CO129-009 - Public Offices - 1844 — Page 61

Cond

to have offruded aganist the provisions of the Ordinance – but the Enactment does not prescribe within what limits such secgure and detention should take place.

The exercise of this power, however, is made to depends upon the special instruction and authority of the Superintendent, whose attrution should be called to the Enactment in order that he

may coefine its operation

within the proper

Cimits of jurisdiction.

Javi

Apon this point I and

to state that

presuming it to be the intention of the

+ vessels Engaged

Ordinance that.

in the

prohibited trade should be seized and

bond

such seigure detained whilst at sea, detention could not lawfully take place more than 100 miles from the coast of China, which is the extreme limit of the -legislative authority conferrable under the howers of 6,7 Victoria Cap 80.

I am also to notice the 8th Section of the

Ordinance, which is as follows:-

"And be it further Enacted, that all ships or bessels sailing under the British Flag, which shall have been employed in

any way

Joas

this

57

to offend against the Rovisions of Ordinance, shall, together with their Cargoes be liable to be seized and sold, to satisfy any penalty incurred by such Employment and that all Bills of Sale, Mortgages and other Transfers of property therein made,

such vessel Hall

___

of any

the

within three months after have been so unlawfully employed, within three months from the time. suit having been commruled against. Owner or Master thereof, for any offence aganist this Ordnance, or made a whatsoever to the knowledge of the purchase=

vicis to roade the recovery of the

with

4.

atang

time

penalties herein provided, shall, as against.

the said liability to be sold for the purposes aforesaid, be void and of None affect"

The latter portion of this Enactment may create insecurity to titles to arsels unless confined to transfers or mortgages after. secgure,

or to transfers mortgages made

before.