The Hongkong Government Galette. [No. 71.—NOVEMBER 8, 1856.
Magistrate of Police, or other officer within the said Possession lawfully acting as such, who, on the receipt of the said warrant and of the party therein named, shall be authorized to commit, and shall commit such party so sent for trial to the common gaol of the said Possession, and it shall be lawful 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 Supremo Court; and the Supreme Court at the sessions to be next holden shall proceed to hear and determine the charge against such party in the same manner as if the crime with which he may be charged had been committed within Her Majesty's Possession of Singapore. Provisions with re- XXIII. And it is further ordered, That Her Majesty's Consul, on any occasion of sending a prisoner to gard to prisoners in
Singapore for trial, shall observe the provisions made with regard to prisoners sent for trial to a British colony in an & 7 Vict., c. 94, to be
Act passed in the 6th and 7th years of Her Majesty's reign, intituled “ An Act to remove doubts as to the exercise observed in sending prisoners to Singapore 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,"
for trial.
6
Supreme Court to XXIV. And it is further ordered, That the Supreme Court of Her Majesty's Possession of Singapore shall have concurrent juris-have and may exercise, concurrently with Her Majesty's Consul, authority and jurisdiction in regard to all suits of a diction with the Consul civil nature between British subjects arising within any part of the dominions of the Kings of Siam; Provided in civil suits between always, that the said Supreme Court shall not be bound, unless in a fit case it shall deem it right so to do, by writ British subjects.
of certiorari or otherwise, to debar or prohibit the Consul from þearing and determining, pursuant to the provisions of the several Articles of this Order, any suit of a civil nature between British subjects, or to stay the proceedings of the Consul in any such matter.
Enforcement of fines and penalties.
7
XXV. And it is further ordered, That all fines and penalties imposed under this Order may be levied by distress and soizure 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.
Consul may establish XXVI. And it is further ordered, That it shall be lawful for Her Majesty's Consul from time to time to establish Rules of Practice, Re-rules of practice to be observed in proceedings before the said Consul, and to make regulations for defraying the ex. gulations for Expenses peuses of witnesses in such proceedings and the costs of criminal prosecutions, and also to establish rates of fees to be of Witnesses, and also taken in regard to civil suits beard and determined before the said Consul, and it shall be lawful for the said Consul to Rates of Fees in Civil enforce by seizure and sale of goods, or, if there be no goods, by imprisonment, the payment of such established fees, Suits.
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 Consul, Manner in which XXVII. And it is further ordered, That all fees, penalties, fines, and forfeitures levied under this Order, save and fees, penalties, fines, except such penalties as may by Treaty be payable to the Siamese Government, shall be paid to the public account, and forfeitures are to and be applied in diminution of the public expenditure on account of Her Majesty's Consulate in Siam: Provided be appropriated. always, that in the event of the Siamese authorities declining to receive fines payable to the Siamese Government as aforesaid, the same shall be paid to the public account, and applied in the manner last mentioned.
·
Consuls may grant
XXVIII. And it is further ordered, That it shall be lawful for Her Majesty's Consul to grant probate of the will Probate, &c., and ad-or letters of administration to the intestate estate of a British subject deceased and leaving property within the King- minister to Intestate dom of Siam; 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 deceased 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.
Estates.
Register of British Subjects kept.
XXIX. And it is further ordered, That a register shall be kept by Her Majesty's Consul, of all British subjects residing within the Kingdom of Siam, and that every British subject now residing within the dominions of the Kings of Siani, who shall not be already enrolled in such Consular register, shall within a reasonable time after the promul gation of this Order, to be specified in a notice to be affixed and publicly exhibited in the Consular Office, apply to the Consul to be enrolled in such register; and every British subject who may arrive within the said dominious, save and except any British subject who may be borne on the mustér-roll of any British ship arriving in a port of Siam, shall within a reasonable time after his arrival, to be specified as aforesaid, apply to the Consul 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 Consuls may exer-be able to excuse, to the satisfaction of the said Consul, such his refusal or neglect, shall not be entitled to be cise the powers of Jus-recognized or protected as a British subject in any difficulties or suits whatsoever, in which he may have been involved tices of the Peace for within the dominions of the Kings of Siam within the time during which he shall not have been so enrolled. enforcement of provi XXX. And it is further ordered, That Her Majesty's Consul may exercise any of the powers which by any Acts sions of Acts of Parlia of the Imperial Parliament now enacted or hereafter to be enacted for the regulation of merchant seamen, or for the men and Mercantile regulation of the mercantile marine, may be exercised by one or more justices of the peace within Her Majesty's
dominions.
ment relating to Sea-
Marine.
Consuls in Siam may XXXI. And it is further ordered, That nothing in this Order contained shall be taken or construed to preclude perform all acts which Her Majesty's Consul within the dominions of the Kings of Siam from performing any act of administration, or juris- may be performed by diction, or other act which British Consuls within other States at amity with Her Majesty are by law, usage, or British Consuls else-sufferance enabled to perform,
where.
tions.
!
XXXII. And it is further ordered, That any suit or action brought against Her Majesty's Consul by reason of Limitation of ac-anything done under the authority and in execution of the power or jurisdiction 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 Court in which the same may be brought 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 defendants in actions or suits, in an Act passed in the sixth and seventh years of Her Majesty, intituled "An Act to remove doubts as tothe 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,”
XXXIII. And it is further ordered, That the term "Consul ” in this present Order shall be construed to include all and every officer in Her Majesty's service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or person duly authorized to act in any of the aforesaid capacities within the dominions of the Kings of Siam, and engaged in carrying out the provisions of this Order; and that wherever in this Order, with reference to any person, matter, or‘ thing, any word or words is or are used importing the singular number, or the masculine gender only, yet such word or words shall be understood to include several persons as well as one person, females as well as males, and several mat- ters or things as well as one matter or thing, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction.
Interpretation
terms.
of
XXXIV. And it is further ordered, That this Order shall take effect from and after the first day of December next ensuing.
And the Right Honorable the Earl of Clarendon, and the Board of Commissioners for the Affairs of India, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein, as to them may respectively appertain.
C. C. GREVILLE.
True Copy,
W. WOODGATE.
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