THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.
15.-All Regulations made under this Order, whether imposing penalties or not, sball be printed, and a printed copy thereof shall be affixed, and be at all times kept exhibited conspicuously, in the public office of each Consulate in China.
16.-Printed copies of the Regulations shall be kept on sale at such reasonable price as Her Majesty's Minister in China from time to time directs.
17. Where a Regulation imposes a penalty, the same shall not be enforceable in any Consular district until a printed copy of the Regulation has been affixed in the public office of the Consulate for that district, and has been kept exhibited conspicuously there during one month.
18.-A charge of an offence against a Regulation made under this Order, imposing a penalty, shall be inquired of, heard, and determined as an ordinary criminal charge under the China and Japan Order in Council, 1865, except that (notwithstanding anything in that Order) where the Regulation is one for securing observance of the stipulations of a Treaty, the charge shall be heard and determined in a summary way, and (where the proceeding is before a Provincial Court) without
Assessors.
19.—A printed copy of a Regulation, purporting to be made under this Order, and to be certified under the hand of Her Majesty's Minister in China, or under the hand and Consular seal of one of Her Majesty's Consular Officers in China, shall be conclusive evidence of the due making of the Regulation, and of its contents.
20.-The foregoing provisions authorising Regulations for China are hereby extended to Japan, with the substitution of Japan for China, and of the Mikado of Japan for the Emperor of China, and of Her Majesty's Minister in 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.
Prison Regulations.
21. The respective powers aforesaid extend to the making of Regulations for the governance, visitation, care, and superintendence of prisons in China or in Japan, and for the infliction of corporal or other punishment on prisoners committing offences against the rules or discipline of a prison; but the provisions of this Order respecting penalties, and respecting the printing, affixing, exhibiting, and sale of Regulations, and the mode of trial of charges of offences against Regulations do not apply to Regulations respecting prisons and offences of prisoners.
Mortgages.
22.-A deed or other instrument of mortgage, legal or equitable, of lands or houses in China or in Japan, executed by a British subject, may be registered at any time after its execution at the Consulate of the Consular district wherein the property mortgaged is situate.
23.-Registration is made as follows:-The original and a copy of the deed or other instrument of mortgage, and an affidavit verifying the execution and place of execution thereof, and verifying the copy, are brought into the Consulate; and the copy and affidavit are left there.
24.-If a deed or other instrument of mortgage is not registered at the Con- sulate aforesaid within the respective time following (namely):
(i). Within fourteen days after its execution, where it is executed in the Consular
district wherein the property mortgaged is situate:
(ii). Within two months after its execution, where it is executed in China or Japan, elsewhere than in that Consular district, or in Hongkong:
(iii). Within six months after the execution, where it is executed elsewhere than in China, Japan, or Hongkong :
then, and in every such case, the mortgage debt secured by the deed or other instru- ment, and the interest thereon, shall not have priority over judgment, or simple con- tract debts contracted before the registration of that deed or other instrument.
25.-Registered deeds or other instruments of mortgage, legal or equitable, of the same lands or houses have, as among themselves, priority in order of registration.
26.~(a). The provisions of this Order do not apply to a deed or other instru ment of mortgage executed before the commencement of this Order.