1851-03-19 — Page 1

19th March, 1851.

Present:

His Excellency The Governor,

The Honorable The Chief Justice,

The Honorable The Attorney General,

The Honorable David Jardine, Esquire,

The Honorable J. F. Edger, Esquire.

The Council met today by special summons.

The minutes of the last Council were read and approved.

His Excellency The Governor submitted to the consideration of the Honorable Members an ordinance for abolishing the Jurisdiction of the Supreme and other Courts of the Colony over Civil Actions wherein the parties concerned are Chinese Subjects, and the cause of Action has originated within the Dominions of the Emperor of China.

The Honorable the Chief Justice objected to the proposed ordinance altogether, but stated that, if the Council determined on legislating on the subject, he was of opinion that the power of the Supreme Court to issue Writs of Capias ad Respondendum should be alone restricted, but that the Court should have, in other respects, the same full power over all the inhabitants of the Island as is usual in other Colonies in Civil Suits, without reference to the locality wherein the question in dispute may have risen.

It was Resolved, that the proposed ordinance, together with a new one to be drafted on the principles advocated by the Chief Justice, should be sent round to the Members previous to the next meeting of Council, in order that they may maturely consider the question.

(Signed) S. G. Bonham

Read and Approved, this 1st Day of April, 1851.

(Signed) L. d'Almada e Castro,

Clerk of Councils.