24 hours before the time appointed for her departure. The Consul may dispense with the observance of this regulation on security being given that claims presented within 24 hours will be paid. XVI.-No British subject may establish or carry on an hotel, boarding or eating-house, house of establishment, or shop for the sale of liquors within the Consular district without the sanction and license of the Consul, and payment of such fees in respect of such license yearly or otherwise as may be duly authorised. The Consul shall require every person so licensed to give security for the good conduct of all inmates and frequenters of his house, and also that he will not harbour

PORT, CONSULAK CUSTOMS AND HABROE DE

any seaman las Escharge accompanied by

written sanction from the Consul to reside on shore

Every person se licensed will be held accountable for the good conduct of all mates and frequenters of his house, and in case their misconduct may be sued

upon the instrument of security so given. -Any British subject desiring to proceed up the country to a greater passport, and any one found without such a passport beyond that distance will be distance than thirty miles from any Treaty port, is ruited to procure a Consulat

able to prosecution and to a fine not exceeding $1

XVIII-The term Consul in these Regulations shall be construed to include all and every officer in Her Majesty's Consular service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or other pers n duly authorized to act in any of the

oresaid capacities within the dominions of the Emperor of China

XIX-British vessels are bound as to mooring and pilotage to act in accordance with the Farbour and Pilot Regulations authorized in each port by the Customs" authorized Harbour Master, and approved of by the British Consul, and any infraction of the same shall render the party offending liable at the discretion of the Consul to the penalties attached to these regulations.

No loading or discharging of cargo may be carried on except within the limits of the anchorage defined by the Consul and the Chinese authorities of each port respectively.

་

XX-Any infringement of the preceding General Regutions or of the Special Regulations, shall subject the offender to a fine of not less than 5 and not exceeding 500 dollars, according to the circumstances, without imprisorment, witl, » further fine for continuing offences not less than 25 and not exceeding 250 dollars? ach day during which the offence continues after the original fine is in-urred; such ià ́s to be inflicted, levied and enforced in accordance with the order of Her Majesty in Conneil, dated the 9th day of March, 1365--or for the repeated and continued offences to imprisonment for any number of days not exceeding 100 days, with or without hard labour and with or without cost of maintenance, the same to be recovered by distress.

NOTE. All fines levied by virtue of or under the General or Special Port Regu- lations, are to be applied as directed by the Order in Council, in diminution of the Public Expenditure, unless otherwise specially ordered.

SPECIAL LOCAL REGULATIONS.

CANTON AND WHAMPOA.

I.-The anchorage for the loading and discharge of British vessels at the port of Canton is at Whampoa, the limits of which are defined: On the North-by a line drawn from Sulphur Point, Honan Island, across the East end of Watson's Island to the North Bank of the River; on the South-by a line drawn from Sully Point, French Is- land, along the North side of Dane's Island to the North end of Island No. 2; on the Bast-by a line drawn due North from the North end of Island No. 2 to the North tank of the River; on the West by a line drawn due North from Sully Point, French Island, to Honan Ísland.

II.-Should Her Majesty's Consul or Vice-consul see fit, he may notify in writing the master of any British ship that he is not to grant leave of absence to any of his go on shore. An infringement of such notification will subject the offender to

crew to

a fine.

III-Masters of vessels are probibited from granting liberty on any pretence to their crews to proceed to Canton, except the leave of the Consul or Vice-Consul be

obtained.

hop for the sale of liquors, shall exhibit in a conspicuous part of the house a tariff IV. The keeper of every licensed boarding-house, house of entertainment or

498 aged

498 v

498 ed

898 aged

89 d

302

PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &‹.

of charges. Such house shall be liable to be visited at any time by a constable oi other person deputed by the Consul or Vice-consul for the purpose of inspection. V.-No licensed boarding house, house of entertainment, or shop for the sale of liquors, shall be transferred, or sub-let, without the consent of the Consul or Vice-consul. VI --No keeper of a licensed boarding house, house of entertainment, or shop for the sale of liquors, shall under any circumstances enter into partnership with a person not a British subject, nor shall any British subject act as a barman, runner, or in other similar capacity, in any boarding house, house of entertainment, or shop for the sale of liquors, British or other, without permission of the Consul or Vice-consul.

VII.-Ou anchoring at Whampoa the master of any British vessel will without delay lodge the articles of his crew with the British Vice-consul, and within 24 hours of arrival he will deposit at Her Majesty's Consulate at Canton his ship's register and a copy of his inward manifest.

When the vessel is ready for sea the master will procure from the Custom House a port clearance, and on exhibiting this at the consulate and depositing a copy of his export manifest he will receive back the ship's register, on presenting which to the Vice-consul at Whampoa he will receive the ship's articles and an English port clear- ance, on payment of the requisite fees.

VIII.—Any individual appealing from the decision of the Vice-Consul at Whampoa, is required to forward his appeal under flying seal through the Vice-Consul to the Consul at Canton.

IX.—River steamers regularly engaged in transmission of passengers or goods between Canton and Hongkong, may, if permitted by the Customs' authorities, load and discharge at Canton.

CANTON,

CUSTOMS AND HARBOUR RULES AND REGULATIONS.

RIVER STEAMER REGULATIONS.

I-On entering port, masters of river steamers must have their import manfests in readiness to hand to the customs' officer, who will board the vessel on arrival. For cargo to be discharged at Whampoa, a separate manifest will be required to be hande-i to the customs' officer at that place.

The customs must in all cases be furnished with Import manifest, before any cargo

can be discharged.

II. Consignees are not required to make application to the customs for permission to remove consigninents from the steamers, but all goods imported in such vessels must, on being discharged, be taken for examination to the customs jetty.

III.-All exports for shipments, by river steamers, must be sent to the customs

jetty for examination, on which a permit to ship will be granted.

IV.--Manifest of cargoes exported must be handed to the customs' officer on the

return trip of the steamers.

V.-River steamers must not land or ship cargo at any other place in the river than Canton and Whampoa. Any breach of these regulations respecting the ship. ment or discharge of goods exposes such goods to seizure and confiscation.

VI.—The custom house is open for the transaction of business from 10 A.M. to P.M., and the river steamer office from sunrise to sunset, Sundays and holidays excepted. All applications regarding customs' business should be addressed to the

“COMMISSIONER OF CUSTOMS.'

Office of Maritime Customs, Canton.

CUSTOM HOUSE REGULATIONS.

I.—Masters must deposit their ship's papers and manifest with their Consul, (ii

they have no Consul, with the customs,) within 48 hours after entering the port.

PORT

II.-The

on board, and inst sun le atter lei A III-The im

with the Cons: ¿

of'applications srecnyi

and such like partietārs.

IV-Before shipment digi

MATHI

.i.

and slay's paper

kaigei

marks, weight,

qaaurity,

le granted, on the receipt

like manner be

obtained.

V.—Cargo for which a purnar has been issued ut which cannot be received en beard, must be brought to the custous-house jetty for examination, before being

re-landed.

IT-When a vessel has received on board the whole et ler outward cargo, the

customs must be furnished with an expert manifest.

Vll.-After examination of goods, consignees or shippers will be Fied with

supp

memo, for which early application should be made, of the duties payable.

They may then jar in the account to the Hae Kwan Bank or receiving office, when they will be furnished with a duty receipt in Chinese, which they must bring tɔ

the customs.

Import duties are due upon the landing of the goods, and export duties on their shipment. Amendment in respect of weight or value must be made within 24 hours after the landing or shipment of the goods.

VIII.--On application being made for the customs' clearance, if the customs are satisfied that the import and export manifests are correct, and that all dues and duties have been paid, the clearance will be issued.

LX.—În all cases of transhipment, application must be ma de for a tranship permit.

Goods transhipped before receift of such permit are liable to coutiscation.

X-Cargo boats conveying goods from Cauton to Whampoa for shipment there, must be taken for examination to the customs' jetty, before the goods can be put ou board the ship. On arrival at Whampoa, their permits must be exhibited at the Floating Custom House, for countersignature, in like manner the permits of carg boats conveying goods to Canton fron ships at Whampoa must be countersigned at the Whampoa Floating Custom House, and on arrival at Canton they must repair t› the customs jetty for examination.

MACAO.

PORT REGULATIONS.

-Auy vessel nearing the roads and wanting a pilot, must have its national tlag

at the foremast head.

II~No notice will be taken at the office of the captain of the port of any damagə

occurring to vessels coming in or going out when not piloted by the office pilot.

III.The captain of the port may not employ any pilot without having previously examined him; and as it is necessary to keep a pilot establishment, vessels coming or going out without such office pilot may not be exempted from payment of pilotage dues. The captain of a vessel or his agent shall report bis vessel at the captain of the port's office within 24 hours after his arrival, and in default of doing so he sball

My a fine of 100 dollars.

•

V.-The captain of a vessel on landing shall present his ship's papers at the office

of the captain of the port; where they will remain until his departure.

going out.

gunpowder must be deposited at the Barra Fort, from whence it can be received on VIL-It is forbidden to throw ballast or rubbish overboard in port, under a

penalty of 100 dollars.

898 sed

898 aged

89 d

698 aged

698 sed

69 sed

304

PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &c. VIII.—Vessels are not permitted to change their moorings in the river without

the permission of the captain of the port.

IX.-Vessels must keep their sheet anchors ready for letting go.

X.-If any man deserts his vessel, the same must be reported to the captain of the port, who will assist in his apprehension, and if during the stay of the vessel in port the man cannot be found, and should appear after her departure, he shall be arrested (if so required) and delivered to the police authorities.

Xl.--It is forbidden to land invalids without the consent of the captain of the port.

For contravention of this a fine will be imposed of 100 dollars.

XII.—If the captain of a vessel wishes to send any sick man to the Hospital, be

must apply to the captain of the port; the vessel being answerable for the expenses. XIII.—The captain of a vessel may not discharge either part or the whole of his

crew in Macao, without the permission of the captain of the port.

XIV.-Vessels coming to in the roads, with intention of loading or unloading, must report at the office of the captain of the port, as ordained by the 5th Art. The agents will be held answerable for the neglect.

Macao, 12th March, 1855.

JOZE CARLOS BARROS,

Acting Secretary to the Governor,

SWATOW.

REGULATIONS FOR COASTING STEAMERS.

9th May, 1864.

I.-The agent or agents of each British steamer or line of steamers engaged in the Coasting Trade between Foochow and Hongkong and intermediate ports, will be required to give a bond as guarantee for the due observance by them of the Treaty and Local Regulations.

II.-After any such steamer has been reported at the Consulate office, and her papers lodged according to the usual form, it will not be necessary (unless she has to renew her tonnage dues certificate) that she should again be formally reported for four months; but whenever she enters the port, her arrival must be notified at the Consulate. It will not, however, be required that her papers should be shown or a clearance obtained.

III-A manifest will have to be handed in, at the expiration of every month, of

all cargo and treasure imported into or exported from the port.

IV.-The fee for every entry as a "coasting steamer" shall be $12. V.—It will be incumbent on the agent or master of a "coasting steamer," under a penalty of $25, to notify at this Consulate office within one hour after her arrival, should it be during daylight, or before 8 A.M. should it be dark, the hour at which it is intended to despatch every such steamer. And should any steamer engaged in the Coasting Trade depart previous to the hour for which she has been circulated (such time to be taken from the clock in the Consulate office) a fine of $50 will be inflicted.

AMOY.

The limits of the port are defined within lines drawn from the Southernmost point of Amoy Island south eastward to the Island nearest to it, and thence in the direction of the high pagoda to the point of Lam-tai-hoo Hill; and from the Northern- most point of Amoy Island to the opposite point on the mainland. All the islands and waters between these lines are therefore included within the limits of the port.

CUSTOMS' REGULATIONS FOR THE PORT OF AMOY. I.-The limits of the port are defined within lines drawn from the Southern- most point of Amoy island South-eastward to the nearest island; and thence in the direction of the high Pagoda, to the point of Lam-tae-hoo Hill; and from the North ernmost point of Amoy island to the opposite point on the mainland.

PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &c.

305

II. The shipment and discharge of cargo can only be carried on in the inuer Barbour between Kulansoo and Amov: Northern and Southern limits. The autho- rised Customs' jetties for the examination, landing, and shipment of goods, are those known as the Kang-ah-kow and Custom-house wharves.

manifest with their Consul (if they have no Consul, with the Customis) within 48 hours III-Masters of merchant vessels must deposit their ships' papers and import

after entering the port.

IV-The import manifest must contain a true account of the nature of the cargo on hoard, and must be banded to the Customs, signed by the master, before any appli-

ation to break bulk can be attended to.

V.The landing and discharging of cargo must be carried on within the limits --can only take place between sunrise

of the inner anchorage, as defined in Rule II.,- and sunset, and cannot go on, without special permission, on Sundays and Holidays. Cargo-boats employed for the shipment or landing of merchandise cannot make use of other jetties than those specified in Rule II.

VI-When ready to discharge cargo, the consignee must send to the Customs an application in Chinese (and English) giving full particulars of the cargo to be discharged, when he will be furnished with a permit to remove his cousignment from the ship by which it is imported, and to place the same in a cargo-boat. The cargo-boat must then repair to one of the authorised jetties, in order that the goods may be ex- amined and assessed for duty. A "Customs' memo.' will thereon be issued, to be taken to the bank by the consignee, who, upon payment of the duty therein noted, Upon the presentation at the office of

will be supplied with a "Duty Receipt." will be issued. The goods im-

Duty-paid Order ported may then be removed from the Customs' jetty, and placed in the merchant's Customs of the duty receipt, a godown.

VII-In the case of goods to be shipped, the shipper must send them to one of the authorised jetties for examination, with an application in Chinese (and English) for a permit to ship, containing all necessary particulars. The goods will then be ex- amined, and a "Customs' memo." issued, and on the production at the office of the "Duty Receipt," a "Duty-paid Order" will be issued, authorising the shipment. VIII.-Cargo for which a shipment permit has been issued, but which cannot be received on board, must be brought to one of the authorised jetties for examination before being re-landed.

IX.-No transhipment can take place without special written permission. X-Drawback, exemption, or coast trade duty certificates will be issued simulta- neously with the permit for the shipment of the goods covered by them. Exemption or coast trade duty certificates for goods imported must be presented simultaneously with the consignee's application for the permit to land.

XI-Before application is made for the "Customs clearance," the export All dues and duties having

manifest, signed by the master, must be handed in. been paid, the clearance will be issued.

N.B.-The office of Customs is open for the transaction of business from 10 A.M.

to 4 P.M.

Applications regarding Customs' business should be addressed to "The Com-

missioner of Customs."

HARBOUR REGULATIONS.

The following Regulations are approved by the Consuls representing Treaty Powers at the port, and are instituted for the order and security of foreign shipping: -Vessels on entering the harbour must stop above or below the shipping,

mtil the Harbour-master bas assigned them a berth. with as little delay as possible.

Masters to moor their vessels

II-Each vessel will moor in the berth allotted to her, with from thirty to forty

fathoms of chain on each cable, or more, if the Harbour-master thinks necessary.

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PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &c. III.—Vessels shall rig in jib and spanker booms, and top or brace up lower and

top-sail yards.

IV-No ballast to be thrown overboard in the harbour, without special permission

from the Harbour-master.

V.-No pitch, or other inflammable substance, to be boiled on board any ship in the harbour. Spirits or other inflammable liquids to be drawn off by daylight. The use of artificial light for such purpose is forbidden.

VI.-Vessels unprovided with a fire engine, must have a bucket fitted with a

lanyard for each man on board, before a berth can be assigned them.

VII.-Vessels to keep a clear hawse, and to have more chain on deck when bad

weather is apprehended.

VIII.-No boats, warps, or lines to be made fast to any of the Beacons or Buoys. No warps or lines to be run out from dusk till daylight; and when such are in use during the day, a look-out must be kept to slack or let go when passing vessels or boats require it. Boats moored astern of ships to be within a reasonable distance of the vessel, so as not to hinder passage.

1X.-Lights to be carried on the extreme starboard fore-yard arm, if required by

the llarbour-master.

X.—Vessels not to anchor in that part of the harbour kept clear for steamers. XI.—No fire-arms to be discharged within the limits of the harbour without special notification from the Consul to the Customs; and if the vessel has no Consul to refer to, without express permission from the Commissioner of Customs.

XII.-Power is vested in the Harbour-master to make bye-laws, which, in his experience of the requirements of the port, he may think desirable,-publicity to which bye-laws will be given by posting them in the Custom-house for general information. XIII.-The Regulations do not modify or affect any obligation or right of vessels,

under the laws of seas and rivers, recognised by civilized nations.

XIV.-A breach of any of these Regulations shall be visited with a penalty not exceeding one hundred dollars; which shall be inflicted on the offender by the Consul of the nation to which such offender belongs, provided such a nation be a Treaty Power, otherwise by the Superintendent of Customs.

NOTICE TO MARINERS.

The Buoys marking the dangers in the harbour of Amoy have been painted according to the rule in use by the British Admiralty and Trinity Board, viz.:-to mark the starboard side of channels entering by black or red buoys only, the port side of channels entering by black or red buoys chequered, or vertically striped with white, and middle grounds by horizontally striped buoys.

Kellet Spit, north end, formerly marked by a striped buoy, is now marked by a

red buoy.

Coker Rocks, formerly marked by a red buoy, are now marked by a vertically striped red and white buoy. This buoy has been placed about 20 fathoms to the E.S.E. of the shoalest patch, in order to guard vessels against ledges of rock, with 15 feet water found to exist in that direction, and it may be passed close to on the port The shoalest patch, or pinnacle of the Coker

band when entering the harbour. Rocks, has a floating beacon on it until further notice.

New Rock, in North part of harbour, and Brown's Rock are marked by horizon.

tally striped buoys.

In case any of these buoys are lost or moved, the position will as soon as possible

be marked by a flag-boat or floating beacon.

Office of Maritime Customs,

Amoy, 13th August, 1868.

JAMES JONES, Clerk in Charge.

PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &c. 307

the Kinpae Pass.

FOOCHOW.

The limits of the port of Foochow extend from the Wantae or City Bridge to be forwarded under flying seal, through the Vice-consul, or to the Consul at Foochow. Any appeal from the decision of the Vice-consul at Pagoda Island is required to

TAIWAN.

Masters of vessels frequenting this port shall be required to send in every day 10 the Consul a list of the names of the men to whom they give permission to go on shore, and shall allow none to go on shore except those included in the list. It shall be competent to the Consul to prohibit leave being given to the men of any vessel to come ashore if he shall think it so to do.

TAMSUY AND KELUNG.

The limits of the port of Tamsuy are defined to be from Sand Point in a straight

line bearing N.N.E. to the Red Fort.

The limits of the port of Kelung are defined to be within a straight line drawn

from Image Point to Bush Island.

SHANGHAI.

I-The port is limited seawards by a line drawn from Pae-shan Point to battery

on the right bank of the river below Woosung.

II. The anchorage is limited by a line running East and West from Mr. Cul- bertson's house under the City Wall, and North by the Harbour Master's Hulk “Nga- pu-hi.”

NINGPO.

The port of Ningpo is construed to include any portion of the Yang or Ningro river contained within a line from the northern extremity of the Chinhai promontory, called by the Chinese Chaou-paou shan, to the islet known variously as the inner triangle, the Pasyen island, and the Hoo-tsun-shan. And a second line running from the said islet to the northern base of the hill on the eastern side of the mouth of the Yang river, known as Look-out Hill.

CUSTOM-HOUSE REGULATIONS.

-The port shall be considered to have been entered by any vessel that has crossed the line supposed to be drawn from the Chaou-pau-shan to the Kin-shan at Chinhae

II.-On entering the port tide-waiters will be placed ou board. III-The limits within which the shipment and discharge of cargo can take place, are the British cemetery, the bridge of boats, and the salt gate ferry. A vessel baving once anchored within these limits must not change her position before obtain- ing permission to do so from the Customs.

IV-Vessels must, within forty-eight hours after entering the port, deposit with the Consul their papers and manifest. If there be no Consul, they must be deposited

with the Customs.

particulars,-quantity, marks and numbers, &c., &c., and any changes must be made V-Manifests must be signed by the masters of vessels, and must contain all

VI.-Landing and discharging of cargo or ballast can only take place between sun-

within twenty-four hours. rise and sunset, and cannot go on without special permission on Sundays and holidays. VII-When ready to discharge cargo, the consignee must send to the customs an application in Chinese (and English) giving full particulars of the goods to be discharged, on which he will be furnished with a permit to remove his consignment from the ship

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FORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &c.

by which imported, and place the same on board a cargo-boat: the cargo-boat must then repair to the customs' jetty in order that the goods may be examined and assessed for duty; a customs memo. will thereon be issued, which the consignee must take to the Haekwan Bank, when, on payment of the duty as noted in the customs' memo he will be supplied with a receipt: this receipt he must then take to the office of cus- toms, in return for which he will be handed a "Duty paid order," upon which he may remove his consigument from the customs' jetty, and place it in his godown.

VIII.—In the case of goods to be shipped, the shipper must send them to the customs' jetty for examination, with an application in Chinese (and English) for permit to ship, containing all necessary particulars; and must at the same time hand in the barrier pass, shewing that the goods have paid transit dues. The goods will then be examined and a customs memo, issued, and on production at the office of the bank receipt, a “Duty paid order" will be issued, upon which shipment may take place. IX.-Goods "shut out" must be taken to the customs' jetty for examination

before being re-landed.

X.—Before application being made for the customs' clearance, the export manifest

must be handed in to the customs.

XI.-No transhipment can take place without special written permission. XII.—Drawback and exemption certificates will be issued simultaneously with the permit for the shipment of the goods covered by them, and exemption certificates for goods duty paid at other ports must be presented simultaneously with application for permit to land.

XIII.-Foreign vessels are prohibited from throwing ballast into the river, under

penalty of fifty taels.

XIV.—The firing of arms of any kind is strictly prohibited, under a penalty of

fifty taels.

XV. Any infringement of the above rules will entail the enforcement of the

penalties provided for by the treaty.

The custom-house is open for the transaction of business from 10 A.M. to 4 P.M.,

Sundays and holidays excepted.

All applications regarding customs' business should be addressed to the Commis

sioner of Customs.

Vesse's arriving at Ningpo will have their berths appointed for them.

To rig in flying jib and jib-booms, and not to rig them out until clear of the

shipping.

To top up lower yards.

Vessels to moor in line and keep a clear junk channel on the east and west sides

of the river.

Vessels' boats towing astern at risk of the vessel.

To keep a clear channel.

To moor clear of line of buoys.

RIVER STEAMER REGULATIONS

FOR VESSELS RUNNING DAILY BETWEEN NINGPO AND SHANGHAI. I.—Due notice shall be given to the Commissioner of Customs of inteution to

establish a steamer on the liue.

II. Immediately after the steamer is anchored, her papers, with an import manifest, are to be lodged with the Commissioner of Customs, who will return them at the time of clearance, if the export manifest is found to be in order, together with the grand chop, which shall serve for port clearance.

Manifests shall contain a full and true account of all cargo on board, and such

particulars as will enable the customs to identify goods in case of re-exportation. III.—Steamers shall not discharge cargo, nor allow passengers with their baggage

to leave the ship until boarded by a customs' officer.

CONSULAE

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VI. —Any steamer wiltully infringing these regulations shall be s...

drawal of these ̈River steamer" privileg,s,as well asto all penalties:

JK LENARD.

CHINKLANG.

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the portion of the river on the Chi: M: h-sze, old Consalar Hill. 2,1. :r Ta is and squytreenigred vess, s that portion of the river above described, but ineluding als, the vortlum, lark steamer trading on the river under lieczse trom the Custris authoritas veed not reported at the consulate by the master: provided that the suvut or consigt ve of such steamer shall within 36 hours after her arrival (unless a Sut lay or la tiny intervene. band into the vasalate: 1st. a manifest a cargo exported or imported. 2nd, a hist of all passengers (not Chinese, embarked or disembarked.

No boarding-house or tavern shall be establishel either on the ninth x of the

river or without the limits of the British concession,

Rafts under British 1g coming to the port of Chinktang shall be reported by the foreigner in charge within 24 hours of their arrival. The following reports will

le required:

A manifest of the raft. countersigned by the agent or consignee :

A list of persons other than Chinese employed on the raft, signoi by the con.

signée :

A list of all passengers. not Chinese, brought down by the rat, signed by the

consigue.

The foreigner or foreiguers in charre of rafts, shall, during their stay in port, report themselves once every three days to the officer in charge of Her Majesty s consulate. They shail also give 24 hours notice of intended departure. eiving

destination and mode of conveyance.

CUSTOMS REGULATIONS FOR THE PORT OF CHINK TANG. -For the shipment and discharge of cargo, merchant vessels stall anchor in

the vicinity of the Customs' hulk, above Silver and below Golden Islands. II-Cargo-boats must be registered at the Customs, and their numbers must be

nspicuously painted on them in English and Chinese characters.

III.-The landing and shipment of cargo can only take place between sunrise

and sunset, and cannot go on without special permission on Sundays or holidays. Upon application, river steamers, arriving before midnight, will be permitted to

land and ship cargo during the night.

Goods landed or shipped without a permit will be confiscated.

IV-Cargo for which a shipment permit has been issued. but which cannot be

received on board, must await Customs examination before being re-landed.

V-River steamers excepted, merchant vessels must complete the discharging of

the import cargo before commencing to receive on board experts.

VI-Sea-going ships, Ningpo boats. lorchas, and such like craft, together with steamers not plying under the Shanghai river steamer pass. must be reported by the Consul on arrival at Chinkiang, and must lodge with the customs a manifest of the cargo on board; the permit to open hatches will then be issued.

Consignees of goods upon presenting, in Chinese and English, applications con-

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PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &c.

taining all necessary particulars, such as denomination of goods, number of packages, marks, numbers, weights, value, &c., will be supplied with permits authorising the discharge of their consignments into cargo-boats, after which the goods will be ex- amined and customs' memos. issued for the payment of duties. Upon the production of the bank receipts, permission will be granted to land the goods.

Exemption and coast trade duty certificates should be presented at the Customs

simultaneously with the consignees' application for a discharge permit.

VII.-Goods for export will be examined by the customs upon the receipt of applications for shipment permits, giving all necessary particulars, and made out in Chinese and English. After the examination, a customs memo, will be issued, and, upon the production of the bank receipt, the shipment permit will be granted.

VIII.In the case of vessels arriving from, and about again to proceed to, sen, the landing and shipment of cargo having been completed, all dues aud duties having been paid, and the manifest of the export cargo having been handed to the customs, the customs' clearance will be issued, upon which the vessel may receive back her papers and proceed on her voyage.

In the case of vessels arriving at Chinkiang from sea, and about to proceed to Kiukiang or Hankow, the landing and shipment of cargo having been completed, all dues and duties having been paid, and a manifest of the cargo placed on board at Chinkiang having been handed to the customs, the clearance will be issued, and, upon the application of the Consul who holds the ship's papers, or of the consignee, in the event of the papers having been lodged with the customs, the ship's hatches will be sealed, and the "Chinkiang pass" will be granted, upon which the vessel may leave the anchorage on her voyage up the river.

In the case of vessels arriving at Chiukiang from Hankow or Kiukiang, and about to proceed to sea, the clearances issued by the Pankow and Kiukiang customs, together with a manifest of the cargo on board, must be handed in to the Chinkiang customs, when, upon the surrender of the Chiukiang pass, the customs clearance (Grand Chop) will be issued, and the vessel will be at liberty to receive back her papers and proceed

to sea.

IX.-River steamers plying under the "River steamer pass," arriving at Chin- kiang, whether bound up or down the river, shall exhibit that document to the Chin- kiang customs.

cargo

In the case of steamers having on board cargo to be discharged at Chinkiang, the certificate issued at the port of shipment and addressed to the Chinking customs, together with the manifest signed by the master, should be handed to the boarding tide-surveyor, who will thereon issue a general discharge permit.

Merchandise arriving in excess of the quantity noted in the cargo certificates will

be confiscated.

X.-Goods for export by river steamers must pay before shipment the full export

and the half import or coast trade duty.

Applications for shipment permits must be made out in Chinese and English; and must specify the place at which the goods are to be landed, their denomination, number of packages, marks, numbers, weight, value, &c.: after the examination of the goods, the customs' memo. will be issued, and, upon the production of the bank receipt, the shipment permit will be granted.

XI.-Steamers neither landing nor shipping cargo may proceed on their voyage

after the inspection, by the customs, of the river pass.

Steamers that have cargo to land or ship, having completed the landing and shipment, and all dues and duties having been paid, the master of the steamer should notify the same to the tidewaiter on board; upon the receipt of the export manifest, the certificate will be issued and the river pass will be returned. The steamer may

then

proceed

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voyage.

XII.—In the case of native craft owned or chartered by foreigners, permits for the shipment of cargo will not be granted until after issue by the customs, on the application of the Consul, of a special junk pass. Similarly, discharge permit will not

PORT. CONSULAR, CUSTOMS AND HARBOUR REGULATIONS AC

le granted to such vessels arriving at Chinking until the special junk pass shall have been handed to the customs through the Cousul.

Bonds for junks deposited by parties not agents of mercantile tirms hemtaforu established in China, must be entered into by such parties with two sufficient sareties

V.E.—The office will be open for the transaction of general business from 10 AM

to 4 P.M., Sundays and holidays excepted.

The tide-surveyor will be on duty for the inspection of the papers of steamers that have not to discharge or ship cargo, on all days, from daylight in the morning antil midnight.

Communications regarding customs' business, together with applications for junk

jonds, should be addressed to the Commissioner of Customs.

KIUKIANG.

I-The limits of the anchorage for ordinary vessels are from the West end of

the City Wall to Lung-kai Creek.

II-Steamers trading regularly on the river under license from the Chinese Customs, and not remaining in port above 24 hours, and sailing vessels provided they do not break bulk or remain in port more than 24 hours, are not required to deposit their papers with summary of manifest under General Regulation No. III.

III-Vessels having on board more than 200 Ns. of explosive combustible material must anchor at a distance of not less than one mile from the Foreign Settlement and from the Native City.

NEWCHWANG (YING-TZE.)

The limits of the port are as follows: Commencing from the west of the Creek

Dear the Fort and extending as far as the eastern limit of the British settlement. The limits of the port extend from the Lao-yeh-ko, or central temple, on the west.

to the eastern extremity of the British concession,

HANKOW.

The limits of anchorage at Hankow are as follows :—

Within lines drawn from the Pagoda on the summit of the hill on the Hanyang side to the Hanyang gate of the Woochang city on the opposite bank of the

South:-

rver.

North-Below the British concession ground from its boundary limit across to the opposite bank of the river to the Custom House, called by the Chinese Woochang.

CHEFOO (YENTAI.)

The limits of the port of Chefoo (Yentai), in the district of Tang-chow-fon, are within a line drawn from the Eastern end of the peninsula called Che-foo-tao, to the northern and eastern extremities of the Kungtung islands, and from them to the

mainland.

TIENTSIN.

Every British sailing vessel, whether intending to pass up the river to Tientsin or not, shall report at the Vice-Consulate at Taku, and lodge her papers there. Provided that, if a sailing vessel passes up the river to Tientsin she shall take up with her the ship's articles and deposit said document at the Consulate at Tientsin; said articles shall be handed back to the Master when the vessel is about to return to Taku, where she shall receive her other papers and port clearance at the Vice- Consulate.

their

British steamers bound for Tientsin shall not be required to report and lodge papers at Taku, but may report and clear at Tientsin. Provided, that if a

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PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &c. taining all necessary particulars, such as denomination of goods, number of packages, marks, numbers, weights, value, &c., will be supplied with permits authorising the discharge of their consignments into cargo-boats, after which the goods will be ex- amined and customs' memos. issued for the payment of duties. Upon the production of the bank receipts, permission will be granted to land the goods.

Exemption and coast trade duty certificates should be presented at the Customs

simultaneously with the consignees' application for a discharge perinit.

VII-Goods for export will be examined by the customs upon the receipt of applications for shipment permits, giving all necessary particulars, and made out in Chinese and English. After the examination, a customs memo, will be issued, and, upon the production of the bank receipt, the shipment permit will be granted.

VIII. In the case of vessels arriving from, and about again to proceed to, sea, the landing and shipment of cargo having been completed, all dues and duties having been paid, and the manifest of the export cargo having been handed to the customs, the customs' clearance will be issued, upon which the vessel may receive back her papers and proceed on her voyage.

sealed, and the "Chiukiang pass the anchorage on her voyage up the river.

In the case of vessels arriving at Chinkiang from Hankow or Kiukiang, and about to proceed to sea, the clearances issued by the Pankow and Kiukiang customs, together with a manifest of the cargo on board, must be handed in to the Chinkiang customs, when, upon the surrender of the Chiukiang pass, the customs clearance (Grand Chop) will be issued, and the vessel will be at liberty to receive back her papers and proceed

to sea.

IX.-River steamers plying under the "River steamer pass," arriving at Chiu- kiang, whether bound up or down the river, shall exhibit that document to the Chin- kiang customs.

In the case of steamers having on board cargo to be discharged at Chinkiang, the cargo certificate issued at the port of shipment and addressed to the Chinkiang customs, together with the manifest signed by the master, should be banded to the boarding tide-surveyor, who will thereon issue a general discharge permit.

Merchandise arriving in excess of the quantity noted in the cargo certificates will

be confiscated.

X.-Goods for export by river steamers must pay before shipment the full export

and the half import or coast trade duty.

Applications for shipment permits must be made out in Chinese end English; and must specify the place at which the goods are to be landed, their denomination, number of packages, marks, numbers, weight, value, &c.: after the examination of the goods, the customs' memo. will be issued, and, upon the production of the bank receipt, the shipment permit will be granted.

XI.Steamers neither landing nor shipping cargo may proceed on their voyage

after the inspection, by the customs, of the river pass.

PORT. CONSULAR, CUSTOMS AND HARKOUR REGULATI

ie granted to such vessels arriving at Chinkiang until the spreml been handed to the customs through the Cousol.

Bonds for junks deposited by parties not agents of mercant established in China, must be entered into by such parties with two

‚N.L.—The office will be open for the transaction of general bu

to 4 P.M., Sundays and holidays excepted.

The tide-surveyor will be on duty for the inspection of the that have not to discharge or ship cargo, on all days. from dayli until midnigin.

Communications regarding eustoms' business, together with a

ponds, should be addressed to the Commissioner of Customs.

KIUKIANG.

I. The limits of the auchorage for ordinary vessels are fre

the City Wall to Lung-kai Creek.

II-Steamers trading regularly on the river under licens Customs, and not remaining in port above 24 hours, and sailing va do not break bulk or remain in port more than 24 hours, are not their papers with summary of manifest under General Regulation III-Vessels having on board more than 200 lbs. of exi material must anchor at a distance of not less than one wil Settlement aud from the Native City.

NEWCHWANG (YING-TZE.)

The limits of the port are as follows: Commencing from the Lear the Fort and extending as far as the eastern limit of the Brit The limits of the port extend from the Lao-veh-ko, or central

to the eastern extremity of the British coucession,

HANKOW.

The limits of anchorage at Hankow are as follows :— South :—Within lines drawn from the Pagoda on the summi Hanyang side to the Hanyang gate of the Woochang city on the

river.

Norik :—Below the British concession ground from its bound

the opposite bank of the river to the Custom House, called by the

CHEFOO (YENTAL)

The limits of the port of Chefoo (Yentai), in the district of within a line drawn from the Eastern end of the peninsula called northern and eastern extremities of the Kungtung islands, ar wainland.

TIENTSIN.

Every British sailing vessel, whether intending to pass up ↑

or not, shall report at the Vice-Consulate at Taku, and lodg Provided that, if a sailing vessel passes up the river to Tients with her the ship's articles and deposit said document at the Co said articles shall be handed back to the Master when the vess to Taku, where she shall receive her other papers and port cle Consulate.

British steamers bound for Tientsin shall not be required

their papers at Taku, but may report and clear at Tientsin.

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PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &c. steamer bound for Tientsin remain for more than three hours at Taku, unless she en show reasonable cause for so doing, she shall report and lodge her papers at Her Britannic Majesty's Vice-consulate there.

The master of any vessel in the inner Taku anchorage shall be allowed 48 hours, and in the outer 72 hours, to deposit the ship's papers at the Vice-cousulate at that port. During the winter months, while the port of Tientsin is closed by ice, the hours,

during which the consular office is required to be open are from A.M. to

LOCAL LAND REGULATIONS.

Preamble.

P.M.

Whereas by Section 85 of the "China and Japan Order in Council, 1865," it is provided amongst other things that "Her Majesty's Minister in Chinua may from time to time make such legulations as seem fit for the peace, order, and good govern. ment of British subjects resident in or resorting to China," and also that he "may make any such regulations apply either throughout China, or to some one or more of the Consular Districts in China, and may by any such Regulations repeal or alter any regulations made for any such purpose as aforesaid, before the commencement of this order;" and where, in the Consular District of Tientsin, a certain quantity of land, commonly known and described as the British settlement, has been rented in per petuity from the Government of China by the Crown of Great Britain, and sublet by Her Majesty through her Consul to various Lessees; and whereas it is expedient that regulations should be made for the peace, order, and good government of the said lessees of the British Crown and of all persons within the limits of the said settle- ment, and also for the peace, order, and good government of all British subjects within the said Consular District of Tientsin; and whereas it seems further to be urgently required that snch Regulations should have effect unless and until they are disapproved by Her Majesty; be it therefore ordered that the following Local Land Regulations shall have effect and be binding upon all persons residing or being within the limits of the said settlement, as to all matters and things comprised therein, from and after the expiration of One Calender Month after the same shall have been affixed and kept exhibited at the office of H. B. M. Consulate at Tientsin; and be it further ordered that the following General Regulations shall in like manner be binding upon all British subjects residing or being within the sail Consular District of Tientsin, it being understood that the obligation of Foreigners to conform to and obey the said regula tions is derived from their individual consent, and from being lessees of land under the British Crown, with the sauction and consent of their National Authorities. Given under may hand and seal of Office, at Peking, China, this 26th day of

November, 1866.

RUTHERFORD ALCOCK,

II. M's Envoy Extraordinary and Minister Plenipotentiary.

and Chief Superintendent of Trade in China.

LOCAL LAND REGULATIONS.

I.—The Land to which these Regulations apply is bounded on the East by the Peibo River, on the West by the high road between Tientsin and Taku, on the North by the French settlement, and on the South by the American Lots. defined also by four boundary stones set up on the N.E., N.W., S.E. and S.W. angles

of the settlement.

Its limits are

II.-The Local Regulations published by Acting-Consul Gibson on the 27th October, 1863, and the Supplementary Regulations published by Acting Vice-Consul Dennys on the 1st June, 1864, are hereby repealed, such of their provisions as are not intended to be abrogated being embodied in the present Local Land Regulations. III. The leases of all lots in the settlement shall be deposited in H.B.M.

the said

PORT, CONSULAR, ČUSTOMS AND HARBOUR LE

leases shall be mile by the parties 1 = the transfer or their duly authorized represen.. tatives in the presence of an offer of H.B.M. Consulate, and shali be registered at desil Consulate within one month of such trans.er, under a penalty not exceeding

$100.

All charges by way of mortgage, whether of a legal or equitable character, mado in the Consular District of Tientsin, shall be registered in conformity with the Regula tions in force concerning the registration of charges by way of mortgage on land in China, otherwis? such mortgage deed will not be allowed precedence over judgment or simple contract debts contracted before the execution of said dood.

IV-All British subjects and all naturalize1 British subjects may rent land in the British settlement, but in no case shall a Chinese subject be permitted to do so, nor shall the subject of any other Foreign State be allowed to rent land in the sail settlemen: unless he shall unlrtake in writing, in his own name, and with the offi- cally certified consent of his National Authority, to obey all such regulations and lyc lars as may have been alrea ly made or sanctioned, or as may hereafter from time t› time be made or sition: 3 1. 1. B. M. Minister, for the peace, order, and good govern- ment of the said settlement and all persons resi lent therein, it being als - distinctly stipulated and expressly provided a tao said agreement that, in case of the breach or non-performance by the sail foreigner of any of the sul regulations or bye hows which may be for the time being in torce, then and in that case it s'all be liwiul De H.B.M. Consul, Vine-Cousui, or other person duly authorized by H.B.M. Consul tò, the time being, to re-enter and re-possess all the land leased to the sail foreigner within the limits of the said settlement, and all buildings thereon on behalf of Her Majesty, her heirs, successors and assigns, and all interest, right, title and claim of the said foreign lessee of the sailand, his executors, a-Iministrators and assigns to the premises demise 1 by the lease of the said land, or any part thereof, shail thereapon absolutely cease and determine.

Be it further enacted that it shall be lawful for 1.B.M. Consul, or other person duly authorized so to do, to enforce in like manner the same penalty of re-entry on the part of the Crown against the lessee of any land within the limits of the said settlement, if any native of China be allowed by the said lessee to erect or occupy any house or building upon the said land.

V-The land which has been set apart for roads and bun 1 shall remain hence- forth dedicated to the same use, and the lesses or their representatives shail put up These stones shall be

boundary stones to define the limits of their respective lots.

put up in the presence of a British Consular Oficer, an 1 in cases where any portion of any lot is transferrel, the part so transferred shall in like manner be deñsed by boundary stones, set up by the parties to the transer, or their respresentatives, in

presence of some duly authorized officer of H.B.M. Consulate.

the

Should the owner of any land in the settlement neglect or refuse to put up such boundary stones when called upon by H.B.M. Consul to do so, he shall be liable to a fine not excee·ling $25 for his original neglect, and to an additional penalty not ex- ceeding 35 per day for each succee ling day's neglect or refusal to comply with the

Consul's requisition.

said

FI-The Chinese land tax of 1,500 copper cash per mow, as reserved in the Crown leases, shall be pail by the several lesses thereof into II.B.M. Consulate within twenty one days next after the 30th of September of each year.

paying person

VII-It being expedient and necessary for the better order and good govern- ment of the settlement that some provision should be made for the making of roads and jetties, and for cleansing, lighting, watering and draining the settlement generally, necessarily

and establishing a watch or police force therein, and the employed in any municipal office or capacity, the British Consul shall, in the month April of each year, convene a general meeting of land renters, giving twelve days notice of said meeting, to devise ways and means for raising the requisite funds for the aforesaid purposes; and at such meeting it shall be competent to the said renters, majority of them, in public mecting duly assembled, to declare an assessment upon the aggregate area of the lots in the settlement, towards which assessment each

or a

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PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &c. land renter shall pay a sum exactly proportionate to his own quantity of ground, and it shall also be competent for the said renters, or majority of them as aforesaid, to impose other rates and taxes in the form of dues on all goods landed or

shipped on or from the Bund within the limits of the said settlement, and in the form of mooring charges to be levied on such vessels as may make fast to the mooring posts set up for their accommodation within the said limits, provided the said rates or taxes levied in the form of dues shall in no case exceed the amount of one-tenth of one per cent, on the value of the goods landed or shipped on er from the said Bund."

The scale of wharfage dues and mooring charges thus fixed at the annual meeting of land renters shall be communicated by H.B.M. Consul to the Consuls of other nations, and to the local Chinese authorities.

VIII.—It shall be competent to the land renters as aforesaid, in public meeting duly assembled, under and in accordance with the provisions of the above regulation No. 7, to appoint by ballot, or otherwise, as may be agreed upon at the aforesaid an- nual general meeting, an executive committee or council of not more than five or less than three land renters, for the purpose of levying the rates, dues, and taxes hereinafter mentioned, and applying the funds realized from the same for the pur- poses aforesaid, and for carrying out the regulations now made. Be it further ordered, that the said committee when appointed shall have power and authority to levy and apply the said rates, dues, and taxes for the purposes aforesaid, and also that the said committee or their secretary have full power and authority to sue for all arrears of such rates, dues, and taxes, and recover the same from all deaulters in H.B.M. Consular Court, if the said defaulters or any of them be British subjects, and in the Consular Courts under whose jurisdiction such defaulters may be, if the said defaulters on any of them be uot British subjects.

IX. The committee shall hold office for one year from the date of their election, and shall have power of themselves to fill up any vacancies that may occur during their term of office.

They shall elect their own chairman, and may from time to time appoint, pay out

of the municipal funds, and remove such officers and servants as they think fit.

Three members of the committee shall form a quorum, and on all questions upon

which the members are equally divided the chairman shall have a casting vote.

X.-The committee shall administer the municipal funds at their discretion, for the purposes specified in regulation No. 7 of these regulations, and in as far as such expenditure shall have been sanctioned at the annual general meeting of land ren- ters, or at any special general meeting called to vote expenses, provided they do not exceed the suin voted at such meetings.

Be it further ordered, that the said committee shall appoint an auditor at least seven days before the annual general meeting of land renters to audit the accounts keep by them during their year of office, and that they shall also draw up a state- ment of receipts and disbursements for the same period, and that the said statement and said accounts duly audited be left in the court room of H.B.M. Consulate for at least 24 hours before the assembling of the said annual general meeting, to be open for the inspection of the land renters generally, and that the said accounts be passed finally, if correct, at the said meeting.

XI.—The committee shall have power and authority from time to time to make bye laws, for the purpose of better enabling them to carry out the objects of these regulations, aul such bye laws if adopted by a special general meeting of the land renters, and approved by H.B.M. minister, shall be of the same force and effect as these regulations.

XII.—The committee shall be liable to be sued, through their secretary, in H.B.M. Consular Court at Tientsin, by any person who may deem himself injured by any act of the committee or its officers, and should the plaintiff obtain damages in any such suit, said damages and the costs of such suit shall be summarily recover. able by HB M. Consul, and paid out of the funds levied under the authority of

these

local

regulations.

XIII. In addition to the annual general meeting of land renters, H.B.M.

PORT, CONSULAR. CUSTOMS AND PATRON KT

il may at any time when it appears to him mosdial, or on the requis rian of the land renters' committee, or on that of at Dust five o

anters or their representatives, provided such revulsion Sel th ronds for such request, convene a rieral meeting of band renters. notice of the meeting and its eljøet, The resolutions pass

general meetings, annual as well as occasional. me i meetings are empetent to consider shall be binding on all idlers of pan ata heir representatives within the limits of the settlement, provided that at sæb etings at least one-third of the resident land renters or their representantes

re present, and all registered owners of at least

siljens

UNG

mews of land within the il limits shall be entitled to a vote at the said annual and other du'y conveyed general meetings. Provided always that this clause shall not entitlé any lar. renter or any firmi to more than one voto,

XIV-H B.M. Consul shall be chairman of all general wegtime land renters, and in his absence then such land renter as the majority e wters present shall nominate, and at all such general meetings the chairman shal have a casting vote in questions upon which the voters ¡nsent are equally divided a qpinion.

XV.—In all cases in which land renters in sublic meeting duly assembled, us videl by these regulations, decile upou any matter of a panicipal nature, not dready enumerated and affecting the general interest, such devi jou s'all first be submitted to the Consul for his approval, and unless sach approval be oficially given such resolution shall not be valid and Linding. Provided always that a form of ven days shall elapse between the date of the resolution and the signification of approval by the Consul, during which term any person considering himself prejudiceć m property or interests by the resolution, may represent his case to the Consul fo. rusideration. After the expiration of the term of seven days, the consular ap proval, if siguified, shall be final. Provided also that should the Consul signify his disapproval of the resolution, and should his veto be protested agamst in writing by three or more of the land renters, within a further period of seven days from the date of its being made known, it shall be lawful for the said land renters te appeal through the Consul to H.B.M. Minister, whose decision shall be final.

XVI.-In shall be lawful for the consular constable and the land renters picemen, when these latter shall have been sworn in as special constables by H.B.M. Consul, to apprehend forthwith all persons whatsoever within the limits of the settlement who may be found in the act of committing a nuisance, or commit. ting a felony, or breaking the peace, or being drunk and disorderly, or whe may he charged with the commission of the said offences; and H.B.M. Consul shall in the irst instance enquire into the said charge, and deal with the accused according to aw if he be a British subject, and, if not, the said Consul shall send the accused in custody to his own national authority, with a statement and with the evidence of the criine or offence on account of which he had been apprehenied, and if the ac- cused have no Consular representative at Tientsin, then HB.M. Consul shal request the local Chinese authorities to deal with the case, and shall depute ar officer of H.R.M. Consulate to act as an assessor at the trial of the accused.

Provided always, that no constable shall, without a special warrant, enter any Occupied lot or compound for the purpose of apprehen ling any person or persons therein, unless called upon by one of its occupants to do so, or unless pursuing an offender into said lot or compound.

XVII.-The masters, mates, and seamen of merchant vessels shall not be allowed to carry firearms or other dangerous weapons about the settlement, not

Causelessly to create a noise or disturbance thereon. It shall be the duty of the Consular constable and other special constables charged with enforcing these regulations, to apprehend any person whatsoever offending against this regulation, and to bring him in the first instance before 11.B.M. Consul, who may punish the

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PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &c. offender for each offence, if said offender be a British subject, by a fine not exceel. ing $10, or by one week's imprisonment with or without hard labor.

If the said offender, however, be not a British subject, then H.B.M. Consul shall send him in custody to his own national authority, with a statement of the offence on account of which he has been apprehended. Provided that should the said offender have no Consular representative at Tientsin, then H.B.M. Consul shal request the local Chinese authorities to deal with the case, and shall depute an

officer of H.B.M, Consulate to act as an assessor at the trial of the accused.

XVIII. No tavern, public-house, boarding house, or house of entertainment shall be opened within the limits of the settlement without a licence from H.B.M. Consul, and without paying the annual licence fee in such behalf payable, and said licence shall be granted subject at any time to revocation, should it be proved that such house or tavern is conducted in an improper or disreputable manner, or that the inmates or frequenters thereof misconduct themselves or act in a disorderly Persons convicted of a breach of this regulation shall be liable to a fine not excec-ling $100, which fine shall be summarily recoverable by H.B.M. Consul from the proprietor of the house if he be a leaseholder or British subject, and it not, from the leaseholder upon whose land the said house is situated.

nauner.

XIX.-No vessel laden with gunpowder or other dangerous combustible materia! shall be allowed to be moored to the mooring posts along the British Bund, nor shall any such aforesaid materials be stored in houses or godowns within the limits of the ettlement, under a penalty not exceeding $200, for each breach of this regulation. which penalty shall summarily recoverable from the hirer of said building, or the leaseholder of the lo. upon which said building is situated, as the case may be, in the same way as the penalty attached to a breach of regulation No. 18 of these regulations.

XX.-All vessels that moor along the British Bund must fasten their bawsers to the mooring posts set apart for their use, paying such mooring charges in that behalf as are payable, and the police of the settlement shall see that no hawsers or chain cables are made fast to trees, or fixed in such a way as to impede the public path.

XXI.-The committee of land renters, or their secretary, may recover sum- marily before I.B.M. Consul, or other Consul having competent jurisdiction, ali penalties imposed by these regulations and by any bye-laws which may hereafter be framed under the said regulations and approved by 4.B.M. minister; and it shall be lawful for the said Consul to adjudge the offender to pay the penalty incurred, together with such costs attending the conviction as he, the said Consul, shall think fit. All penalties so recovered shall be carried to the credit of the said land renters' com- mittee, in diminution of the general expenditure authorized by the provisions of these local land regulations. Provided that in case any person liable to any penalty, or any defaulters, or owners, or shippers, or consignees of goods refusing to pay any rate, due, tax, or fine, have no Consular representative at the port of Tientsin, then the said Committee shall, with the consent of the local authorities, and under powers delegated to them to this end, be at liberty to detain and sell such portion of the goods, or use such other means as, with the consent of the local authorities, may be necessary to obtain payment of such rate, due, tax, or fine.

XII-No matter or thing done, or contract entered into, by the committee, nor any matter of thing done by any member thereof, or by any person whomsoever acting under the direction of the committee, shall, if the matter or thing were done or the contract entered into bona fide for the purpose of executing these regulations, subject them, or any of them personally, to any action, liability, claim, or demand whatsoever; and any expense properly and with due authority incurred by the Com. mittee, or by any member thereof, or by any person whomsoever acting under the direction of the Committee, shall be borne and repaid out of the fund collected under the authority of these regulations.

XXIII. For the purpose of convicting any person committing an offence against any of these regulations, and for all other purposes, a printed copy of the regulation.

China,

PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &c.

317

shall be conclusive evidence of the regulation, and no proof of the handwriting or sea? purporting to certify the same shall be required.

GENERAL REGULATIONS.

I-The Consular Regulations for the port of Tientsin, published by Acting Con- sal Gibson on the 27th October, 1963, are hereby repealed, such of their provisions as are not intended to be abrogate 1 being embodied in the present general regulations and the said general regulations apply to the whole Consular District of Tientsin including the ontport of Taku, and shall be linding upon all British subjects residing or being within the said Consular District of Tientsin.

II-Any British subject desiring to rent laud from a Chinese proprietor outside the limits of the British settlement, shall in the first instance apply to II.B.M. Con- sul officially in writing, stating the name and surname of the Chinese proprietor, and specifying by plau the locality, boundaries, and measurements in mow and square feet of the said land; and the said Consul will thereupon enquire whether any impediment exists to the renting of the said land, and if it be ascertained that no such impediment exists, the applicant may then settle with the Chinese proprietor the price and condition of sale. Said applicant shall the "eupon lodge with H.B.M. Consul the Chinese proprietor's deed of sale, in duplicate, accompanied by a plan clearly marking the boundaries of the said land, and containing a statement of the amount of land tax payable annually to the Chinese Government upon the said. land. H.B.M. Consul shall then transmit the deeds to the Chinese local autho- rities for examination, and, if the sale be regular, the said deeds will be returned to the Consul, duly sealed by the said Chinese local authority, and the purchase money can then be paid.

If there are graves or coffins on the land rented, their removal must be a matter

of separate agreement.

III.-Aйl such conveyances or leases of land so purchased as aforesaid shall be registered at the British Consulate, within one month from the time of the completion of the sale, under a penalty not exceeding $100; and all charges by way of mortgages made in the Consular District of Tientsin whether of a legal or equitable character, shall be registered as is provided in Clause III. of the Local Land Regulations; other- wise such mortgage deed will not be allowed precedence over judgment or simple contract debts, contracted before the execution of said deed.

IV. All transfers of land purchased by British subjects within the Consular District of Tientsin, but outside the limits of the British settlement, shall be made by the parties to the transfer, or their duly authorized representatives, in the presence of an officer of H.B.M. Consulate at Tientsin, or H.B.M. Vice-Consulate at Taku, and shall be registered at said Consulate, or Vice-Consulate, within one month of such transfer, under a penalty not exceeding $100.

V-No British subject shall be allowed to establish any tavern, public-house, arding house of or house, entertainment at Tientsin or Taku, or in the Consular district of Tientsin or Taku, without a licence from H.B.M. Consul or Vice-consul, and without paying the annual licence fee in such behalf payable, and said licence shall be granted subject at any time to revocation, should it be proved that such house or tavern is improperly conducted, or that the umates or frequenters thereof miscon- Persons convicted of a breach of this

duct themselves or act in a disorderly manner. regulation shall be liable to a fine not exceeding $100.

VI-All British vessels entering port shall anchor at Taku or Tientsin only in Hach places as the harbour-master, or other person duly authorised by the custom- house authorities, shall appoint, and whenever any one of the said vessels is about to leave port, she shall hoist the blue peter at least 24 hours before the time ap- pointed for her departure. Each breach of this regulation shall be punishable by a

exceeding $50.

fine

not

VII-Every British vessel shall show her colors on entering port, and keer. them hoisted until she has been reported, and her papers have been lodged, at either

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PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &c. the Vice-Consulate at Taku, or the Consulate at Tientsin; and the master of every British vessel arriving at Taku, a steamer bound up the river of Tientsin except shall deposit his ship's papers, together with a summary of the manifest of her cargo at H.B.M. Vice-Consulate at Taku, within 48 hours if in the inner anchorage, an within 72 if in the outer, unless a Sunday or holiday should intervene. Masters shall be liable to a penalty not exceeding $200 for each breach of this regulation,

VIII.-Every British sailing vessel, whether intending to pass up the river t Tientsin or not, shall report at the Vice-Consulate at Taku, and lodge her papers there. Provided that, if a sailing vessel passes up the river to Tientsin, she shall take up with her the "ship's articles," and deposit said document at the Consulate at Tientsin. Said articles shall be handed back to the master, when the vessel is abɔnt to return to Taku, where she shall receive her other papers and port clearance at the Vice-Consulate.

IX.-British steamers bound for Tientsin shall not be required to report and lodge their papers at Taku, but may report and clear at Tientsin. Provided that it a steamer bound for Tientsin remain for more than three hours at Taku, unless she can show reasonable cause for so doing, she shall report and lodge her papers at H.B.M. Vice Consulate there, under a penalty not exceeding $200 for each breach of this regulation.

X.-Should any vessel the property of a British subject, but not provided with a certificate of registry, or other recognized pass, hoist the British ensign within the anchorages, or should she exhibit within such limits any flag so similar to the British nsigu as not to be clearly distinguished from it, the master of such vessel shall I„ liable for every such offence to a penalty not exceeding $100.

XI.-The dischargo of guns and other firearms from British vessels in the ar.

chorages is prohibited under a penalty not exceeding $50 for each offence.

XII.- No British vessel laden with gunpowder, or other dangerous combustible materials, shall be allowed to anchor within one mile of the British settlement at Tientsin, under a penalty not exceeding $200.

XIII-Stones, ballast or cinders shall not be thrown overboard from British vessels in the Tientsin anchorage, under a penalty of $50 for every such offence, nor shall the bodies of seamen, or other persons dying on board British vessels in either the Tientsin or Taku anchorage, be thrown overboard, under a like penalty of §: • for every such offence.

་

XIV.--All masters of British vessels shall, so far as English law permits, be held accountable for the conduct of their crews on shore, and shall not give their mates, engineers, or men leave to go into the country either at Taku on Tientsin, Masters

Vice-Consul.

without the express sanction of H.B.M. Consul or convicted of a breach of this regulation shall be liable to a fine not exceeding 3100 for each offence, and should any such rate, engineer or other member of the crew of a British vessel go into the country without the permission of the said Con. sul or Vice-Consul, he shall liable to a fine of $100, or one month's imprisonment. XV.--No seaman or other person belonging to a British ship shall be discharge.l or left behind at this port without the express sanction of H.B.M. Consul or Vice- Consul, nor until reasonable security shall have been given for his maintenance an good behaviour while remaining on shore. If any such person aforesaid being a British subject, be left at this port by a British vessel, and be found requiring public relief prior to the departure of the said vessel from the dominions of the Emperor of of China, then the owners of the said vessel shall be held responsible for the maintenance and removal of the said British subject; Provided said owners should be within the jurisdiction of any of H.B.M. Colates in China. Provided always, that nothing in this clause shall be held to limit the responsibility of ship owners or ship masters in respect of seamen or other persons which is or may be incurred under the Merchant shipping Act.

XVI.—Allis and penalties leviable under these general regulations, and under

any additional general regulations which may hereafter be framed by H.B.M.M nister for the peace, order, and good government of British subjects residing or being

PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &0.

319

within the said Consuler District of Tient-in, shall be summarily recoverable H.B M. Consul either by distress or imprisonment, and the amounts so recovered all be carried to the credit of II.B.M. Government, and shown in the quarterly

account of H B.M. Consulate or Vice-Consulate.

XVII. -The provisions of rule 23 of the Local Land Rugulations shall in like mauuer be available for the purpose of convicting any person committing an offence gainst any of the general regulations.

XVIII-A printed copy of these regulations, local and general, shall be affixed and at all times kept exhibited conspicuously in the public offices of II.B.M. Consul at Tientsin and Vice-onsul at Taku, and no penalty shall be enforced for any offence against any of the said regulations until the said regulations have been so affixed and kept exhibited during a period of one month. Printed copies of these regulations shall moreover be provided and sold at H.B.M. Consulate at Tientsin at $1 per copy. XIX-Her Majesty's Minister may at any time hereafter repeal or alter any or all of the local land regulations and genenal regulations now `made, should it at any time seem to him expedient or necessary so to do.

REGULATIONS FOR THE TRADE AND RESIDENCE OF

FOREIGNERS AT OSAKA.

Art. I.—As Osaka is not an open port, no foreign merchant vessel can anchor there. Until arrangements shall be made for the establishment of a Custom-house at Osaka, foreigners wishing to import goods into that city must enter them at the Custom-house at Hiogo, according to the regulations of trade attached to the treaties, and must pay duty there unless duty has already been paid on the same at some other open port of Japan. In the same way, all goods exported from Osaka by foreigners must all be cleared from, and pay duty at, Hiogo, before they can be shipped on board any foreign vessel at that port.

Art. II.-Lighters, towboats, and passage boats, propelled by steam or sails, and belonging to foreigners, may ply between Hiogo and Osaka for the conveyance of cargo and passengers under the regulations hereto annexed, and subject to the provisions of the regulations of trade attached to the treaties.

Art. III.--Foreigners living at Osaka shall be free to go where they please within the following boundaries, namely:-On the south the Yanategawa from its mouth as far as Funabashimura; and a line drawn from that place through Kiôkôjimura to Sala. The town of Sakai is outside the limits, but foreigners will be at liberty to visit it. The road between Osaka and Hiogo lies outside the limit of ten ri from Kioto. No obstruction shall be opposed to the free circulation of foreigners either by hand or water in every part of the city of Osaka open to the Japanese public.

Osaka, Jauuary İst, 1868.

The following notification has also been issued:-

It being necessary on the opening of Hiogo and Osaka to British trade, that due provision should simultaneously be made for the peace, order, and good government of Her Britannic Majesty's subjects resorting to, or becoming resident in that port or city, the undersigned hereby notifies for the information of all subjects of lier Ma- jesty, that in the exercise of the powers vested in him by the 85th clause of the Order of Her Majesty in Council of the ninth day of March, 1865, he has this day made and established, and caused to be printed and to be exhibited in the British Consular offices Hogo and Osaka, the following regulations, which will have effect in the manner provided by the said order in Council, throughout the Consular District of Hiogo and Deaka, until the pleasure of Her Majesty thereon shall be made known.

Dalties,

Any breach of these regulations may be punished by any of the following pe- as provided by the 26th clause of the said order in Council, namely, for each offence, imprisonment for any term not exceeding three months, with or without hard labour, and with or without a fine not exceeding 500 dollars, or a fine not exceeding 500 dollars, without imprisonment,-and with or without further fines for continuing

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PORT, CONSULAR, CUSTOMS, AND HARBOUR REGULATIONS, &c.

offences not exceeding in any case 25 dollars for each day during which the offence continues after the original fine is incurred.

(Signed)

HARRY S. PARKES. Her Britannic Majesty's Envoy Extraordinary and

Minister Plenipotentiary in Japan.

H.B.M.'s Legation, Osaka, January 1st, 1868.

REGULATIONS.

I-Every Eritish vessel on cutering the port must show her colours, and keep them hoisted until the master shall have reported her arrival and deposited her papers at the Consulate-office.

II.—Masters of ships on depositing their ships' papers at the Consulate-office must also deliver a copy of the import manifest, together with a list of all passengers and persons not forming part of the registered crew on board.

III.-When a vessel is ready to leave the port, the master will obtain a port clearance from the Custom-house, which document, together with the manifest of his export cargo, and a list of persons not forming part of the crew intending to leave the port in his vessel, must be delivered at the Consulate-office before the ship's papers can be returned to him. Masters of British vessels must always give twenty- four-hours' notice before they can clear at the Consulate.

IV.-Stones, ballast, cinders, or any other substance tending to lessen the depth of the anchorage, shall not be thrown overboard within the limits of the bar- bour; but must be discharged at such place or places as shall be indicated by the Consul.

V.-Any vessel having on board gunpowder, or any other explosive substance, in any quantity over and above that which is required for the use of the ship, must report the same at the Consulate-office, and until it is discharged, must anchor only in such berth as shall be assigned to her.

VI.-Cannon or fire-arms may not be fired from British merchant vessels in the

harbour.

VII.-The time within which seamen are allowed to be on shore is limited to the

hours between sunrise and sunset.

VIII.-No boat or vessel (other than a duly registered British ship) shall hoist the British Ensign within the limits of the Consular district, unless authorized by the Consul to do so; nor shall she exhibit within such limits any flag so similar to the British Ensign as not to be distinguishable from it. Neither shall any British subject hoist the British Ensign or any other flag not distinguishable from it over any place or residence on shore, without special authority from the Consul.

IX.-All cases of death, occurring either afloat or on shore, must be immediately

reported at the Consulate-office.

X.-No British subject may establish a boarding-house, eating-house, or other place of entertainment, or a butcher's shop, or may keep or slaughter pigs, sheep, or cattle without the sanction of the Consul, and under such conditions as he may require. on shore or

XI-Gunpowder or other explosive substances can only be stored,

afloat, at such place or places as may be indicated by the Consul. XII.--No British subject may ride or drive in any street, road, or publie

+horoughfare in a furious or careless manner.

XIII. No dog belonging to a British subject shall be allowed to go about the streets or public thoroughfares unmuzzled between the 15th of June and the 15th of November of each year.

XIV.-At Hiogo, British subjects may not go beyond the limits laid down in the Treaty of Yedo, namely "ten ri in any direction, that of Kioto excepted, which city shall not be approached nearer than ten ri," and at Osaka, they may not go beyond the limits laid down in the regulations on the subject which is published i tion by Her Majesty's Minister of this date.

in a notifica-

SHANGHAL

SCALE OF COMMISSIONS

UOPTED BY THE

SHANGHAI GENERAL CHAMBER OF COMMERCE

Purchasing Tea, Raw Silk. Opium and Cotton...

per cent

Dn.

პი..

do.

it as returns for gools sold..

Do.

all other Goods and Produce, Ships and Real Estate..

Do. Bullion

sing Tea, Raw Silk. Opium, and Cotton

Do.

ail other Goods and Produce, Ships and Real Estate..

Inspecting Silk or Tea

Guaranteeing Sales and Remittances, when required

Do. Sales alone.

Drawing, endorsing, or negotiating Bills of Exchange.. Realizing Bullion or Bills of Exchange...

Remitting the proceeds of Bullion or Bills of Exchange... Paying and receiving Money in current account.

Do. Ship's Disbursements.

Collecting Freight..

Obtaining Freight or Charter....

Do.

do. and collecting same Freight.

Adjusting Insurance Claims.

Effecting Insurance: on the insured amount.

Prosecuting or Defending successfully Claims, either at Law or by Arbi-

tration.

Prosecuting or Defending unsuccessfully.

Managing Estates and Collecting Rents.

Transhipping and Forwarding Jewellery and Bullion.. Landing or

Traushipping

Cargo....

Transhipping and Forwarding Opium.

Coods withdrawn or re-shipped-half commission. Granting Letters of Credit. Brokerage

Do.

àછે.

on Bills and Bullion buying and selling-

2!!

པ

Tls. 3 per chest.

1 per cent.

per cent., from seller.

do.

Produce and General Merchandize—

Ship Brokerage-1 from Consignees.

The foregoing rates to be exclusive of Shroffage. I per mil., and Brokerage when paid.

848 sed

84 d

648 aged

648 əsrd

322

SCALE OF COMMISSIONS-NEWCHWANG,

64 bed

NEWCHWANG

SCALE OF COMMISSIONS

ADOPTED BY THE

NEWCHWANG CHAMBER OF COMMERCE.

In consideration of the fact that charges on purchases and sales at this port have Leen found to be insufficient, in comparision with those at other ports in China, owing to the high cost of building materials and boats, and the short period during which business can be conducted at the port, the merchants of Yingtze, under authority of the Newchwang Chamber of Commerce, have unanimously agreed upon the following scale of charges, based on the Shanghai rates, to take effect on and after this date.

Newchwang, 12th September, 1863.

ON IMPORTS.

Landing charges, boat, and coolie hire, labor and storage

in Godowns, and Wharfage.

On Cotton Goods-15 pieces and under per bale, per pic.,

Woollens.

Sugar, Iron, Straits, Japanese and Chinese produce

and Glass.

Coal

Tea.

Paper.

"}}

per picul or equivalent... .per ton.

.per ton, open air.

-chest..

.1-chest.

..small packages, per picul... ..large

Commission on sales of all Imports, except Opium, 3% Opium,-Taels 20 per chest, including all charges..

ON EXPORTS.

Boat and coolie hire for 10 pieces Beancake.

1 shee (3 pcs.,) Peas.

Chow-chow cargo in proportion.

Commission 5 per cent. on gross amount of Invoice, of all cases, except where goods are sent as a remittance-

in such cases 3 per cent.

Procuring Freight, 5 per cent.

Advancing funds to vessels, 5 per cent.

Collecting freight on account of Charters, 1 per cent.

Remitting

1 per cent.

For transacting business for vessels on Chinese charter Cargo to Captain, Taels 25.

Natives, Taels 50 for vessels under 5,000 piculs

;

10 >>

Including One Month

Storage.

Each Succeeding Month.

Ꭲ.

11/1 4

KORO

རྒྱུ བོད བརྣབ

00:00

capacity-Taels 100 for above that capacity, but it is understood that Captains of vessels seeking a freight here, choose a Consignee, and that no final settlement of

charter-party shall take place except through that consignee.

(Sig.) HENRY E. BUSH,

Hon. Sec. and Treasurer.

(Sig.)

THOS. PLATI, Chairman.

HIS ROYAL HIGHNESS PRINCE KROM HLUANG WONGSA-DIRAT-SANIDT,

Superintendent of Customs, begs to inform all who are interested in this document, that having consulted with all the Consuls in Siam obout the Imports and Exports, has agreed with them upon the following Regulations,

which from this date are the laws of the land.

January 20th, 1863. L-Merchants or other persou importing merchandise for sale into Bangkok, shall pass sight entries at the Custom-house within twenty-four hours after the vessel shall have entered in the Consulate or Master-attendant's office, and upon such entries being made, permission shall be granted to land the goods. But in order that the discharge of the importing vessel shall not be delayed, the Siamese Custom-house au- thorities are at liberty to land and store all goods for which permits have not been lodged with the Custom-house officer on board in time for goods delivery, and all charges for so landing and storing shall be paid by the importers or consignees,

II.-Forty-eight hours after the discharge of the goods shall be allowed the con-

signees for completing the entries.

III.—Munitions of war are prohibited from being sold by merchants or other

persons without reporting to the authorities, and obtaining permission to do so.

IV.—Mat bags, imported by merchants or other persons, shall pay a duty of three per cent. either in kind or money, but upon proof being given of their having been used by the importer for his own exportation, a drawback to the full extent of the duty on the bags so used shall be allowed by the former.

V.--Masters of vessels shall report to the inspector of customs any ship stores, provisions, or other merchandise they may have for sale, and obtain a permit to dis- charge the same previous to doing so.

VI-Merchants or other persons having imported merchandise, and found it unsaleable, and desiring to re-export it, shall report the particulars to the inspector of customs, and receive drawback to the full amount of the duty paid by them on

said goods.

the

VII-Masters of vessels, or super-cargoes purchasing produce, generally liable to export duty, to be consumed by the crews of vessels on a voyage, shall report to the inspector of customs the quantity purchased.

VIII-Merchants or other persons exporting produce either in foreign or native ressels, shall enter with the inspector of customs the quantity, description, and valua of exports previous to the vessel's obtaining port clearance.

IX.-The inspector of customs shall have authority to search passengers' bag- Sage when he deem it necessary, but it shall be passed within half-an-hour after the ressel's arrival in Bangkok. The cargo shall also be discharged under the inspection of a Custom-house officer according to the manifest furnished by the inspector of cus- toms, in the absence of the Custom-house officer appointed to be on board during legal hours, the master sball nevertheless have liberty to deliver cargo. the correctness of any entry, he may place under seal the goods so suspected, to be afterwards examined,

648 sed

648 add

64€ aged

089 sed

08 ed

324

KULES AND REGULATIONS FOR TRADING WITH SIAM.

but such examination shall not be delayed by the inspector or consignee beyond the period of three months, and the merchandise thus under seal shall not be transferred nor exported, if upon examination the goods are found to have been incorrectly enter- ed, they shall be reclosed under the joint seals of the Inspector of Customs and the consignee or importer, and shall be at once removed to the Custom-house godowns pending adjudication by the Consul, to whose jurisdiction the case belongs, and the Superintendent of Customs jointly.

XI.-Masters and super-cargoes of vessels shall ordinarily neither receive nor discharge cargo but between the hours of 6 A.M. and 6 P.M., when an officer will be in attendance on board. Special permission will have to be obtained from the Inspec- tor of Customs to receive or discharge cargo at other than the above stated times.

XII.That should permission not be granted by the Siamese authorities for a vessel to break bulk within 24 hours after her due entry, the Consul of the nation to whom the vessel belongs shall have power to order the discharge.

XIII-That the Siamese government will be liable for damages in the case of vessel having been detained by the inspectors of imports and exports upon sus-

picion, which on examination appears to have been unfounded.

any

XIV.—That all cases arising from a breach of these regulations shall be laid be- fore the Consul concerned, who will then with the Superintendent of Customs enquire whether the infraction has been intentional or through ignorance, and only in cases of wilful infringement of the regulations shall they impose the full fine; in cases where there is no proof of the infringement being intentional they shall proportion the

fine to the offence.

XV. That native vessels shall be under the same strict control as vessels of

other nations.

Should it appear to the Consuls of this place, that those whose interest are committed to them, trade at a disadvantage in this last respect, they will withdraw their consent to the regulations.

RULES AND REGULATIONS FOR THE PEACE, ORDER, AND GOOD GOVERNMENT OF HER MAJESTY'S SUBJECTS BEING WITHIN THE DOMINIONS OF THE KINGS OF SIAM.

I.-Her Britannic Majesty's Consulate-office shall be open for the transaction of public business from 10 o'clock A.M. to 4 o'clock P.M. daily, excepting Sundays and those holidays upon which offices in England are closed.

II.-British subjects intending to reside within the dominions of the Kings of Siam, are required, in conformity with the 5th article of the Treaty, concluded between Her Majesty and the Kings of Siam, to enrol themselves in the register of British residents kept for that purpose at the Consulate. Failing to do so within fourteen days after their arrival, without there is valid reason to account for the omission, they are not entitled, conformably to the Order of Her Majesty in Council, dated at the Court of Osborne IIouse, Isle of Wight, the 28th day of July, 1856, to protection under the Consul's authority.

British subjects on leaving Siam as a residence are equally required to report

themselves at the Consulate, at least forty-eight hours before their departure.

Seamen borne on the muster-roll of a British vessel are exempt from this obligation. III.-Incompliance with the Order of Iler Majesty in Council, dated the 1st of May, 1858, a register of all births and deaths occurring amongst British subjects in Siam is kept at the Consulate. The registration fee of each case is two shillings and six-pence.

The period in which such registration can take place after the occurrence of the event in foreign countries, has been fixed by Her Majesty's government to be seven years; this being the utmost limit that can be allowed for such registration. IV. In the event of a sudden death, either by accident or otherwise amongst the

RULES AND REGU, ATIONS FOR TRADING WITH SLAM.

325

subjects of Her Majesty residing here, it must forthwith be reported at Her Majesty's Consulate, in order that such measures may be taken as the circumstances require

V-British subjects in Siam desiring to trade beyond the limits stipulated by the Treaty, must apply for a passport to the Consulate, a reasonable time before their in- tended departure; as that document must be countersigned by the proper Siamese authority,

Persons travelling without a pass render themselves liable to be treated as deser- ters, and will be detained at the government stations in the interior until the case having been reported to the Consul, instructions on the subject have been received. VI.-In all cases of loss of British property by theft or fraud, assault or felony, whether committed on shore or on board of a British vessel in barbour, the occurrence must be forthwith reported at the Consulate-office, and in cases of theft, peculations, or assault where Britishi and Siamese subjects are both concerned, a Siamese if guilty of any criminal act, may be conveyed to Her Majesty's Consulate, provided there is no responsible officer of his country at hand to whom the offender might be delivered. But British subjects will not be permitted to use violence to Siamese offenders, or take steps for the redress of their grievances, under peril of rendering themselves liable for the prosecution of an assault."

VII-It is strictly forbidden a British subject, whether permanently or tem- porarily residing in Bangkok, or in any other part of Siam, to enter the precincts of a Wat or Siamese Temple for the purpose of shooting pigeons or other birds; nor is it permitted to injure the edifices, or the symbols of Siamese worship or their tombs, or to damage any of the trees and shurbs within the last. Any infringement of this rule will subject the offender to a fine not exceeding twenty pounds, or in default of such payment, to imprisonment in the Consular gaol to a period not exceeding one month, with or without hard labor.

VIII-No British subject residing in Bangkok or in any other part of Siam may establish either a boarding or eating-house without the sanction of the Consul, and unless security has been given not to harbour any seaman who fails to prove that he has been legally discharged. Any person thus licensed as boarding or eating-house keeper, must use every precaution that the inmates and frequenters of his house do not conduct themselves in a riotious manner, or break the peace, otherwise he will be rendered responsible, and his licence may be withdrawn.

IX-Any British subject resident here, who wilfully harbours or secretes any seaman or apprentice who has deserted from a British ship, knowing or having reason to believe such to be the case, shall, conformably to the "Merehaut Shipping Act, 1854" (paragraghi 257), incur a penalty not exceeding twenty pounds, in detault he may be imprisoned in the Consular gaol for any term not exceeding three months, with or without hard labour.

X-It is strictly forbidden to British subjects to enter the houses of the Siamese people against their will, or to create disturbances at their abodes. Any infringement of this rule subjects the offender, or if more than one, each of the offenders to a penalty not exceeding twenty pounds, or in default thereof to imprisonment in the Consular gaol for the period of not more than one month, with or without hard labour. GENERAL REGULATIONS UNDER WHICH BRITISH TRADE IS TO BE CONDUCTED IN SIAM, IN CONFORMITY WITH THE TREATY CONCLUDED BETWEEN HIER BRITANNIC MAJESTY AND THE KINGS OF SIAM.

-The master of any English ship coming to Bangkok to trade, must either before confter entering the river, as may be found convenient, report the arrival at the Cus- tom-house at Paknam, together with the number of his crew and guns, and the port from whence he comes. Upon auchoring his vessel at Paknam, he will deliver into the Custody of the Custom-house officers, all his guns and ammunition, and a Custom- house

089 sed

088 əsrd

089 sed

188 aged

18 sed

188 sed

ШЁ

326

REGULATIONS FOR BRITISH TRADE WITH SIAM.

II.—A vessel passing Paknam without discharging her guns and ammunition as directed in the foregoing regulation, will be sent back to Paknam to comply with its provisions, and will be fined 800 Ticals for having so disobeyed. After delivery of her guns and ammunition she will be permitted to return to Bangkok to trade.

III.—When a British vessel shall have cast anchor at Bangkok, the master (unless a Sunday should intervene), will within four and twenty hours after arrival, procen to the British Consulate; and deposit there his ship's papers, bills of lading, &c., together with a true manifest of his import cargo, and upon the Consul's reporting these particulars to the Custom-house, permission to break bulk will at once be given by the latter.

For neglecting so to report his arrival, or for presenting a false manifest, the master will subject himself in each instance, to a penalty of 400 Ticals: but he will be allowed to correct within twenty-four hours after delivery of it to the Consul, any mistake he may discover in his manifest, without incurring the above-mentioned penalty.

IV.—A British vessel breaking bulk and commencing to discharge before the per- mission shall be obtained, or smuggling either when in the river or outside the bar, shall be subject to the penalty of 800 Ticals, and confiscation of the goods so smuggled or discharged.

V.—As soon as a British vessel shall have discharged her cargo, and completed her outward lading, paid all her duties, and delivered a true manifest of her outward cargo to the British Consul, a Siamese port clearance shall be granted her on application from the Consul, who, in the absence of any legal impedient to her departure, will then return to the master his ship's papers, and allow the vessel to leave, a Custom- bouse officer will accompany the vessel to Paknam: and on arriving there she will be inspected by the Custom-house officers of that station, and will receive from them the guns and ammunition previously delivered into their charge. The above regulations, numbered from 1 to 5, are obligatory under the treaty concluded between Great Britain and Siam; those which follow, numbered from 6 to 14, are equally to be observed by masters of British vessels and their crews.

VI.-Masters of British vessels when reporting their arrival at Iler Majesty's Consulate, at the port of Bangkok, as directed by the fourth regulation above quoted, shall notify in writing the names of all passengers and persons not forming part of the registered crew.

Notice must likewise be given of the number and names of persons, who, as passengers or in any other capacity (seamen borne on the muster-roll excepted) intend to leave Siam in a British vessel.

VII.-Seamen, lascars, and others belonging to British vessels in the port are

strictly probibited to wear side knives or any other weapon while on shore.

VIII.—Should any seaman or apprentice absent himself without leave, the master

will report his absence, if such exceeds twenty-four hours, at the Consulate office.

IX.-Any British subject who entices a seaman or apprentice to desert, incurs according to the Merchant Shipping Act, 1854, paragraph 257, a penalty not exceed ing ten pounds; or any such subject who wilfully harbours, or secretes a person deserted from his ship, incurs a penalty not exceeding twenty pounds, if it be proved that be had knowledge of his being a deserter,

In default of the payment of such fines, the offender is to be imprisoned in the Consular gaol for any term not exceeding three months, with or without hard labour.

X.-All cases of death, and especially of sudden death, occurring on board of British vessels in the port of Bangkok, must be immediately reported at the Consulate. XI.-The discharge of guns from vessels anchored in the port of Bangkok, without notice having been previously given, and permission obtained through H. M. Consul from the proper Siamese authority, is forbidden under a penalty not exceeding ten pounds.

XII.-It is strictly prohibited to shoot birds within the precincts of the Wats or Temples, either in Bangkok or elsewhere within the Siamese dominions, or to injure or damage any of the statues or figures, the trees or shrubs in such localities of Siamese worship, any British subject or seaman of a British vessel guilty of such an act, renders

LAWS CONCERNING SIAMESE AND FOREIGN VESSELS.

327

himself liable to a penalty not exceeding twenty pounds, or in default thereof to an imprisonment in the Consular gaol for a period of not more than one month. XIII-When a vessel under the British flag is ready to leave the port of Bangkok. the master will give notice at the Consulate-otice, and hoist a blue peter twenty-four hours before her departure, which is to fly until she breaks anchorage.

XIV-Should any vessel take in or discharge cargo subsequent to the issue of the Siamese port clearance, as directed by the tith regalation, above quoted, the master as in a case of smuggling, subjects himself to a penalty of 800 Ticals (equal to 2100), and the goods so taken or discharged will be liable to contiscation. XV-Every fine or penalty levied under these regulations, is, (if not paid in

sterling money) at the rate of eight ticals Siamese currency for one pound.

British Consulate, Bangkok,

November 6th, 1860.

R. H. SCHOMBURGH,

H. M. Consul.

LAWS CONCERNING VESSELS BELONGING TO SIAM, AND VESSELS FROM FOREIGN PORTS, LARGE VESSELS AND LIGHTERS, WHICH COME INTO THE CHOW PHYA RIVER, OR INTO ANY OF THE RIVERS OF THE PROVINCES BELONGING TO SIAM.

Art. I.—If a vessel come into the Chow Phya river, she shall cast anchor at the Guard station at Paknam. Her master shall then report his name, the name of his ressel, from whence she comes, how many men she has on board, and what merchandise she has, so that the officer at the station may first examine his vessel. If she have guns and ammunition on board, the master shall deliver these to the care of the officer in charge. If the vessel going out be a merchant vessel belonging to a Foreign port, or a vessel belonging to Siam, having a European or American captain, then she shall first be reported to Luang Wisuth Sakaratith, the Harbour-master, and then a pass be obtain- But vessels belonging to the country, under Chinese

ed for her at the Custom-office

or Mussulman flag, according to the custom of either, shall be reported to the officers of the port in the service of the Kromata of the right hand, or the Kromata of the left hand (according to whose business it is), and request a pass for the vessel according When the vessel shall have dropped down to the Guard station at Paknam, the pass shall be presented to the officer of the station. And when the said officer discovers no cause why she should be detained, she may pass on.

to the custom.

In case a vessel that is coming in or going out do not stop at the Guard station, and thus violate the treaties, she shall forfeit the sum of eight hundred ticals, as the treaties have stipulated. And if a vessel shall go into any port of the provinces, or come out of any such port, she shall cast anchor at the Guard station [at the mouth of such river] and report herself to the officer of the station, and whatever he shall direct the masters to do in the premises, that must be done, which is according to the treaties. Art. II.-When any ship or vessel shall have entered into any river, she shall keep

Light on vessels, and mooring Ships. a light burning three fathoms above her upper deck, from early twilight to clear morning light. And when she shall have arrived up the river, within the precincts of the town, ber master shall first report himself to the Harbour-master, who will direct him to a berth for his vessel, which direction he must follow. She shall be moored by two anchors, one for the flood, and the other for the ebb tide, and rig her jib-boom in. Masters of vessels are prohibited from quitting the place of anchorage which has been assigned to them, without having first obtained the sanction of the Harbour-master.

Every infraction will be punished by a fine.

189 sed

18 ed

188 sed

789 aged

789 sed

328

LAWS CONCERNING SIAMESE AND FÖREIGN VESSELS,

The Line of Mooring,

Art. III.—The Harbour-master shall direct the masters of vessels not to moor their vessels very near the shore. The vessels shall be so moored as that they will not be liable to swing round and strike any floating house. They shall not be noorel at the mouth of any caual; but shall be arranged in a line up and down the river. Masters of vessels are hereby forbidden to fasten their cable to the shore, so as to form obstructions to the passage of boats near the shore.

Collision and Sinking of Vessels.

Art. IV.-—If vessels come into collision with one another, and are injured, and persons lose their lives by the accident, and property be lost, or damaged to whatever amount, report must be made of it to the Harbour-master, who will then examine the matter, and report to the proper authority, who will adjudicate the case.

If a vessel coming in or going out shall spring a leak, and sink in the channel of the river, the master of the same shall employ men to remove that obstruction. But should he not do this, the Harbour-master shall cause it to be done, and whateve. be the cost of that work it shall be paid by the master of said vessel.

Liabilities of Vessels not properly Moored.

Art. V.—If the master of any vessel do not abide by the 2nd and 3rd articles as above stated, and a large vessel dropping down or coming up the river, shall run against such a vessel and injure her, damages may be claimed from the vessel thus causing the injury.

If a small vessel shall run against a vessel not properly moored, and the small vessel be sunk thereby, and property damaged or lost, to whatever amount, the master of the large vessel shall pay the worth of all property lost or damaged, and pay a fine of one hundred and sixty ticais, because he did not take care to follow the directions given in article 2nd and 3rd.

All cases of this class that exist at the present time, or that may arise in the future, and the person required thereby to pay damages, shall have any doubts as to the true worth of the property damaged or lost, the owner of said property shall, under oath administered according to the custom of his own religion, afford satisfac- tory evidence that the property lost was of the value claimed.

In all cases where a fine is imposed on masters for vessels for carelessness of the kind above stated, the money thus obtained shall become the property of the government. Cuble and Ropes connecting with the Shore.

Art. VI. If a master of a vessel would remove from his berth and moor close in shore for the purpose of receiving merchandise, or for any other advantage, and shall in the day time fasten ropes to the land to bring her in to shore, it shall not be unlawful. But the ropes must not be thus engaged in the night time.

If a vessel shall remove from her berth to receive merchandise, and be fastened close to a wharf, one or two abreast of each other, but not so that the way for the passing of boats outside shall be obstructed or shall put into shore to cast out ballast, or do any thing else, and the vessel be in close contact with the shore or wharf, and there be left no passage for boats between her and the shore, ropes may in such cases be extended from her to the shore, for the purpose of retaining her in her place.

The Royal Barges, seats of either the first or second king, are allowed to be moored in front of the royal palaces; and although their cables and ropes be made fast to the shore, it shall not be unlawful, because they are near the seats of the king on the bank of the river, it not being suitable that any persons besides those engaged in royal service should come near to them.

If any one attempt to pass between the said Barges and the Royal seats on the river's bank, and run against their cables, or ropes, and the bont be capsized, alt damages thus resulting shall be suffered by the owner of the boat, because the act had been forbidden. There are only two such places, viz.:- one in front of the first King's Palace, and one in front of the second King's Palace. Again-masters of boats in the canals, laden with goods, coming out to moor in the river with the view to sell

damage proper the damage the damage.

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broken into parts, doating with the curnal, su vessel being mozel so as to straiten the way which the 11. and III articles of these laws provide to have remata yen an hire, and the rat float against the vessel,and her maste: cat the raft. anliuseppently broken to preves, and timber be lost, damages shali in such cases be paid to the owner of the raft. But ifa raft that against such a vessel. and the vessel le damaged there, to whatever extent, her master or owner shall not claim damages of the owners of the ratt.

Again, whoever wouli foa: a raft on the river, shall be provided with a cable, and shall by its ail. make fast and slacken here and there, and thus float carefully along, taking particular caution to pass in the passage between the line of vessels at anchor, and the floating houses regularly moored. If its owner choose to hare it pass on this or that side of them, he shall keep to that choice through all the way. If a raft float down. ai come into collision with a vessel that is moored accord. ng to articles II. and III.. the master of the vessel may cut the ratt, and send it adrift. But he shall do no other damage to the owner of the raft, nor take possession of his timber. If any of the timber be lost by this means, the owner may not claim any damages from the master of the vessel.

789 sed

789 aged

8 d

8 sed

330

LAWS CONCERNING SIAMESE AND FOReign vesselS.

If the master or owner of the vessel has not cut the raft asunder, but it break apart of itself, and the float against a vessel thus lawfully moored, and injure her in any wise, the owner of the raft shall pay the damages.

Again-wh ever would foat a raft, shall not be allowed to make any rope fast to the cable of a vessel moored in the river. And no large vessel or raft shall be allowed to float up or down with the tide in the night time. Again, if any one would float his raft with the tide, he shall not pass very near the shore, so as to be likely to run against a floating house properly moored, and thus injure it. Damages thus oc- casioned shall be paid by the owner of the raft.

Wherever there are no vessels anchored in the river, rafts are allowed to float down in the middle of the stream, and if it be desired to make the raft to the shore. this also may be done. If any raft or boat run against the ropes thus employed, and the boat be capsized, and property damaged, no damages shall be claimed from the owner of the raft thus moored; because rafts are not, as vessels, easily managed. Common sense will teach that it is not suitable to think of passing between a raft and the shore by which it is moored.

Throwing Ballast into the River.

Art. X. It is forbidden to throw stones, gravel, earth, or any ballast in or near the channel over the bar, where the water is under seven fathoms deep [at low water mark] extending from outside of the bar to any other place within the river Chow Phya. If it be desired to cast out ballast, the Harbour-master, or the officer in charge, shall first point out some place where it will be lawful to throw it: and in that place If the master of the vessel do not observe this law, but violate it by

it may be cast. casting ballast at the bar or into the river, he shall be fined the sum of two hundred ticals. Again-when any one would be employed as a pilot, let him first be examined by And if he bear a good examination, he will give him a certificate

the Harbour-master. to this effect. It is forbidden that any one undertake to pilot vessels without such a certificate. [If any one not thus approved, shall conduct a vessel erroneously and get aground, be shall pay the damages resulting therefrom.] And if any qualified pilot shall pilot a vessel or erroneously, and cause damage to the vessel by misconduct or mis management, he shall be tried, and if found guilty, fined [according to the demerit of

the case.]

LAWS CONCERNING SMALL BOATS.

Art. I.-Boats going with the tide shall pass in the midst of the river. Boats going against the tide shall go near the border of the river. In case a boat going with the tide shall pass near the border of the river; or in case a boat going against the tide pass in the midst of the river, thus taking a course contrary to this law, and then come into collision with another, and be capsized, or broken, or property damaged or lost, the boat which went contrary to the law shall pay the full amount of the consequent damages. If the boat damaged be the one which violated the law, she shall claim no damages from the other boat which was going according to law. If the business be such as to make it proper to go with the tide near the shore, let great care be taken by the boat thus passing, that she do not run against a boat that is going against the tide.

Boats passing one another.

Art. II-In case when boats going up or down with the tide following each other, and the one behind, being the fleeter, overtake and run against the boat going before, and damage or upset her, or run against a boat that is properly moored, and damage or upset her, the owner of the boat which does such mischief shall pay all damages.

Collision of Boats.

Art. III.—In cases the owner of a boat, wishing to move away from her moorings, or wishing to come out of the mouth of a canal, or wishing to come in and moor, or in going meets another boat and endeavours to avoid collision, but is not in time, and consequently strikes against said boat, but not intentionally, and said boat be upset or

tallaged. The

LAWS TUN TENU

capsized to gurk lamages ar leanse Le

Art. IV.

If a beat lightly

run agains

chat - 13

ད་ན་

the owner of sall boat shall pay all damages

la lett. an

1: death be

Fajon, he shall pay the price of the personi ja price attached by the billed, according to the old law

If a bost bearly laden, run against one lightly laden, causing her :

damages shall be paid. If a lightiv la den boat come into collisi

laden, the owner of the boa: not capsized shall remain, and assist to right up the other, and collect her goods that are adrift. If he do not remain and assist

he shall pay half the amount of all the consequent damages.

sther.

If a boat heavily laden be likely to come into collision with another boat lightly laden. and there be due time for evading each other, and no regard be paid to it, bat the man of the large boat wilfully run against the small bat, and upset her, the man who did this deed shall pay to the other part, the full amount of the property damaged or last, be the same little or mucb.

If a heavily laden boat be likely to eɔme into collision with an her boat heavily Eden, and one of the parties, when ten fathoms or more distant, request the other party to halt, and he do not regard it, but consequently run against the other boat. and she be capsized, and property be lost or damaged, to whatever amount, the trans- gressor shall pay all damages. But if there was not time to give warning at ten fathoms distance. and a collision take place, it is proper that such a case be accounted an unavoidable accident, and no damages claimed.

Heary and lightly laden Bests mooring together.

Art, V.-If a boat heavily laden, and a boat lightly laden moor close together, and the master of the light boat wishes to move to another place, he shall first duly notify the master of the heavy boat, so that he so take care that the light boat dó not run against the heavily la len boat. If he do not give due notice, and his boat ran against the one heavily laden, and capsize her, he shall pay all the damages resulting from the affair. But if he did not move his boat away, and the two boats jam against each other in consequence of wind and waves, and the light boat, being the larger of the two, cause the heavily laden boat to upset, the owner of the light boat shall pay half the worth of all the property damaged belonging to the heavily laden boat, because the light boat was larger than the other, and came and moored close by her side. If the heavily laden boat be the larger, and they jam one against the other. and one of them be consequently upset because of wind and waves without any design on the part of the other party, it shall be accounted a case not suitable for litigation.

Boats turning out one for the other.

out

for

In case a boat in crossing the river goes athwart of the course of another which going down with the tide:-if the boat crossing the river be the smaller of the two, and the one going with the tide be the larger, the boat crossing the river shall turn Put if the one going with the tide be the smaller,

the one going with the tide. and the boat crossing the river be the larger, the boat going with the tide shall turn out for the other. If the smaller boat do not turn out for the larger one, and conse- quently get damage l or capsized, no claim for damages shall be laid upon the boat. But if the smaller boat be the one heavier laden of the two, the larger boat shall turn ent for the smaller boat. If the larger boat do not turn out for the smaller one, and the smaller be capsized in the collision, the master of the large boat shall pay all

damages.

If a large boat be moored close in shore, clear of the way by which boats pass, and a small boat heavily laden shall run against the large boat and capsize, no claimi for damages shall be made upon said large boat.

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LAWS CONCERNING SIAMESE AND FOREIGN VESSELS,

Boats passing our another in Narrow Cunal,

Art. VI.--In case of boats passing in a narrow canal, so that it be impossible to observe the rules of the first article with or against the tide, because of the narrow. ness of the canal, the small boat shall turn out for the larger boat, and the lightly Jaden boat shall turn out for the one heavily laden.

Mooring Boats in Canal.

If boats lightly or heavily laden would moor in a canal, they shall moor in a line on either side of the canal, so that the way for boats shall not be obstructed. They shall not be moored one abreast of another, nor athwart of the canal, nor in the midst of it. If any person persist in mooring his boat athwart the canal, or mid-way in the canal, or abreast of another, and a boat coming with the flood or ebb tide, shall run against said bout, and capsize her, and property be damaged to whatever amount, no claims for damages shall be made upon the master of the boat that run against her. If it be in the night time, and a boat strike against one thus unlawfully moored, and the 'oat that runs against the other be upset, and property be damaged or lost. the unlawfully moored boat shall pay the full amount of all damages.

Again-in the inner caual which surrounds the city proper, and the outer canal called Phadoong kroong krasem, and the canal called Sanou Trong, the Bang Looang, and Bangkok Noi cauals, being canals in which many boats pass day and night, no craft shall he allowed to moor for the purpose of fishing with scoop nets. Whoever would fish with such

thus obstructing the thoroughfare through them. nets can do so in other canals where the travel is less.

Guard limits out of respect to the Kings.

Art. VII.-- An old law of Siam ordains that-In case either of the Kings shall pass on the river, it is forbidden all persons to paddle or row their boats in front of, o: near the procession, or near the side of it, or in any way to get into the procession.

And when either of the Kings shall come down to float P'ra-pra-t'ep (illuminated floats) on the river in the evening, according to Royal custom, on the 11th and 12th Siamese months annually, three days in each month, or when the Kings shall on other days come down to their seats near the river, or to other places on the river, and there be guard limits defined, and guards established, it is forbidden persons, who have no proper business within those limits, to enter therein.

It any such person shall dare to break into the limits, the guard shall seize him for punishment. If he be a foreigner, under whatever Consul, let him first be en- treated to desist from such conduct. But if he persist, he shall be seized and delivered over to the Consul to whom he belongs. If he resist, and a fight ensue, and he be wounded, or killed, no damages shall be laid upon the guard by whom he was wounded, because he was duly warned not to go within those limits.

If the foreigner thus transgressing wound the guard, or kill him, the Consul to

whom he belongs shall adjudicate the case according to law.

And when the Kings are to appear publicly in any place, or when on other days their Majesties are to come down to their seats near the river, or to any other place, au officer whose business it is, shall give a written notice to the Consuls a day or two beforehand, excepting the six days annually, when the Kings have their fire-works on the river. These are well known to the Consuls already without such notification.

Again, if the Kings shall go to their country palaces in the Royal gardens, Annall- t'ha-oot'ha-yan and Sapra-t'hooma-wan, where guard limits are formed about those palaces, it is not necessary to notify the Consul of the time of such visitation, because those places are appropriated particularly to the Kings, and there are no thorough-

fares there.

LAWS CONCERNING FLOATING HOUSES AND BUOYS.

Mooring posts for Floating Houses.

Art. I.-It is forbidden that any owner of a floating house plant his mooring posts so far beyond the front line of his float as to interfere with the passing of boats.

Whenever posts hot dar kanicus

disregarding this law sha. Diami? crike against flu pusis, an lained that tot cewber of that font.

Ar 11-

arbeit

exted in

Fishing Fools and bu

burning boats Pai tás

another for the purpost

that is a debing establishment. run afval of teking boats or ba. their owners shall 201 can any ang on the river, math more s maized in the midst of the river in a dan doating Leases that are repaired And it cannot be required that these ishi- my other way than athwart of the stren allow their owners thus to seek a health ›

gainst them. and be broken or upset. A ves lost, ne dum the owner of those fishing boats or bangs. 1ut the master of the drops down, inform himself of the localities of such fishing places, a sally when yet not near. for passing them safely, Sach fishing bats fred establishments. not often chatzed like the position of satar,

ኽ

ma* that te came.

But it is forbidden that the fishing baeys be connectedtogether) y means ofl: poles: it is only allowed that they be connected by means of repos, as is the usual custom Again-The space from the shore to the fishing buoys, being the way for 'vats pass, shall not be obstructed by ropes or poles, or any other thing stretched across it. If the owner of fishing toys shall stretch ropes or poles across that way, so as to dbstract it for boats, and a boat coming w, or going down shall run against sneh ob- structions, and she be apst aud pra omyl d. or damaged to whatever am sunt, the who stretebel the rope or pol, a ross that way shall pay the damages Ad f any life be lost by the accident, he shali fortèi: the price of that į orsonac, rått g to the person cid law.

Property Adrift on the River,

Act. III.-The old law forbade any person to take things that are accidentally ropped, or property that is adrift by casualty on the river. In process of time the peopie orgot this law, and thought it lawful to take such property, and appropriate it to them- elves, and have fallen into the practice of seizing such property; and the true owners ming to claim it, has given rise to contention and litigation. Sometimes the property seized has been concealed, and doubts consequently would arise about the property missed, whether or not thieves had stolen it. And thus there were many cases of itigation continually arising from this practice.

What to be dime with Property Adrift on the River. Property lost in the river is mainly teak logs and boards belonging to rafts floating down the river. which are broken and scattered about in the stream, the owners of which gong in pursuit of it are often not in time to secure the property adrift. And boats that Now, because of these frequent accidents, it is forbidden that

get adrift are numerous. any person belonging to this country, or to a foreign country, shall seize teak legs or boards, or any property of vessels, or boats adrift on the river, and appropriate the same to themselves, severing them thus from the owners, on the plea that such property was found without any owner; thus following the fashion of those who have no knowledge of law. If any one shall find property floating on the river without any owner, or property which has been secured from thieves, he shall deliver such property to the magistrate of that district, or shall report to him, or to the officer of the village, or to any man of rank

living

near to his own house.

If the property belong to ships in the river. report shall

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pro-

be made of the same to the Harbour-master within twelve hours from the time the perty was found. Then the magistrate, or the man of rank shall make accurate record of said property, and then wait for further information. As to the owner, let him hasten to find his lost property, inquiring for it of all the village officers for a month, let this not be prolonged beyond a month. And whoever shall have taken the property, or whatever magistrate, or village officer, or man of rank, shall have received the property. or whoever has been informed of the property lost, shall inform the owner of the pro perty which he seeks: and then examine carefully the settlements of the owner, and the record of the property made when received. Having thus ascertained that the propert truly belongs to him who seeks it, let it be delivered up to him. But if there be any

doubt, let the matter be postponed until other claimants shall be examined. If any one, having taken property adrift as defined above, conceal it, and do not report it to a magistrate or village officers, or some other man of rank, within the space of twelve hours, he shall, when arrested, he treated as a thief. If any one assist in taking property adrift with the view to deliver it to the owner, and inform a magis- trate, or village officer, or man of honor: and when the owner comes, and finds his property, and would take possession of it, and he who assists in saving it requests that be may have a reward for his services, this matter shall be arranged between the owner, the assistant and the nobleinan.

LAWS TOUCHING AFFAIRS BY LAND.

Assault and Battery.

Art. I.—There is an old royal law of Siam touching crimes of assault and battery,

comprising many articles, of which a compend is hereby re-enacted as follows:---

If any person getting into a quarrel, use abusive language, lead on their comrades with clubs, brickbats, or arms, beating, reviling, cutting, and stabbing one another, going even into the homestead of a man who was dwelling quietly at home, his house, his shed, his stall, his boat, or his floating house, and cause him to be wound- ed, the assailant who inflicted the wound, shall be fined double for his crime; and his associates whose hands were not in the blow, shall each be fined half the amount of the fine imposed on the leader of the assault.

If said householder shall beat and stab the assailant even unto death, no punish-

ment shall be inflicted upon him.

Again,-in cases where persons revile, beat, and stab each other in the street, and the vanquished party flee within the limits of a third party's home, and his an- tagonist pursue him thither, it shall not be accounted a case of assault on that householder. But if the vanquished party flee into the dwelling of a third party, and the assault be continued there, it shall be accounted a case of assault.

Again,-if any person shall with innocent intent, go to visit another, on whatever business, or shall go to purchase something at the place of another, and then and there fall into a quarrel, it shall not be regarded as a case of assault, because the affray had its origin then.

Seizing Refugee Servants or Debtors.

Again,-in case a master or creditor shall go to seize a servant or a debtor, and find him wherever he may, and while pursuing him, the servant or debtor flee into the home of another party, or into his own home, and the master or creditor pursues hin thither, and seize him, this shall not be accounted as assault. And if the place [to which the servant or debtor has fled] be a palace of a Prince, or the home of an officer of government, or the residence of a foreigner, the pursuer shall first duly inform the householder of his business, and then the latter shall deliver up the refugee to his pursuer And now this revised compend of law [touching assault and battery] is published tothe intent that all persons, both natives and foreigners, shall understand, that if anyone shall assault and invade the home, the house, the shed, the stall, the boat, or the floating house of another, and the householder or lord of the place, shall pound, beat, or wound the

SIAM-LAWS TOUCHING AFFAIRS BY LAND.

3.16

assailants severely, even unto death, and complaint be made of it to a magistrate, and he after due examination, shall fin i that the case is truly one of assault and battery, no punishment shall be inflicted upon him who wounded or killed the assailing party.

Concerning the Shooting of larg Guns.

no person shall discharge a large gun, whose report can be heard beyond one hundred sen, Art. II.-It has been a custom in Siam, and an old law there is supporting it, that ro and a half miles as on occasions of festivals.or at other time.according to the party's orn pleasure, without giving the reasons why the guns are tired. And when any one shall discharge large guns within the limits of Bangkok, and does not inform the proper officer of the government of his purpose, and obtain permission; or if any one in any of the provinces of Siam. would discharge such guns, and do not inform the Governor of the provinces and obtain his permission, and hence transgress this law, he shall be liable to nishment. The reason of this is that the report of large guns, whenever heard without the cause being made public, will produce alarm among the people, leading them to think that a conflagration has taken place or some other notable event.

Because it

has been appointed in the city of Bangkok that the report of a large guu shall be the signal of the morning forty-eight minutes before daylight, when four guns are fred daily, for the purpose of waking up all who must arise early, and for the pur- pose of giving a uniform time for the public. And a large gun is also fired at the Palace of the second King at 8 o'clock every evening, and one forty-eight minutes before daylight, at the quarters of the soldiers belonging to the Palace of the second King, for their guide. If a large gun is fired at other times, it is for the purpose of giring an alarm of fire. If the fire be far from the Royal Palace, four guns are fired. And when the people hear the report of these

If it be near, eight guns are fired. guns, they are given to know that fire is far or near, according to the signal, that they may come together and assist in extinguishing it.

Firing on Holidays.

Again, whenever there is to be an offering of firing large guns, on days held as auspicious by the Kings, or on occasions of the exchange of salutations by firing, or the firing of guns on some festival days, and whenever there is to be a trial of the strength of large guns at sundry times, on all these occasions, there is a custom to publish beforehand, giving all the people and their magistrates to understand, that on such and such a day, there will be firing for such and such purpose. And this is done to prevent the people from becoming alarmed.

Or it

When the war vessels which brought Sir John Bowring came hither, to negociate a new treaty, and a salute was to be fired according to English custom, public notice was given beforehand of the salute, and then the salutation took place. After this, people coming from without, not knowing [the customs of the country], and seeing that large guns are allowed to be fired from men-of-war, and that such guns are allowed to be fired in honor of festival days of their own country, they have fallen into the practice of firing large guns without previously informing the government of such intention. may be one party has informed the government, and has obtained permission to fire; another party hearing the report of their guns, joins in the chorus. Consequently the citizens of Bangkok, seeing that foreigners frequently fire their guns in sport, are emboldened to think that such things are probably not forbidden, and hence they fire their large guns without any previous appointment; consequently the former custom of notifying the government has been neglected.

When and how Guns are allowed to be fired.

Because of this, it is requested that the old law be renewed, forbidding the free firing of cannon, from the guard station at Paknam inward. But if any one belonging to the country, or any foreigner, has any cause why he should fire cannon-as on occasion of cutting hair, or on occasions of saluting after the custom of foreigners, or on occasions of religious festivals as do the Roman Catholics, or at other times, once annually,—it is not forbidden. But the head of the temple, or of the house, or of the ceremony, shall first give a

or to Krom-t'a, or to Krom-muang, three days beforehand. Whereupon the Lord

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be made of the same to the Harbour-master within twelve hours from the time the pro- perty was found. Then the magistrate, or the man of rank shall make accurate recor of said property, and then wait for further information. As to the owner, let him hasten to find his lost property, inquiring for it of all the village officers for a mouth, let this not be prolonged beyond a month. And whoever shall have taken the property, or whatever magistrate, or village officer, or man of rank, shall have received the property, or whoever has been informed of the property lost, shall inform the owner of the perty which he seeks: and then examine carefully the settlements of the owner, and the record of the property made when received. Having thus ascertained that the property truly belongs to him who seeks it, let it be delivered up to him. But if there be any doubt, let the matter be postponed until other claimants shall be examined.

pro-

If any one, having taken property adrift as defined above, conceal it, and do not report it to a magistrate or village officers, or some other man of rank, within the space of twelve hours, he shall, when arrested, be treated as a thief. If any one assist in taking property adrift with the view to deliver it to the owner, and inform a magis- trate, or village officer, or man of honor: and when the owner comes, and finds his property, and would take possession of it, and he who assists in saving it requests that he may have a reward for his services, this matter shall be arranged between the owner, the assistant and the nobleman.

LAWS TOUCHING AFFAIRS BY LAND.

Assault and Battery,

Art. I.-There is an old royal law of Siam touching crimes of assault and battery,

comprising many articles, of which a compend is hereby re-enacted as follows:-

If any person getting into a quarrel, use abusive language, lead on their comrades with clubs, brickbats, or arms, beating, reviling, cutting, and stabbing one another, going even into the homestead of a man who was dwelling quietly at home, his house, his shed, his stall, his boat, or his floating house, and cause him to be wound- ed, the assailant who inflicted the wound, shall be fined double for his crime; and his associates whose bands were not in the blow, shall each be fined half the amount of the fine imposed on the leader of the assault.

If said householder shall beat and stab the assailant even unto death, no punish-

ment shall be inflicted upon him.

Again, if any person shall with innocent intent, go to visit another, on whatever business, or shall go to purchase something at the place of another, and then and there fall into a quarrel, it shall not be regarded as a case of assault, because the affray had its origin then.

Seizing Refugee Servants or Debtors.

Again,-in case a master or creditor shall go to seize a servant or a debtor, and find him wherever he may, and while pursuing him, the servant or debtor flee into the bim

home of another party, or into his own home, and the master or creditor pursues And if the place [to

thither, and seize him, this shall not be accounted as assault. which the servant or debtor has fled] be a palace of a Prince, or the home of an officer of government, or the residence of a foreigner, the pursuer shall first duly inform the householder of his business, and then the latter shall deliver up the refugee to his pursuer And now this revised compend of law [touching assault and battery] is published to the intent that all persons, both natives and foreigners, shall understand, that if anyone shall assault and invade the home, the house, the shed, the stall, the boat, or the floating house of another, and the householder or lord of the place, shall pound, beat, or wound the

SIAM-LAWS TOUCHING AFFAIRS BY LAND.

he after due examination, shall find that the case is truly one of ass assailants severely, even unto death, and complaint be made of it to l no punishment shall be inflicted upon him who wounded or killed t

Concerning the Shooting of barg, Guns,

Art. II.-It has been a custom in Siam, and an old law there is no person shall discharge a large gan, whose report can be heard beyon| two and a half miles, as on occasions of festivals.or at othertime,aceo ownpleasure, without giving the reasons why the guns are fired. And discharge large guns within the limits of Bangkok, and does not inforn of the government of his purpose, and obtain permission; or i: any provinces of Siam, ́would discharge such guns”, and do not inform il Provinces and obtain his permission, and hence transgress this law, he unishment. The reason of this is that the report of large guns, whene the cause being made public, will produce alarm among the people. think that a conflagration has taken place or some other notable e has been appointed in the city of Bangkok that the report of a the signal of the morning forty-eight minutes before daylight, wh fired daily, for the purpose of waking up all who must arise early pose of giving a uniform time for the public. And a large gun is Palace of the second King at 8 o'clock every evening, and one fo before daylight, at the quarters of the soldiers belonging to the Fa King, for their guide. If a large gun is fired at other times, it is giving an alarm of fire. If the fire be far from the Royal Palace, f If it be near, eight guns are fired. And when the people hear t guns, they are given to know that fire is far or near, according t they may come together and assist in extinguishing it.

Firing on Holidays.

Again, whenever there is to be an offering of firing large gut auspicious by the Kings, or on occasions of the exchange of saluts the firing of guns on some festival days, and whenever there is strength of large guns at suudry times, on all these occasions, the publish beforehand, giving all the people and their magistrates t on such and such a day, there will be firing for such and such pur] done to prevent the people from becoming alarmed.

When the war vessels which brought Sir John Bowring came hit new treaty, and a salute was to be fired according to English custom given beforehand of the salute, and then the salutation took place. coming from without, not knowing [the customs of the country], an guns are allowed to be fired from men-of-war, and that such guns are in honor of festival days of their own country, they have fallen iuto tl large guns without previously informing the government of such may be one party has informed the government, and has obtai fre; another party hearing the report of their guns, joins in the chor the citizens of Bangkok, seeing that foreigners frequently fire their emboldened to think that such things are probably not forbidden, i their large guns without any previous appointment; consequently of notifying the government has been neglected.

When and how Guns are allowed to be fired.

Because of this, it is requested that the old law be renewed, forbid of cannon, from the guard station at Paknam inward. But if any on country, or any foreigner, has any cause why he should fire cannon cutting hair, or on occasions of saluting after the custom of foreigner: religious festivals as do the Roman Catholics, or at other times, once & forbidden. But the head of the temple, or of the house, or of the ce give a written notice of such a desire, to Krom-mahathai, or to Krot or to Krom-t'a, or to Krom-muang, three days beforehand. Wh

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Mayor of Bangkok will publish this, so that the people may understand, that on such and such a day, such and such a party will fire cannon for the purpose specified. Thus doing, the Royal servants, and all the people will not have the occasion to be in doubt

of the matter.

it is allowed.

Again,—if any one would fire small arms in the vicinity of the palaces of Princes, or at the dwelling of the officers of government, great or small, for the purpose of training children, grand-children, and other relatives or servants to shoot at a target, But a written notice must in every instance first be given to one of the officers above-named, of the purpose of such an act. This notice may be given on the same day that the exercise is to take place. An officer of the military department will then be sent to examine the target, to see that it is out of the way of the people ;assing; so that when the exercise takes place no person shall be shot.

Shooting Game with small Arms.

Again.-if any one would shoot birds, or other animals, he may do it in the woods, and in the fields, where there is no temple or village, or home (for man), and where there is no thoroughfares for the people. As regards shooting on temple grounds, or in villages, or the homes of men, or by the thoroughfares; sometimes the persons engaged are trusty persons; sometimes they are drunken, and will sometimes, unawares shoot and wound or And when the person who did the deed is taken and brought before the court for trial according to law, he pleads that he had no intention of doing it; and

persons. consequently long disputes arise, so that it is very difficult to settle such questions. Such fire arms are instruments of death, and will kill at a long distance, and beyond the reach of the eye of him who uses them, as when bushes or the siding of a house intercepts the vision where the ball can enter and kill.

kill

When and where it is not allowed to shoot Game.

For this cause a law has been made forbidding to shoot small fire arms by the temples, or villages, or homes of the people. Even in the field and woods it is forbidden to shoot at elephants, horses, cattles, buffaloes, and other animals, which their owners are feeding. If a man disregard this law, and wilfully shoot at random, he shall be fined a sum not less than one hundred and sixty, and not more than four hundred Ticals, according as he shoot little or much.

And moreover, if he kill an elephant, a horse, or ox, or buffalo, or other animals which their owners are nourishing, damages shall be estimated according to the worth of the animals killed.

Shooting men by Accident.

If a Siamese subject shoot a person, wounding or killing him, he shall be adjudged according to the old law of the land. If a foreigner shoot a person, and wound or kill him, the Consul to whom the man belong shall adjudge the case according to the law of his own country.

Sailors not allowed to go ashore with Arms.

Art. III-Masters of vessels and merchants who come to live in Siam, shall for- Lid their sailors or other hired servants, whether Siamese, Chinese, or other foreigners, white or colored, to take with them instruments of death, as short or long guns, or knives, when they go about on the rivers, or canals, or on land. If these servants have business leading them to make purchases, they shall not take weapons of death with them, but they shall go with hands free from all these. And when they go, let a serang or comprador of the employer go with them to watch over them. In case a master of a vessel, or merchant do not enjoin this upon his sailors, or his other servants, Siamese Chinese, or other foreigners, white or colored, and leave them to go about the rivers and canals, with instruments of death about their persons, in the day time or night time, and they fall into contentions, and an officer of Government or a householder shall assist in seizing said offenders for the purpose of delivering them over to their Consuls for adjudication, and they do not allow themselves to be seized without re sistance, and a fight ensue between them, and wounds be made upon their persons of whatever kind, no punishment shall be inflicted upon those who seized them. If they shall wound or kill (any of the party who seized them) the Consul to whose jurisdic tion they belong shall adjudge the case according to the law (of his own country.)

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CHINA.

Constitution and Government.

The form of government of the Chinese empire is strictly patriarchal. The sove reign, called “Ta-hwang-ti," or the Great Emperor, is regarded as the father of his people, and has unlimited power over all his subjects. The fundamental laws of the empire are laid down in the first of the "Four Books" of Confucius, which prescribe the government of the state to be based upon the government of the family.

Reigning Emperor.-Ki-tsiang, "High Prosperity," commonly called Tuug-chi, formerly Prince Tsai-sung, born April 5, 1855, the eldest son of the Emperor succeeded to the throne at the death of his father, August

Hienfung, "Perfect Bliss; 22, 1861.

The present sovereign is the eighth Emperor of China of the Tartar dynasty of Ta-tsing, "The Sublimely Pure," which succeeded to the native dynasty of Ming in the year 1644.

The Emperor is spiritual as well as temporal sovereign, and, as high priest of the empire, can alone, with his immediate representatives and ministers, perform the great religious ceremonies. No ecclesiastical hierarchy is maintained at the public expense, nor any priesthood attached to the Confucian or State religion.

The administration of the Empire is under the supreme direction of the Interior Council Chamber, comprising four members, two of Tartar and two of Chinese origin, besides two assistants from the Han-lin, or great College, who have to see that no- thing is done contrary to the fundamental laws of the Empire, contained in the sacred books of Confucius. These members are denominated Ta-hyo-si, or Ministers of State. Under their order are the Le-poo, or six boards of Government. They are: 1.-The board of civil appointments, which takes cognisance of the conduct and administration of all civil officers; 2.-The board of revenues, regulating all financial affairs; 3.-The board of rites and ceremonies, which enforce the laws and customs to be observed by the people; 4-The military board, superintending the administration of the army: 5.-The board of public works; and, 6.—The high tribunal of criminal jurisdiction. Independent of the Government, and theoretically above the central administra- It consists of from 40 to 50

tion, is the Tu-che-yiven, or board of public censors. members, under two presidents, the one of Tartar and the other of Chinese birth. By the ancient custom of the empire, all the members of this board are privileged to pre sent any remonstrance to the sovereign. One censor is to be present at the meetings of each of the six government boards, without taking any part in the deliberation, and others have to travel through the various provinces of the empire, to inspect and superintend the administration of the chief public functionaries.

amount.

Revenue and Population.

The estimates of the public revenue of China vary greatly, and while they are stated by some to exceed 100 millions sterling, are held by others not to come up to half that Official returns of the Chinese government-intended for a special public use, and as such not very reliable-which were published in 1844, give the revenue as follows:-

..Taels 53,730,218 .113,398,057 7,486,380 204,530

Land-tax, in money.

Ditto in kind, valued at.

Salt tax.

Tea duties..

Duties on merchandise..

Duties on foreign ditto, at Canton..

Sundries...

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The standing military force of China cateiste of two got o Visions,

formed by the more immediate subjects of the railing dynasty, the Tar The latter, the main face upon which

second by the Chinese and other subiect races. the imperial government can rely, form the called troops of the hig ́: Banners, apł garrison all the great cities but so as to be separated by walls and torts trom 11. population. The Chinese forces are said to be composed of 690,000 men, scattered over the surface of the empire. The soiliers do not live in barracks, but in their own houses, pursuing as chief business some civil occupation, frequently that of day-labourers, and meeting only ou certain occasions, pursuant to orders from the military chienams

Trade and Coucherer,

The value of the total commerce of Caina at the ports open to foreigners, in each of the five years 1864 to 1968, was as fuil ws, according to the official returns of the Imperial Maritime Customs :-

Years.

Imports.

4,335,459

3,000,000

1,052,706

Duties on marketable articles..

1,174,932

Duties on shops and pawnbrokers.

5,000,000

Ginseng

1,000,000

Exports.

Coinage.

1,000,000

The above was returned as the net revenue of the country. No statement of the

expenditure is given in the official accounts; but from missionary reports,

Total taels.. Sterling.

191,804,139

1864 .865

Tuels

Taels

61,293,578

17,0:47,869

54.006,509

15,002.199

£63,934,713

1866

61,844,158

20,614.719

60,054,631

20,018,211

1867

71,563.674

24,854,558

56.161.807

18.720.602

as well as the

15.8

69,329,741 71,121,213

23.100.914

57.695,713

19,298,571

23,707,071

69.114,733

23,038,211

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The following table shows the distribution of the commerce of China among the various countries, or groups of countries, maintaining trading intercourse with the empire, in the year 1868 :—

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Countries.

Value of Imports from.

Value of

Taels

Great Britain

Hongkong

India

24,478,843

15,672,685

26,098,085

264,530

24,612,974 26,362,615

Exports to.

Taels

42,040,836 8,970,289

Total Commerce.

Taels 66,519,679

Shangha

Tacts.

Tacis

2.$72.725

Fertigs Chinese import

19.434.880

3.626.675

19.583.901

38.093 MOL

Foreign imports

20.204.686

United States Japan

833,393

6,582,676

7,416,069

Chinese imp

7.836.03$

2,614,007

937,482

...

Australia

734,718

2,849,636

3,551,489 3,584,354

Experts...

Canter:-

12.406 332

.$32.797

6.135.8 15,481.567

30.337.026

Singapore and Straits

743,879

293,692

1,037,571

Foreign importa

7.812.994

Continental Europe

325,450

4,586,406

4,911,856

Chinese imita

2.695.971

Siam

691,251

77,673

768,924

Exports

13.7$1.171

2.672.838 13.541.116

Philippine Islands

315,458

183,404

498,862

Foo-CEO:-

24.206.136

Java...

264,887

228,028

492,915

Foreign imports

4.027.115

3.902.621

Cochin China

383,710

British Channel Islands.

46,274 634,080

429,984

Chinese imports

3,550.718

2.318.576

634,080

Exports...

15.579.956

16.117,730

Amoor Provinces

93.913

7,834

101,747

Tientsin:-

23.457.7:2

Sonth America

68 318

231,630

209.948

Foreign imports

9.252.155

11.661,871

Canada ...

New Zealand

Russia...

Cape of Good Hope

237,002

337,039

Chinese imperts

4.244.042

4.790.267

102,899

796,240

...

44,122

Exports...

Ningpo:-

Foreign imports.

1.223,197

914.751

14.720.204

17,388,889

4.746.215

4,720,063

Chinese imports

1,984,741

1.508,661

Gross total

Re-exports to foreign countries.

73,318,634 2,197,421

69,114,733

142,433,867

Exports...

5,832.585

8,070.721

2,197,421

Swatów :-

12,563.541

12.509,445

Foreign imports ..

4,725,047

3.955,513

Net total

71,121,213

69,114,733

140,235.946

Chinese imports

4,167.095

1.776,329

Exports...

2.934,799

2.793,668

Amoy :-

11,826,041

8.527.810

Foreign imports

4,654,551

3.901.763

It will be seen that the commercial intercourse of China is mainly with the United Kingdom and the British colonies. To the aggregate imports and exports of China in the year 1868, Great Britain contributed Tls. 66,519,679, or 47 per cent.; the colony of Hongkong Tls. 24,642,974, and India Tls. 26,362,615, being a total of Tls. 117,525,268, or 83-8 per cent, of the whole commerce of China, and leaving only 16.2 per cent. for Among the latter the United States take the first rank,

all the other foreign nations. with a trade, in 1868, of Tls. 7,416,069, or 5·3 per cent. of the commerce of China. The first attempt on the part of Great Britain to open a trade with China was made in 1637, when four merchant vessels arrived at Macao; but through the intrigues of the Portuguese there established, the enterprise failed. Afterwards the East India Company carried on a small traffic at the different maritime ports, and chiefly at Canton. In 1792, Lord Macartney's embassy attempted to put the trade on a more In 1816, Lord Amherst's mission for a similar purpose also failed, though the English trade continued for the next twenty years. liberal basis, but with little success. In 1834 the exclusive trade of the East India Company with China terminated, and the country was thrown open to general traders. The opening thus made was followed by a commercial treaty, signed on August 29, 1842, by the plenipotentiary of the Queen of Great Britain and the Emperor of China, by the terms of which five ports of the empire were opened to European trade. The five ports comprised those of Canton, Amoy, Foo-chow-foo, Ningpo, aud Shanghai. To those five ports were sub- sequently added nine others-namely, Swatow, Tientsin, Chefoo, Hankow, Kiukiang, Chinkiang, Newchwang, Takow, and Tamsui.

The relative importance of these fourteen gates of Chinese commerce is shown in

Kiukiang: Foreign

Chinese imports Exports...

Chefoo:-

Exports... Chinkiang:-

Foreign imports Chinese imports Exports... Newchwang:

Foreign imports... Chinese imports

Exports..

Chinese imports

2,706,027

1.664,549

Exports...

2,697,793

2.373,$19

10,038,401

7.940.131

imports

2,636,381

2.569.545

865,468

594.314

***

4,358,760

7,683,093

7,860,609

11.147,852

Foreign imports .

3,203,188

4,662,641

Chinese imports

1,494,416

2,352.454

1,567,769

1,523,611

6,265,373

$,538,706

3.336,618

3,656,863

2,084,256

2,037,117

385,928

441,919

...

5,806,602

6,133,899

2,254,474 796,169

2,784,887

2,130,951

2,393,587

1.591,619

Tamsui:

Exports...

Chinese imports

Takow:- Foreign imports...

5,444,230

6,507,457

867,128 300,008

648,099 90,680

855,812

704,124

2,022,948

1.442.003

Foreign imports.

551,511

664,016

Chinese imports

49,599

36,962

Exports...

156,683

308,83-4

...

897,307

780,298

Total Commerce

127,225,454 £42,408,485

140.235,946

£46,745,315

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