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as if the sentence had been awarded by the Supreme Court of the Colony of Hong-Kong.
Vessels and persons unlawful trade may engaged in be seized and sent
for trial before the
XXXV. And it is further ordered. That it shall of the Commanders of Her be lawful for any Majesty's ships, or any other officer duly autho- rized in that behalf, to seize any ship or vessel Chief Superinten- under the British flag which may reasonably be dent. suspected of having been engaged, or of being engaged, in trade declared in the next preceding Article to be unlawful, and to bring such ship or vessel, and the master, officers, supercargo, and crew thereof to the Colony of Hong-Kong, or to any other place where the Chief Superintendent may for the time being be resident, or direct the same to be brought, and there to detain such ship or vessel, and the master, officers, supercargo, and crew thereof, until the said Chief Superinten- dent shall have tried and determined the charges which may be brought against them, or any of them, of having been engaged in such unlawful trade.
Fines and Penal- ties.
XXXVI. And it is further ordered, That all Enforcement of fines and penalties imposed under this Order may be levied by distress and seizure and sale of ships, and goods and chattels; and no bill of sale, mortgage or transfer of property made after the apprehension of a party, or with a view to security in regard to crimes or offences committed or to be committed, shall avail to defeat any of the provisions of this Order.
dent establish
may Rules of Practice,
Regulations for Expenses of Wit-
nesses, and also
Rates of Fees
in civil suits.
XXXVII. And it is further ordered, That it shall Chief Superinten be lawful for the Chief Superintendent from time to time to establish rules of practice to be observed in proceedings before the said Chief Superintendent or Consul, and to make regulations for defraying the expenses of witnesses in such proceedings and the costs of criminal prosecutions, and also to establish rates of fees to be taken in regard to civil suits heard and determined before the said Chief Super- intendent or Consul, and it shall be lawful for the said Chief Superintendent or Consul to enforce by seizure and sale of goods, or if there be no goods, by imprisonment, the payment of such established fees, and of such expenses as may be adjudged against the parties, or either or any of them: Provided always,
1
2
Manner in which Fees, Penalties, Fines, and For- feitures are to be appropriated.
Consuls may grant Probate, &c., and administer to Intestate Estates.
Register of British Subjects to be
kept.
27
that a table specifying the rates of fees to be so taken shall be affixed and kept exhibited in the public office of the said Chief Superintendent or Consul.
XXXVIII. And it is further ordered, That all fees, penalties, fines, and forfeitures levied under this Order, save and except such penalties as are by treaty payable to the Chinese Government, shall be paid to the public account, and be applied in diminution of the public expenditure on account of the Superintendence and Control of British Trade in China Provided always, that in the event of the Chinese authorities declining to receive fines payable to the Chinese Government as aforesaid, the same shall be paid to the public account, and applied in the manner last mentioned.
XXXIX. And it is further ordered, That it shall be lawful for any of Her Majesty's Consuls to grant probate of the will or letters of administra- tion to the intestate estate of a British subject deceased and leaving property within the limits of the district within which such Consul shall exercise authority; and in the case of a party so deceased either leaving a will or intestate, it shall be lawful for the Consul, provided that probate of the will or letters of administration to the estate of the party de- ceased shall not have been applied for within thirty days by any person lawfully entitled thereto, to administer to such estate, and to reserve to himself out of the proceeds of such estate a commission not exceeding two and a-half per centum.
any
XL. And it is further ordered, That a register shall be kept by each and every of Her Majesty's Consuls, of all British subjects residing within the ports, places, or districts of China within his jurisdiction, and that every British subject now residing within the dominions of the Emperor of China who shall not be already enrolled in such Consular register, shall within a reasonable time after the promulgation of this Order, to be specified in a notice to be affixed and publicly exhibited in the Consular Office, apply to the Consul of the district to be enrolled in such register; and every British subject who may arrive within the said dominions, save and except any British subject who may be
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