Directory_and_Chronicle_1896 — Page 233

H.B.M. SUBJECTS IN CHINA AND JAPAN

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may be levied by distress and seizure and sale of ships, goods, and lands; and no bill of sale, or mortgage, or transfer of property, made with a view to security in regard to crimes or offences committed, or to be committed, shall be of any avail to defeat any provisions of this Order.

moneys.

152. All fees, fines, forfeitures, confiscations, and pecuniary penalties Application of by trea y appropriated or payable to the Government of China, or to that fees and other of the Tycoon of Japan, shall be carried to the public accounts, and be applied in diminution of the public expenditure on account of Her Majesty's Courts of China and Japan; but if the Government of China or that of the Tycoon of Japan declines to receive any confiscation or pecuniary penalty by treaty appropriated or payable to it, the same shall be applied as other confiscations and pecuniary penalties are applicable,

153. Whenever under this Order any person is to be taken in custody Mode of removal or otherwise, for trial or imprisonment, or by way of deportation, or for of prisoners, any other purpose to the Supreme Court or elsewhere in China or Japan, or to Hongkong, England, or elsewhere, the Court, or other authority by this Order authorized to cause him to be so taken, may for that purpose (if necessary) cause him to be embarked on board one of Her Majesty's vessels of war, or if there is no such vessel available, then on board

any British or other fit vessel, at any port or place, whether within or beyond The particular jurisdiction or district of that Court or authority, and in order to such embarkment may (if necessary) cause him to be taken in custody or otherwise, by land or by water, from any place to the port or place of embarkment.

The writ, order, or warrant of the Supreme Court for China and Japan, or of a Provincial Court in China or Japan, or of the Supreme Court of Hongkong, or the warrant of the Governor or person administering the Government of Hongkong (as the case may be), by virtue whereof any person is to be so taken, shall be sufficient authority to every constable, officer, or other person acting thereunder, and to the commander or master of any vessel of war, or other vessel (whether the constable, officer, or other person, or the vessel or the commander or master thereof, is named therein or not), to receive, detain, take, and deliver up such person, according to the writ, order, or warrant.

Where the writ, order, or warrant is executed under the immediate direction of the Court or authority issuing it, the writ, order, or warrant shall be delivered to the constable, officer, or other erson acting there- under, and a duplicate thereof shall be delivered to the commander or master of any vessel in which the person to whom the writ, order, or warrant relates is embarked.

Where the writ, order, or warrant issues from the Supreme Court for China and Japan, and is executed by a Provincial Court in China or Japan, and where the writ, order, or warrant issues from the Supreme Court of Hongkong, and is executed by any of Her Majesty's Courts in China or Japan,-a copy thereof, certified under the seal of the. Court executing the same, shall be delivered to the constable, officer, or other person acting thereunder, and to the commander or master of any vessel in which the person taken is embarked; and any such copy shall be for all purposes conclusive evidence of the Order of which it purports to be

a copy.

removal of

154. Subject to the other provisions of this Order, all expenses of Expenses of removal of prisoners and others froin or to any place in China or Japan, prisoners, &c. or from or to Hongkong, and the expenses of deportation and of the sending of any person to England, shall be defrayed as the expenses relating to distressed British subjects are defrayed, or in such other manner as one of Her Majesty's Principal Secretaries of State from time to time directs.

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