ed,
284
behind son men or other persons in a des tituto state in the dominions of the Em- peror of China, and against masters of vessels refusing to convoy distressed sca- men thence to Hongkong or to England, and also to provide means of affording satisfaction to Chinese subjects and others who may have suffered injury from the crew of any vessel belonging to Her Ma- jesty's Bubjects.
or.
SUPPLEMENT
ted within the dominions of the Emperor of Ching, or within one hundred iniles from the coast of China, which said vessel shall not then be at Hongkong, or in any port in China at which a British Consular establishment may exist, and in respect whereof such bond or other security as nforesaid shall have been entered into, that it shall be lawful for any competent tribunals to summon the sureties in such bond or other security as aforesaid, to ap- pear and answer such complaint, and thereupon to proceed to enquire of, hear, and determine the same in the absence of the party alleged to have committed the injury complained of, and to award such damages (to be paid and borne by the sureties in the bond or other security as aforesaid) to such injured party as may be just and reasonable: Provided always that such adjudication shall not be pleadable in bar of any criminal proceeding insti- tuted in respect of the subject matter thereof, and that no such complaint shall be inquired of or heard unless it shall clearly appear that the party preferring the same has used all possible diligence in so doing whilst such vessel was in port, and that no such adjudication of damages or compensation shall be made if the said sureties show special cause for
Masters of mer. 1. Be it therefore enacted and chant vessels to dained by His Excellency the Governor enter into bond of Hougkong and Superintendent of with sureties as the Trade of Her Majesty's subjects in in form annex China, with the advice of the Legislative
Council of Hongkong, that the
Master of every merchant vessel belonging to any
of Her Majesty's subjects, as such master and i in that character on his arrival at any port in China at which there shall be a British Consular establishment, shall together with sufficient sureties subject to the jurisdiction of the courts of justice at Hongkong, enter into a bond condi- tioned as and in the form in the schedule to this ordinance annexed, provided al- ways that only one such bond shall be re- quired within the space of one year, unless the same shall become forfeited, and that any bond of a similar nature taken at Hongkong, and conditioned to extend to the dominions of the Emperor of China, shall be of the same force and effect as if entered into at any of the ports aforesaid; Provided also that the Superintendent of the Trade of Her Majesty's subjects in China may demand and take such other security as he thay deem necessary or sufity to be bond or other security as herein mentioned from the owners, master, con- whole penalty becoming forfeited the same shall be put in signees, or clue ons interested in any levied Super, suit by such person as raay here after be vessel for the due performanced and this discretion. Superintendent of Trade and the whole intendent aduly authorized in that behalf by the said ditions in sucli bondas aforesaid, and that thereupon no master of any vessel, in thereof,
1, in to return part penalty theo recovered and levied but
bond,
giving other se-
Eurity,
respect of which such other security shall be taken, shall be required to
o enter into such bond as
of
before mentioned.
2. And bacted that the British;
any
port as
of
Consul to take bond and give Consulat any such
aforesaid shall certificate there, be entitled to demand and take possession of, and approve of such bond, aud shall deliver a certifi- of sureties. cate of the taking thereof to such mas- ter as aforesaid, and that the sureties therein shall be to the satisfaction and approved by the said Consul. Penalty for not 8. And be it enacted, if any master as aforesaid shall neglect, entering into of
or not. for the space of ten days after his arrival at any such port as aforesaid, or after the forfeiture of, or after the expiration of the one year from the previous taking such similar bond, or shall at any time upon lawful demand made by the Superintendent of Trade, or by the Consul aforesaid, for such other security or for such bond, neglect or refuse to enter into the same, or to provide such sureties, o or other security as aforesaid, that it shall be lawful for the said Superin tendent of Trade, or for the said Consul to arrest and detain such master and the vessel commanded by him, until such time as the said demand shall be complied with, and also summarily to impose on the said master a fine not exceeding the am of one hundred dollars, to be paid to Her Majesty, her heirs and successors, and, in
nonpayment thereof, to forthwith cause the same to be levied of the apparel, boats, tackle, or furniture of the vessel commanded by the said master. Master & ship
4. And be it enacted, that the said detained to be master, and the said ship, whilst so de- liable asif bond tained or arrested shall be subject in every entered into,
rsespect to the same liabilities as it such bond or other security had been duly en,
Proceedings a tered into,
case of
in and
delaving
the same, or shall undertake to produce the party alleged to have committed the injury complained of, within a reasonable. time to be then fixed by such thibunal as
aforesaid.
leave behind any of the crew of the said Vessel the. in Hongkong or in the dominions. of the Emperor of China or within 100 miles of the Const of China and also within the space of one year aforesaid within the limit aforesaid do not refuse to receive on board the said Vessel the such distressed seamen as may be sent on board thereof for conveyance to Hongkang or to Great Britain by any of Her Majesty's Consuls in China and if no person formerly a seaman of the said vessel or no subject- of Her Majesty conveyed in the said vessel the to the dominions of the Emperor
any sums of
of China shall within three calendar months from having been such seaman or from having been so conveyed be found destitute or requiring public relief in the said dominions and also if the within named
e all or any Be of satisfactiou obligors shall forthwith discharge money which may be awarded by way (in the manner provided by the ordinance in pursuance of which this bond is entered into) to any person or persons by any competent tribunal for any injury sus tained within one year fro.n the date hereof from the crew of the said vessel the
-
or any one or more of them then this Obligation shall be void and of no effect but otherwise shall remain in full force and virtue. Signed Sealed and Delivered
at
in the presence of
PROCLAMATION.
L.S.
Whereas by a certain Act of Parliament passed in the sixth year of the reign of His late Majesty King George the Fourth, intituled “ An Act for punishing Bond or other 6. And be it enacted that upon any such offences committed-by transports kept to labour in the "
Colonies, and better regulating the powers of Justices of the Peace in New South Wales," it is amongst other things enacted, That it shall and may be lawful for time to time for that purpose issued, with the advice of his Majesty, by any order or orders to be by him from his Privy Council, to appoint, or by any such order or orders in council to authorise the Governors, Lieü- tenant governors, or other persons for the time being - administering the government of any of his Majesty's foreign possessions, colonies or plantations, to appoint the place or places within his Majesty's dominions to
that it shall be lawful for the Superinten dent of Trade aforesaid upon petition being made to him to that effect to order that such part thereof as shall not be actually expended in consequence of the breach of the conditions of the said bond or other sex
curity or as may not be required to liqui- sessions, offender convicted in any such foreign pos date any legal penalty which may have tence Colonies, or plantations, and being under sen-
been incurred by the master or other person bound thereby to be returned to the party or parties from whom the same may have been levied at such time and on such con- ditions as the said Superintendent of Trade may think fit and reasonable.
HENRY POTTINGER,
Supt. of Trade &c. 4o.
Passed the Legislative Council
the 28th day of February, 1844.
RICHARD BURGASS, Clerk of the Legislative Council.
THE SCHEDULE TO WHICH THIS ORDINANCE
REFERS.
Know All men by these presents that master of the vessel the
of
and we
British Merchants resident at
are heild and
firmly bound unto Her Most Gracions Majesty Vic. toria by the Grace of God of Great Britain and Ireland Queen Defender of the Faith in the full sum of one thousand lawful current dollars of the currency of the Colony of Hongkong to be paid to her said Majesty her Heirs or Successors for which payment to be well and truly made we bind ourselves and each of us for himself in the whole our and every of our heirs execu- tors and administraty firmly by these presents Sealed with our seals this
day of
184
have agreed to execute this obligation as sureties for the within bonnd Now the Condition of this Obligation
Whereas the within bound
gainst the crew 5th. And be it enacted, upon any com. of any ship not plaint made of any injury, either in person is such that ifthe within named in port dama or property, sustained from the act of any ges to be paid of the crew of any vessel belonging to Her Majesty's subjects, done or commit.
by sureties in bond
the
master of the vessel aforesaid do not within one year from the date hereof unlawfully discharge or
of transportation, shall be sent or trans, ported; and," that "all such persons, shall, within the place or places to which, in pursuance of any such order or orders in Council, they shall or may be so sent or transported,
same laws, re subject and liable to all such and the
and regulations as are or shall be in force in any such place or places with respect to con- victs transported from Great Britain." And whereas Her Majesty, by an order by Her issued,, by the advice of Her Privy Council, on the 22nd day of May, 1840, in pursuance of the said Act of Parliament, and in exercise of the powers thereby in Her in that behalf vested, did order the Governors, Lieutenant-governors, or other persons for the time being administering the government of any of Her Majesty's foreign posses. sions, colonies, - or plantations, shall, by proclamations to be by them respectively for that purpose issued, ap point the place or places within Her. Majesty's domi, nions to which any offender convicted in any such foreign possessions, colonies, or plantations, and being under seutence or order of transportation, shall be sent or transported, provided that neither the colony of Bermuda por any of Her Majesty's colonies in New Holland or in the Southern Ocean be so appointed for that purpose other than the island of Van Diemen's Land and Norfolk Island, and the islands adjacent to and comprised within the government of Van Diemen's Land. Now therefore, L, Henry Puttinger, Governor, &c. of the colony of Hongkong, in pursuance of the said order in Council and Act of Parliament respect- ively, and in exercise of the powers thereby respectively in me, as such Governor as aforesaid, vested, do appoint that any offenders convicted in the said colony, and being under sentence or order of transportation, shall be sent by the first convenient opportunity to Van Diemen's Land.
HENRY POTTINGER,
Governor, &c.,
Government House, Victoria, Hongkong, 11th March, 1844.
No comments yet.
Private notes are available after approval.