Directory_and_Chronicle_1864 — Page 145

for the keeper of the said common gaol to cause such party to be detained in safe and proper custody, and to be produced upon the order of the said Chief Superintendent, and the said Chief Superintendent shall forthwith proceed to hear and determine the charge against such party, and such party upon conviction before the Chief Superin- tendent shall be liable to a fine not exceeding ten thousand dollars, or to imprisonment for a term not exceeding two years, and the sentence of the Chief Superintendent shall be enforced to execution in the same manner as if the sentence had been awarded by the Supreme Court of the Colony of Hongkong.

l ́essels and persons engaged in unlawful trade may be seized and sent for trial be- fore the Chief Super-

intendent.

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XXXV. And it is further ordered, That it shall be lawful for any of the Commanders of IIer Majesty's ships, or any other officer duly authorized in that behalf, to seize any ship or vessel under the British flag which may reasonably be 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 Hongkong, 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 Chiet Superintendent shall have tried and determined the charges which may be brought against them, of having been engaged in such unlawful trade.

Enforcement

Fines and Penalties.

XXXVI. And it is further ordered, That all 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.

Chief Superinten- dent may establish Rules of Practice,

Regulations for Ex- penses of Witnesses, and also Rates of

Fees in civil suits.

XXXVII. And it is further ordered, That it shall 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 defray- ing 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 Superintendent or Consul, and it shall be lawful for the said Chief Superin- tendent 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, 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.

Manner in which

Fees, Penalties, Fines, and Forfeitures are to be appropriated.

XXXVIII. And it is further ordered, That all fees, penal- ties, 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 ir. diminution of the public expenditure on account of the Superintendence and Con- trol 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 men- tioned.

Consuls may grant Probate, &c., and

administer to Intes- Fate Estates.

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 administration to the intestate estate of a British subject deceased and leaving property within the limits of the