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Report of Pro-
vincial Court.
Seisure of Vessel, &c.
Regulations
waters, &c.
as to entering
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opened to British subjects by treaty between Her Majesty, Her heirs or successors, and the Tycoon of Japan, is hereby declared unlawful.
If any person engages in such trade as a principal, agent, ship- owner, ship-master, or supercargo, he shall be deemed guilty of a misdemeanour, and on conviction thereof shall be liable to be punished (in the discretion of the Court before which he is convicted) by imprisonment for any term not exceeding two years with or without hard labour, and with or without a fine not exceeding 10,000 dollars, or by a fine not exceeding 10,000 dollars without imprisonment.
93. If the Court before which any person charged with having committed such a misdemeanour is brought is a Provincial Court, the Court shall report to the Judge of the Supreme Court the pendency of the case.
The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accordingly.
94. The officer commanding any of Her Majesty's vessels of war or any of Her Majesty's Naval Officers authorized in this behalf by the Officer having the command of Her Majesty's Naval Forces in Japan by writing under his hand, may seise any British vessel engaged or reasonably suspected of being or having been engaged in any trade by this Order declared unlawful, and may either detain the vessel, with the master, officers, supercargo, crew, and other persons engaged in navi- gating the vessel, or any of them, or take or cause to be taken the vessel, and the master, officers, supercargo, crew, and other persons aforesaid, or any of them, to any port or place in Japan or elsewhere convenient for the prosecution of a charge for the misdemeanour alleged to have been committed. Any such vessel, master, officers, supercargo, crew, may lawfully be detained at the place of seisure or at the port or place to which the vessel is so taken under the authority of any such Officer, or of any of Her Majesty's Consular Officers in China or Japan, until the conclusion of any proceedings taken in respect of such misdemeanour.
IX.-JAPANESE WATERS.
and
persons
95. When and as often as it appears to Her Majesty's Minister in Japan that the unrestricted entrance of British vessels into or the unrestricted passage of British vessels through any strait or other water in Japan may lead to acts of disturbance or violence, or may otherwise endanger the maintenance of peaceful
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relations and intercourse between Her Majesty's subjects and the subjects of the Tycoon of Japan, Her Majesty's Minister may make any Regulation for prohibiting, or for restricting in such manner as scems expedient, the entrance or passage of any British vessel (other than a vessel of war of Her Majesty) into or through any such strait or other water as aforesaid as defined in the Regulation.
Her Majesty's Minister may from time to time revoke or alter any such Regulation.
96. The foregoing provisions of this Order relative to the Penalties and making, printing, publication, enforcement, and proof of Regu- proceedings. lations to be made by Her Majesty's Minister in Japan, and to the mode of proceeding in respect of any charge for an offence against any such Regulations, shall extend and apply, mutatis mutandis, to any Regulation made by Her Majesty's Minister in Japan, as last aforesaid.
97. If any person navigating a British vessel wilfully violates, Seisure of or wilfully attempts to violate, any such Regulation, the Officer vessel. commanding any vessel of war of Her Majesty, or in charge of any boat belonging to such vessel of war, may use force for the purpose of compelling him to desist from the violation or attempted violation of the Regulation, and if it appears necessary or expedient may scise the vessel, and such Com- manding Officer may either detain her at the place of seisure, or take her, or cause her to be taken to any port or place in Japan or elsewhere, where the offender, may be more conveni- ently prosecuted for such offence.
Any such vessel may lawfully be detained at the place of seisure, or at the port or place to which she is so taken, under the authority of any such Commanding Officer, or of any of Her Majesty's Consular Officers in Japan, until the conclusion of any proceedings taken in respect of the offence,
X-PIRACY,
98. Any British subject being in China or in Japan may be Jurisdiction as proceeded against, tried, and punished under this Order for the to piracy. crime of piracy wherever committed.
99. If the Court before which a British subject charged with Report by Pro- the crime of piracy is brought is a Provincial Court, the Court vincial Court. shall report to the Judge of the Supreme Court the pendency of the case.
The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accordingly.
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