284
Masters of mer-
behind seamen or other persons in a dez- titute state in the dominions of the Em peror of China, and against masters of vessels refusing to couvey distresser aca men theuce to Hongkong or to England, and also to provide means of afferding satisfaction to Chinese subjects and others who may have suffered injury from the crew of any vessel belonging to Her Ma- jesty's subjects.
1. Be it therefore enacted and re chant vessels so riained by His Excellency the Governor suter into bond of Hongkong and Superintendent of with eurenes as the Trade of Her Majesty's subjects in in form annex China, with the advion of the Legislative Council of Hongkong, that the master
ed.
of erotics,
of every merchant vessel betonging t any of Her Majesty's subjects, is such master and in that chandler on his arrival at any port in China at which there ahu!! De a British Consular establishment, shall together with sulfidicat suresice subjoot to the jurisduction of the courts of justice at Hongkong, enter into a bond.cendi. tioned as and in the form in the schedain to this ordinance annea¿d, provided al ways that only one such bond shall be re- quired with the space of the year, unless the same shall become forfeited, and that any bond of a similer unțure taken at Hongkong, and conditioned to extend to the dominious of the Emperor of China, shall be of the same force and effect as if entered into at any of the ports abresaid: Provided also that the Superintendent of the Trade of Her Majesty's subjects in China may demand did fake such other security as he may deeru acoessary or suf ficient from the owners, master, con- signees, or other persons interested in any vessel for the due performance of the con- ditions in such bond as aforesaid, and that thereupon no master of any vessel, in respect of which such other security shali be taken, shall be required to enter into such bood as herein before mentioned. Lound to take 2. And be it enacted that the British bond and gse Conel at any such port as aforesaid shall certificate there-be entitled to demand and take possession of, and approve of such bond, and shall deliver a certifie cate of the taking thereof to such mas- ter as aforesaid, and that the sureties therein shall he to the satisfaction of and approved by the said Consul, Bersity for not 3. And be it enacted, if any rastea
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inanid' shell nagleet bend, be not grving other es, for the space of ten dega aller his arc-val purity, at any sith port as aforesaid, or after the forfeiture of, or after the expiration of the space of one year from the previous taking of any such simuler hood, or shall at any time upon law demand made by the said Superintendent of Trade, or by the Consul aforesaid, for such other security or for speh bond, jegiect or refuse to enter into the same or to provide such sureties, or other jecurity as aforesaid, that it shall be lawful for the said Super tendent of Trade of for the said Consul to arrest and detain uch master and the Vessel commanded by Sim, until such, time as the said demand, shall be complied with, and also summarily to impose on the said master a the not exceeding the sum of one hundreijdeflurs, to be paid to Her Majesty, ber heirs and successora, and, in case of nonpayment thereof, to forthwith cruse the same to be levied of the apparel, boats, tackle, ur furniture of the vessel commandex by the said master. 4. And be it enacted, that the said Master ship deinined to he muster, and the said ship wulat so de- fiablo asif bond raised or arrested shall be subject in every rsespect to the same babilities pa if such bond or other security bad been duly en. tered into.
entered into.
Proceadings a gainst the crew
5th. And be it emneted, upon any com. of navy mily not painui täide of any injury, outre la posma
or papery, sustained Pers des act of any
In
gre so te paid of the orce of any Vossel belonging to
by sureties in
Her Majesty's subjecta, done or commit.
SUPPLEMENT.
Bardor ather
put in it and
intendent
ted within the dominions of the Emperor of China, or within one hundred miles from the coast of Ching, which said vessel shall not then be at longkong, or in any port in China at which a British Consular establishment may exist, and in respect whereof such bond or other security as aforesaid shall have been entered into, that it shall be lawful for any competent tribunals to summon the sureties in such bond or other security as aforesaid, to ap pear and answer such coinplaint, and thereupon to proceed to enquire of hear, and deleraine the same in the absence of the party alleged to have committed the injury complained of, and to award such damages (to be paid and borne by me suretics in the bond or other security as aforesaid) to such injured party as may be just nod reusipable:"Provided always that such adjudication shall at be pleatable in bar of any criminal proceeding insti tated in respect of the subject matter thereof, and that no such complaint shall be inquired of or heard unless it shall clearly appear that the party preferring the same has used off possible diligence in so doing whilst such vessel was ir port, and that no such adjudication of damages or compensation shail he made if the said suretics show special enņas for delaying the saine, or shall undertake to produce the party alleged to have committed the injury complained of, within a reasonable time to be then fixed by such taibunal as sforesaid.
6. And be it enacted that upon any such Buy to be bond or other security as herein mentioned whale penaay becoming forfeited the same chail be put in levied Super, suit by such person as may here after be duly authorized in that behalf by the said hia discretion Superintendent of Trade and the whole te renun part penalty thereof recovered and levied but that itehall be lawful for the Superintens dent of Trade aforesaid upon petition being made to him to that effect to order that such part thereof as shall not be actually expended in consequence of the breach of
thereof.
leave behind any of the crow of the said Viesel be in floogkong or in the dominions of the Emperor of China or within 100 miles of the Cost of China and also who the space of one year aforesaid within the hmit aforesaid do not refuse to receive on board the said Vessel the such distressed scamen as may be sent on board thereof for conveyance to Hongkong or to Great Britain by any of Her Majesty's Consula in China and if no person formerly a souman of the said vessel or to subject of Her Majesty conveyed u the said vessel tha to the dominions of the Emperor of China shoil within three calendar months from having buen such seaman or from having heen so conveyed he found destitute or reqnicing public relief in the said dominions and also if the witly named obligors shall forthwith discharge all or any sums of money which may be awarded by way of satisfaction (in the manner provided by the ordinance in pursuance of which this bond is entered iuto) to any person or persona by any competent tribunal for any injury sus tained wibim one year from the dats hereof from the crew of the said vesser LING
or any one or more of them then this Obligation shali be void end af no effect but otherwise shall remain in fall free and virtas.
Signed Scaled and Delivered
in the presence of
PROCLAMATION.
L. S.
Whereas by a certain Act of Parliament passed the sh year of the reign of His late Majesty K George The Fourth, intituled - An Act for punishing offences committed by triusports Reps to labour in the Colonies, and better regulating the powers of Justices of the Peace in New South Wales," it is among other things enacted That it shali and may be lawful for his Majesty, by any order or orders to be by him from time to te in at purpose issued, with the advice of his Privy Counch to appoint, or by any augh onder or orders in council to authorize the Governors, Lieu- tenant governors, of other persons for the time being administering the government of any of his Majesty's foreign possessions, copies or plantations, to appoint the place or places within les Majesty's dominues to which any offender conficted in any such foreign pos- sessions, enlouies, or plantations, and being under sen- Lence or order of transportation, sind be sent or bans-
the conditions of the soil bond or other se curity or as may not be required to liqui date any legal praaby which may have been incurred by the master or other personported; and," that all such perspas, shall, within the bound thereby to be returned to the party or parties from win the same may bave heen levied ut such time and en such con- d.tions as the id Superintendent of Trade may think it and reasonable.
HENRY POTTINGER,
Supt. of Trade &c. dc.
Passed the Legislative Council
the 28th day of February, 1844
RICHARD BUBGAÍS.
Clerk of the Legislative Councii.
THE SCHEDELE TO WHICH THIS ORDINANCE FETERS, Know All men by these presents that master of the ressed the of and we
place or places to which, in pfeuance of any such order or offers in Council, they shall or may be so sor or transported, be subject and liable to all such and the porne laito, rules, and regulatja be. På are, or shall be. force in any such plass or plates with respect to victs transported from Great higih." And whe Her Majesty, by an order by Hengad, by the adv. of Fler Privy Council, on the 22nd day of May, 1848, in pursuance of the said Act of Parliament, and is exercise of the powers dyreby in der in that behalf Tested, dil order the Cesfrnors, Lieutenant-governors, or other persons for the time being administering the government of any of Her Majesty's foreign posses. sions, colonies, or plauftations, shall, by proclumioits to be by them respectively for that purpose issued, aje point de place or jfces within Her Majesty's dami. nius to which any offender convicted any such foreign possessions/ colonies, or plantations, and being under sentence or gider of transportation, slali be sent or transported, přovided that Beither the long of Bermung nor agy of Her Majesty's colonies in New Holland orin e Southern Ocean be so apported for that purpose ofher than the island of Van tuen's Land mid Norfolk Island, and the islands adjacent to and comprised within the government of Van Diemen's Lam Ngw therefore, J. Henry Pottinger, Gieterior, 8. of thy colony of Hongkong, in pursuance of the said order in Council and Act of Parliament respect- ively, and in exercise of the powers thereby respectively in or, such Governer og aforesaid, vested,do appoint 154. that y offenders convicted in the said colony, and being under sentence of order of transportation, shall have agreed to be sent by the first convenient opportunity to Yan execute this obligation as surelien for the within bound Tiefen's Land.
Now the Condition of this Obligationen saam van can
DENRY POTTINGER,
Governor, &c,,
British Morchants resident at
are heild and
firmly bound unto Her Most Gracions Majesty Vic. toria by the Grace of God of Great Britain and Ireland Queen Defender of the Faith in the full sum of one thougnud inwfill earrent dollars of the currency of the Colony of Hongkong to be paid to Fer said "Majesty her Heirs or Successors for which payment to be well and truly made we bind ourselves and ouch of us for himself in the wfile oneand every of our heirs execo- turs and administraty firmly by these presents Sealed with our seals this
day of Whereas the withia bound
ink that ifthe within named
Lit
master of the vessel one year from the date hereof unlawfully discharge or aforesaid de nut within
Government House, Victoria, Hongkong, 11th March, 1844.
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