CO129-044 - Public Offices - 1853 — Page 92

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borne on the muster-roll of any British ship arriving in a port of China, shall within a reasonable time after his arrival, to be specified as afore- said, apply to the Consul of the district to be enrolled in such register; and any British subject who shall refuse or neglect to make application so to be enrolled, and who shall not be able to excuse, to the satisfaction of the said Consul, such his refusal or neglect, shall not be entitled to be recognized or protected as a British subject in any difficulties or suits whatsoever, in which he may have been involved within the dominions of the Emperor of China within the time during which he shall not have been so enrolled

Consuls may ex- any of Justices of the ercise the powers

Im-

Peace for enforce-

ment of provisions

be

of Acts of Parlia-

XLI. And it is further ordered, That the Con- sul within his Consular district may exercise of the powers which by any Acts of the perial Parliament now enacted or hereafter to enacted for the regulation of merchant seamen, or for the regulation of the mercantile marine, may exercised by one or more justices of the peace within Her Majesty's dominions.

be

ment relating to

Seamen and Mer- cantile Maribe.

XLII. And it is further ordered, That nothing Consuls in China in this Order contained shall be taken or construed may perform all

acts which may to preclude a British Consul within the dominions be performed by of the Emperor of China from performing any act elsewhere.

British Consuls

of administration, or jurisdiction, or other act, which British Consuls within other States at amity with Her Majesty are by law, usage, or sufferance enabled to perform.

appearance

XLIII. And it is further ordered, That it shall be lawful for the Chief Superintendent or Cousul to execute a writ of the Supreme Court of the Colony of Hong-Kong, and take security from each and every party named in such writ for his in person or by his attorney at Hong-Kong, and in default of such security, to send such party to Hong-Kong in the manner pointed out in Article XXXI of this Order; Provided always, that the Chief Superintendent or Consul shall not be liable to an action for the escape of any party captured under

any such writ.

Chief Super- intendent or Consul may execute Writs issued by Supreme Court of Hong-Kong.

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Limitation of actions.

Supreme Court of Hong-Kong may take cognizance of

offences committed

by British subjects within the Penin-

sula of Macao.

Provisions of the present Order to have force though repugnant to those

of former Orders.

Provisions as to Ordinances here-

after made by Chief Superintendent.

XLIV. And it is further ordered, That

any suit or action brought against the Chief Superintendent or Consul in the Supreme Court of the Colony of Hong-Kong, by reason of anything done under the authority and in execution of the power or jurisdic- tion of Her Majesty entrusted to him by this Order, shall be commenced or prosecuted within six months after he shall have been within the jurisdiction of the said Court, and not otherwise, and the defendant in every such action or suit shall be entitled to the benefit of the provisions made with respect to de- fendants in actions or suits, in an Act passed in the 6th and 7th years of Her Majesty, intituled

**An Act 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."

XLV. And it is further ordered, That the Supreme Court of the Colony of Hong-Kong shall have power to 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 shall come or be found within its jurisdic- tion; but it shall not have power to issue any warrant or writ to be executed or served within the Peninsula of Macao.

XLVI. And it is further ordered, That if any pro- vision of any Article of this Order shall be in any wise repugnant to, or at variance with, certain Orders passed by his late Majesty King William IV on the 9th day of December, 1833, or certain Orders passed by Her Majesty on the 4th day of January, 1843, and on the 24th day of February, 1843, and on the 2nd day of October, 1843, and on the 17th day of April, 1844, or any of them, then such provision of such Article of this Order, so long as the same shall be in force, shall be obeyed and observed, anything in the said recited Orders in Council contained to the contrary in any wise notwithstanding.

XLVII. And it is further ordered, That if any law or ordinance hereafter made in pursuance of the Act of the 6th and 7th years of Her Majesty's reign, intituled "An Act for the better Government of Her I

Tre