港史文本 - HK In Texts: CO129/44 - Public Offices

LOUS

Co/

cong trong

1853 Public Offices

and

Individuals

Je p

ייז

}

Public Offices

Admiralty.

Governor instructed #Affum/59

104

اندک

CCC

104. Song Along

CEIVED

JAN. 6 1863°

Admiralty 5+ dan 71883

M.J. B. Willier, thirstu amjestene been provided

Honghong having beens

with a continant inpage from that plane

To Englan

cea Tii23

July

and

ver 1852 and the sum of one

Aqmeter 1852

having

hundred and your pounds huous

been poind bything departement for

aver come

the same

same; Jam

Lord Commisscommes of the

by my

duimalty to

in that the

чезний

Dulie of Newcastle will come the account to be repaid to mee Pamperounter Greurai who lives have

has

instructed to receive thera

male

I am Sim

هنگ

Your mon diedient Iswant

Colonial Office

собирать

Ain herriale.

Coll repen als Hellier, thus the

to pay the amount due to the

Company.

Am Jan 7

Him. Mr. Holler gmeback

На

Is Weturned

mid. Foi 7. Borken.

ahut a fortnight

7/8

Gur

طابقة

VOGADO A

сред

Losange

Boubane Br

VINUTE

1953 JANY

Jodes Merivale 13

Elliot * IRF' Peel

Dukey Newcastle 14.

104

Hong Many

Nor

Live

14 Jan/20

Ach the instance of the

Pases Commifoniert of

the Admirath Ilove the

Admiralty

request that you will call

Черсов

sepen Mer C.B. Hillier the

exfrom

Chief Magistrate of How

Korea to remit to the

Paymester Geneal for devel Services, who has been instructed to receive it, the Sure of £104 on account of a Genfrage

алы

to this leve

Country

oltte

Contrach note of charge.

which nos provided for lim between the 23 of July and the 22. of Lepper last_

Shore

Good inform? 274 dune pod Weiss 98

28 ha/53

رشناس

The a

b455 Hong Kong

C.D.

JUNE23 1853

With

Adriater

227 June 1853

reference to your

letter of the 25th Ultims, compacting

me cloarged for the pufunge

когда M.C. B. Hilliger, thich Magistrace

६

of Hong Kong from that place to England; Jame

Lord Commissions of the

མཁན་ཨི་

the

Newcastle

Cedriinatey to aquaint you for information of the Duke of Newe that the time charged - £ 104 - is

correct as

WHillyer Embarked

one bound the Contiant Packet inn

July

and the reduced in of

Colonial

Office

of £91 un £86-13-4

cer

standin

your letter) is only applicable

to home papages during the

Morter of angue, September,

October, Nor rember and Decuntur.

November

уточни

خوشک هست

み

し

Mr. Merimle

Gorun

Annex it

Am Jum 24

Desp to you 1 Sept N° 23

76.59ady

633 xong đong.

RECEIVED

AUG 27 1853

Jamwall, 2425 Aug 7/43

Having laid before myploads (onnessioners

of the Admiralty, your Letter of the 25th notant

with its enclosures on the subject of the neccfuity that means should be formed for effecterally

Pirates

protecting British Commerces from the Atracks of

in the Writers of Hong Kong, Jan

commanded by the Vorclships to acquirunt

you for the information of His Grace the

Dukes of Newcastle that Her Majestyp stoop

Greevan has been alrearly despatched and Two

für Heamers of War will bevent. Vous fer

Your most obecvent servant

folemeal (Department

Arwing apart

Ний

dad bo

party, surrounded

ber

སྣ

to quests

large dinner

of extinguishers on

Servants

くく

long holes

air ferrn the Verandal; – als

and

2་ཁྱོན་མི}་

the lights put

།ན་

the table porniture

Consension,

videra.

уче

the last

Mens

Just

Lik

fetzte,

rubbering Heren Vezel in harber

Why

to confreunded

Piracy, this

Westm

with undiag

Grmad

Kif

can defint.). H. 25 agent

дерт

Min Stephen.

to bemed

Chines

thieves, b

lazi

satisfactory Effect

But

Найти своди

much invctiontr

Ron Havarty any

experter

moral.

25 Aut.

with feas bath

the part

Inform the Governs

accr

ومم

knower been urged lehem en lysthelocal.

Suthentie who ch

Juuth fo

ченный

Crunden dwil

both.

defendations,

finally

حمد

او

athe

of the Ships

do not act as "extinguishers.

等

will probably

Inture attempts to cafetare

upon. The petty thefts they

prevent th

attempte

*7* A

Repliger."

обрати

Ordnance(Cosm)

23 Nov

10984

ECEIVED

NOVIS

1853

Họng trong

Malta.

14th Nov. 1853

The undermentioned persons

Inces

having been provided with Conte Papages-vit

M. Jno Hare, Clerk in

tot. Precedury Hongkong L89-

Trecctury) to England

Cotic Бессо

Cottached to

Edw Sweeny the African Expeeding Matter

₤102

and the Sum of £ 102 having

Дера

pound bythers Departen sue or acconse

dann comme

there

ounded legpy.

worden ommissions of the adunate to

require thin the Duke of New cartle that amon

will

to lee refiend

action suural whohen

to the Pampan

い

been instructato recive the same

Merrivale by

daine Sin

Colonial Office

in more deedione Prevent

し

Bow Waing then,

זי

home to Explaund

being

hang chischung

m; he sipped certain

from the Suppers a Milners

nature, of which

ignoment is hier

conditions

discharge.

complete, the Foreign Office Sohn Hare Erge

I suppose, should be requested to pay her passage.

home in comsation with the African Mission, but of his discharge conditional I suppose the Ofinance ought to pay it. _ "The entrance, might be informed that this demand bear bas

whether made a aquested to state whe

Edward. Tiveny received his hacking

Sweeny

to repay

the last

flate

Br.

る

Hm N 15

7816

Mer Meinale. Yun Hare.

Call refien

of thin cospective Jeepaged to the Taymode

General of the hory ?

み

Merinle

dist not jo

the

Edward Sweeny

aforiem, Expedition

Ment

thats

after-

liis

16909 Hung Harry

Ent

20 Nov 53

MINUTE

NOVE

MRELLiot M.Merivale MF.Peel

The Same of eight keine

Duke of Newcast! 19.

frounds, the loth of your Grafonge at the Contrack

Koney to this Comme

Kony

this Counting, having

been paid by the Board

& Axmurelly, Jane

derential

the Duke of

heweerth to request that

will repay

you

This

ancouch to the Paybuster

Leeça

General who his mushueled

to receive it

вчение

Have

Buy Honkong 10929

G. Butter & Sir

husb

MINI 17 1858

NOVA

Chapman 17

19.

Malta

23 Nov 53

with reference

to Lord Clarence

Pagets letter of the 19th of August last conveying the approval of the Master Seal

Seal of

the Ordnance. to

an arrang

arrangement

made of the for of matter for supply the place of

Sweeny, a Papper, who was prevented by lever from

Where they left) accompanying de

Vogel on his Expedition to Africa d'am directed by the Dake of Newcastle to acquaint you for the exformation

The Master feul

Board & Ordnance

that the Board of Admiralty have

demanded the

#13 in

sum of repayment of

the papaz bay this lesson from

Malta to this

Country &nd am to request that

you

will move

the

Master feal aboard

to state

ordnance, whether

Edward Sweeny

received his

complete dischay. from the corps

of Sappers & Miner.

Zam!..

23 Nov

11065 trong trong

LIVE

1.0 NOVI

16.3

Adhurally 150 NS/B53.

The view. Ir Feedman, folorat Chaplains

at Hong Kong having been afforded

Passage at the Contract Date from Hong Kong to England between the the foil and 3rd June last, and the vine of

Eighty nine rounds having been pand by the

Naval Department for the same, dam commanded bynny Love (unnichswoners of the Amrally to

request that the Grace the Duke of New can the

{

will course the above sum to be paid to the

Paymaster General

on acc

account of torval ferencer

who has been instructed to revere the vamɩ

Jane Fer

Your

wort obedient vervant

erman berwale Toef

folonial Department

des Shedman abe is in

Call refion to pay this amount? во

is in England

Min humile

My hear

com N17

な

}

{**

Adin T 11065 Whony.

tet

The Rev. SW Steedman.

Wigh Excall.

Wellington

Shropshire

23 Nove

MINUTE 17

RAR

пе

NOVE

"" Hallswort 18

MrElliot

MBMonvale

MFPeel Z

Newca

Sir,

I am directed

Dudley Now" 22 by the Duke of Newrasele

WM.

15 hou/53

no65.

(£89)

to transmit to you

the Copy of

a Letter

from the Board of Admiralty applying for repayment of the Sum of Eighty

mine pounds on

account of your

passage from Houghing

فر

to this Country between

the 11th April and the 3 June last,

and

I am to desire

that you

remit this amount

to the Paymaster

General at Witchall

on account of haval Services.

поддъ L

он

alled

со

Ser

11066 trong nong.

RECEIVED

NOV16 1853

ما

Lipi

Adnally /5° NoM/853.

Moril@ fay, weywotraw of the Reframe

fourt at Hongthong having bew afforded a rapagent the Contract that promotingstong to England between

A 20 March and 10th hay last and the surov

Eighty wine

Pounds having been prands by the

• Naval Department for thes same, damn commanded

lympfords Commisioners of these taimmally to

request that this

Grace

The Pucker of Newcastle

will cause the above vim to bepard to the

saymarter General on account of Naval Services,

who has been instructed to receive the same

Kerman herwales coef

Jam for

Coronal Departinent

Your

ove obedient Servant

Call ressen

ten

lay

atro is in this Coventry.

Herniate

pay the amorech duen?

17 New Inh

Anne & st

10m N7

---

Aduty 11066 Hongkong

lente

R.b. Cay Esquire

The Oaks.

NUTE

Nonwood

Survey.

Nov!

"Halkworth, 18

MRElliot

Menvale i,ì

MPE Peel

Duke of News

22.

how/53

11066

Liv.

23 Nalo

Jown directed by

The Duke

아

Newcastle

to transmit to you

the Copy of a

Letter

from the Board of

Advivialty applying. the.

for repayment of Sum of Eighty min

pounds

account

of your passage from Hong Kong to this Country

ہوہ کا سروے

...

Country between the

28 March and 18h May last, and I

ни

аш

to desire that

you will remit this amount to the

Paymaster General

at Wrikchall

account of haval Services.

ي لسمك

Adun! 11066

Cary 11537) Whong.

Cub

The Secretary to the

Admiralty.

MINUTE

DECR

1724 Hulksworth 3

APENOF

Merivale 3

F. Peel Daked Lewens

Sir,

5. De 183

Much reference,

to your

Letter

the

15 Wiltime, I am directed

by the Duke of Newcaste to trauenit to you, for

the

the information of the Lords Comms of Admiralty copy of a Letter from Mr Robert Werridas lay reporting

that be has pard

transmitted to the

Paymaster General at

Witchall the Sum.

of 489 in repayment of

the like amount advanced

by the Admiralty Rept for his passage from Hong Kong to England between the 28 March and 18 May

last

Jambe

£89

Ans: 23 Nov / 53, et

Letter to Mr Frotter

ft with Frotter

い

11067 Strong Kong.

RECEIVED

C.O

NOV. 16

1853

Admiralty /5th Nod/853.

MNG & brotter, Clerk to the that fustier at

Honigstong having been provided with a sapaguat Entract Rates from Hongtory to England betweens

Eighty

:07 and 2012pril 1853 and the sum of

mne Founder having been pand by the Nawal

(Wepartment for the sameyam

am commanded by say

Tords form uso covers of the Admiralty to request

that this

Grace

the Duke of Naverothe will

cause the above vum to be hard to the daymaster,

General

ow account of Naval Ervices who hur

been instructed to recens the same

man Verwale Exq

Jaw Sur

Your most obedient Servant

...

Colonnal Wehurst ment

Asheville

Mer Frotteo's Address is not knoure here. He hes never reported his arrival. Informe the Admivalt, thich as soon as he reports his amiel be awill be desitial to

the

Leeve

Jeag unforge? сувай да

Annex st

Hm N

for his

alue for

Admiralty 11067. Whony

tent

The Secretary to the

Lords Comm. of the Admiralty.

T:a༢༦

NOVR

MINUTE 17h

TYR talksworth, 18

MRElliot

Merivale MEPeel

Duked News!! 22.

Sir,

23 Nov 153

In reply to your

Letter of the 15. Just,

requesting repayment. of Eighty nine prounds

advanced

by the Naval

Wept for the passage of Mr. G. A. Trotter, from these Hong Kong

to this Country between the 25th Febr

and the 20 April last. I am ducites

by the Duke of

Newenste to acquaint you for the information the hards formen. of the Admiralty,

ши

that as soon as

TW. Grotter reports

has arrival and his Off address is known

this office, he

will be desired

to repay the passage

which has

monly

been advanced on

his account.

вив

12221 trong công

Conner Papen.

Adity. 104. You 5001. Adm7.6455

Gov - 11119, with

RECEIVER

DEC.44

1853

Ademethy

23. The: 1853-

2. Dan/54-4 God 11,117

tr-Goo

In reply to your letter ofthe 28th

Withins and its enclosures in the

subject of the sum

som

-paid by M.

Willier for his passage from China

to this Country. I am commended ligningshads Commuißimes of the Admietly to acquauit you for the information of the Duke of Niveartle. that as the Pennicular Hriental Company have stated that the reduced later ofpapage

Merivale Eag

eser

1. Colonial Affice

вот

by haid leyte Stillion was the

correct amount.

myfords that the sum of £104

July 1852. it would appear to

Money from China did not incluts

Sin

сктопродо

humble Servant.

говоре

Der Kunvale.

Ive

Салам

oвo по Енеге,

It's letter to the

کروئی کے دو مورد داور

ска

cene, than

Hellie's application, but the Comfracags

пер до добут

Hary

stites lled the

reduced rates ded apply to the

Slean

of 23 of.

L.. by by which

веем

I suppon w

must contur

in the an

to thai's Creaty.

hanthaired

Shop on the part of the

Tent al

Day Long

Bm D23

Foreign Office

شدار داد

Copes of Enclose byov 3.7450

924. Đang trong Foreign Office

January 27. 1053.

FREECHIVES

JAN.29 1853

I am directed

вз

to transmit to

гри

Lord Jolene Russell

the accompanying

Copy of a hote from the Hausveriane Minister at this fount, requesting

that an exequative mag

I Frang Knoop

at Hting Kong,

орна

issued for

formb

as Hanoverian

and I am to request

that in laying, the same before the Suke of Rewrastle you

will move

thi's Grace to enfouer Lud sahur Rupell whether there is any objection to the ipue of the Exequatur in greation.

I am

Joue mash obediecit

humble servant

Wats

kell

Berman Herivale Eur

اد میں پائے ہے۔

ما

Merimle.

unny drafts of

Letter to the 7.8. and despatch to

Gouernor - as us

Applications.

-ually written

this nature

elf

The

$0.929

Ganze Bonham 132

MINUTE

To e BABELLICE MRMen cale MPETzel

Hong

1853

LANY

Dukerfi zcast 3

arijn office.

Kon

し

37467

جی

At the instance of the

Caretary of State for Foreign

Affairs Straumit to you the lofty of a

hote

frome the Hanoverian Minister at this Couch

requesting that an exequation

may be ipsed for her

ди

Franz Knoop as Hanoverian Consul ab

Hory Hong, and Share to instant you

me whether

depart to me

to Vauque office you

are aware

of any

Objection to the Confirmation=

29of this appointment by Hen Mogestin-

Ah Lord Wodehouse

MINUTE MR

929 Hong Hory.

был

Drugs Office Mybord

MRF!liot MEMerivole

MRE Peel

Bakryf News sit

185 DANY

r2b8/53

Sam divited by the

Dake of hewerstle to

acknowledge the recript

of your Sunships litter

Qultimo

of the 27 host. and to

wish you in apply for

aquaich regeraich

the enformation of Lord Sh Russell that before.

expassing any opinion "fore the propriety of iforning the Royal

Royal Exequation

ein form of de Frenz, Auth

ей

as Hanoverian Consul of

we would

Hong Hong, his Grace

wish to consult the

Gorner of the Colony

to where a Commcurcectiv

will accordingly had

44. Grosvenor Place

25. Jan. 1853.

The undersigned Emory Exhandinarez & Minister Plenipotentiary from

M. The King of Hanover, in informing Lord J. Rupell. Her Britannie Majesty's Principal Seek of Hate for Foreign Affairs, that the thing his most gracious master has appointed Mur Franz Kwork & Merchant Китора residing at Hong Kong, Hanoverian Consul for that Port has the honour to submit to Lord. J. Rupell the Patent of the recoly appointed Consuch and

Nut

request that through H. L." obliging interference the Exequator of H. Mh. The Queen may be obtained for the same.

John Russell (signed) Richmansegge

hv.13

4300 trong trọng.

ECE

IVED

APR. 13 1853

Innen Office.

ub 14.1053.

April 14.0

Therare

I am directed by the rare of bonnemat tegen, herearth, for the information -

herearths, for the Caron von B-

transmit to

an instruction.

Copy of an

of the Dake of Newcastle, a which He has addressed to Her Magertips

Plenipotentiary and theef Superintendents of Butech Trade in China, with

to an a

reference appointment of Registrar and Actuarez

conferred by the Bishop of

Victoria, Hongkong,

on the Reverend John Hobson, the Cominlar

Chaplain

-lain at Shanghai in the Dominion's of the Emperor of China.

I am, Sir,

Herman Meriväld deg.

most obedient

Colonial Office

humble servant, Alleta dine four

}

Copy

Mr. Jan 25. 1853.

(Hielmansegge

Bard

M. Menimle

communication has been made,

I presume, only fatha information of the

Office. Puffy

416 Apiel.

Im Ane 16

Сару.

No. 13

Ir 4300

Foreign Office. Afiel 14. 1833,

Sir, I have to acquauit you

that

гу

attention having heen attracted to the effomitment by the Bishop of Victoria,

Намет

Houyhory, of the Revered John Rabson,

the Consular Chaplani at Shanghai, tobe

registro and actuary for registering amarriages solemnized in Trinity Church

and all other exclesiastical acts performed

by the Clergy of the United Church of England

and Ireland at Shanghai, and to the authority purported to be

carveyed by that appointment to run. Hobson to discharge all the other usual

functions for recluastical Regestion

Lease Bacham

and

and Actuary, it affeared to me desirable

to avertain whether under the Order in Council of the 125 of May 1849 subjecting

to the jurisdiction of the Bishop of Victoria, Hayhong, all persons in Koly aders

the

United Church of England and Ireland, being within the Dominions of the Empern of third, or under the Lucen's letters Patent of the 110% of the same manther enstituting the See of Victoria, Hughing, and affording the present Bestion to be Bestick thereof, authorized to make such

the Beslish was

affonitument of Repiteas and Actuary at Shanghai in the Dominicus of the Ensers.

of China as

that which he had exfered

uper Tut. Hobson. Ievas apprehensive that suffraing the Bestick

was not authorged

to make seeshan affouitment,.

arise, now an

mememenice might

might arise

hereafter fram allowing it love main

unquestioned.

I therefore obtained from the Vicar Generals office a copy of the duceus letters patent of the 11th May 1949, and I caused that Instrument, togethero with the ordery in Conveil of Away! 1849, - the Foweyer Jurisdiction Act of 1843, - and Iur. Hobsars Affondiment of uluite a Copy was meloved inn fr

Bowrings despatch Wt 16y of November 30

1957, tobe referred to I his Adovente, Attorney, and Solicitor feneral; and deprected their of nim upon the

watten.

;

The result

that reference is that

the

unconveniente

the Bushing of Victoria, Houghing, is not, under the order in Council, axunder the Lucens Letters Patent, authorized to make such are apponitement of Regaliass And Actuary at Shanghai as that which he has emperred upon tut. Robson.

The Registrars and Actuaries to be

bey vistul.

affounited by him, by

the

ducens betters Patent; must he persons

resident within the Diocese,

and

their duties must be analogous those of such offices in English Biocene, diamely, to registen the Episcopal and Official lects of the Bestrop, anch

the judicial or formal acts of his Vican General, Official Principal, Counusstry, and camest extend to the Registration of Ecclesiastical Services,

Prites, performed

or administered

Munisters in Holy Orders, which should be

repestered by the Officiating Rennister as en England.

It further appears that meawenience may arise pan allowing this af pouitment Foremane crquestioned: and I have therefore touistruct you

intimate officially to the

gue to

Bustiop that the affouitment exferned

Jou

hum

ne duct. Nobom is legally invalid;

wile rume

the Bestion forthwith to

rooke it. Ime will tathe ease rumemen

that public notice is given at

Laughai, either by the Bishop or by S. his Consul, that the affouitment co invalid and has been revoked, but that the invalidity of such affoutment

wxte

will not affect the validity of any

marriages which

celebrated

which may have been

registered

вик Новый

Jam & (signed) Clavendar.

36'

for marriages at thanghai. Appt as Registrar & Actuary

Revoking Mr. Hobro's

To Sir Geoye

Capir

Bonhan

Aro 13.

Tonegie Office Atul 14-1853.

4087 Hong Jong

RECENT APR 30 1853

dets

Foreign Ofice.

April 29. 1858.

خدا

am directed by

by the

the Earl of

will

Aus & Oth Pay

Clarendon to request that you

state to the duke

the Law Officers of

Newcastle that

the Crown reported

in the mouth

Office in the

to this office

of August

order and

wine to the various owing to the

1857. that our

Ordinances

for

the peace,

of Her Majestys

Good Government of Her

Subjent within the dominions

The Emperor

ed in

faped

thing which had been

in thina by the Superintendent

of trade under the Authority of

the thing Lot of the 6th and

Perivale Esgle

of th

Victoria

Victoria c. 80.

Jurisdiction

the

question of

was in a state of confusion, and that it would be desirable

that a General Ordinance should be paked to settle the Jurisdiction of the Supreme Court of the Colony of Hong long and of the Consular Courts.

Advantage

was accork

accordingly tothen

of hir Korge Bonbani's presence England last year to frame.

Concert and in communication with

him the draft

draft of

such

General

was

Ordinance, and that draft & afterwards submitted to dr Travers Twis of the Civil Law Bar for

revision

revision previously to its being referred

to the Law Officers.

The draft has since the mouth

Lovember last been the

subject of

repeated correspondence between this Office and the Law Officers; and it

the course of

appearing in the

the

& discutions

that it would be more desirable that

it should be paped in the

in the shape of

an Order in Connail is

Jhaw

being

a lode

of haws for the Government of Britich dalyjects in China and complete in

instead of its bri

of its bring

itself, iristead to China to be paped

d as

transmitted

ви

Ordinance by the Chief Superintendent

with

with the advice of the legislative Council at hongkong, that form

vir

was

gwin

to it.

The

draft has articles x xv. Certa

how been settled with the Law Officers,

it provides for certain things,

but as which can

Appeals in Civil sui the beardly Supreme Court

Articles

TUAK ZA "AX

xxv. xxxir. Coloni

things, had a plane of

can now under the Ordinances

about to be repeated be done in

Hongkong, continuing to be hereafter

done under Order in

the Order will there

Council, and.

therefore

addressed to the Duke

Neweartle

as well as to Lord Clarendon

Lord Clarendon is desirous before submitting the draft for ber hajesty's

sanction, to ascertain that the

duke

confinement for Prisoners sent und sentence from

Ports.

article

frome lov

Magistrate of Hong

to take evidence certain cases.

Articles xxx.fl.

*x+1.4.- Supreme Court Certain livil and Criminal cases to have concurrent jurisdiction with Consuls.

*4411.444.

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Article XIV.

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}

Printed for the use of the Foreign Office. April 29, 1853.

Draft of an Order of Her Majesty in Council for the government of Her Majesty's subjects being within the Dominions of the Em- peror of China, or being within any ship or vessel at a distance of not more than one hundred miles from the Coast of China.

At the Court at

Preamble.

3 & 4 Wm. IV,

93.

6 & 7 Vict. c. 80.

PRESENT:

The Queen's Most Excellent Majesty in Council.

WHEREAS by an Act passed in the 3rd and 4th years of His late Majesty King William the Fourth, intituled "An Act to regulate the Trade to China and India," it was among other things enacted, that it should and might be lawful for His Majesty to appoint not exceeding three of His Majesty's subjects to be Superintendents of the Trade of His Majesty's subjects to and from the dominions of the Emperor of China; and by any Order or Orders in Council to make and issue directions and regulations touching the said trade and for the government of His Majesty's subjects within the said dominions :

And whereas by a certain other Act passed in the 6th and 7th years of Her Majesty's reign, intituled "An Act for the better government of Her Majesty's subjects resorting to China," it was among other things enacted, that it should be lawful for Her Majesty to authorize the Superintendent of the Trade of Her Majesty's subjects in China (so

[46]

long as such Superintendent should be also the Preamble. Governor of the Island of Hong-Kong) to enact, with the advice of the Legislative Council of the said Island of Hong-Kong, all such Laws and Ordinances as might from time to time be required for the peace, order, and good government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than one hundred miles from the coast of China; and that it should also be lawful for Her Majesty, by any Order or Orders in Council, to ordain, for the government of Her Majesty's subjects, being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than one hun- dred miles from the coast of China, any Law or Ordinance which to Her Majesty in Council might

seem meet:

And whereas by a certain other Act passed in the

6th and 7th years of Her Majesty's reign, inti 6 & 7 Vict. c. 94. tuled "An Act to remove doubts as to the 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,” it was among other things enacted, that it should be lawful for Her Majesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty now hath or may at any time hereafter have within any country or place out of Her Majesty's do- minions, in the same and as ample a manner as if Her Majesty had acquired such jurisdiction by the cession or conquest of territory:

And whereas by Treaty, Grant, Sufferance, or other lawful means, Her Majesty hath power and jurisdiction over British subjects within the do- minions of the Emperor of China, and the same or certain parts thereof have heretofore been exer- cised on behalf of Her Majesty by Her Majesty's Consular officers resident within the said dominions : And whereas in pursuance of the powers vested in Her Majesty by the above-recited Act of the 3rd and 4th years of His late Majesty King William the Fourth, Her Majesty was pleased, by an Order in Council passed on the 24th day of February, 1843,

to prohibit her subjects from resorting, for the pur- poses of trade and commerce, to any other ports in

the dominions of the Emperor of China than those

Preamble.

of Canton, Amoy, Foochowfoo, Ningpo, and Shang- hae, or than might be in the occupation of Her Majesty's forces:

And whereas Her Majesty was pleased, by a certain other Order in Council passed on the 2nd day of October, 1843, to order, that if any law or ordinance made in pursuance of the above-recited Act passed in the 6th and 7th years of Her Majesty's reign, intituled "An Act for the better govern- ment of Her Majesty's subjects resorting to China," should be in anywise repugnant to or at vari- ance with the above-recited Order of Her Majesty in Council of the 24th day of February, 1843, or with certain Orders passed by His late Ma- jesty King William IV, on the 9th of December, 1833, for the government and trade of His Majesty's subjects at Canton in the dominions of the Emperor of China, and for the appointment of a court of justice with criminal and Admiralty jurisdiction for the trial of offences committed by His Majesty's subjects within the said dominions and the ports and havens thereof, or on the high seas within one hundred miles from the coast of China; or with a certain other Order passed by Her Majesty on the 4th day of January, 1843, directing that the said court of justice should be holden in the Island of Hong-Kong, for the purposes aforesaid; then such law or ordinance, so long as the same should be in force, should be obeyed and observed; anything in the said recited Orders in Council contained to the contrary in anywise notwithstanding:

And whereas Her Majesty was pleased by a certain other Order in Council, passed on the 17th

day of April, 1844, to order that Her Majesty's Consuls and Vice-Consuls resident within the dominions of the Emperor of China, or such other persons as by warrant under the hand and seal of the Chief Superintendent of the Trade of Her Majesty's subjects in China for the time being should be appointed to act provisionally as Consuls or Vice-Consuls, should severally in the districts within which they might respectively be appointed to reside, have and hold all necessary power and autho- rity to exercise jurisdiction over British subjects within such districts as aforesaid, for the repression

and punishment of crimes and offences by them com- mitted within the dominions of the Emperor of China,¦

and for the arrangement and settlement of all and alf Preamble. manner of differences, contentions, suits, and vari- ances that might or should happen or arise between them or any of them; and should moreover have power and authority, as far as in them might lie, to compose and settle all and all manner of differences, contentions, suits, and variances, that might or should happen to arise between British subjects and the subjects of the Emperor of China, or between British subjects and the subjects of any foreign Power, and which might be brought before them for settlement; and Her Majesty was further pleased to order that Her Majesty's Consuls and Vice- Consuls in China, or any persons acting provision- ally as such Consuls or Vice-Consuls, should, in the exercise of the jurisdiction so granted to them, be governed by such laws and ordinances in that behalf as might be enacted with the advice of the Legislative Council of the Island of Hong-Kong, the Superintendent of the Trade of Her Majesty's subjects in China for the time being, being the Gover- nor of Hong-Kong; and Her Majesty was further pleased to appoint the Colony of Hong-Kong as the British colony, wherein crimes and offences com- mitted by British subjects within the dominions of the Emperor of China, which it might be expedient should be inquired of, tried, determined, and punished within Her Majesty's dominions, should be so inquired of, tried, determined, and punished:

And whereas in virtue of the powers conferred upon Her Majesty by the above recited Act passed in the 6th and 7th years of Her Majesty's reign, intituled "An Act for the better government of Her Majesty's subjects resorting to China," divers ordinances have, by authority of Her Majesty, from time to time been enacted by the Superintendent of the Trade of Her Majesty's subjects in China, being the Governor of the Island of Hong-Kong, with the advice of the Legislative Council of the said island;; and whereas it is expedient to consolidate and amend the same :

"'.

Ordinances.

I. Now, therefore, in pursuance of the above- Repeal of previous recited Act passed in the 3rd and 4th years of Her Majesty's reign, intituled “An Act to regulate the trade to China and India," and in pursuance of the above-recited Act passed in the 6th and 7th years of

Interpretation of

terms.

Her Majesty's reign, intituled "An Act for the better government of Her Majesty's subjects resort- ing to China," and in execution of the powers thereby in Her Majesty in Council vested, Her Majesty is pleased, with the advice of her Privy Council, to order, and doth hereby order, That from and after the first day of October next ensuing each and every Ordinance enacted as aforesaid by the Superintendent of the Trade of Her Ma- jesty's subjects in China, being the Governor of the Island of Hong-Kong, with the advice of the Legislative Council of the said island, between the 23rd day of January, 1844, and the 28th day of January, 1852, shall be and is hereby repealed: Provided always, that anything done by the Chief Superintendent or any Consul or Vice-Consul, or person duly authorized to act as such, in pursu- ance of any Ordinance so repealed previously to the first day of October next ensuing, shall have the same force and effect as if this present Order had not been passed.

II. And it is further ordered, That the term "Chief Superintendent" in this present Order shall be construed to mean the Superintendent of British Trade in China for the time being, or the person duly authorized to act as such; and the term "Consul" 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 afore- said capacities within the dominions of the Emperor of China, 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 matters 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; and that the terms "British ship or vessel," or ship or vessel under the British Flag," shall be taken and held to include any ship or vessel с

British-registered and navigated according to law, and any ship or vessel owned by a party entitled by law to be an owner of a British-registered vessel, and any ship or vessel provided with sailing-letters from the Governor of the Colony of Hong-Kong, or from the Chief Superintendent of Trade; and that the term crew" shall be taken and held to include all persons employed in navigating any ship or vessel which may be proceeded against for a breach of the provisions of the present Order.

Power granted to Chief Superinten- dent and Consuls

to enforce Treaties,

tions.

III. And it is further ordered, That the Chief Superintendent, or Consul in the port, place, or dis- trict in which he may reside, shall have full power and to establish and authority to carry into effect, and to enforce by Rules and Regula fine or imprisonment, as hereinafter provided, the observance of the stipulations of treaties now existing or which may hereafter be made between Her Majesty, her heirs and successors, and the Emperor of China, his heirs and successors, and to make, and enforce by fine or imprisonment, rules and regulations for the observance of the stipula- tions of such treaties, and for the peace, order, and good government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within any British ship or vessel at a distance of not more than one hundred miles from the coast of China, and to enforce in like manner such rules and regulations as have heretofore been made. and continue unrepealed at the time of the passing of the present Order.

IV. And it is further ordered, That all rules and regulations heretofore made and continuing unre- pealed, or to be hereafter made by the Chief Super- intendent or Consul, as aforesaid, shall forthwith be printed, and a copy of the same be affixed and kept affixed and exhibited in some conspicuous place in the public office of the said Chief Superintendent or Consul; and printed copies of the said rules and regulations shall be provided by the said Chief Superintendent or Consul, and sold at a price not exceeding one dollar for each copy, and for the purpose of convicting any person offending against the said rules and regulations, and for all other purposes of law whatsoever, a printed copy of the

Rules and Regula tions to be affixed

and exhibited in the Consular Office.

Proceedings for enforcement of Treaties and of

Rules and Regula-

tions for the

said rules and regulations, certified under the hand of the said Chief Superintendent or Consul to be a true copy thereof, shall be taken as conclusive evidence of such rules and regulations; and no penalty shall be incurred, or shall be enforced, for the breach of any such rules or regulations to be hereafter made, until the same shall have been so affixed and exhibited for one calendar month in the public office of the Consular district within which the breach of such rules or regulations shall be alleged to have been committed: P.ovided always, that no rule or regulation to be hereafter made by any of Her Majesty's Consuls, and to be enforced by a penalty, shall take effect until it has been submitted to, and approved by, the Chief Superin- tendent, and has thereupon been printed, and a copy. of the same has been affixed and exhibited as aforesaid for one calendar month in the public office of the Consular district.

V. And it is further ordered, That it shall be lawful for the Chief Superintendent or Consul as aforesaid, upon information, or upon the com- observance thereof. plaint of any party, that a British subject has violated any of the stipulations of treaties be- tween Her Majesty and the Emperor of China, or has disregarded or infringed any of the rules and regulations for the observance of the stipulations of such treaties, affixed and exhibited according to the provisions of the next preceding article of this present Order, to summon before him the accused party, and to receive evidence and examine witnesses as to the guilt or innocence of such party in regard to the offence laid to his charge; and to award such penalty of fine or imprison- ment to any party convicted of an offence against the said treaties or the said rules and regulations,

as may be specified in the said treaties or in the said rules and regulations; and any charge against a British subject for a breach of treaties, or for a breach of the rules and regulations for the observ- ance of such treaties, shall be heard and determined by the Chief Superintendent or Consul without assessors: Provided always, that in no case shall the penalty to be attached to a breach of the said rules and regulations exceed five hundred dollars, or three months' imprisonment.

VI. And it is further ordered, That any charge against a British subject for a breach of rules and regulations other than those relating to the observ- ance of treaties, shall in like manner be heard and determined by the Chief Superintendent or Consul; and in all cases in which the penalty shall not exceed two hundred dollars or one month's imprison- ment, the Chief Superintendent or Consul shall hear and determine the charge summarily without the aid of assessors; but where the penalty attached to a breach of the rules and regulations other than those relating to the observance of treaties shall amount to more than two hundred dollars or to imprisonment for more than one month, it shall be obligatory upon the Consul, but not upon the Chief Super intendent, before he shall proceed to hear the charge, to summon two British subjects of good repute residing within his district to sit with him as assessors, which assessors shall however have no authority to decide on the innocence or guilt of the party charged, or on the amount of fine or imprisonment to be awarded to him on convic- tion; but it shall rest with the Consul to decide on the guilt or innocence of the party charged, and on the amount of fine or imprisonment to be awarded to him: Provided always, that in no case shall the penalty to be attached to a breach of rules and regu- lations other than those for the observance of trea- ties exceed five hundred dollars or three months' im- prisonment; and provided further, that in the event of the said assessors or either of them dissent- ing from the conviction of the party charged, or from the penalty of fine or imprisonment awarded to him by the Consul, the Consul shall take a note of such dissent, with the grounds thereof, and shall require good and sufficient security for the appearance of the party convicted at a future time in order to undergo his sentence or receive his discharge; and the Consul shall within twenty days. report his decision, with all the particulars of the case, together with the dissent of the assessors or either of them, and the grounds thereof, to the Chief Superintendent; and the Chief Superinten- dent shall have authority to confirm, or vary, or reverse the decision of the Consul, as to him may seem fit: Provided always that if an appeal shall be entered against the decision of the

Proceedings for

enforcement of

Rules and Regula- tions other than

those for the ob-

servance of

Treaties.

זי

Revision of deci- sions of subordinate Consular Officers.

Appeals against convictions for a

breach of Treaties

or of Rules and

Regulations.

Consul, no such report shall be made to the Chief Superintendent on the ground of the dissent of the assessors or either of them, but the appeal shall be prosecuted in the manner hereinafter ordered.

VII. And it is further ordered, That in any question relating to the observance of treaties, or of rules and regulations for the observance of treaties, or of rules and regulations other than those for the observance of treaties, a report of any or every decision made by a subordinate Consular officer, with or without the aid of assessors, shall be sent in to the superior Consular officer of the district, and that on the receipt of such report, the superior Con- sular officer of such district shall proceed, without assessors, to revise such decision as to him may seem fit, and such revision shall have, for the purposes of this Order, the same effect as if the case had been originally heard and determined by such superior Consular officer with or without the aid of assessors: Provided always, that in any case in which the assessors or either of them shall dissent from the decision of a subordinate Consular officer, such decision shall not be subject to revision by the superior Consular officer, but, in the event of no appeal being entered as aforesaid, shall be submitted to the Chief Superintendent for revision in the same manner as if such decision had been made by the superior Consular officer.

VIII. And it is further ordered, That any

may seem fit, and to adjudge the expenses. of such appeal, and from whose decision there shall be no appeal; and upon notice given of such appeal, which notice must be given to the Consul in writing, signed by the party appealing, within fifteen days.

------------

ד:י---ירי

}

the Consul shall be entitled to require reasonable security from the party so appealing, which security shall in part consist of one or two sufficient sure- ties to be approved by the Consul, to the intent that if the Chief Superintendent should confirm or vary the sentence passed by the Consul, the appellant shall submit to such sentence, and likewise pay what shall be adjudged by the Chief Superintendent for expenses: Provided always, that the Consul shall forthwith report such appeal and transmit a copy of the proceedings of such trial to the Chief Superintendent, and the party appealing against the sentence of the Consul shall be required to prosecute his appeal before the Chief Superin- tendent within such time as shall be by the Consul, with the approval of the Chief Superintendent, assigned for the prosecution of such appeal; and if the party appealing shall not duly prosecute his appeal within such time as aforesaid, it shall be lawful for the Consul to enforce his sentence in the same manner as if such appeal had not been interposed.

from one Consular

IX. And it is further ordered, That if any Parties escaping party charged with an offence committed against district to another. such treaties, or such rules and regulations as aforesaid, shall escape or remove from the Consular district within which such offence was committed, and shall be found within another Consular district, it shall be lawful for the Consul within whose dis- trict such party shall be found, to proceed against him in the same manner as if the offence had been committed within such district.

any

and Chinese or the

X. And it is further ordered, That it shall be law- Consuls empowered, ful for the Consul of the district, within which the subject to appeal, to hear Civil Suits, in party sued shall be found, to hear and determine which British sub- suit of a civil nature against a British subject, jects are defendants, arising within any part of the dominions of the subjects of other Powers plaintiffs. Emperor of China, whether such suit be instituted by a subject of the Emperor of China or by a sub- ject or citizen of a foreign State in amity with Her Majesty; and if either or any party in such suit shall be dissatisfied with the decision given by such Consul, it shall be lawful for such party within. fifteen days to give to the Consul notice of appeal the Chief Superintendent; whereupon the

יזו

Consuls empowered, subject to appeal,

to hear Civil Suits in which British

subjects are plain

tiffs, and Chinese or the subjects of other Powers defendants.

Consul shall, with as little delay as possible, transmit all the documents which were produced before him and none other, together with a statement of the grounds on which he has formed his decision, to the Chief Superintendent, and shall forthwith notify to the several parties the transmission of the process; and saving the provision contained in Article XV of this Order, the Chief Super- intendent shall decide on such documents and on such statement, and shall communicate his decision to the Consul, who shall forthwith proceed to carry the same into execution; and against such decision of the Chief Superintendent there shall be no appeal: Provided always, that it shall be lawful for the Consul to require from any party appealing to the Chief Superintendent, or to the Supreme Court of the Colony of Hong-Kong in the case hereinafter mentioned, reasonable security, which shall consist in part of one or two sufficient sureties to be approved by the Consul, that such party shall abide by the decision to be given respectively by the Chief Superintendent, or by the said Supreme Court.

XI. And it is further ordered, That it shall be lawful for the Consul of the district, within which the party sued shall be found, in like manner to hear and determine any suit of a civil nature, arising within any part of the dominions of the Emperor of China, instituted by a British subject against a subject of the Emperor of China, or against a subject or citizen of a foreign State in amity with Her Majesty, provided that the defend- ant in such suit shall consent to submit to his jurisdiction and give sufficient security that he will abide by the decision of the Consul, or in case of appeal by that of the Chief Superintendent, and will pay such expenses as the Consul or Chief Superintendent shall adjudge; and if either or any party in such suit shall be dissatisfied with the decision given by such Consul, it shall be lawful for such party within fifteen days to give to the Consul rotice of appeal to the Chief Superintendent, and the proceedings in such a suit, or in an appeal arising therefrom, shall be conformable to and under the same conditions as the proceedings in a suit, or in an appeal arising therefrom, in which a British sub- ject is defendant, and a subject of the Emperor of

China, or a subject or citizen of a foreign State

in amity with Her Majesty, is plaintiff.

appeal, to hear Civil Suits between British subjects. Proviso as to appeals to the Supreme Court.

XII. And it is further ordered, That in the Consuls empower- event of any suit of a civil nature arising between ed, subject to British subjects within the dominions of the Emperor of China, it shall be lawful, upon the application of a party, for the Consul of the district, within which the party sued shall be found, to hear and determine such suit, subject to an appeal to the Chief Superintendent in any case where the sum in dispute shall not exceed one thousand dollars: and every such appeal shall be made and conducted in the same manner and form and under the same conditions as in cases in which the defendant only is a British subject: Provided always, that when the sum in dispute shall exceed one thousand dollars the appeal shall lie to the Supreme Court of the Colony of Hong-Kong, and not to the Chief Superintendent.

XIII. And it is further ordered, That it shall be Assessors in Civil lawful for any of Her Majesty's Consuls, before whom suits.

any suit whatever of a civil nature is brought for decision, to summon two, and not more than four, British subjects of good repute, residing within his district, to sit with him as assessors at the hearing of such suit and in case the sum sought to be reco- vered shall exceed five hundred dollars, such suit shall not be heard by the Consul without assessors, if within a reasonable time such assessors can be procured; and the assessors aforesaid shall have no authority to decide on the merits of such suit, but in the event of such assessors or any or either of them dissenting from the decision of the Consul, the Consul shall enter the fact of such dissent and the grounds thereof in the minutes of the proceed- ings, and in case of appeal shall transmit the same to the Chief Superintendent together with the documents relating to the suit.

suits.

XIV. And it is further ordered, That it shall be Enforcement of lawful for the Chief Superintendent or Consul to decisions in Civil enforce his decision against a British subject in a civil suit, by distress or imprisonment, in like man- ner as a decision of the Supreme Court of the Colony of Hong-Kong in a civil suit is enforced within the said Colony.

}

Cases in which

further evidence

XV. And it is further ordered, That in an appeal

may be adduced in to the Chief Superintendent from the decision of a appeals.

Consul, it shall not be open to either or any party

Examination of witnesses.

to adduce any further evidence than that which has been laid before the Consul; and that a party shall not be required to appear personally to prosecute an appeal or support a sentence: Provided always, that in all appeals from the decision of a Consul, it shall be lawful for a party to allege facts essential to the issue of the suit, which have come to his know- ledge subsequently to the decision of the Consul, and to produce evidence in support of such facts : and Provided also, that in an appeal to the Supreme Court of the Colony of Hong-Kong, it shall moreover be lawful for the said Supreme Court to admit any further legal evidence, besides that adduced before the Consul, on its being established to the satisfaction of the said Supreme Court, by oath or affidavit, that the party desiring to produce such further evidence, was ignorant of the existence of such evidence, or was taken by surprise at the hearing before the Con- sul, or was unable to produce it before the Consul, after due and reasonable diligence and exertion on his part in that behalf, or where under the circum- stances of the case, it shall appear to the said Supreme Court that further evidence ought to be received.

XVI. And it is further ordered, That the Chief Superintendent or Consul shall have power in a civil suit to examine on oath or in such form and with such ceremony as he may declare to be bind- ing on his conscience, any witness who may appear before him, and shall have power, on the appli- cation of any party in the said suit, to issue a com- pulsory order for the attendance of any person, being a British subject, who may be competent to give evidence in such suit, and any British subject having been duly served with any such compulsory order, and with a reasonable notice of the day of the hearing of such suit, upon his expenses of appearing as a witness having been paid or tendered to him by the party at whose application he shall have been ordered to attend, shall on his wilful default to appear as a witness at the hearing of such suit, be punished with a fine not exceeding one hundred dollars, or with imprisonment for a period not exceeding thirty days, at the discretion of the E

said Chief Superintendent or Consul; and

every wit- ness, being a British subject, so examined as afore- said, in case of wilful false testimony, may be con- victed of and punished for the crime of wilful and corrupt perjury.

XVII. And it is further ordered, That it shall Settlement of Suite. be lawful for the Chief Superintendent or Consul to by Agreement or

Arbitration. promote the settlement of a suit or contention by amicable agreement between the parties, and with the consent of the several parties to refer the decision of a suit or contention to one or more arbitrators, and to take security from the parties that they will be bound by the result of such reference, and the award of such arbitrator or arbitrators shall be to all intents and pur- poses deemed and taken to be a judgment or sentence of the Chief Superintendent or Consul, in such suit or contention, and shall be entered and recorded as such, and shall have the like effect and operation, and shall be enforced accordingly, and shall not be open to appeal.

XVIII. And it is further ordered, That it shall Trial of crimes and be lawful for any of Her Majesty's Consuls to offences committed by British subjects. cause to be apprehended and brought before him. any British subject who may be charged with having committed any crime or offence within the domi- nions of the Emperor of China, or within any British ship or vessel being within one hundred miles from the coast of China, or within any ship or vessel on the high seas within the same limits not being lawfully entitled to claim the protection of the flag of

any State or nation, or within any Chinese ship or vessel within the said limits: and such Consul shall thereupon proceed with all convenient speed to inquire of the same, and for such purpose and end shall have power to examine on oath, or in such form and with such ceremony as he shall declare to

be binding on his conscience, any witness who may appear before him to substantiate the charge; and shall have power to compel any person being a British subject who may be competent to give. evidence, as to the guilt or innocence of the party so charged, to appear and give evidence, and to punish the wilful default of any such person to appear and give evidence, after reasonable notice of

Cases in which

the day of the hearing of such charge, by fine or imprisonment, in like manner as provided in the Article XVI of this Order; and shall examine every such witness in the presence and hearing of the party accused, and afford the accused party all reasonable facility for cross-examining such witness; and shall cause the deposition of every such witness to be reduced to writing, and the same to be read over, and, if necessary, explained to the party accused, together with any other evidence that may have been urged against him during the course of the inquiry; and shall require such accused party to defend himself against the charge brought against him, and, if necessary, advise him of the legal effects of any voluntary confession, and shall take the evidence of any witness whom the accused party may tender to be examined in his defence; and every witness, being a British subject, so examined as aforesaid,

in case of wilful false testimony, may be convicted and punished for the crime of wilful and cor- rupt perjury: and when the case has been fully inquired of, and the innocence or guilt of the person accused established to the satisfaction of the Consul, the Consul, as the case may be, shall either discharge the party accused from custody, if satisfied of his innocence, or, pro- ceed to pass sentence on him, if satisfied of his guilt And it shall be lawful for any Consul, having inquired of, tried, and determined, in the manner aforesaid, any charge which may be brought before him, to award to the party convicted any. amount of punishment not exceeding imprisonment for one month, or a fine of two hundred dollars.

XIX. And it is further ordered, That if the Assessors are to be crime or offence whereof any person, being a

summoned on the

trial of crimes and British subject, may be accused before any of Her

offences committed

by British subjects. Majesty's Consuls as aforesaid, shall appear to such Consul to be of such a nature as, if proved, would not be adequately punished by the infliction of such punishment as aforesaid, it shall be lawful for such Consul to summon two, or not more than four, British subjects of good repute residing within' his district, to sit with him as assessors for inquiring of, trying, and determining the charge against such person; and the Consul who shall try any

董

such charge with the assistance of assessors as aforesaid, shall, if he is himself convinced of the guilt of the party accused, have power to award any amount of punishment not exceeding imprison- ment for twelve months, or a fine of one thousand dollars; and the assessors aforesaid shall have no authority to decide on the innocence or guilt of the party accused, or on the amount of punishment to be awarded to him on conviction; but in the event of the said assessors, or any or either of them, dissenting from the conviction of, or from the amount of punishment awarded to the accused party, the said assessors, or any or either of them, shall be authorized to record in the minutes of the proceedings the grounds on which the said assessors, or any or either of them, may so dissent; and the Consul shall forthwith report to Her Majesty's Chief Superintendent the fact that such dissent has been so recorded in the minutes of the proceedings, and shall as soon as possible lay before him copies of the whole of the depositions and proceedings, with the dissent of the assessor or assessors recorded thereon and it shall be lawful thereupon for Her Majesty's Chief Superintendent, by warrant under his hand and seal, addressed to the Consul by whom the case was determined, to confirm, or vary, or remit altogether, as to him may seem fit, the punishment awarded to the party accused; and such Consul shall give immediate effect to the injunction of any such warrant.

second conviction.

XX. And in order more effectually to repress Consuls may award crimes and offences on the part of British subjects deportation on within the dominions of the Emperor of China, it is further ordered, That it shall and may be lawful for any of Her Majesty's Consuls to cause any British subject who shall have been twice convicted before him of any crime or offence and punished for the same, and who after execution of the sentence of the Consul shall not be able to find good and sufficient security to the satisfaction of the Consul for his future good behaviour, to be sent out of the dominions of the Emperor of China; and to this end any such Consul as

such Consul as aforesaid shall

have power and authority, as soon as may be practicable after execution of such sentence on any second conviction, to send any such twice convicted

Consuls may in

certain cases award deportation on

first conviction.

party to the Colony of Hong-Kong, and meanwhile to detain him in custody, until a suitable opportu- nity for sending him out of the said dominions shall present itself; and any person so to be sent out of the said dominions as aforesaid shall be embarked in custody on board one of Her Majesty's vessels of war, or if there should be no such vessel of war available for such purpose, then on board any British vessel, bound to Hong-Kong, and it shall be lawful for the commander of any of Her Ma- jesty's ships of war, or of any British vessel bound to Hong-Kong, to receive any such person as afore-

said under a warrant from the Consul addressed to the Chief Magistrate of Police of the Colony of Hong Kong, and thereupon to convey him in custody to Hong-Kong, and on his arrival there to deliver him with the said warrant into the custody of the said Chief Magistrate of Police, or other officer of Her Majesty within the said Colony law- fully 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 to the common gaol of the said Colony, to be there detained in custody subject to the directions of the Chief Superintendent for any period not exceeding three months; and any such party so embarked on board any of Her Majesty's ships of war or any British vessel bound to Hong-Kong for convey- ance in custody to Hong-Kong, shall be conveyed to Hong-Kong in the same manner as if he were a distressed British subject, unless he shall be willing and able himself to defray the expenses of his

passage to Hong-Kong.

XXI. And it is further ordered, That in any case in which any British subject shall be accused before

any

of Her Majesty's Consuls of the crime of arson, or house-breaking, or cutting and maiming, or stab- bing, or wounding, or assault endangering life, or of causing any bodily injury dangerous to life, the proceedings before the Consul shall be carried on with the aid of assessors convened in the manner aforesaid; and it shall be lawful for the Consul, if to him it shall seem fit, to order that any person convicted before him of any of the crimes aforesaid, shall, over and above any fine or imprisonment F

which may be awarded to such person, be sent out of the dominions of the Emperor of China and to the Colony of Hong Kong in the manner pointed out in the next preceding Article of this Order, notwithstanding the crime laid to the charge of such person may be the first of which he has been convicted before the Consul.

XXII. And it is further ordered, That it shall be lawful for any of Her Majesty's Con- suls within the dominions of the Emperor of China, upon information laid before him by one or more credible witnesses that there is reasonable ground to apprehend that any British subject is about to commit a breach of the public peace, to cause such British subject to be brought before him, and to require such British subject to give sufficient security to keep the peace; and in the event of any British subject being convicted of and punished for a breach of the peace, to cause such British subject after he shall have undergone the punishment which may have been awarded to him by the Consul, to find security for his good beha- viour; and in the event of any British subject who may be required as aforesaid to give sufficient security to keep the peace, or to find security for his good behaviour, being unable or wilfully omitting to do so, then and in that case it shall be lawful for Her Majesty's Consul to send such British subject out of the dominions of the Emperor of China and to the Colony of Hong-Kong in the manner pointed out in Article XX of this Order.

XXIII. And it is further Ordered, That in all cases in which a British subject shall have been sent out of the dominions of the Emperor of China to the Colony of Hong-Kong as provided in Articles XX, XXI, and XXII of this Order, the Consul sending him out shall forthwith report such act of deportation with the grounds of his decision to Her Majesty's Chief Superintendent; and on the arrival of such person at Hong-Kong, after the sentence of the Consul shall have been duly exe- cuted, it shall be lawful for the Chief Superintendent to send him to England; and a party so to be sent to England by the Chief Superintendent

Consuls may re- quire British sub

jects to give secu- rity to keep the

deace.

Revision of sen-

tences of subordi- nate Consular

officers in Criminal proceedings.

Persons sentenced

by Her Majesty's Consuls may be :-

may be embarked and conveyed to England in the manner provided in Article XX of this Order with regard to the embarkation and conveyance of such party to the Colony of Hong-Kong: Provided always, that if the Chief Superintendent shall con- sider that any such act of deportation inflicts upon the party a severer punishment than his offence has deserved, it shall be lawful for the Chief Superin- tendent to vary or remit such punishment, as to him shall seem fit.

XXIV. And it is further ordered, That a report of every sentence passed by a subordi- nate Consular officer in the matters referred to in Articles XVIII, XIX, XX, XXI, and XXII, of this Order, and awarding a fine exceeding twenty dollars, or, imprisonment for more than ten days, shall be sent in to the superior Consular officer of the district, and on the receipt of such report, such superior Consular officer shall proceed without assessors to revise such sentence as to him may seem fit; and if the sentence should have been pronounced by the subordinate Consular officer without assessors or with the concurrence of assessors, then the decision pronounced by the superior Consular officer on revision of the proceed- ings shall be final; but if the sentence of the sub- ordinate Consular officer shall have been pronounced with dissent on the part of the assessors or of any or either of them, then the superior Consular officer shall not proceed to revise such sentence, but shall submit the whole proceedings to the Chief Superintendent in the same manner as if the case had been originally heard and decided by the superior Consular officer with dissent on the part of the assessors or of any or either of them.

XXV. And it is further ordered, That it shall be lawful for any of Her Majesty's Consuls to send sent to Hong-Kong any person sentenced to imprisonment under this for imprisonment.

Order at any time, while such sentence of im- prisonment is in course of execution, to the Colony of Hong-Kong in any of Her Majesty's ships of war, or in any British vessel, to undergo his term of imprisonment in the common gaol of the said colony and it shall be lawful for

the Commander of any of Her Majesty's ships of war, or of any British vessel, to receive any such person on board, with a copy of such sentence and a warrant from the Consul for its due execution, addressed to the Chief Magistrate of Police of the said colony, and thereupon to convey him in custody to Hong-Kong, and on his arrival there, to deliver him with the said copy of such sentence and warrant into the custody of the said Chief Magistrate of Police, or other Officer of Her Majesty within the said Colony lawfully acting as such, who on the receipt of the said warrant, and of the person therein named, shall be authorized to commit, and shall commit such person to the common gaol of the said colony, and such sentence shall be enforced to execution in the said common gaol, in the same manner as if the sentence had been awarded by the Supreme Court of the Colony of Hong- Kong.

in cases of Assault.

XXVI. And it is further ordered, That in cases Consuls may pro-

mote reconciliation of assault it shall be lawful for the Consul before whom complaint is made, to promote reconciliation between the parties, and to suffer compensation and amends to be made, and the proceedings thereby to be stayed.

misdemeanours.

XXVII. And it is further ordered, That save and Definition of crimes except as regards offences committed by British and offences and subjects against the stipulations of Treaties between Her Majesty and the Emperor of China, or against rules and regulations for the observance of the stipulations of such Treaties, duly affixed and exhibited according to the provisions of Article IV of this Order, or against rules and regulations for the peace, order, and good government of Her Majesty's subjects, being within the dominions of the Emperor of China, or being within any British ship or vessel at a distance of not more than one hundred miles from the coast of China, duly affixed and exhibited as aforesaid, and save and ex- cept as regards the offence of engaging in trade declared by Article XXXIV of this Order to be unlawful, no act done by a British sub- ject being within the dominions of the Emperor of China, or being within any ship or vessel at a

up of

pro-

Minutes to be drawn ceedings before Consuls.

Chief Superinten- dent to have the same jurisdiction as Consuls in regard to breaches of Treaties and breaches of Rules and Regulations, and in regard to

crimes and offences.

Manner in which

he is to proceed in

such cases.

distance of not more than one hundred miles from the coast of China shall, by the Chief Superintendent or by any of Her Majesty's Consuls, be deemed and taken to be a crime, or misdemeanour, or offence, rendering the person committing it amenable to punishment, which, if done within that part of Her Majesty's dominions called England, would not by a court of justice having criminal jurisdiction in England, have been deemed and taken to be a crime, or misdemeanour, or offence, rendering the person so committing it amenable to punishment.

XXVIII. And it is further ordered, That a minute of the proceedings in every case heard and determined before a Consul in pursuance of this Order, shall be drawn up and be signed by the Consul, and shall, in cases where assessors are pre- sent, be open for the inspection of such assessors, and for their signature, if they shall therein concur; and such minute, together with the depositions of the witnesses, shall be preserved in the public office of the said Consul, and a copy of every such minute and of such depositions shall, if the Chief Superintendent shall see fit to require them, be transmitted by the Consul to the said Chief Super- intendent.

XXIX. And it is further ordered, That the Chief Superintendent shall have the same power and jurisdiction in regard to breaches of treaties, and breaches of rules and regulations, and in regard to crimes and offences committed by British subjects, as are granted to Her Majesty's Consuls by the provisions of this present Order; and if any person charged with an offence against any such treaties, or against any such rules and regulations, or with any crime or offence committed within the dominions of the Emperor of China, or within any British ship or vessel within one hundred miles from the coast of China, or within any ship or vessel on the high seas within the said limits not being lawfully entitled to claim the protection of the flag of any state or nation, or within any Chinese ship or vessel within the said limits, shall escape to, or be found within the Colony of Hong-Kong, it shall be lawful for the Chief Magistrate of Police of the said colony for the time being, or other G

officer of Her Majesty within the said colony law- fully acting as such, and he is hereby required, on a requisition addressed to him by the Chief Super- intendent under his hand and seal, to cause such person to be apprehended and brought before him the said Chief Magistrate or other officer; and the said Chief Magistrate or other officer on such person being brought before him, shall proceed to inquire into the offence laid to the charge of such person, in the same manner as if such person was charged with having committed an offence within the Colony of Hong-Kong, and the said Chief Magistrate or other officer having so inquired, shall report the result of such inquiry to the Chief Superintendent, and shall forthwith transmit to him the depositions with all the documents or other proofs which have been made or produced before him against or in behalf of the person so charged, and shall meanwhile detain the person so charged in custody or hold him to bail, and the Chief Superintendent shall thereupon direct the person so charged to be discharged, or shall proceed to award to such person the punishment to which he may be liable under the provisions of this Order, in the same manner as if the case had been originally inquired of, tried, and determined by the Chief Superintendent; and the decision of the Chief Superintendent in every such case shall be final; and any sentence of imprisonment awarded by the Chief Superintendent shall be enforced to execution in the common gaol of the Colony of Hong-Kong, in the same manner as if the sentence had been awarded by the Supreme Court of the said colony: Provided always, that the Chief Super- intendent may, if he deems it advisable for the better decision of such cases, call in the assist- ance of two or more assessors, who, however, shall only have power to advise, but shall not have power to decide: and provided further, that the said Chief Magistrate of Police of the Colony of Hong-Kong, or any person lawfully acting on his behalf, or under his authority, shall not be liable to any action for damages in consequence of proceed- ings taken by him in pursuance of any requisition addressed as aforesaid by the Chief Superintendent to the said Chief Magistrate.

;

Carte

Supreme Court to have, in certain criminal matters,

concurrent jurisdic

tion with the Chief Superintendent or Consul.

Prisoners may be

sent to Hong-Kong from the ports of China for trial

XXX. And it is further ordered, that save and except as regards offences committed by British subjects against the stipulations of Treaties between Her Majesty and the Emperor of China, or against rules and regulations for the observance of the stipulations of such Treaties, duly affixed and exhi- bited according to the provisions of Article IV of this Order, or against rules and regulations for the peace, order, and good government of Her Majesty's subjects, being within the dominions of the Emperor of China, or being within any British ship or vessel at a distance of not more than one hundred miles from the coast of China, duly affixed and exhibited as aforesaid, and save and except as regards the offence of engaging in trade declared by Article XXXIV of this Order to be unlawful, which offences shall be enquired of, tried, determined, and punished, in the manner hereinbefore and by Article XXXIV of this Order provided, and not otherwise, the Supreme Court of the Colony of Hong-Kong shall have and may exercise, concurrently with the said Chief Superintendent or Consul, authority and juris- diction in regard to all crimes and offences, com- mitted by British subjects being within the dominions of the Emperor of China, and the ports and havens thereof, or on the high seas, within any ship or vessel at a distance of not more than one hundred miles from the coast of China, in the same and as ample a manner as if such crimes and offences had been committed within the Colony of Hong-Kong: Provided always, that the Supreme Court shall not be bound, unless in a fit case it shall deem it right so to do, by writ of certiorari or otherwise, to debar or prohibit the Chief Superintendent or Consul from taking cognizance, pursuant to the provi- sions of Articles XVIII, XIX, XX, XXI, and XXII, of this Order, of any crime, or misde- meanour, or offence, committed by a British subject, being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than one hundred miles from the coast of China.

XXXI. And it is further ordered, That it shall be lawful for the Chief Superintendent or Consul, to cause any British subject charged with before the Supreme the commission of any crime or offence the cogni-

Court.

zance whereof may at any time appertain to him, to be sent, in any of Her Majesty's ships of war, or in any British vessel, to the Colony of Hong-Kong, for trial before the Supreme Court of the said colony; and it shall be lawful for the commander of any of Her Majesty's ships of war or of any British vessel to receive any such person on board, with a warrant from the said Chief Superintendent or Consul, addressed to the Chief Magistrate of Police of the said colony, and thereupon to convey him in custody to Hong-Kong, and on his arrival there to deliver him, with the said warrant, into the custody of the said Chief Magistrate of Police, or other officer of Her Majesty within the said colony law- fully 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 colony, and it shall be lawful for the keeper of the said common gaol to cause such party to be de- tained in safe and proper custody, and to be pro- duced upon the order of the said Supreme Court and the Supreme Court at the sessions to be next holden shall proceed to hear aud determine the charge against such party in the same manner as if the crime, with which he may be charged, had been committed within the Colony of Hong-Kong.

in 6 & 7 Vict., regard to prisoners.

c. 94, to be ob- prisoners to Hong- served in sending

Kong for trial.

XXXII. And it is further ordered, That the Provisions with Chief Superintendent or Consul, on any occasion of sending a prisoner to Hong-Kong for trial, shall observe the provisions made with regard to pri- soners sent for trial to a British colony in an Act passed in the 6th and 7th years of Her Majesty's reign, intituled "An Act to remove doubts as to the 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 Supreme Court to Supreme Court of the Colony of Hong-Kong shall have concurrent have and may exercise, concurrently with the Chief the Chief Superin-

jurisdiction with Superintendent or Consul, authority and jurisdiction in civil suits

tendent or Consul in regard to all suits of a civil nature between between British British subjects arising within any part of the Proviso as to suits

subjects. dominions of the Emperor of China; Provided against Chief

Superintendent or

Consul.

Trade of British subjects to the northward of 32nd degree North lati- tude unlawful and punishable.

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 of certiorari or otherwise, to debar or prohibit the Chief Superintendent or Consul from hearing 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 Chief Superintendent or Consul in any such matter.

XXXIV. And it is further ordered, That all trade whatsoever of Her Majesty's subjects in, to, or from any part of the coast of China to the north- ward of the thirty-second degree of north latitude, shall be unlawful; and each and every party engaged in such trade, as principal, agent, shipowner, ship- master, or supercargo, shall be liable to be appre- hended by any of Her Majesty's Consuls, and shall be sent by him to Hong-Kong in any of Her Majesty's ships of war or in any British vessel, for trial before the Chief Superintendent, and it shall be lawful for the Commander of any of Her Majesty's ships of war or of any British vessel, to receive any such party on board under a warrant from the said Consul addressed to the Chief Magistrate of Police of the Colony of Hong-Kong, and thereupon to convey him in custody to Hong-Kong, and on his arrival there to deliver him, with the said warrant, into the custody of the said Chief Magistrate of Police, or other officer of Her Majesty within the said colony 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 colony, 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 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 Superintendent 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

"C:

as if the sentence had been awarded by the Supreme

Court of the Colony of Hong-Kong.

XXXV. And it is further ordered, That it shall Vessels and persons be lawful for any of the Commanders of Her engaged in

unlawful trade may

be seized and sent

for trial before the

Chief Superinten-

Majesty's ships, or any other officer duly autho- rized in that behalf, to seize any ship or vessel under the British flag which may reasonably be dent. 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 Hong-Kong, 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 Chief Superinten- dent shall have tried and determined the charges which may be brought against them, or any of them, of having been engaged in such unlawful trade.

Fines and Penal- ties.

XXXVI. And it is further ordered, That all Enforcement of 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,

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 defraying 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 Super- intendent or Consul, and it shall be lawful for the said Chief Superintendent 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,,

Chief Superinten- dent may establish Regulations for Expenses of Wit- nesses, and also

Rules of Practice,

Rates of Fees,

in civil suits.

Manner in which

Fees, Penalties, Fines, and For- feitures are to be appropriated.

Consuls may grant Probate, &c., and administer to

Intestate Estates.

kept.

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.

XXXVIII. And it is further ordered, That all fees, penalties, 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 in diminution of the public expenditure on account of the Superintendence and Control 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 mentioned.

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 administra- tion to the intestate estate of a British subject deceased and leaving property within the limits of the district within which such Consul shall exercise authority; 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 de- ceased 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.

XL. And it is further ordered, That a register shall be kept by each and every of Her Majesty's Consuls, of all British subjects residing within the ports, places, or districts of China within his jurisdiction, and that every British subject now residing within the dominions of the Emperor of China who shall not be already enrolled in any such Consular register, shall within a reasonable time after the promulgation of this Order, to be specified in a notice to be affixed and publicly exhibited in the Consular Office, apply to the Consul of the district to be enrolled in such register; and every British subject who may arrive within the said dominions, save and except any British subject who may be

borne on the muster-roll of any British ship arriving in a port of China, shall within a reasonable time after his arrival, to be specified as afore- said, apply to the Consul of the district 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 be able to excuse, to the satisfaction of the said Consul, such his refusal or neglect, shall not be entitled to be recognized or protected as a British subject in any difficulties or suits whatsoever, in which he may have been involved within the dominions of the Emperor of China within the time during which he shall not have been so enrolled

Consuls may ex-

ercise the powers

any Im-

of Justices of the

Peace for enforce-

ment of provisions

XLI. And it is further ordered, That the Con- sul within his Consular district may exercise of the powers which by any Acts of the perial Parliament now enacted or hereafter to be of Acts of Parlia enacted for the regulation of merchant seamen, or ment relating to for the regulation of the mercantile marine, may be cantile Marine. exercised by one or more justices of the peace within Her Majesty's dominions..

Seamen and Mer-

XLII. And it is further ordered, That nothing Consuls in China in this Order contained shall be taken or construed may perform all

acts which may

to preclude a British Consul within the dominions be performed by

British Consule

of the Emperor of China from performing any act elsewhere. of administration, or jurisdiction, or other act, which British Consuls within other States at amity with Her Majesty are by law, usage, or sufferance enabled to perform.

XLIII. And it is further ordered, That it shall be lawful for the Chief Superintendent or Consul to execute a writ of the Supreme Court of the Colony of Hong-Kong, and take security from each and every party named in such writ for his appearance in person or by his attorney at Hong-Kong, and in default of such security, to send such party to Hong-Kong, in the manner pointed out in Article XXX of this Order; Provided always, that the Chief Superintendent or Consul shall not be liable to an action for the escape of any party captured under any such writ.

Chief Super- intendent or Consul may execute Writs issued of Hong-Kong. by Supreme Court

Limitation of actions.

Supreme Court of Hong-Kong may take cognizance of

offences committed

by British subjects

within the Penin- sula of Macao.

Provisions of the present Order to

have force though repugnant to those

of former Orders,

Provisions as to Ordinances here-

after made by Chief Superintendent.

XLIV. And it is further ordered, That suit

any or action brought against the Chief Superintendent or Consul in the said Supreme Court, by reason of 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 prose- cuted within six months after he shall have been within the jurisdiction of the said Court, and not otherwise, and the defendant in every such action or suit shall be entitled to the benefit of the provi- sions made with respect to defendants in actions or suits, in an Act passed in the 6th and 7th years of Her Majesty, intituled "An Act to remove doubts as to the 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."

XLV. And it is further ordered, That the Supreme Court of the Colony of Hong-Kong shall have power

to take cognizance of offences committed by British subjects within the Peninsula of Macao, and of suits originating there, when the party offending, or the party sued shall come or be found within its jurisdic- tion;

but it shall not have power to issue any warrant or writ to be executed or served within the

Peninsula of Macao.

XLVI. And it is further ordered, That if any pro- vision of any Article of this Order shall be in any wise repugnant to, or at variance with, certain Orders passed by his late Majesty King William IV, on the 9th day of December, 1833, or certain Orders passed by Her Majesty on the 4th day of January, 1843, and on the 24th day of February, 1843, and on the 2nd day of October, 1843, and on the 17th day of April, 1844, or any of them, then such provision of such Article of this Order, so long as the same shall be in force, shall be obeyed and observed; anything in the said recited Orders in Council contained to the contrary in wise notwithstanding.

any

XLVII. And it is further ordered, That if any law or ordinance hereafter made in pursuance of the Act of the 6th and 7th years of Her Majesty's reign, intituled "An Act for the better Government of Her

Majesty's subjects resorting to China," shall be in

any

wise repugnant to or at variance with any of the provisions of this present Order of Her Majesty in Council, then such law or ordinance, so long as the same shall be in force, shall be obeyed and observed; anything in this Order contained to the contrary in any wise notwithstanding.

And the Right Honourable the Earl of Clarendon and His Grace the Duke of Newcastle, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein, as to them may respectively appertain.

Gov.

ustricked 23 Sept

53.

as / may bc; who

18/03

G2bg Hong Kong

RECEIVED

SEP 19

1853

Foreign Office.

September 16. 1853.

I am directed by the Earl of Clarendon to transmit byou the Accompanying copy of a letter from Mr. Colquhoun, Ageat and consul General of the Hause Towns, requesting an Exequatur in favor of Mr. Edward Reimers as Consul for Hamburg at Hongkong, and Jave to request that in laying the same before the duke of newcastle, you will move His Grace binform the Earl of Clarendon whether there would be any objection to the issue of this exequatur.

I am, Sir.

man Merivale hgt

your most obedient,

humble servant,

Alle badington

the said Island. the advice of the Legislative Council of being the Governor of Hong-Kong, with tendent of British Trade in China, heretofore enacted by the Superin- and Amend the several Ordinances Draft Order in Council to ConsolidateM. Merimle

legrine of the Governor if

There is

arry

dijcation

with this application, & infor

to complejong

the 7.0 ofthie

laten.

Annex

го

19 App

}

Coverver

9259 Hory Hory

lis Ges: Bonbere

N°30

1855

*PR

MINUTE 17 Brp R

Wh. Jaelis

12/

Merivate 4/ 'TRE' Pect Duke Nema 23.

M.M

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25 Sept 753

Ilian mich to

to you

the

from the

Copy of a letter from

Ageuh and Consul General of the Hanse Towns requesting

exequitur in fair of

Per Edward Summers, as Consul

for Kamburg at Hory long,

and There to instruct

to me whither

to report to me

f you

you

are aware of our objection t

the confirmation of

this Gentleman's appoint :

Mench

Trend by Her Persipetty

严

Ente

7. A. Bedding For Love

مصر

MINUTE

MREILA

B®Monvale

MRE Pect

Dukey Neurusi

853

12/

23.

9269

giờ giảng những

27th Sept 753

With reference to your

letter of the 16th much d

ani

dirited by the Duke of Revcastle to acquaint you,

for

the information of the Earl of Clarendon, that before

expressing any opinion. propriety of issuing

the

one

the

Royal Excquation in favor of

Her Exund Reimers, as

Eduard

Consul.

for Hamburg of Hong Kong,

his Grace would wish to

Consulh the Gomous

Jourrior of the Colony to whom a reference will accordingly

be made

*22

Ent

Gavr. 1105. Henry Hary

Hill. Addington Ge

AINUTE

MRE Not

MBMorrie

RF Peel

Duked Newcas

Mr. Su

1854 i FEB!

13 Jebli24.

With reference to my

litter

of the 27. of Seppe lost Save chicited by the Duke of

Recensate to acquaint you he

the suformation of the Carl of Clarendon that his Grace hes are bection to offer to the confirmation of the

appointments of Mr Eduard

Coresal for

Permiss as

Shembary of they Hong. Share

bay

In9 269/50

September 8. 1857.

My Lord,

I have the nonom to

Comusmit a Commission from the Senate

of Hamburg in favour of Mr Edward Reimers as

as their Comb at Hong Kong

and have to solicit your Lordship to

Cause

ушед

the usual Exequatur to be

to enable him to act in that

character at Hong Kong There he is

resident.

Я кеше я

(signed, I Colquhom

The Earl of

Clascades

严

Ansid

22 Nov

Enclosures returned

Pir

10818 trong đang

RECEIVED

NOV. 7 1853

Foreign office

November 4the 1853.

I am directed by the Earb of

(larendon to transmit b you,

be laid before the duke of

各

Bonhamburg 17/55 eweastle, a way of wo despatik

from

mity bet $1/55 Briller Sep. 20/65. Charlton

1 Dec = /51.

We Baker bech 1/4

W: Limpeon beck /08.

bir porge Bonham,

respecting the tillos offent "Britain to the possession of the

Bouis Selande.

Jam ale & inclavat

али

also me

the same time a collection

of documents relating to this question, and I am to

J. Merivale Repe

Request

Request that

you

Grace to

will move

His freier & favour Lord facenda.

observations he

may

the matter.

wit

any

have to make ou

I have to

b that

& request

You will have the jordnest

to return to this department the papers

now melovech.

I am, Sir,

Merivale. This is the first time It heard of the Bonin Glands- which seem milored Accounts to be undoubtedly.

a British #ofession.

Your mont & berbent montobedients humble

ble Lervent

The annex

you

this inform

regsine You

not enough.

hyr see

More can

what

procured. Pitis Nos

W Patter

hie

you

autu

65.

of any corespondrace

which has eno reached this offre respecting

Me" Bonin Islands" in the NW. Pacific?

An Merivale

The

Mm Na

10 april 1884 with the answers are the only papers accounts anying letter from Mottavas I can find on the subject of the Bruin Bands

LMP.

This is rather cucions - It seems clear

The the island rempied by do Stavero in 1834 in the same "Peeli Siland" to Whit

inference is made

in there paper, get

is no notice Daken letter of Oct. 1844 or

this occupation in do

There

or in any other

of the Mr: Office Numents (as far as i sanace ) I infer that do staveis spemlation pond abative & be abansmer B25

island...

Communicate this do conciper 4

th 7.0. adding that no schepentinform

ん

Zas reacheden. Ichuld be disposed

to add that the J. of Newcastle is aussie

of no public intenst involved in the question which shared with it desirable to assert the right auquired by lafil. Beeching's taking Lofesion in

this is a

1827. Rul. question for his fraces considuation,

Am N 10

Johen the question offable

привел

Satuers to to Clarendon

Send. The documents without comment

14.

}

F.C. 10818 Harry Hong

H... Addington love f

MINUTE /4

1971 Jades MaElliot M®Merivale

NOVR

MRE Peel

Duke of Newcast?

Act 22 Nov

11405

22 hoy 13

With reference to your

letter of the 4t huch

respecting

the title of

Greck Britain to the """ Grossesion of the Bonin & Klands, Sam directed by the Duke of hewersite to transmil to you for the enformation of the Earl of Clarendon Copies

Arslances 10 April (54 C.C. 16 Ant/34

of a Correspondence the Cow subjech between thus Department and aber Kane's Slevers, who,

е дела year 1834, einstud

sin the

ей

to estethisch a small

Colony

en eru

of the

Solands, and Sam to

add this no subrequent

Information has reached

this office.

Shere

fir

1405 Hong Jong

RECEIVED

NOV. 26

1853

-ough office.

houmber 22. 1853,

with reference to your

Letter of the

MO. 10,818 22? Justant, I am directed by the Carl

to you, for

ollarendon to transmit to you

information of

Cover of

the Duke of Newcastle,

Her

the

an Instruction which kir Kondzlich

has addressed to his forge Bonham, with

reference

to aut

any

proceedings

on the part

of Subjects of Foreign Countries indicating

an intention to form a settlement in the Bonin Islands;

I am.

Jour most obedient

surable servant

Wodehaute

Merivale Sagre

love

egy

2.175.

Ju11408/53 Forrige Spice.

November 24.1853.

by desperch 1972. of the 7th of October in which you

were furnished with

Instructions as to the reported setterment

make

Americans on the Bonin

Islands, was written before the receipt

グリ

of four "Lefarett " Dupach of the 17th of

August last, in which you report the

togau

on the

communication nade to gawe subject by Commodore Perry, of the

4. States Expedition to Japan.

Inow melose, for your informaction

lover of ae despatcts from Asus Minister ot washington, containing Commotore Perry's account of these Islands. I Bonham

also

Mr Muviale

The et offratch apperers The I. I do not ock.

V. le sent for information only For any expire for on

of opinion. Put by.

Am. 126

#26

also inclose a collection of Papers as

rotect

牛

1.dest in the margin giving all the

information which Authent scope on

the subject.

From these Pepers it appears and the

Corement

Consul Charlton bes5 )5)

J. Miller - Lafe: In Baker Mt.18) Admuretty Dec:5

Bonin Islands form undezvous for Whaling Vespels, and in the Event of the trade bring qued with Jahan,

opened

would form a good station for Vepels engaged in

that trade; & Commodore вишавте

Perry explains the careful survey of the

Islands made leshim et arising from

his conviction that

useful

They with eventually

Post for repels trading

between China and the westers Coast

of America

On the other hand

Beng W.

far as the papers

and as far

pepers now inclosed

are concerned, there is no reason to expect

илер

it to merease unless it shall be formed into a settlement by America or great

Britain, and

gone will ace

from those

Papers that the few setters on tho Islands are completity at the mercy filtre Parties of disorderly seamen occasionally discharged at the decand from whaling thicks, es well as expract exposed A more spertnatre act of piracy. on the part of Vespele trasing in those

Leas

There seems tobe no doubt that the Islands were taken popsession of

name of the British brown

the population

on the Islands is small

in the name

and

in the year 1827; and as

Jou

will

zee

fee,

hov: 22

see by the letter from the Colonial

f which I miclose.

I miclose a Coper herewith, a

gwhich

desire was raporeped in 1834 40

by Perties in this country to form a settlement

on these Islands, but owing to the Eslands being placed out of the reach.

othe of ordinary opittance from the distich fout, the Secretary of State for the Colonial dept was unable to hold out to the Parties proposing to settle

in the Islands any prospect of protection

kuder these arenmstances it will

your duty to watet ang peraending

be your duty to

to fother nations which:

of the cubjects fother

might indicate an intention to

former

fore-a permanent settlement on

theso Islands

Дали

(Zyysed) Aarandon.

}

lover To tir 8. Bonham

e97

20. Nov: 24. 1853

}

Council Office

Council

Office

800

Copy of Water belyor. 2860p/25.

-31

bry & Hong Kong

RECEIVED

JUNE 15 1853

Council Office, Whitehall,

14. Jime 10

1853

Sir,

I am directed by the Lord President of the

Council to transmit la

you

the enclosed Order of Her Majesty

in Council of the 13th mistant for the fovernment of

Ster

Majskje bubjects being within the Dominions

of the hemperor of China, or being within any this

Veppel

at a distance of sot

miles from the Court of China,

than one hundred

and I am to request that will be pleased to lay

you

the

same

before the Secretary of State for the Colonial Department.

I am,

Sir,

Your most obedient Servant.

Mr Bathurst

The Under Secretary of State,

&c.

TRAR

74This Order sout

I presume

M. Merinde

der procedez from the Tirige Offia, most to the Gouna y Money Rong by The Secretary of State frother Celeries

I saw this art

in craft. but cannot

No Blackwood

mother whathen it came

тас

Nicially

privately?

Ат

Janney the

な

•15 Janua

зайне

seat

officially by the Tange Office – which dept I find

Pachakr

In enquiry, intends to send the 'brder to their Officer – the Superintendant of 3

the

therefore a

Trade.

ought not properly to kannat the Ader to thee Governa, ait has not originated with this dept & ave might bey sender; it be regarded responsible for its contents _How: Scunt think it wont do much harm to ABB. 17 Jame send it " for information".

This scarcely tears reuhany, Superintendent bing also forums. Better

lean is to the F. office, and put by?

Hm June 17

20.

Council Office br78 Hongkong

Enteres

Beschere for

NUTE

852

SEPR

کے منصور

MREILOE

MBMen cate

16F Peet

Duke of Newcas!! 28.

The Foreign Office

have

Velieve suggested that

tis Ader should be

lent to the Goon?

Staus mil for your

anformation and guidance

the accompany uns Copy of

au boter of the Lucen en Council In the Goverment of t. Mis : Subjects bring wither the Dominious of

The Empern of Chine, on bing

beithir

any

Ship.

Eiffel at a stonde distanc

of Noh more then one hundred miles from the

Coast of China.

There

Iu6178/50 77

Órder of Her Majesty in Council for

the government of Her Majesty's subjects being within the Domi- nions of the Emperor of China, or being within any ship or vessel at a distance of not more than one hundred miles from the Coast of China.

Preamble.

3 & 4 Wm. IV, c. 93.

6 & 7 Vict. c. 80.

At the Court at Buckingham Palace, the 13th day of June, 1853.

PRESENT:

The Queen's Most Excellent Majesty in Council.

WHEREAS by an Act passed in the 3rd and 4th years of the reign of His late Majesty King William the Fourth, intituled "An Act to regulate the Trade to China and India,” it was among other things enacted, that it should and might be lawful for His Majesty to appoint not exceeding three of His Majesty's subjects to be Superintendents of the Trade of His Majesty's subjects to and from the dominions of the Emperor of China; and by any Order or Orders in Council to make and issue directions and regulations touching the said trade and for the government of His Majesty's subjects within the said dominions:

[46]

seem meet:

And whereas by a certain other Act passed in the

6th and 7th years of Her Majesty's reign, inti- 6 & 7 Vict. c. 94- tuled "An Act to remove doubts as to the 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," it was among other things enacted, that it should be lawful for Her Majesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty now hath or may at any time hereafter have within. any country or place out of Her Majesty's do- minions, in the same and as ample a manner as if Her Majesty had acquired such jurisdiction by the cession or conquest of territory:

And whereas in pursuance of the powers vested. in Her Majesty by the above-recited Act of the 3rd and 4th years of the reign of His late Majesty King William the Fourth, Her Majesty was pleased, by an Order in Council passed on the 24th day of February, 1843, to prohibit her subjects from resorting, for the purposes of trade and commerce, to any other ports in the dominions of the Emperor

Preamble.

of China than those of Canton, Amoy, Foochowfoo, Ningpo, and Shanghae, or than might be in the occupation of Her Majesty's forces:

any

law or

And whereas Her Majesty was pleased, by a certain other Order in Council passed on the 2nd day of October, 1843, to order, that if ordinance made in pursuance of the above-recited Act passed in the 6th and 7th years of Her Majesty's reign, intituled "An Act for the better govern- ment of Her Majesty's subjects resorting to China," should be in anywise repugnant to or at vari- ance with the above-recited Order of Her Majesty in Council of the 24th day of February, 1843, or with certain Orders passed by His late Ma- jesty King William IV, on the 9th of December, 1833, for the government and trade of His Majesty's subjects at Canton in the dominions of the Emperor of China, and for the appointment of a court of justice with criminal and Admiralty jurisdiction for the trial of offences committed by His Majesty's subjects within the said dominions and the ports and havens thereof, or on the high seas within one hundred miles from the coast of China; or with a certain other Order passed by Her Majesty on the 4th day of January, 1843, directing that the said court of justice should be holden in the Island of Hong-Kong, for the purposes aforesaid; then such law or ordinance, so long as the same should be in force, should be obeyed and observed; anything in the said recited Orders in Council contained to the contrary in anywise notwithstanding :

And whereas Her Majesty was pleased by a certain other Order in Council, passed on the 17th. day of April, 1844, to order that Her Majesty's Consuls and Vice-Consuls resident within the dominions of the Emperor of China, or such other persons as by warrant under the hand and seal of the Chief Superintendent of the Trade of Her Majesty's subjects in China for the time being should be appointed to act provisionally as Consuls or Vice-Consuls, should severally in the districts within which they might respectively be appointed to reside, have and hold all necessary power and autho- rity to exercise jurisdiction over British subjects within such districts as aforesaid, for the repression. and punishment of crimes and offences by them com- mitted within the dominions of the Emperor of China,

and for the arrangement and settlement of all and all Preamble. manner of differences, contentions, suits, and vari- ances that might or should happen to arise between them or any of them; and should moreover have power and authority, as far as in them might lie, to compose and settle all and all manner of differences, contentions, suits, and variances, that might or should happen to arise between British subjects and the subjects of the Emperor of China, or between British subjects and the subjects of any foreign Power, and which might be brought before them for settlement; and Her Majesty was further pleased to order that Her Majesty's Consuls and Vice- Consuls in China, or any persons acting provision- ally as such Consuls or Vice-Consuls, should, in the exercise of the jurisdiction so granted to them, be governed by such laws and ordinances in that behalf as might be enacted with the advice of the Legislative Council of the Island of Hong-Kong, by the Superintendent of the Trade of Her Majesty's subjects in China for the time being, being the Gover- nor of Hong-Kong; and Her Majesty was further pleased to appoint the Colony of Hong-Kong as the British colony, wherein crimes and offences com- mitted by British subjects within the dominions of the Emperor of China, which it might be expedient should be inquired of, tried, determined, and punished within Her Majesty's dominions, should be so inquired of, tried, determined, and punished :

And whereas in virtue of the powers conferred upon Her Majesty by the above recited Act passed in the 6th and 7th years of Her Majesty's reign, intituled "An Act for the better government of Her Majesty's subjects resorting to China," divers ordinances have, by authority of Her Majesty, from time to time been enacted by the Superintendent of the Trade of Her Majesty's subjects in China, being the Governor of the Island of Hong-Kong, with the advice of the Legislative Council of the said island; and whereas it is expedient to consolidate and amend the same:

]

Interpretation of

terms.

Ordinances.

I. Now, therefore, in pursuance of the above- Repeal of previous recited Act passed in the 3rd and 4th years of the reign of His late Majesty King William the Fourth, intituled "An Act to regulate the trade to China and India," and in pursuance of the above-

recited Act passed in the 6th and 7th years of Her Majesty's reign, intituled "An Act for the better government of Her Majesty's subjects resort- ing to China," and in execution of the powers thereby in Her Majesty in Council vested, fer Majesty is pleased, with the advice of her Privy Council, to order, and doth hereby order, That from and after the first day of November next ensuing each and every Ordinance enacted as aforesaid by the Superintendent of the Trade of Her Ma- jesty's subjects in China, being the Governor of the Island of Hong-Kong, with the advice of the Legislative Council of the said island, between the 23rd day of January, 1844, and the 28th day of January, 1852, shall be and is hereby repealed: Provided always, that anything done by the Chief Superintendent or any Consul or Vice-Consul, or person duly authorized to act as such, in pursu- ance of any Ordinance so repealed previously to the first day of November next ensuing, shall have the same force and effect as if this present Order had not been passed.

י-1 -

be taken and held to include any ship or vessel British-registered and navigated according to law, and any ship or vessel owned by a party entitled by law to be an owner of a British-registered vessel, and any ship or vessel provided with sailing-letters from the Governor of the Colony of Hong-Kong, or from the Chief Superintendent of Trade; and that the term "crew" shall be taken and held to include all persons employed in navigating any ship or vessel which may be proceeded against for a breach of the provisions of the present Order.

dent and Consuls

III. And it is further ordered, That the Chief Power granted to Superintendent, or Consul in the port, place, or dis- Chief Superinten- trict in which he may reside, shall have full power to enforce Treaties, and authority to carry into effect, and to enforce by and to establish

Rules and Regula- fine or imprisonment, as hereinafter provided, the tions. observance of the stipulations of treaties now existing or which may hereafter be made between Her Majesty, her heirs and successors, and the Emperor of China, his heirs and successors, and to make, and enforce by fine or imprisonment, rules and regulations for the observance of the stipula- tions of such treaties, and for the peace, order, and good government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within any British ship or vessel at a distance. of not more than one hundred miles from the coast of China, and to enforce in like manner such rules and regulations as have heretofore been made and continue unrepealed at the time of the passing of the present Order.

Rules and Regula- tions to be affixed and exhibited in the

Office of the Chief Superintendent or Consul.

Proceedings for enforcement of Treaties and of

Rules and Regula

tions for the

observance thereof.

said rules and regulations, certified under the hand of the said Chief Superintendent or Consul to be a true copy thereof, shall be taken as conclusive evidence of such rules and regulations; and no penalty shall be incurred, or shall be enforced, for the breach of any such rules or regulations to be hereafter made, until the same shall have been so affixed and exhibited for one calendar month in the public office of the Consular district within which the breach of such rules or regulations shall be alleged to have been committed: Provided always, that no rule or regulation to be hereafter made by any of Her Majesty's Consuls, and to be enforced by a penalty, shall take effect until it has been submitted to, and approved by, the Chief Superin- tendent, and has thereupon been printed, and a copy of the same has been affixed and exhibited as aforesaid for one calendar month in the public office of the Consular district.

V. And it is further ordered, That it shall be lawful for the Chief Superintendent or Consul as aforesaid, upon information, or upon the com- plaint of any party, that a British subject has violated any of the stipulations of treaties be- tween Her Majesty and the Emperor of China, or has disregarded or infringed any of the rules and regulations for the observance of the stipulations of such treaties, affixed and exhibited according to the provisions of the next preceding article of this present Order, to summon before him the accused party, and to receive evidence and examine witnesses as to the guilt or innocence of such party in regard to the offence laid to his charge; and to award such penalty of fine or imprison- ment to any party convicted of an offence against the said treaties or the said rules and regulations, as may be specified in the said treaties or in the said rules and regulations; and any charge against a British subject for a breach of treaties, or for a breach of the rules and regulations for the observ- ance of such treaties, shall be heard and determined by the Chief Superintendent or Consul without. assessors Provided always, that in no case shall the penalty to be attached to a breach of the said rules and regulations exceed five hundred dollars, or three months' imprisonment.

Proceedings for

enforcement of

Rules and Regula- tions other than

those for the ob- servance of Treaties.

VI. And it is further ordered, That any charge against a British subject for a breach of rules and regulations other than those relating to the observ- ance of treaties, shall in like manner be heard and determined by the Chief Superintendent or Consul; and in all cases in which the penalty shall not exceed two hundred dollars or one month's imprison- ment, the Chief Superintendent or Consul shall hear and determine the charge summarily without the aid of assessors; but where the penalty attached to a breach of the rules and regulations other than those relating to the observance of treaties shall amount to more than two hundred dollars or to imprisonment for more than one month, it shall be obligatory upon the Consul, but not upon the Chief Super- intendent, before he shall proceed to hear the charge, to summon two British subjects of good repute residing within his district to sit with him as assessors, which assessors shall however have no authority to decide on the innocence or guilt of the party charged, or on the amount of fine or imprisonment to be awarded to him on convic- tion; but it shall rest with the Consul to decide on the guilt or innocence of the party charged, and on the amount of fine or imprisonment to be awarded to him: Provided always, that in no case shall the penalty to be attached to a breach of rules and regu- lations other than those for the observance of trea- ties exceed five hundred dollars or three months' im- prisonment, and provided further, that in the event of the said assessors or either of them dissent- ing from the conviction of the party charged, or from the penalty of fine or imprisonment awarded to him by the Consul, the Consul shall take a note of such dissent, with the grounds thereof, and shall require good and sufficient security for the appearance of the party convicted at a future time in order to undergo his sentence or receive his discharge; and the Consul shall within twenty days report his decision, with all the particulars of the case, together with the dissent of the assessors or either of them, and the grounds thereof, to the Chief Superintendent; and the Chief Superinten- dent shall have authority to confirm, or vary, or reverse the decision of the Consul, as to him may seem fit: Provided always that if an appeal shall be entered against the decision of the

Revision of deci- sions of subordinate

Consul, no such report shall be made to the Chief Superintendent on the ground of the dissent of the assessors or either of them, but the appeal shall be prosecuted in the manner hereinafter ordered.

VII. And it is further ordered, That in any Consular Officers. question relating to the observance of treaties; or of rules and regulations for the observance of treaties, or of rules and regulations other than those for the observance of treaties, a report of any or every decision made by a subordinate Consular officer, with or without the aid of assessors, shall be sent in to the superior Consular officer of the district, and that on the receipt of such report, the superior Con- sular officer of such district shall proceed, without assessors, to revise such decision as to him may seem fit, and such revision shall have, for the purposes of this Order, the same effect as if the case had been originally heard and determined by such superior Consular officer with or without the aid of assessors: Provided always, that in any case in which the assessors or either of them shall dissent from the decision of a subordinate Consular officer, such decision shall not be subject to revision by the superior Consular officer, but, in the event of no appeal being entered as aforesaid, shall be submitted to the Chief Superintendent for revision in the same manner as if such decision had been made by the superior Consular officer.

Appeals against convictions for a

breach of Treaties

or of Rules and Regulations.

VIII. And it is further ordered, That any

party tried and convicted before a Consul for a breach of treaties between Her Majesty and the Emperor of China, or for a breach of rules and regulations for the observance of such treaties, or for a breach of rules and regulations other than those relating to the observance of treaties, may appeal, after sentence given by such Consul, to the Chief Superintendent, who shall have power to confirm, or vary, or reverse such sentence, as to' him may seem fit, and to adjudge the expenses of such appeal, and from whose decision there shall be no appeal; and upon notice given of such appeal, which notice must be given to the Consul in writing, signed by the party appealing, within fifteen days D

from one Consular

district to another.

IX. And it is further ordered, That if any Parties escaping party charged with an offence committed against such treaties, or such rules and regulations as aforesaid, shall escape or remove from the Consular district within which such offence was committed, and shall be found within another Consular district, it shall be lawful for the Consul within whose dis- trict such party shall be found, to proceed against him in the same manner as if the offence had been committed within such district.

Consuls empowered, subject to appeal, to hear Civil Suits, in which British sub- jects are defendants,

X. And it is further ordered, That it shall be law- ful for the Consul of the district, within which the party sued shall be found, to hear and determine any suit of a civil nature against a British subject,

and Chinese or the arising within any part of the dominions of the subjects of other Emperor of China, whether such suit be instituted Powers plaintiffs. by a subject of the Emperor of China or by a sub- ject or citizen of a foreign State in amity with Her Majesty; and if either or any party in such suit shall be dissatisfied with the decision given by such Consul, it shall be lawful for such party within fifteen days to give to the Consul notice of appeal to the Chief Superintendent; whereupon the

Consuls empowered, subject to appeal,

to hear Civil Suits in which British subjects are plain- tiffs, and Chinese

other Powers

defendants.

Consul shall, with as little delay as possible, transmit

all the documents which were produced before him and none other, together with a statement of the grounds on which he has formed his decision,

to the Chief Superintendent, and shall forthwith notify to the several parties the transmission of the process; and saving the provision contained in Article XV of this Order, the Chief Super- intendent shall decide on such documents and

on such statement, and shall communicate his decision to the Consul, who shall forthwith proceed to carry the same into execution; and against such decision of the Chief Superintendent there shall be no appeal: Provided always, that it shall be lawful for the Consul to require from any party appealing to the Chief Superintendent, or to the Supreme Court of the Colony of Hong-Kong in the case hereinafter mentioned, reasonable security, which shall consist in part of one or two sufficient sureties to be approved by the Consul, that such party shall abide by the decision to be given respectively by the Chief Superintendent, or by the said Supreme Court.

XI. And it is further ordered, That it shall be lawful for the Consul of the district, within which the party sued shall be found, in like manner to hear and determine any suit of a civil nature,

or the subjects of arising within any part of the dominions of the Emperor of China, instituted by a British subject against a subject of the Emperor of China, or against a subject or citizen of a foreign State in amity with Her Majesty, provided that the defend- ant in such suit shall consent to submit to his jurisdiction and give sufficient security that he will abide by the decision of the Consul, or in case of appeal by that of the Chief Superintendent, and will pay such expenses as the Consul or Chief Superintendent shall adjudge; and if either or any party in such suit shall be dissatisfied with the decision given by such Consul, it shall be lawful for such party within fifteen days to give to the Consul notice of appeal to the Chief Superintendent, and the proceedings in such a suit, or in an appeal arising therefrom, shall be conformable to and under the same conditions as the proceedings in a suit, or in an appeal arising therefrom, in which a British sub- ject is defendant, and a subject of the Emperor of

China, or a subject or citizen of a foreign State

in amity with Her Majesty, is plaintiff.

appeal, to hear Civil Suits between British subjects. Proviso as to appeals to the Supreme Court.

XII. And it is further ordered, That in the Consuls empower- event of any suit of a civil nature arising between ed, subject to British subjects within the dominions of the Emperor of China, it shall be lawful, upon the application of a party, for the Consul of the district, within which the party sued shall be found, to hear and determine such suit, subject to an appeal to the Chief Superintendent in any case where the sum in dispute shall not exceed one thousand dollars; and every such appeal shall be made and conducted in the same manner and form and under the same conditions as in cases in which the defendant only is a British subject: Provided always, that when the sum in dispute shall exceed one thousand dollars the appeal shall lie to the Supreme Court of the Colony of Hong-Kong, and not to the Chief Superintendent.

suits.

XIII. And it is further ordered, That it shall be Assessors in Civil lawful for any of Her Majesty's Consuls, before whom any suit whatever of a civil nature is brought for decision, to summou two, and not more than four, British subjects of good repute, residing within his district, to sit with him as assessors at the hearing of such suit and in case the sum sought to be reco- vered shall exceed five hundred dollars, such suit shall not be heard by the Consul without assessors, if within a reasonable time such assessors can be procured; and the assessors aforesaid shall have no authority to decide on the merits of such suit, but in the event of such assessors or any or either of them dissenting from the decision of the Consul, the Consul shall enter the fact of such dissent and the grounds thereof in the minutes of the proceed- ings, and in case of appeal shall transmit the same to the Chief Superintendent together with the documents relating to the suit.

XIV. And it is further ordered, That it shall be Enforcement of lawful for the Chief Superintendent or Consul to. decisions in Civil

enforce his decision against a British subject in a

civil suit, by distress or imprisonment, in like man- ner as a decision of the Supreme Court of the Colony of Hong-Kong in a civil suit is enforced within the said Colony.

suits.

Cases in which

further evidence

XV. And it is further ordered, That in an appeal

may be adduced in to the Chief Superintendent from the decision of a appeals.

Consul, it shall not be open to either or any party to adduce any further evidence than that which has been laid before the Consul; and that a party shall not be required to appear personally to prosecute an appeal or support a sentence: Provided always, that in all appeals from the decision of a Consul, it shall be lawful for a party to allege facts essential to the issue of the suit, which have come to his know- ledge subsequently to the decision of the Consul, and to produce evidence in support of such facts: and Provided also, that in an appeal to the Supreme Court of the Colony of Hong-Kong, it shall moreover be lawful for the said Supreme Court to admit any further legal evidence, besides that adduced before the Consul, on its being established to the satisfaction of the said Supreme Court, by oath or affidavit, that the party desiring to produce such further evidence, was ignorant of the existence of such evidence, or was taken by surprise at the hearing before the Con- sul, or was unable to produce it before the Consul, after due and reasonable diligence and exertion on his part in that behalf, or where under the circum- stances of the case, it shall appear to the said Supreme Court that further evidence ought to be received.

Examination of witnesses.

}

said Chief Superintendent or Consul; and every wit- ness, being a British subject, so examined as afore- said, in case of wilful false testimony, may be con- victed of and punished for the crime of wilful and corrupt perjury.

XVII. And it is further ordered, That it shall be lawful for the Chief Superintendent or Consul to promote the settlement of a suit or contention by amicable agreement between the parties, and with the consent of the several parties to refer the decision of a suit or contention to one or more arbitrators, and to take security from the parties that they will be bound by the result of such reference, and the award of such arbitrator or arbitrators shall be to all intents and pur- poses deemed and taken to be a judgment or sentence of the Chief Superintendent or Consul, in such suit or contention, and shall be entered and recorded as such, and shall have the like effect and operation, and shall be enforced accordingly, and shall not be open to appeal.

Settlement of Suits by Agreement or

Arbitration.

XVIII. And it is further ordered, That it shall Trial of crimes and be lawful for any of Her Majesty's Consuls to offences committed by British subjects. cause to be apprehended and brought before him any British subject who may be charged with having committed any crime or offence within the domi- nions of the Emperor of China, or within any British ship or vessel being within one hundred miles from the coast of China, or within any ship or vessel on the high seas within the same limits not being lawfully entitled to claim the protection of the flag of

any State or nation, or within any Chinese ship or vessel within the said limits; and such Consul shall thereupon proceed with all convenient speed to inquire of the same, and for such purpose and end shall have power to examine on oath, or in such form and with such ceremony as he shall declare to be binding on his conscience, any witness who may appear before him to substantiate the charge; and shall have power to compel any person being a British subject who may be competent to give evidence as to the guilt or innocence of the party so charged, to appear and give evidence, and to punish the wilful default of any such person to appear and give evidence, after reasonable notice of

Cases in which Assessors are to be

summoned on the

trial of crimes and offences committed

by British subjects.

the day of the hearing of such charge, by fine or imprisonment, in like manner as provided in the Article XVI of this Order; and shall examine every such witness in the presence and hearing of the party accused, and afford the accused party all reasonable facility for cross-examining such witness; and shall cause the deposition of every such witness to be reduced to writing, and the same to be read over, and, if necessary, explained to the party accused, together with any other evidence that may have been urged against him during the course of the inquiry; and shail require such accused party to defend himself against the charge brought against him, and, if necessary, advise him of the legal effects of any voluntary confession, and shall take the evidence of any witness whom the accused party may tender to be examined in his defence; and every witness, being a British subject, so examined as aforesaid,

in case of wilful false testimony, may be convicted and punished for the crime of wilful and cor- rupt perjury and when the case has been fully inquired of, and the innocence or guilt of the person accused established to the satisfaction of the Consul, the Consul, as the case may be, shall either discharge the party accused from custody, if satisfied of his innocence, or pro- ceed to pass sentence on him, if satisfied of his guilt And it shall be lawful for any Consul, having inquired of, tried, and determined, in the manner aforesaid, any charge which may be brought before him, to award to the party convicted any amount of punishment not exceeding imprisonment for one month, or a fine of two hundred dollars.

XIX. And it is further ordered, That if the crime or offence whereof any person, being a British subject, may be accused before any of Her Majesty's Consuls as aforesaid, shall appear to such Consul to be of such a nature as, if proved, would not be adequately punished by the infliction of such punishment as aforesaid, it shall be lawful for such Consul to summon two, or not more than four, British subjects of good repute residing within his district, to sit with him as assessors for inquiring of, trying, and determining the charge against such person; and the Consul who shall try any

४५

such charge with the assistance of assessors as aforesaid, shall, if he is himself convinced of the guilt of the party accused, have power to award any amount of punishment not exceeding imprison- ment for twelve months, or a fine of one thousand dollars; and the assessors aforesaid shall have no authority to decide on the innocence or guilt of the party accused, or on the amount of punishment to be awarded to him on conviction; but in the event of the said assessors, or any or either of them, dissenting from the conviction of, or from the amount of punishment awarded to the accused party, the said assessors, or any or either of them, shall be authorized to record in the minutes of the proceedings the grounds on which the said assessors, or any or either of them, may so dissent; and the Consul shall forthwith report to Her Majesty's Chief Superintendent the fact that such dissent has been so recorded in the minutes of the proceedings, and shall as soon as possible lay before him copies of the whole of the depositions and proceedings, with the dissent of the assessor or assessors recorded therein; and it shall be lawful thereupon for Her Majesty's Chief Superintendent, by warrant under his hand and seal, addressed to the Consul by whom the case was determined, to confirm, or vary, or remit altogether, as to him may seem fit, the punishment awarded to the party accused; and such Consul shall give immediate effect to the injunction of any such warrant.

second conviction.

XX. And in order more effectually to repress Consuls may award crimes and offences on the part of British subjects deportation on within the dominions of the Emperor of China, it is further ordered, That it shall and may be lawful for any of Her Majesty's Consuls to cause any British subject who shall have been twice convicted before him of any crime or offence and punished for the same, and who after execution of the sentence. of the Consul on any second conviction shall not be able to find good and sufficient security to the satis- faction of the Consul for his future good behaviour, to be sent out of the dominions of the Emperor of China; and to this end any such Consul as aforesaid shall have power and authority, as soon as may be practicable after execution of the sentence on such second conviction, to send any such twice convicted

Consuls

may in certain cases award deportation on first conviction.

in custody on board one of Her Majesty's vessels of war, or if there should be no such vessel of war available for such purpose, then on board any British vessel, bound to Hong-Kong, and it shall

be lawful for the commander of any of Her Ma- jesty's ships of war, or of any British vessel bound to Hong-Kong, to receive any such person as afore- said under a warrant from the Consul addressed to the Chief Magistrate of Police of the Colony of Hong-Kong, and thereupon to convey him in custody to Hong-Kong, and on his arrival there to deliver him with the said warrant into the custody

of the said Chief Magistrate of Police, or other officer of Her Majesty within the said Colony law- fully 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 to the common gaol of the said Colony, to be there detained in custody subject to the directions of the Chief Superintendent for any period not exceeding three months; and any such party so embarked on board any of Her Majesty's ships of war or any British vessel bound to Hong-Kong for convey- ance in custody to Hong-Kong, shall be conveyed to Hong-Kong in the same manner as if he were a distressed British subject, unless he shall be willing and able himself to defray the expenses of

passage to Hong-Kong.

his

XXI. And it is further ordered, That in any case in which any British subject shall be accused before any of Her Majesty's Consuls of the crime of arson, or house-breaking, or cutting and maiming, or stab- bing, or wounding, or assault endangering life, or of causing any bodily injury dangerous to life, the proceedings before the Consul shall be carried on with the aid of assessors convened in the manner aforesaid; and it shall be lawful for the Consul, if to him it shall seem fit, to cause any person convicted before him of any of the crimes afore- said, over and above any fine or imprisonment F

which may be awarded to such person, to be sent out of the dominions of the Emperor of China and to the Colony of Hong-Kong in the manner pointed out in the next preceding Article of this Order, notwithstanding the crime laid to the charge of such person may be the first of which he has been convicted before the Consul.

Consuls may re- quire British sub- jects to give secu- rity to keep the

peace.

Consuls to report deportations and the grounds to the Chief Superin- tendent, who may send to England any person deported, or vary

or remit his punish-

ment.

Revision of sen- tences of subordi. nate Consular officers in Criminal proceedings.

Persons setitenced

by Her Majesty's Consuls may be sent to Hong-Kong for imprisonment.

party a severer punishment than his offence has deserved, it shall be lawful for the Chief Superin- tendent to vary or remit such punishment, as to him shall seem fit.

with the concurrence of assessors, then the decision pronounced by the superior Consular officer on revision of the proceed- ings shall be final; but if the sentence of the sub- ordinate Consular officer shall have been pronounced with dissent on the part of the assessors or of any or either of them, then the superior Consular officer shall not proceed to revise such sentence, but shall submit the whole proceedings to the Chief Superintendent in the same manner as if the case had been originally heard and decided by the superior Consular officer with dissent on the part of the assessors or of any or either of them.

XXV. And it is further ordered, That it shall be lawful for any of Her Majesty's Consuls to send any person sentenced to imprisonment under this Order, at any time while such sentence of im- prisonment is in course of execution, to the Colony of Hong-Kong in any of Her Majesty's ships of war, or in any British vessel, to undergo his term of imprisonment in the common gaol of the said colony; and it shall be lawful for

}

the Commander of any of Her Majesty's ships of war, or of any British vessel, to receive any such person on board, with a copy of such sentence and a warrant from the Consul for its due execution, addressed to the Chief Magistrate of Police of the said colony, and thereupon to convey him in custody to Hong-Kong, and on his arrival there to deliver him with the said copy of such sentence and warrant into the custody of the said Chief Magistrate of Police, or other Officer of Her Majesty within the said Colony lawfully acting as such, who on the receipt of the said warrant, and of the person therein named, shall be authorized to commit, and shall commit such person to the common gaol of the said colony, and such sentence shall be enforced to execution in the said common gaol, in the same manner as if the sentence had been awarded by the Supreme Court of the Colony of Hong- Kong.

XXVI. And it is further ordered, That in cases of assault it shall be lawful for the Consul before whom complaint is made, to promote reconciliation between the parties, and to suffer compensation and amends to be made, and the proceedings thereby to be stayed.

Consuls may pro-

in cases of Assault.

mote reconciliation

misdemeanours.

هم

Minutes to be drawn up of pro- ceedings before Consuls,

Chief Superinten- dent to have the same jurisdiction as Consuls in regard to breaches. of Treaties and breaches of Rules and Regulations, and in regard to

crimes and offences.

Manner in which

he is to proceed in

auch cases.

Supreme Court to

have, in certain criminal matters,

concurrent jurisdic-

tion with the Chief Superintendent or Consul.

Prisoners may be sent to Hong-Kong from the ports of China for trial

XXX. And it is further ordered, that save and

except as regards offences committed by British subjects against the stipulations of Treaties between Her Majesty and the Emperor of China, or against rules and regulations for the observance of the stipulations of such Treaties, duly affixed and exhi- bited according to the provisions of Article IV of this Order, or against rules and regulations for the peace, order, and good government of Her Majesty's subjects, being within the dominions of the Emperor of China, or being within any British ship or vessel at a distance of not more than one hundred miles from the coast of China, duly affixed and exhibited as aforesaid, and save and except as regards the offence of engaging in trade declared by Article XXXIV of this Order to be unlawful, which offences shall be enquired of, tried, determined, and punished,

in the manner hereinbefore and by Article XXXIV of this Order provided, and not otherwise, the Supreme Court of the Colony of Hong-Kong shail have and may exercise, concurrently with the said Chief Superintendent or Consul, authority and juris- diction in regard to all crimes and offences, com- mitted by British subjects being within the dominions of the Emperor of China, and the ports and havens thereof, or on the high seas within any ship or vessel at a distance of not more than one hundred miles from the coast of China, in the same and as ample a manner as if such crimes and offences had been committed within the Colony of Hong-Kong: Provided always, that the Supreme Court shall not be bound, unless in a fit case it shall deem it right so to do, by writ of certiorari or otherwise, to debar or prohibit the Chief Superintendent or Consul from taking cognizance, pursuant to the provi- sions of Articles XVIII, XIX, XX, XXI, and XXII, of this Order, of any crime, or misde- meanour, or offence, committed by a British subject, being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than one hundred miles from the coast of China.

XXXI. And it is further ordered, That it shall be lawful for the Chief Superintendent or

Consul, to cause any British subject charged with before the Supreme the commission of any crime or offence the cogni-

Court.

zance whereof may at any time appertain to him, to be sent, in any of Her Majesty's ships of war, or in any British vessel, to the Colony of Hong-Kong, for trial before the Supreme Court of the said colony; and it shall be lawful for the commander of any of Her Majesty's ships of war or of any British vessel to receive any such person on board, with a warrant from the said Chief Superintendent or Consul, addressed to the Chief Magistrate of Police of the said colony, and thereupon to convey him in custody to Hong-Kong, and on his arrival there to deliver him, with the said warrant, into the custody of the said Chief Magistrate of Police, or other officer of Her Majesty within the said colony law- fully 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 colony, and it shall be lawful for the keeper of the said common gaol to cause such party to be de- tained in safe and proper custody, and to be pro- duced upon the order of the said Supreme Court ; and the Supreme Court at the sessions to be next holden shall proceed to hear aud determine the charge against such party in the same manner as if the crime, with which he may be charged, had been committed within the Colony of Hong-Kong.

XXXII. And it is further ordered, That the Provisions with Chief Superintendent or Consul, on any occasion regard to prisoners

in 6 & 7 Vict., of sending a prisoner to Hong-Kong for trial, shall c. 94, to be ob- observe the provisions made with regard to pri- prisoners to Hong-

served in sending

soners sent for trial to a British colony in an Act Kong for trial. passed in the 6th and 7th years of Her Majesty's reign, intituled "An Act to remove doubts as to the 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.”

tendent or Consul

XXXIII. And it is further ordered, That the Supreme Court to Supreme Court of the Colony of Hong-Kong shall have concurrent jurisdiction with have and may exercise, concurrently with the Chief the Chief Superin- Superintendent or Consul, authority and jurisdiction in civil suits in regard to all suits of a civil nature between between British British subjects arising within any part of the

subjects. dominions of the Emperor of China; Provided

Trade of British subjects to the northward of 32nd degree North lati- tude unlawful and punishable.

of the Colony of Hong-Kong, and thereupon to convey him in custody to Hong-Kong, and on his arrival there to deliver hin, with the said warrant, into the custody of the said Chief Magistrate of Police, or other officer of Her Majesty within the said colony 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 colony, 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 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 Superintendent 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 Hong-Kong.

Vessels and persons engaged in unlawful trade may be seized and sent Chief Superinten-

for trial before the

XXXV. And it is further ordered, That it shall be lawful for any of the Commanders of Her Majesty's ships, or any other officer duly autho- rized in that behalf, to seize any ship or vessel under the British flag which may reasonably be dent. 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 Hong-Kong, 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 Chief Superinten- dent shall have tried and determined the charges which may be brought against them, or any of them, of having been engaged in such unlawful trade.

XXXVI. And it is further ordered, That all Enforcement of

Fines and Penal-

fines and penalties imposed under this Order may ties. 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.

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 defraying 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 Super- intendent or Consul, and it shall be lawful for the said Chief Superintendent 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,

Chief Superinten dent may establish Rules of Practice, Regulations for Expenses of Wit- nesses, and also

Rates of Fees

in civil suits.

Manner in which

Fees, Penalties, Fines, and For- feitures are to be appropriated.

Consuls may grant Probate, &c., and administer to Intestate Estates.

kept.

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.

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 administra- tion to the intestate estate of a British subject deceased and leaving property within the limits of the district within which such Consul shall exercise authority; 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 de- ceased 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.

XL. And it is further ordered, That a register shall be kept by each and every of Her Majesty's Consuls, of all British subjects residing within the ports, places, or districts of China within his jurisdiction, and that every British subject now residing within the dominions of the Emperor of China who shall not be already enrolled in any such Consular register, shall within a reasonable time after the promulgation of this Order, to be specified in a notice to be affixed and publicly exhibited in the Consular Office, apply to the Consul of the district to be enrolled in such register; and every British subject who inay arrive within the said dominions, save and except any British subject who may be

ᅥ

borne on the muster-roll of any British ship arriving in a port of China, shall within a reasonable time after his arrival, to be specified as afore- said, apply to the Consul of the district 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 be able to excuse, to the satisfaction of the said Consul, such his refusal or neglect, shall not be entitled to be recognized or protected as a British subject in any difficulties or suits whatsoever, in which he may

have been involved within the dominions of the Emperor of China within the time during which he shall not have been so enrolled

Consuls may ex- ercise the powers

any of Justices of the Im-

Peace for enforce-

XLI. And it is further ordered, That the Con- sul within his Consular district may exercise of the powers which by any Acts of the perial Parliament now enacted or hereafter to enacted for the regulation of merchant seamen, or for the regulation of the mercantile marine, may be exercised by one or more justices of the peace within Her Majesty's dominions.

of Acts of Parlia-

ment of provisions

ment relating to cantile Marine.

Seamen and Mer-

XLII. And it is further ordered, That nothing Consuls in China in this Order contained shall be taken or construed may perform all

acts which may to preclude a British Consul within the dominions be performed by

British Consuls

of the Emperor of China from performing any act elsewhere.

of administration, or jurisdiction, or other act, which British Consuls within other States at amity with Her Majesty are by law, usage, or sufferance enabled to perform.

Chief Super- intendent or Consul may

XLIII. And it is further ordered, That it shall be lawful for the Chief Superintendent or Consul to execute a writ of the Supreme Court of the Colony execute Writs issued of Hong-Kong, and take security from each and of Hong-Kong.

by Supreme Court every party named in such writ for his appearance

person or by his attorney at Hong-Kong, and in default of such security, to send such party to Hong-Kong in the manner pointed out in Article XXXI of this Order; Provided always, that the Chief Superintendent or Consul shall not be liable to an action for the escape of any party captured under any such writ.

Limitation of actions.

Supreme Court of Hong-Kong may take cognizance of offences committed

by British subjects

within the Penin- sula of Macao.

Provisions of the present Order to

have force though repugnant to those

of former Orders.

Provisions as to Ordinances here-

after made by Chief Superintendent.

XLIV. And it is further ordered, That any suit or action brought against the Chief Superintendent or Consul in the Supreme Court of the Colony of Hong-Kong, by reason of anything done under the authority and in execution of the power or jurisdic- tion 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 said Court, 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 de- fendants in actions or suits, in an Act passed in the 6th and 7th years of Her Majesty, intituled "An Act to remove doubts as to the 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."

XLV. And it is further ordered, That the Supreme Court of the Colony of Hong-Kong shall have power to take cognizance of offences committed by British subjects within the Peninsula of Macao, and of suits originating there, when the party offending, or the party sued shall come or be found within its jurisdic- tion; but it shall not have power to issue any warrant or writ to be executed or served within the Peninsula of Macao.

XLVI. And it is further ordered, That if any pro- vision of any Article of this Order shall be in any wise repugnant to, or at variance with, certain Orders passed by his late Majesty King William IV on the 9th day of December, 1833, or certain Orders passed by Her Majesty on the 4th day of January, 1843, and on the 24th day of February, 1843, and on the 2nd day of October, 1843, and on the 17th day of April, 1844, or any of them, then such provision of such Article of this Order, so long as the same shall be in force, shall be obeyed and observed, anything in the said recited Orders in Council contained to the contrary in any wise notwithstanding.

Tre

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}

Majesty's subjects resorting to China," shall be in any wise repugnant to or at variance with any of

the provisions of this present Order of Her Majesty in Council, then such law or ordinance, so long as the same shall be in force, shall be obeyed and observed, anything in this Order contained to the contrary in any wise notwithstanding.

XLVIII. And it is further ordered, That this Order shall take effect from and after the 1st day November next ensuing.

Why Bathurst

}

Tre

Entered.

Hoang hong

The Lord President

Forwardedly 1853 J Smith 244

DECR

Merivale 24

28th December 1853,

BR 24

Dukeyfina ca

Lond

I have the

honour to

transmit to your Lordship herewith

Draft

enclosed

of a Commission

which it

proposed to issue under the Great

the

Seal

Tre

Waited Kingdom

John Bowring Esquice, whom

the Queen has been

pleased to appoint to be Governor

and Commander

in Chief,

over

in and

the Seland

4. Hong Kong and its dependencies; and I have to request that

your Lordship

will submit

the same

for

the approval of Her Majesty.

Council.

....

Tre

Treasury

}

25568

448. Song Thong.

CEIVED

C.D

JAN.1 8

·1853

Ireasung

Chambers

17 January 1853

Aus. 275 Jan./53.

Sei

With reference

to your

litter

8 the 27

Ultimo transmitting Copy

of a letter from the Colonial Agent General accompanied by a Requisition

from the Gormor of Hongkong for A supply of Clothing and Equipments for the Police Force in that Colony for the year 1853, I am commanded by the Fords

Commissioners of Ber Majesty's

Treasury to acquaint you for the Information of the Duke of

Newcastle that the said

Requisition has her forwarded to the Board of Ordnance with the Request that directions may be

given for the supply of the

Articles required

I am alos commanded to

request that

Oute

you

will move the

Newcastle to instruct the

Agent General to communicate

with the Ordnance department

in order to the transmission of

these Articles to the Colony.

I am

Sin

Your Obedient Servant

# Merivale Ene

While

་་

Entered

448 Harry Hang

lenge Baillie Eve

INUTE Midades

1853 JANY

25 atd.

BIRAL

251

CIRT al

мин

J&K Prel

Duked Newcast! 26

With referere to your

letter of the 21 aft Becember lish Same directed by the

Duke of hewenstle to trans.

mit to

to you

the Copy of a

letter from the Bend

of headary you to place querelt

and to construesh

su Communication with

the Axuance. Deportevent in order to the transmission

-Herry Hory of the Clothing & equipments required for the Police

that

Force in thich Colorry. •

озд

bill

busheel the

Agent sundingly,

10. Jou

9397.

for

Aus? A

Extract

1471.

784. Hong Long

RECEIVE

JAN. 24

1353

Джанину

Chambers

Facesury. Remedies

22 January 1853

I am commanded by the Lords Commissioners of Her Majesty's Oxeasury

to transmit herewith

Extract from

a Report of the Commissioners of

regarding

Audit dated 29 September last gratuities charged in the Hong Kong accounts of 1849 to certain Police Constables amounting to £205, also relation to the repayment to the

Canton Steam вам

Конд

động đang

aud

Navigation Company of certain

reuts

and

move

ев

amounting

-£149:19:11

request that

Newcastle

you will

the Decke

cause my

Lords to be informen

whether these payments have been

sanctioned.

been parsectioned

Merivate. Inform the Treasury

liese Prayscants.

such payment

I am

Sor

Your Obedient Servant

km lan 26

1: 27

Herman Merivale Eoq.

芦

Ch. Kenly

MINUTE 2

1853

27 JANY

MP Jadis MREILLON

Fy 784 Hony Merry

ว

4 Jeb/53

25. Sam dimeted of the

29 AB

M® Menvale MRF Peel 31 Duke of Newcas!!

Zake of hewce site to

100

rebword, spe the receipt of

Jour

22hest

letter of the 22 hit

and to refer in reply to

Jover

Juny

litters

「

the 31 of

1848 and the 21 of

May 1849. Conveying

The

Concurrence of the Lords Commissioners of

in the ей

the Fussary in

instructius which tail Grey purport to

addle fo to the Goueron of Henry Morg

authorizing the replay such to the Hongting & Canton

Her

Shane Packal Company of the amount of Peat Jeaid by then to Gommack, and also the grabectes grail

to Certain Police Cristables on their having the Colony.

Copy.

784

Extracts from Report of

- Commissioners of Audir

101

the

0532

ба

Gratuities to certain

romy better Police Constalles on their

ay/49

Stated & have been exported totten

leaving the Police Force Majesty's Secretary of

If the Colony.

£205

State in Oespatch hob

810 January 1849

Tune

Repayment wither

panophelter Hong Kong & Canton

13/48 Steam Packet Company

洲

1公

in consideration of

keeping up a

their

Stated thave been

Regular Authonged by the

Steam Communication Secretary of

Statis

between Canton & Hong Despatch of 4, Jansen,

Rong of the amount

of Rent paid by them

to Govenment

£149 · 19.11

and by of 26th October

18498

רות לחו-ר-ג-

844.

Lest

2572.

1004 đang trong

RECEIVED

MAR. 3

1853

Sam в хели

Hong

102

Treasury Chambers

2. March 1853

Commu

manded by the Lords Commissioners of Her Majesty's Ixcasury

to transmit the accompanying fron copies of the 18. Sexpplement of the

lest

of Copyright Works,

and I am

will

move the

to request that you Duke of Newcastle to cause the

same to be forwarded to the Governor

of Hong Kong with instructions

to him to take measures for

giving effect in that Colong to the provisions of the 9 Section of the Yet 8th and 9th Victoria Cap 93 with respect to the works therein mentioned.

non Merivale Esq.

Ermen

Susu

Ser

Your Obedient Servant

le mundu gen

McHaMamth

Prepare the usual draft.

Bleach.

103

}

Treasury 1904 Whong,

W.4

Governors, Be Bonhamn Br KG18

Mong trong

1853 MAR

INUTE 3 March No Halks onit M*Elliot MPMenvale 4

MF. Peet Duke of Nemcus??

Air,

KCB

104

Thundf

Itransmit, hereinek

Copies of the 18+ Supple

- ment to the hist of Chyright works in order that effect

may

ди

the Colony under your Government to the provisions The 9. Lection

Act 89 Victoria

lah: 93..

Jante

theP

15094.

16.

2:19

Ser

2008 chong trong

RECEIVER

AUG. 12 1853

Treasury Chambers

11 August 1853

With reference to your

105

Letter

of the 21th Ultims relative to the Gratuity

to the Widow and

Children of the late Sergeant Hall

дне

Turnkey of the Victoria Garb at Honey Honey.

J'aur commended

The Lords Commissioners of

Her Majesty's Treasury to request

You

will state to the Puke of

Lords are

Newcastle that My Lords unwilling to refuse

their sauction.

to the Cratuity of £50 which hav been paid under the authority of the acting Govenior and

Excentive

Berman Merivale Eque

of Kong Honey;

beet

జ

دکو

but they.

out to His

Hall uch

think it right to point

Grace that se

haviceg

Sergeant

neet with

his death of rom injuries received

the execution of

his Willow had no

whatever to any

of his duty;

claui

Gratuity, and

Their Lordships request that it

may

be distimetty understood. that they cannot sauction

suck payments in future

Sam I am

Lir

Your Bedient Sewant

Mr. Mist

Enform the Governor accordingly.

Aut

ན ོ་་་ཐིམ་ཅང།

•

106

5299

внут

忆

ما

опредсто

Letter To Treas. = 3 Lesch son Har Copy &

Hongkonge

to Governor of Housew

535828

Sir

153 Hong Kong

RECEIVED

AUG22 1853

I am com

Australia

107

Treasury Chambers 20 August

41853

commanded by the

Lords Commissioners often

to transmit

Majestys Treasury herewith for the information

the Cake of Researtto punted Copy of the Contint. entered into with the Pensuler. and Oncital Steam Ravigation Company for the consergame fter Majesty's Mails between. England

Australia

Rudia China and

Jam

You

German Merivale Cogre

〆

Lei

sbedient Lewant

2. Tommage

LLT

Wellest. Should not the Lreasury

copies

ties agreement

out for the informatich

Colon

the

I think

be asked to send us some

view

to copies being sent and the Austration

the Governor of thoug

し

22 Angt

showed a shed for,

مكسر

30.

Freas 28555. Hong Kong.

Die C. Parelgan i

MINUTE Ja AUCT MR Fulless 131.

McElliot Mierivato

31.

ME. Peel

Duke of Newers!!

to d

え

3. Jha /55

108

I am dindled

& The Duke of Neurath

to acknowledge

receipt of y

letter of

The 20th Inn Exansmitting

a printed Copy of

Contract entered into with the Peninsulan + Oriental Steam Hanje Comp», for the county and

of H. M = Tails between England, India and China; & to request that

за

will more The Las

Comenz of the Press & So This Deep - with Jummist

alu

sufficient number of Copies to lend to

the Governors of the

erested

Colonies intended in

this contract.

I am

Jam

livelor

Fy. 9081 Henry Hanga Australia

ler to the Gomones

Euterea

Wong Kong

Hong Hong, Matta & Australin Colonier – Li

HINUTE /2

Jadis MRYNA

853

UP Peat Dukry News!! 21

for

2.1 Sepity 53

N°28

Shamil herrita

In your information

printed copies of the Contrach entered with weath

the Peninsuler and

bruintet keen hangaton

109

Company for the Conveyane of A. Mis : Mils between England, India, Churia

and Australia-

there

To prov

I28555/55

{

110

Company to convey mails,

twice each way every

calendar month, be- tween England and

Alexandria, and be tween Suez, Calcutta, and Hong Kong,

Articles of Agreement made this first day of

January in the year of our Lord one thousand eight hundred and fifty-three, between The Peninsular and Oriental Steam Navigation Company of the one part, and the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland (for and on behalf of Her Majesty) of the other part.

Witness, That the said Company hereby covenant, promise, and agree with the said Commissioners for and on behalf of Her Majesty, that the said Company shall and will at all times during the continuance of this Contract, or so long as the whole or any part of the service hereby agreed to be performed ought to be performed in pursuance thereof, provide, maintain, keep seaworthy and in complete repair and readiness for the purpose of conveying as herein-after provided all Her Majesty's mails (in which designation all despatches and bags of letters are agreed to be comprehended) which shall at any time or times or from time to time by the said Commissioners or Her Ma- jesty's Postmaster General, or any of the officers or agents of the said Commissioners or Postmaster General, be required to be conveyed twice each way every calendar month between England and Alexandria in Egypt, and twice each way every calendar month between Suez in Egypt, Calcutta in India, and Hong Kong in China, by means of a sufficient number not less than fifteen of good substantial and efficient steam vessels, each of such vessels to be of not less than eleven hundred tons burthen, and supplied with first rate appropriate steam engines; and also a sufficient number of good substantial and efficient steam vessels tween Marseilles and (not less than two), to be employed twice each way every calendar month in the conveyance of Her Majesty's mails between Marseilles in France and the island of Malta; and Singapore and Sydney, likewise a sufficient number of good substantial and efficient steam vessels (not less than two), to be employed each way every alternate calendar month in the conveyance of Her Ma- jesty's mails between Singapore in the Straits of Malacca and those vessels to be of Sydney in New South Wales; each of such vessels to be employed between Marseilles and Malta, and between Singa- pore and Sydney, to be of not less than six hundred tons burthen, and supplied with first-rate appropriate steam engines.

by not less than 15 steam vessels, each not less than 1,100 tons;

and also employ not

less than 2 vessels

twice each way be-

Malta;

and not less than 2 vessels between

not less than 600 tons.

Company to convey mails to satisfaction of Admiralty,

as mentioned in

Tables 1 to 5.

That the said Company shall and will during the continuance of this Contract in every case diligently, faithfully, and to the satisfaction of the said Commissioners, convey the said mails on board the said vessels respectively as mentioned in the Tables of Routes numbered 1 to 5 inclusive hereunto annexed, and ali the stipulations, clauses, matters, and things mentioned or con-

111

Vessels to be furnished

And manned with officers with certificates under 13 & 14 Vict, c. 93. or other Acts as to certificates;

and a medical officer to supply medicines gratis to those con- veyed under the contract.

tained in the said Tables shall form part of this Contract, and be observed, kept, and performed by the said Company accord- ingly; and, subject to such stipulations, clauses, matters, and things, and to the other stipulations of this Contract, the said vessels shall depart from and arrive at the several places as men- tioned in such Tables on the days and at the hours or times of the day or night therein respectively mentioned or specified.

That all the vessels employed under this Contract shall with machinery, tackle, be always supplied and furnished with all necessary and proper machinery, engines, apparel, furniture, stores, tackle, boats, fuel, oil, tallow, provisions, anchors, cables, fire pumps, and other proper means for extinguishing fire, lightning conductors on Sir Snow Harris's or other approved principle, charts, chro- nometers, proper nautical instruments, medicines, medi- caments, and whatsoever else may be requisite and necessary for equipping the said vessels, and rendering them constantly efficient for the service hereby contracted to be performed; and also manned and provided with competent officers with appropriate certificates, granted pursuant to the act 13 and 14 Victoria, cap. 93, or to the act or acts in force. for the time being relative to the granting certificates to officers in the merchant service, and also a medical officer, to be approved of by the said Commissioners, and who shall give medical attendance, medicines, and medicaments gratis to all persons conveyed under or by virtue of this agreement, or whose passage money may be paid for, in whole or in part, by the public, and with a sufficient number of efficient engineers, and a sufficient crew of able seamen and other men, to be in all respects, as to vessels, engines, equipments, engineers, officers, and crew, subject in the first instance, and from time to time. and at all times afterwards, to the approval of the said Com- missioners, and of such other persons as shall at any time or times or from time to time have authority under the said Designs, &c. of vessels Commissioners to inspect and examine the same; and the said Company shall, previously to any vessel being built for or which is intended to be employed in the performance of this Contract, submit the designs, plans, and sections of each and every of such vessels to the said Commissioners, and be bound to adopt such fittings, scantling, and such dispositions of hatchways as the said Commissioners shall declare in writing. to be necessary for carrying and firing the following armament, that is to say,

Vessels, officers, and crew subject to Admiralty approval.

to be submitted to

Admiralty.

Armament of vessels.

BOW AND STERN PIVOT.

And

upwards.

Tons. No.

10-inch

1,100 {1 32-pounder

8-inch

Cwt. No.

BROADSIDE.

Cwt.

85 4 32-pounder 40 56

Vessel

with

800

65 4 32-pounder 25

1 32-pounder

paddle-

600

1 32-pounder 45

4 32-pounder 17 carris,

wheels.

Tons,

Cwt.

And

1,100

8 32-pounder 40

Vessel

800

upwards.

8 32-pounder 25

with

600-

8 32 pounder 17

screws.

of vessels.

That all the vessels which are to be employed under this Contract shall be tried under the direction of an officer to be

As to trial and speed appointed by the said Commissioners; and unless it be shown. to the satisfaction of the said Commissioners that each of such vessels of one thousand one hundred tons burthen or upwards, on being tried for a measured mile, attains the speed of twelve knots an hour, with coals on board, and loaded so as to float down to the load line of the hull, and without the aid of sails, and that each of such other vessels with coals on board and loaded as aforesaid, and without the aid of sails, attains the speed of ten and a half knots an hour, the same shall not be employed in the several services hereby contracted to be performed.

Mails to be conveyed at not less than 10

knots an hour, except

between Singapore

and Sydney; those to

be at average of 8 knots.

One vessel to leave

20 January 1853, one the beginning and another the middle of every succeeding month, as Admiralty appoint, from South-

That the said Company shall and will, at their own cost and charge, at all times during the continuance of this Contract, at a speed which on the average of each voyage of each vessel shall not be less than ten knots an hour, convey Her Majesty's mails; excepting those to be conveyed between Singapore and Sydney, which shall be conveyed at a speed which on the average of each voyage of each vessel shall not be less than eight and a half knots an hour.

That one of such vessels of not less than one thousand one hundred tons burthen, so approved of and equipped and manned as aforesaid, and with Her Majesty's mails on board, shall, on the twentieth day of January one thousand eight hun- dred and fifty-three, and also one of such vessels in the begin- ampton or other port. ning and another of such vessels in the middle of every suc

Vessels to proceed from United Kingdom

to Gibraltar, and arrive within 121 hours from

Southampton.

Admiralty may sub-

stitute other port for

ceeding month, on such days and at such hour as shall at any time or times or from time to time be appointed by the said Commissioners, put to sea from Southampton, or from such other port in the United Kingdom as the said Commissioners shall at any time or times or from time to time appoint, so that an interval of about a fortnight is left between the days of the departure of the two vessels.

That each and every of the said vessels leaving the United Kingdom shall put to sea from Southampton, or from such other port in the United Kingdom as the said Commissioners shall at any time or times or from time to time appoint, and proceed direct to Gibraltar, where she shall arrive within one. hundred and twenty-one hours from the time of her departure from Southampton, when Southapmton is her port of departure from the United Kingdom.

That the said Commissioners for the time being shall be at Marseilles and Malta. liberty and have full power, on giving three calendar months notice in writing under their hands, or the hand of their Secretary, to the said Company, to substitute any other ports or port in the Mediterranean for Marseilles and Malta, or either of them, on payment of a reasonable compensation to the said Company, for any additional

if expense, any, that may be in- curred by such substitution.

112

Admiralty or Agents may delay vessels not exceeding 24 hours,

Officer in charge of mails may make

stress of weather.

any

That should it be deemed by the said Commissioners, or by of their authorized agents, requisite for the public service, that any vessel employed under this Contract should delay her departure from the United Kingdom, or from any of the places herein or in the said Tables mentioned or referred to, beyond the periods herein and in the said Tables agreed upon, the said Commissioners, or such authorized agents, shall have power and be at liberty to order such delay, not, however, exceeding twenty-four hours, by letter addressed by their secretary or other officer or agent of the said Commissioners to the master of any such vessel, or person acting as such, and which shall be deemed a sufficient authority for such detention, anything herein contained to the contrary thereof notwith- standing.

That if at any time or times, owing to stress of weather, or alterations in case of any other unavoidable circumstances, any vessel employed in the performance of this Contract shall not be able, in the opinion of the officer or person having charge of Her Majesty's mails, to reach in due course any of the places to which she ought to proceed, the same officer or person may and shall give such directions in writing, and make such alterations for the par- ticular case, as shall seem most expedient to him for the per- formance of the service; and any directions or orders which he may give in such cases shall be strictly obeyed by the master of every such vessel, who shall insert such alterations, and the reason thereof, in his log-book, which shall, whenever required, be produced to the said Commissioners, or to any of their officers or agents.

Company to alter

vessels as advanced state of science may suggest, and Admi- ralty may order improvements on granting compensation.

Company always to have vessels ready; and in case of any being disabled, to re- place same.

That the said Company shall and will, from time to time and at all times during the continuance of this Contract, make such alterations or improvements in the construction, equip- ments, and machinery of the vessels which shall be used in the performance of this Contract as the advanced state of science may suggest, and the said Commissioners may direct; and that if at any time during the continuance of this Contract the

of science should enable the vessels employed in progress the performance of this Contract to be propelled at a much greater speed than herein-before provided, the said Commis- sioners may, if they think fit, order such necessary improvements to be made, granting such compensation to the said Company as may by arbitration be determined to be due for the in- creased expenditure, if any, arising from the making of such improvements.

That the said Company shall at all times during the con- tinuance of this Contract have in constant readiness for the due execution of the services hereby contracted to be per- formed, vessels equal in number, tonnage, and efficiency to those herein-before stipulated to be provided; and shall, in every case of any of the said vessels becoming disabled, immediately, at their own cost and charge, replace the same by good and

Officer appointed by

Admiralty and servant

to be received on

with authority to

of Contract, and de-

termine as to proceed-

ing or putting into harbour, or assisting vessel in distress.

efficient vessels of similar tonnage, obtained by hire or other- wise.

That the said Company shall receive and allow to remain on board each of the said vessels so to be and while employed board, and considered in the performance of this Contract, and also while remaining as agent of Admiralty, at any of the ports or places for return mails, and with or require due execution without mails in charge, an officer in Her Majesty's navy to be appointed by the said Commissioners to take charge of the said mails, and also a servant of the said officer, if required, and that every such officer shall be recognized and considered by the said Company, and their officers, agents, and seamen, as the agent of the said Commissioners in charge of Her Majesty's mails, and as having full authority in all cases to require a due and strict execution of this Contract on the part of the said Company, their officers, servants, and agents, and to determine every question, whenever arising, relative to proceeding to sea or putting into harbour, or to the necessity of stopping to assist any vessel in distress, or to save human life; and that the decision of such officer as aforesaid shall final, unless Admiralty in each and every such cases be final and binding on the said Company, unless the said Commissioners, on appeal by the said Company, shall think proper to decide otherwise. But it is understood, the above expression, "to determine every question," shall not confer upon such officer the power of compulsion in such cases.

Decision of officer

on appeal decide otherwise.

First-class cabin, &c.

to be provided for

deposit of mails.

That a suitable first-class cabin, with appropriate bed, officer, with place for bedding, and furniture, shall, at the cost of the said Company, be provided and appropriated by them for and to the exclusive use and for the sole accommodation of every such naval officer; and also a proper and convenient place of deposit on board, with secure lock and key, for Her Majesty's mails; and that each and every of the said officers shall be victualled by the said Company as a chief cabin passenger, without any charge being made either for his passage or victualling; and that, should all or any of such officers require a servant, such servant shall be also provided with a proper and suitable berth, and be duly victualled, by and at the cost of the said Company, without any charge being made for the same.

Officer to be victualled, provided for, by Com-

and his servant be

pany.

Mails to be delivered and received, and naval officer to be

the shore, and direction of officer obeyed as to mode, &c. of receiving and de- livering mails.

That Her Majesty's mails shall be delivered and received at each of the places to which the said vessels are to proceed conveyed to and from in the performance of this Contract; and that at each port or place where the said mails are to be delivered and received, the said naval officer having charge of Her Majesty's mails shall, whenever and as often as by him deemed practicable or necessary, be conveyed on shore, and also from the shore to the vessel employed for the time being in the performance of this Contract, together with or (if such officer consider re- quisite for the purposes of this Contract) without Her Majesty's mails in a suitable and seaworthy boat of not less than four oars, to be furnished with effectual covering for the mail bags,

- - w

113

Admiralty may

entrust mails to master

of vessel, who is to

and receive and de- liver mails.

and properly provided, manned, and equipped by the said Company; and that the directions of the said naval officer shall in all cases be obeyed as to the mode, time, and place of receiving and delivering Her Majesty's mails.

That if the said Commissioners shall during the continuance of this Contract or of any part thereof think fit to intrust the make usual declaration, charge and custody of the mails to the masters of all or any of the vessels to be employed in the performance of this Contract, and in all cases when the naval officer, or other person appointed by the said Commissioners to have charge of Her Majesty's mails, shall be absent, the masters of all or any of such vessels shall, without any charge to the public, take due care of, and the said Company shall be responsible for the receipt, safe custody, and delivery of the said mails; and each of such masters shall make the usual declaration declarations required, or which may hereafter be required, by Her Majesty's Postmaster General in such and similar cases, and furnish such journals, returns, and information to and as and perform such services as the said Commissioners, or any of their agents, may require; and every such master having the charge of such mails shall himself, immediately on the arrival at any of the said ports or places of any vessel so conveying the same, deliver all Her Majesty's mails for such port or place into the hands of the postmaster of the port or place where such mails are to be delivered, or into the hands of such other person as the said Commissioners shall direct and authorize to receive the same, receiving in like manner all the return or other mails to be forwarded in due course.

Company not to receive on board any

other letters than those in charge under this Contract.

Penalty for not putting

to sea from certain

appointed, 5001; and 500L for every suc- cessive day up to the 14th.

►

That the said Company shall not, nor shall any of the masters of any of the vessels employed or to be employed under this Contract, receive or permit to be received on board any of the vessels employed under this Contract any letters for conveyance, other than those duly in charge of the said naval officer, or other person authorized to have charge of the said mails under or by virtue of this Contract, or which are or be privileged by law; and the said naval officer or other may person shall report to the said Commissioners any default in this respect, and in case of any such default the said Com- pany shall be liable to be proceeded against for a breach of this Contract.

That if the said Company fail to provide an efficient vessel, ports at day and hour in accordance with the terms of this Contract, ready to put to sea from any one of the following ports or places; that is to say, Southampton, Alexandria, Suez, Calcutta, Hong Kong, Singapore, or Sydney, on and at the duly appointed day, hour, or time, then and in each case and as often as the same shall happen the said Company shall forfeit and pay unto Her Majesty, her heirs and successors, the sum of five hundred pounds, and also the further sum of five hundred pounds for every successive day up to the fourteenth day inclusive which

Penalty for delay in starting, &c. 2007; and

delay;

shall elapse until such vessel shall actually proceed to sea on her voyage with Her Majesty's mails on board in the performance of this Contract.

And in case any vessel employed or to be employed in the 2001. for every day's performance of this Contract shall, in breach of this Contract, not start or shall delay starting at the appointed time, or shall put back or return into port after starting, or shall stop or linger on her voyage, or shall deviate from her direct course (except from stress of weather or other unavoidable circumstance), without the sanction in each and every case of the officer authorized to have the charge of the said mails, then and in each and every of such cases, and as often as the same shall happen, the said Company shall forfeit and pay unto Her Majesty, her heirs and successors, the sum of two hundred pounds, and also the further sum of two hundred pounds for every day during which she shall not start, or shall delay starting, or shall remain in port, after any such return thereto; but nevertheless so that the said Company shall not in any case be liable to any penalties under this Contract if the default be proved to the satisfaction of the said Commissioners to have arisen from cir- cumstances over which the said Company and their servants had not and could not have had any control.

and as to when Com- pany not liable to Penalties,

Officer may survey vessels, &c., and de-

That every naval officer authorized to have the charge of ficiency to be remedied the said mails shall, either alone or with such other persons as under penalty of 2004, he may consider necessary, have full power and authority, as often as he may deem it requisite, to examine and survey, in such manner, and with the assistance of such persons as he may think proper, any of the vessels employed or to be employed in the performance of this Contract, and the hulls, machinery, equipments, and crew thereof, on his giving reasonable notice in writing to the master for the time being of the vessel about to be examined, or to the person acting as such, of such his intention; and if any defect or deficiency be ascertained, and notice thereof in writing be given to such master or person, and if the said master shall not immediately or as soon as possible thereupon remedy, replace, or effectively repair or make good every such defect or deficiency, the said Company shall in every such case forfeit and pay to Her Majesty, her heirs and successors, the sum of two hundred pounds; but the payment of such penalty shall not in anywise release or discharge the said Company from remedying, replacing, or effectively repairing or making good such deficiency or defect, or from being considered to have committed a breach of this Contract.

Admiralty or agents may survey vessels, &c., and if vessel un-

seaworthy, and altera-

tions required, not to be employed until alterations, &c. made to

satisfaction of Admi-

raltý, under a penalty

of 5001.

And that the said Commissioners shall also have full

power, whenever and as often as they may deem it requisite, to survey, by any of their officers or agents, all or every the vessels employed and to be employed in the performance of this Contract, and the hulls thereof, aud the engines, machinery, furniture, tackle, apparel, stores, equipments, and the officers, engineers, and crew of every such vessel, the said vessels to be

114

Company and their

agents, &c. to attend

to orders of Admiralty

&c. mails.

opened in their hulls whenever the said officers may require; and if any such vessel or any part thereof, or any engines, machinery, furniture, tackle, apparel, boats, stores, or equip- ments, shall on any such survey be declared by any of such officers or agents unseaworthy, or not adapted to the service. hereby contracted to be performed, or if the said Commis- sioners shall deem it necessary or expedient that any alteration or improvement shall be made therein or any part thereof, in order to keep pace with the more advanced state of science, every vessel which shall be disapproved of, or in which such deficiency, defect, or want of improvement shall appear, shall be deemed inefficient for any service hereby contracted to be performed, and shall not be employed again in the conveyance of Her Majesty's Mails until such defect or deficiency shali have been repaired or supplied, or the alterations or improve- ments, as the case may be, shall have been made to the satis- faction of the said Commissioners; and if employed before such defect or deficiency shall have been supplied, or such altera- tions or improvements, as the case may be, shall have been made, to the satisfaction of the said Commissioners, the said Company shall forfeit and pay to Her Majesty, her heirs and successors, the sum of five hundred pounds.

That the said Company, and all commanding and other officers of the vessels to be employed in the performance

or officers as to landing, of this Contract, and all agents, seamen, and servants of the said Company, shall at all times during the continuance of this Contract punctually attend to the orders and directions of the said Commissioners, or of any of their officers or agents, as to the landing, delivering, and receiving Her Majesty's mails.

On requirement by Admiralty or agent a limited number of

officers in the Navy

Army, or Civil service,

with wives, &c., to be

received on board as chief cabin passengers;

and of non-commis- sioned and warrant

officers, with wives, &c., as fore cabin passen-

gers, together with servants;

and of seamen, ma-

rimes, soldiers, or

artificers, &c. as deck

pro-

That the said Company shall and will, when and as often as in writing they or the masters of their respective vessels shall be required so to do by the said Commissioners, or by such naval or other officers or agents acting under their authority, (such writing to specify the rank or description of the person or persons to be conveyed, and the accommodation to be vided for him or them,) receive, provide for, victual, and convey to and from and between any of the places to which any of the vessels are to proceed in the performance of this Contract, on board each and every or any of the vessels to be employed in the performance of this Contract (in addition to the naval officer authorized to have charge of the said mails), any number of naval, military, and civil officers in the service of Her Majesty, not exceeding eight in any one ship, with or without their wives and children, as chief cabin passengers, and any number of non- commissioned and warrant officers, not exceeding four in any one ship, with or without their wives and children, as fore cabin pas- sengers, together with the servants of both chief and fore cabin

passengers, and any number of seamen, marines, soldiers, or artificers in Her Majesty's service, not exceeding ten in any one. passengers, with effec- ship, with or without their wives and children, as deck passengers, to be always provided with effectual protection from rain, sun, and bad weather, and not exposed on deck without such com-

tual protection from

rain, &c.

Company also to convey between Eng

land and Alexandria additional military officers and soldiers, wives, &c., not exceeding & officers and 40 men.

Commissioned officers &c. chief cabin pas- sengers.

Non-commissioned

petent shelter, due notice being given, if practicable, to the said Company, or to their agent at the port of embarkation.

That the said Company shall in like manner, and whenever and as often as required, as aforesaid, in addition to the passengers hereinbefore mentioned, also cause to be conveyed, provided for, and victualled, between England and Alexandria, on board the said vessels, any number of military officers and soldiers, with their wives and children and servants, that shall be required, not exceeding 8 officers and 40 men in each vessel.

That commissioned officers, their wives and children, shall be considered as chief cabin passengers, non-commissioned, and war- rant officers, their wives and children, as fore cabin passengers, Officers, &c. fore cabin and seamen, marines, private soldiers, artificers, and their wives and children, as deck passengers, and the said servants (in respect of accommodation) as the servants of chief cabin passengers.

passengers. Seamen, &c. deck passengers.

Each field and naval officer allowed 90 cubic feet measure- ment for baggage not exceeding 18 cwt.

All other officers 60 cubic feet not exceed- ing 12 cwt.

Engineers same measurement, but to extend in weight to 27 cwt. for field offi- cers, and 18 cwt, for other officers.

Soldiers of Artillery and Sappers, 6 cubic

feet each for baggage. Married officers, when

accompanied by wives or families, further allowance not ex- ceeding that before mentioned.

Field pieces for

Artillery to be re- ceived on board, and

to be brought to England free.

That each field officer, and every naval officer of equal or superior rank, shall be allowed ninety cubic feet of space in measurement for baggage, provided (except in the case of the Royal Engineers) such allowance shall not exceed eighteen. hundredweight in weight, and all other officers in Her Ma- jesty's naval and military service, and officers in the civil ser- vice, sixty cubic feet each, and that (except in the case of the Royal Engineers) such allowance shall not exceed twelve hun- dredweight in weight.

That the Royal Engineers shall be allowed the same measure- ment, but to extend in weight to twenty-seven hundredweight for field officers, and eighteen hundredweight for every other officer of the Royal Engineers.

That soldiers of the Royal Artillery, and Sappers and Miners, and their wives, shall be allowed six cubic feet each for bag- gage, and all married officers, when accompanied by their wives. or families, a further allowance not exceeding one half of that before mentioned, according to their rank and corps.

That for every company of the Royal Artillery embarked there shall be conveyed, free of all charge, the proper pro- hammocks and bedding portion of light field pieces and ammunition, if required; and that any hammocks and bedding which may be sent out for the use of troops or other persons embarked shall be placed in charge of the officer authorized to have charge of Her Ma- jesty's mails, and be brought back to England, if required, free from any charge for freight.

As to victualling of Admiralty passengers,

That the victualling of officers, their wives and children, conveyed as chief cabin passengers, shall be the same as is usually allowed by the said Company to chief cabin passengers,

115

Rates of passage money which is to

be in full for mess, wines, &c. and what the mess is to include.

Children under 3 carried free, male servants, female servants & rates for employers.

Certificate for passage money.

Passage money for families and wives of

officers to be paid by officers, and what the

rate is to be.

their wives and children; the victualling of non-commissioned officers, their wives and children, conveyed as fore cabin passengers, shall be the same as is allowed to the boatswain and carpenter of the said Company's steam ships; and the victualling of seamen, marines, soldiers, and artificers, their wives and children, conveyed as deck passengers, shall be the same as is allowed to the seamen of the said Company's steam ships; and the victualling of the servants of officers, whether chief or fore cabin passengers, shall be the same as the servants of other chief and fore cabin passengers.

That the passage money shall be paid in full of all charge for mess, including a pint of port of good foreign white wine and one bottle of malt liquor per day for each officer conveyed as a chief cabin passenger, and half a gill of spirits per day, or an equivalent, if not issued, for each warrant officer, non-com- missioned officer, seaman, marine, soldier, artificer, and servant conveyed as a fore cabin or a deck passenger, at and after rates amounting only to two thirds of the rates charged by the said Company for ordinary passengers of a similar description, the said Company carrying children under three years of age free, and charging for male servants one half, and for female servants two thirds of the rates charged for their employers.

That the payment for the passage ordered at the expense of the public for any person shall only be made on the produc tion of the order for the passage, and of a certificate from the person, in the following form, viz. :

"I hereby certify, that on the

packet

I embarked

as a passenger on board the mail steam for passage to

and landed

on the

To this certificate the following addition is to be made in every case of a male cabin passenger, viz.:

"I further certify, that the first dinner meal taken on board was on the

and the last dinner meal on the

day of

"Dated this

And the correctness of the dates must be corroborated by the master of the packet, adding underneath the passenger's sig- nature,

"The dates inserted in this certificate are correct.

(Signature.) "Master of the Packet.'

That the passage money for the families and wives of officers shall be paid to the said Company by the officers themselves, at rates never exceeding two thirds of the rates charged for ordinary passengers of a similar description, their children under three years of age being conveyed free of charge.

Passengers, exclusive of men under 11 G. 4.

c. 20.

All soldiers as deck passengers to have adequate protection from rain, &c.

Sums forfeited to be stipulated damages, and may be deducted or enforced as a debt

to Her Majesty.

As to deductions from service money to be

wise conveyed from accident to any con

tract vessel.

That the passengers herein-before mentioned or referred to are to be exclusive of any men to be sent home under the pro- visions of the Act 11 Geo. IV. c. 20, the rate of passage for whom is to be and to be paid for in accordance with the pro- visions of that Act.

That whenever the said Company shall convey any soldiers as deck passengers, other than those specially provided for by this Contract, the said Company shall provide them with ade- quate protection from rain, sun, and bad weather, and they shall not be exposed on deck without such competent shelter.

That all and every the sums of money hereby stipulated to be forfeited and paid by the said Company unto Her Majesty, her heirs and successors, shall be considered as stipulated or ascertained damages, and shall and may be deducted and retained by the said Commissioners out of any monies payable or which may thereafter be payable to the said Company, or the payment may be enforced as a debt due to Her Majesty, with full costs of suit, at the discretion of the said Commissioners.

That in the event of any accident occurring to the hull or made if mails be other machinery of one or more of the said contract vessels, arising from circumstances over which the said Company and their servants had not and could not have had any control, and that in consequence thereof the mails should be carried on or con- veyed by any of Her Majesty's or of the East India Company's vessels, a deduction or abatement is to be made from the contract service money at the rate of six shillings and two- pence per nautical mile while the annual payment is one hun- dred and ninety-nine thousand six hundred pounds, and at the rate of five shillings and sixpence per nautical mile while the annual payment is only one hundred and seventy-nine thousand six hundred pounds, for the distance which the mails may have been so conveyed, such distance to be ascertained and deter- mined by the hydrographer of the said Commissioners, or such amount shall be recoverable as a debt due to Her Majesty, with full costs of suit.

Small packages to be received on board as directed by Admiralty,

charge.

That the said Company shall and will receive on board each and every of the said vessels employed in the performance of and conveyed free of this Contract any number of small packages containing astro- nomical instruments, charts, wearing apparel, medicines, or other articles, and convey and deliver the same to, from, and between all or any of the said ports or places to or from which the said mails are to be conveyed in the performance of this Contract, and also convey across the Isthmus of Suez such packages, when and as often as directed by the said Commis- sioners or their Secretary as respects articles which may leave England, and as respects other articles conveyed when and as often as directed by the British naval officer in command at any port where the vessel may touch, free from all costs and

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identiteta tipa pa

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Limited quantity of

and delivered at rates

as for private goods on 2 days notice.

charges; and also shall and will receive on board each and stores to be conveyed every of the said vessels, and convey and deliver to, from, and between all or any of the said ports or places, any naval or other stores, not exceeding ten tons in weight at any one time in any one vessel, at the rate of freight charged by the said Company for private goods, on receiving from the said Com- missioners, or any of their officers or agents, two days previous notice of its being their intention to have such stores so con- veyed; and that the said Company shall in all cases be strictly responsible for the due custody and safe delivery of the said packages, articles, and stores.

Admiralty at liberty to alter times of de- parture of vessels on

timely notice, but not to necessitate employ

ment greater num- ber of vessels.

Payments to Com

pany for services.

That if at any time or times during the continuance of this Contract the said Commissioners shall deem it requisite to alter the particular days, times, and hours of departure from and arrival at all and every or any of the ports or places to or from which Her Majesty's mails are to be conveyed under or by virtue of this Contract, they shall be at liberty, at any time or times, or from time to time, to alter the days and hours of de- parture and arrival, on giving a timely notice in writing of such their intention to the said Company; and the particular days, times, and hours of departure from and arrival at all and every or any of such ports or places which may be appointed by any such alteration in force for the time being shall be deemed to be the days, times, and hours of departure and arrival of Her Majesty's mails under this Contract, and shall be observed and kept by the said Company accordingly: Provided always, that such alteration shall not necessitate the employment of any greater number of vessels than that herein-before specified. And in consideration of the due and faithful performance by the said Company of all the services hereby contracted to be by them performed, the said Commissioners do hereby agree that there shall be paid to the said Company, so long as they per- form the whole of the said services in the manner and with such vessels as herein provided, by bills at sight, payable by Her Majesty's Paymaster General, a sum after the rate of one hundred and ninety-nine thousand six hundred pounds per annum, by equal quarterly payments, and with a proportionate part thereof should this Contract terminate on any other day than a day of quarterly payment; to be subject, however, to the abatement of any deductions or forfeitures which the said Company may have incurred, as herein provided: Provided always that from and after the expiration of six calendar months from the day on which the railway now constructing or which may be constructed across Egypt shall be opened for public conveyance between Alexandria and Suez, there shall be paid to the said Company, so long as they perform the whole of the said services as aforesaid, a sum after the rate of only one hundred and seventy-nine thousand six hundred pounds per annum, in quarterly payments, in lieu of the said sum after the rate of one hundred and ninety-nine thousand six hundred pounds, aforesaid. And it is hereby agreed that in the event of the said vessels being ordered by the said Commissioners to leave

Compensation to Com- any port or place in the United Kingdom instead of Southamp-

pany if any other port

of leaving than South. ton, in performance of this Contract, the said Company shall be ampton to be settled entitled to receive compensation for the additional expense by arbitration in case which they shall necessarily be compelled by such order to

of difference.

Admiralty may pur- chase or charter vessels at a rate to be settled

of difference.

incur, and for the diminution of receipts which shall be occasioned thereby; and in case the said Commissioners and the said Company shall not agree as to the amount of compen- sation that is due to the latter, the matter shall be referred to two arbitrators, one to be chosen by the said Commissioners, and the other by the said Company, and in case of a difference of opinion between such arbitrators to an umpire, to be chosen by such arbitrators before they proceed in their reference, and the joint and concurrent award of the said arbitrators, or the separate award of the said umpire when the said arbitrators cannot agree, shall be final and conclusive. And it is hereby agreed that the said Commissioners for executing the office of Lord High Admiral shall at any time during the continuance of this Contract, if they shall consider it necessary for the pub- lic interest, have power and be at liberty to purchase all or any of the said vessels at a valuation, or to charter the same ex- clusively, for Her Majesty's service, at a rate of hire to be mutually fixed and agreed on by them and the said Company; but if any difference should at any time or times arise as to the amount of valuation or hire so to be paid, such by arbitration in case difference shall be referred to two arbitrators, one to be chosen from time to time by the said Commissioners, and the other by the said Company, and if such arbitrators should at any time or times not agree in the matter or question referred to them, then such question in difference shall be referred by them to an umpire to be chosen by such arbitrators before they proceed with the reference to thein, and the joint and concurrent award of the said arbitrators, or the separate award of the said umpire when the said arbitrators cannot agree, shall be binding and conclusive upon

all parties; and that the said Commissioners, in the case of hiring any such vessel, shall return the same to the said Company in the same state and condition as she was in at the time of any such hiring, reasonable wear and tear excepted; and if any difference should arise upon that point the same shall be settled in the same manner as the amount for the hiring is to be settled in case of difference. And it is further agreed, that in case of such purchase or hire the service hereby con- tracted to be performed shall be performed by other vessels of the Company of a similar description to the vessel or vessels purchased or hired, if they can in due and proper time furnish them, such other vessels, as to construction, machinery, equip- ment, and crew, to be subject to the same approval as other vessels employed under this Contract; and in the event of the said Company being allowed by the said Commissioners to continue to perform only a portion of the service, there shall be paid to the said Company such annual sum of money as shall be agreed upon by the said Commissioners and the said Company, and in case of their differing as to the amount the difference to be settled by two arbitrators, or an umpire, to be

In case of purchase or hire Company to per- other vessels, subject to Admiralty approval.

form the service by

If part of service only be agreed on or settled

performed, amount to

by arbitration,

116

117

tion may be made a rule of Court of Ex- chequer,

If mails stopped through Egypt Ad-

All postage at disposal of Postmaster General,

for 8 years, and then

tract to continue after

notice.

Submission to arbitra- chosen respectively as aforesaid. And it is

And it is agreed, that any sub- mission which may be made to arbitration in pursuance of this contract shall be made a rule of Her Majesty's Court of Exche- quer, pursuant to the statute in that case made and provided, and that any witnesses examined upon any reference may be ex- amined upon oath. That in the event of an entire stoppage of miralty to determine. Her Majesty's mails through Egypt, such circumstances shall be investigated by the said Commissioners, in order that the said Commissioners may come to such determination as in their opinion the circumstances of the case may require. And it is hereby agreed, that the whole postage of all mails, despatches, and letters of every description conveyed in the vessels employed under this Contract, whether carried from or out of Her Majesty's domi- nions or otherwise, shall be at the disposal of Her Majesty's Post- This Contract to com- master General. And it is hereby agreed and declared, that mence 1 January 1853 this Contract shall commence on the first day of January determine if 12 months one thousand eight hundred and fifty-three, and shall continue notice have been given. in force for eight years, and then determine, if the said Commis- sioners shall by writing under the hand of the Secretary of the Admiralty for the time being have given to the said Company, or the said Company shall have given to the said Commissioners, twelve calendar months' notice in writing that this Contract If no such notice, Con- shall so determine; but if neither the said Commissioners nor 8 years until 12 months the said Company shall give any such notice, this Contract shall continue in force, even after the said term of eight years, until the expiration of a twelve calendar months' notice in writing as aforesaid, which may be given at any period of the year by either of the parties hereto to the other of them, and which last-mentioned notice may be given at any time after the expiration of the first seven years of this Con- And it is hereby distinctly understood, that the said Company shall undertake for themselves all arrange- ments relative to quarantine as connected with the due and regular performance of the conditions of this Contract. And it is hereby further agreed and provided, that, without the consent of the said Commissioners, signified in writing under the hand of one of their Secretaries, neither this Contract nor any part thereof shall be assigned, underlet, or disposed of, and that in case of the same or any part thereof being assigned, underlet, or otherwise disposed of without such consent signified as aforesaid, or in case of any breach of this Contract on the part of the said Company, their officers, agents, or servants, in any respect, and whether there be or be not any penalty or sum of money hereby made payable by the said Company for any such breach, it shall be lawful for the said Commissioners for executing the said office of Lord High Admiral (if they think fit, and not- withstanding there may or may not have been any former breach of this Contract), by writing under the hand of one of their Secretaries for the time being, to determine this Contract, without any previous notice to the said Company or their agent, nor shall the said Company be entitled to any compensation in consequence of such determination; but even if this Contract be so determined the payment of the sum of money hereinafter

Quarantine arrange- ments to be undertaken by Company.

Contract not to be assigned, &c.

In case of assignment

or breach, Admiralty may determine Con-

tract without previous

notice or соmрепка- tion.

tract.

As to service of notices.

agreed to be made shall be enforced, should the same be not duly paid by the said Company, and the said Company shall continue liable for any liability which they may have incurred previous to any such determination. And it is also agreed, that the notices or directions which the same Commissioners, or their Secretary, officers, or other persons, are hereby authorized and empowered to give to the said Company, their officers, servants, or agents, may, at the option of such Commissioners, or their Secretary, officers, or other persons, be either delivered to the master of any of the said vessels, or other officer or agent of the said Company in the charge or management of any vessel employed in the performance of this Contract, or may be left for the said Company at their office or house of business in London. And it is hereby agreed, that the Contracts bearing date respectively on or about the twenty-sixth day of December one thousand eight hundred and forty-four and on or about the sixth day of January one thousand eight hundred and forty- nine, and respectively made between the said Company of the one part, and the Commissioners for executing the office of Lord High Admiral, on behalf of Her Majesty, of the other part, shall be deemed and be considered to remain in force until the said first day of January one thousand eight hundred and fifty-three, from and after which day the same are hereby terminated and annulled; save and except that all vessels which those Contracts to per- shall have commenced or may commence any voyage in

Contracts dated 26th December 1844 and 6th January 1849 to

1st January 1853.

All vessels under

form their voyages,

and deliver and receive mails, as if they remained in

If when this Contract terminates any vessel

shall have started, voyage to be con- tinued free of charge as if Contract remained

in force.

con-

formity with the said Contracts or either of them shall continue and perform such voyage and voyages, and deliver and receive force, without payment. the mails during the same, as if such Contracts remained in force with regard to any such vessels and services, but the said Com- pany shall not be entitled to receive any payment or compensa- tion for the same: Provided always, that if when this Contract terminates any vessel or vessels should have started or should start with mails, in conformity with this Contract, such voyage or voyages shall be continued and performed, and the mails be delivered and received during the same, as if this Contract re- mained in force with regard to any such vessels and services; but the said Company shall not be entitled to any payment or compensation for the same. And lastly, for the due and faithful 35,000l for due per- performance of all and singular the covenants, conditions, pro- visoes, clauses, articles, and agreements herein-before contained, which on the part and behalf of the said Company are or ought to be observed, performed, fulfilled, and kept, the said Company do hereby bind themselves and their successors unto our Sovereign Lady the Queen in the sum of thirty-five thousand pounds of lawful money of the United Kingdom to be paid to our said Lady the Queen, her heirs and successors, by way of stipulated or ascertained damages hereby agreed upon between the same Commissioners and the said Company in case of the failure on the part of the said Company in the due execution of this Contract or any part thereof.

Company bound in

In witness whereof the said Peninsula and Oriental Steam Navigation Company have hereunto set their corporate seal,

Spa Mala ........

ד- 15

and two of the said Commissioners for executing the office of Lord High Admiral have hereunto set their hands and seals, the day and year first above written.

Sealed with the seal of the Peninsular and Oriental' Steam Navigation Company, pursuant to an order of a Board of Directors of the said Com- pany dated 24th June 1853, and such Seal was affixed hereto in presence of three of the Directors and of me the Secretary of the said Company, and in conformity with the terms of the deed of settlement.

C. W. HOWELL, Secretary.

Signed, sealed, and delivered by the said Com-

missioners in the presence of

L. S.

JOHN JAMES.

TABLE No. I.

SOUTHAMPTON AND ALEXANDRIA LINE.

TWICE A MONTH,

DATES.

PLACES.

ALEX MILNE, W. COWPER.

(L.S.) (L.S.)

Arrival.

Departure.

Distance in

Steaming. Stoppages.

From South- ampton.

4 & 20, 2 p.m.

9 & 25, 3 p.m.

9 & 25, 9 p.m.

14 & 30, 4 a.m.

14 & 30, 4 p.m.

From Southampton

Gibraltar

Malta

Miles.

}

Coal

1172

5 1

988 4 7

18 & 4, 6 a.m.

21 & 7, 6 a.m.

Alexandria 815 3 14

12 Coal

[Co-1 13

9 14

24 & 10, 8 p.m.

25 & 11, 8 a.m.

Malta

815

12 Coal

1 2

29 & 15, 3 p.m. 30 & 16, 3 a.m.

5 & 21, 4 a.m.

Gibraltar Southampton 1172

988

4 7

Coal

5950 25

118

The vessels plying between Marseilles and Malta will meet the above steamers as follows, viz.-

Out at Malta on the 14th and 30th. Home at ditto on the 24th and 10th.

The stay at Gibraltar may be extended, if specially required by the Admiralty Agent, but such extension is not in any case to exceed 6 hours.

The stay at Malta to be limited to 12 hours, provided that the outward express Mail Packet shall have arrived from Marseilles within that period, but the Admiralty Agent may specially detain the vessel at Malta for any period not exceeding 24 hours from the time of her arrival

there.

The ordinary stay at Alexandria will be 72 hours, unless the Mail from India shall have previously arrived at Alexandria, in which case she shall leave Alexandria with Her Majesty's Mails as soon as Coals can be got on board, and the requisite repairs to the vessel and her machinery can be effected. The stay may, however, be extended, if the vessel from India has not arrived at Suez within the 72 hours, not, however, beyond 2 days in the month of February, 4 days in each of the months of April, June, September, and November, and 5 days in each of the remaining months of the year, unless the steamer from Calcutta shall be telegraphed in sight at Suez, when the Alexandria Steamer shall remain until the Indian Mails are on board.

[

TABLE No. II.

MARSEILLES AND MALTA LINE.

TWICE A MONTH.

TABLE No. III.

SUEZ AND CALCUTTA LINE.

TWICE A MONTH.

DATES.

PLACKS.

DATES.

PLACES.

Arrival.

Departure.

11 & 27, 8 a.m. From Marseilles

14 & 30, 5 am. 24& 10, midnight|

27 & 13, 9 p.m.

Malta

66010

Distance in Miles.

From

Steaming. Stoppages.

London.

Arrival.

Departure.

Distance in Miles.

Days.

Hours.

Days,

Hours.

Steaming. Stoppages.

From South-

ampton.

Coals.

Days.

Hours.

2 21

19 Coal

Marseilles

650 2 21

| |

20 & 6, & p.m. 23 & 9, 6 p.m. 24 & 10, 6 p.m. 27 & 13, 3 a.m. 29 & 15, 3 a.m. 8 & 24, noon. 10 & 26, noon. 16 & 2, 6 a.m. 21 & 7, 6 a.m. 26 & 12,midnight |28 & 14,midnight

From Calcutta

Sandheads Madras Point de Galle

Coal

116

664

Coal

540

Coal

Aden

2121 9 9 2

Coal

Suez

➡

Aden

1310 5 18 1310 5 18

¡Coal 16

[Coal 22

8 & 24, 9 a.m. 10 & 26, 9 a.m. 12 & 28, 6 p.m. 13 & 29, 6 a.m. 16 & 2, 3 p.m.

Point de Galle 2121 9 Madras Calcutta

Coal 33

540

12 Coal 38

19 *

780

Coal 42 I

1300

9502 41

The Mails viâ Marseilles will be made up in London on the 8th and 24th, and leave at 8 P.M. Sixty hours are allowed for transit through France and shipment at Marseilles.

The vessels from Marseilles and those from Southampton will then arrive at Malta at the same time.

The Steamers from Calcutta will arrive at Sucz 48 hours previous to the arrival at Alexandria

of the corresponding Steamers from Southampton.

The Steamer leaving Suez on the 21st of the month having the London Mails of the 4th and 8th of the month will be met at Galle on the 8th of the following month by the Steamer from Bombay to China, to which will be transferred the Mails for China.

The Steamer leaving Suez on the 7th of the month having on board the London Mails of the 20th and 24th of the previous month will be met at Galle, on the 24th of the same month in which it left Suez, by the Steamer from Bombay to China, to which will be transferred the Mails for China.

The ordinary stay at Suez will be 120 hours, unless the Mail from England shall have previously arrived, in which case she shall leave Suez with Her Majesty's Mails as soon as coals can be got on board and the requisite repairs to the vessel and her machinery can be effected.

The Steamers to be at liberty (from the month of October to the month of March inclusive) to touch at Cosseir in the Red Sea, both on their outward and homeward voyage, the stoppage at that point in no case to exceed 3 hours.

The Departures from Calcutta will be five days earlier in the months of May, June, and July, in consequence of the south-west monsoon.

The stay at Madras on the voyage to Suez may be prolonged 24 hours, and on the voyage from Suez 12 hours, if specially ordered in writing by the Admiralty Agent, but in no case must exceed that time.

The stay at Galle may in like manner be prolonged, in case of the non-arrival of the steamer from Hong Kong with the China and Australian Mails; the total stay must not, however, exceed 120 hours, unless the vessel with the China and Australian Mails shall be in sight.

The stay at Suez may be prolonged in case of the non-arrival of the Steamer at Alexandria to 168 hours, but no longer, unless the said Steamer be telegraphed at the expiration of that period as in sight at Alexandria.

In the event of a railway being constructed across Egypt from Alexandria to Suez and the Mails being conveyed at a greater speed than the passengers, such reasonable delay shall be allowed between the embarkation of the Mails and the sailing of the Steamers from either of the above-mentioned ports as may be considered by the Lords Commissioners of the Admiralty to be necessary for the arrival and embarkation of the passengers.

119

IWe 15299

LONDON:

Printed by GEORGE E. EYRE and WILLIAM SPOTTISWOODE,

Printers to the Queen's most Excellent Majesty.

For Her Majesty's Stationery Office.

1853.

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Enclosures to for 21 Loppos

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10 September 1853

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En Tunda gun

121

Yy. 9118 Honey Hony

George Bonhane.

7.29 L.

VINUTE, 13

858 Sup R

VE Peel Dukryf Newcash. 24.

5. Copies

Cofaces.

21 Appe753

122

Strausqich herewith, in

erder this effect may be given in Hory Hong

Koney to the

provisions of the 44 Suction

of the Ach 18217. Die . Ch: 107, Give copies of are amended Compilation which has here Incepered of the several hits

of British Copyright Works found from time to time including all Works in respect of which resteers have been received for by the

Board of Customs up to the

lash

Ot of February leth as wellen

five copies of the

Supplemeal

Alemal 21. to the

Competition in question.

9038 Hong tương REGISTER Australia

SEP. 7

18 53

and

123

Viil. Teacher prant

bin Cauphinate & No. Elist.

and with reference to hir

Application of

the 3rd bust.

has the pleasure of sanding herewith two dozen Copies

of the Agreement for the Conagance of Mails betwun this country & India Shina and

Sydney via singapore. reasing

7 Sept 1053

McElliot

Axt

Should Copies of this Agreement by sent for the information of libe

вычный

whethe

I hongkong, Malta

and New Land Walls

w.hallownsh Je

9 Reich 10-who

7.48.719

(strine.

}

12.

ورد

the

124

210575

instructed 18 Oct.

N.33.0.

8935

RECE

107410 Hong Hory. 125

C.O

NOV

1853

Trasig Chambers

му

3 November 1853.

Governor

تملا

with reference to your

for 702/527 letter dated 20th Alto, Ian diselid 8955753) by the Lords Commissioners of

Her Majesty's Treasing to request

you

will state to the Duke of

Newcastle that my

Lords will

not object to the additions made

Không không

to the establishments at Hong

for the purpose of Carrying wito

effect the recent Measure respecting Merchant Seamen.

Jamher

дам

Your Obedient Servant

Чам

висти

Peel &

〆

Jell

ד י"

Mr Merinte

The deep?, already prepared afpooing, the additions reported in the German Alop! 10.51

neay

1.5.

Hm N 4

ури

now proced.

4 Nr.

تا ميد

דיי

126

21462/

10810 tong trong

RECEIVED

NOY.

1863

127

Treasury Chambers

November 1053

Ser

I am

Согл

unded

Lords Commissionces of the r

the

Majesty's Treasury to acquaint

the

You for Bute of

information of the

Newcastle that the Lords of the Admiralty have been pleased to approve of the Contract Packets belonging

to the Pennisular and brientat

ation Company Steam Navigation

being despatched from Bombay

the 1th and 16th

unstead

the 4114420th of each beouths,

with a view

to accelerate

the English mails fro

Herman Mierivate Coque

Calcutta

Calcutta and Clunia

Jam

Lis

Your bedient Lewant

The

Merivale :

Chauge Anon

چی

do not kn

What are have anything to 80

...

helf

קניייי

128

終

16815.

7/12.

6318 xe 1200 Hồng cong

for 3230 Wong

7945.5

0200 فى

Gov 794

aus5544

for

GLAVE

6.0.

DBO.23 1863

With

129

Insasury Chambers

28th December. 1853

With referen

reference to your

letter's

of th

2. of May §. 13th Jugust last, I am Commanded by the Lords Commissioners of Her Majesty's Exeasury to acquaint you, for the information of the Duke

Newcastle, that

Lords

are of

opinion that the applications

Mr. Hillier, Chief Magistrate, & of Br Pedder, Harbour Master

Hong Kong, to be allowed to pay

the usual

annuation abatement.

frour their Salaries, may

complied with, & that these Offeiens

may

be permitted to pay up their

Herman Merivale 60%.

ہو

the manner proposed; but before they oni sauction this arrangement in respect to Mr. Pedder being carried into offert, They wish to be informed whether He receives for his services

any

remuneration

as Harbour Master in the shape.

Jees, beyond

his fixed Salary

of £600 per annum, in which case

They request that they may furnished with

Return of

the amount of such Fees received

in each

zear

since his appointment

to that situation

Jame

Ser

Your Obedient Servant

munda

130

Her Meniale

with respect to the feer recuid by the Hammer We have not the Necons of giving the informati heaster. The God-states thich Mr Pedder entered the Service in July 1841. Aur Zirh Hong Kong

Blue Book is for the year 1844- hes can

the Ration for that year

there is res

773787

ection for subsequent

Jessary?

33&an Il

Gears. Konsmch to the

denforms the

Am D23

Dunes Mufti

•Exteres.

Iron 3230

-7945 Whous Feast 122.06

каз

Sool Grevelyan KCB3

Treasmy.

MINUTE

1848 DECR

fir

MR Halkswalk 27

M&Elliot

MMerivale 28

Botany 54.

Referring to your

Pitto

Just

MDF Peel to lever of the 22 Ju

Duke of Newcas!! 30.

Jam

am directe a

the Duke of Newcaste

to acquaint you for the suformation

the Lords Counn

the Treasury that

His Grace has

instructed the

Bruft lobov ammend] Governor of thong

(Braft loser

Kong to supply

the

131

the information required by their Lordships with respect to

any

remu.

- neration in the shape

Fecs which Mr

have

Reader may received for his

Services as Marbour

Master in that

Colony beyond his fixed Fraed Salary of

#booper

£600 per annum.

Jamt.

132

'N, PA....

Joches Miot M®Merivale [6, WRF Peel/ Druking Newcral! //.

27 July 22.

Ent.

hung Sony.

15 May/54

With reference to fore

133

letter of the 22 of Buenilen

Eith Saw directed by the

Buke of huncratto to

Trummit for you for the

Lords

resoumeter of the Sout

Commissioners of the Kusan

the en

copy of a despetch from the Gonner of Hong Hong Stating that

Eur Peddler, Harbour Master and Marine Inyjistrale of

Eragistrate

the Colony, had wave received

on cunduments

beyond his fired Salary of 2600 Jer

Sales Causmuch a

.י -- - ·ו

leopy of

letter

frem der Ges. Tedder,

reporting the cleatle of

his Brother, the late

Harbour Easter, who was

have of absence in

March 25.1854.

2677.

this Coventry, and

that certami

requesting Turns of Money which best bene Jenis by this Gentle :

: than before quitting Hong

Mary

account of the

Luperannuation. Sund, say bi refended to his Pepre: sentiber and Same to

state that as the question whether Net Todder should_

be Jevrmitted to centrubute to the frend

134

tas Grevelins at the time

of his deaths, his Grace wants

Excommend the Greseal

application to this

Lorethef

Javorable consideraton.

Shave::

Colonial Land and

Emigration Commipuies

135

8430 Stong King

RECEIVED

AUG. 19

1863

Sunigration

136

ל.

Copy toled 9 Sept- N26

ith you 7987

NR. 35. 17 may

1853.

Colonial Land Emigration Office. I

19+ + August 1863.

We beg

acknowledge your

letter

the 11th instant, enclosing Despatch from the

Governn of Hong Kong respecting

and mortality

the sickness and

which occurred on

board

the Ship "Emigrant carrying

Chinese from Whampoa

to Demerara-

Herman Male

and the

ultimate

له

ultimate

that

abandonment by

her

cat ship of

voyage.

yager

was

The Emigrant chartered by Mex" Turner

O under directions

a Oo

and

from Meso Hyde Hodge

and O°; not, as

supposed

by the authorities at Hong

Kong,

under

with this

agreement

Board but

in order to obtain the

سندی

promised

Bounty, by

Colonial

Proclamation promised to the

importers of

Chinese Laborers.

She left Whampoa

the

in the afternoon of 24 th of april with (as for

can

Coolies

as certained) 350

on board.

axy

ат

was

the next day

137

day the mate

informed that

Passengers

was

one

the

dead and the

Medical Officer found

examination that the man had apparently died of

fever

and that there

board several

some

Caseo

were)

remittent type and

of a typhoid character. Before reaching Hong Kong

the 24

number

the

of april,

had

Cases

increased to 30

the

and

shotly

died.

immediately

after arrival 2 mne An enquiry

was

instituted the sick were

taken to Hospitala

shove;

the

ово

and

th of may

про

it would

seem

that yo

persons

persons had been thus sent

whom 63 were

and

6 had

to Hospital of fever

Cases

terminated fatally. Up to the

wao

the the number

ти

increasing

disease becoming malignant -

day

and

of patients

the

and on

10 new cases

to Hospital.

were

that

were sent

The Coolies

becoming very

much

discontented and excited

مة

well

(it may

from this

many of

Cause

them

be supposed)

مه

were

because

deprived

their customary use of opeim, and, (as they stated) had been misinformed

The terms of which they for

مه

the contract

some

person

persons for

138

whom

they

had

been substituted) had

signed. Under these circum

stances it appeared that

the

гограде

could not

safely prosecuted and it

acendingly

was

abandoned.

A searching enquiry,

however, had meanwhile been instituted into the

treatment which

the

their

Emigrants had received both before and after embarkation.

The Committee

was

composed of

of Enquiring the chief Magistrate-

the Harbour Master- the

Colonial Surgeon

and two

~ther medical men- and

the Emigrants

a number

wvere

וי

camined by

I were

exa

the

Official interpreter Ms.

Caldwell

5. Although

the

arrange

¡ments

were

some

respects

defective

and the Officers

appear not to have enforced

cleanliness and order with

sufficient vigour

the

Committee state that Messz

Jurner

and Oe, the

Charterers- appeared to

"have been

desirous

"that nothing should be

wanting

very

their

part

and the health and

the

"comfort of

passengers"

the foverna

abserves

upon

their kind and liberal

1397

intentions" and

they appear

and

to have acted frankly

at once

suggestions of The

case

all

the

the authorities,

therefore may

Considered merely

furnishes

ого

guide for the

the

future conduct

emigration.

The sickness is

ascribed by the Committee

to the crowded state

Ship- the

state of want of

the

sufficient ventilation- the un cleanliness

the Coolies-

the omission to bring

the

people from time to time on deck - the change of.

air

(which

said

intentions

frequently

...

frequently to produce fever

and

Vessels leaving whampoa)

among

diet- and

and finally

those who were

addicted to opium eating,

the sudden discontinuance

that indulgence.

And

these opinions

the

Committee found various

suggestions applicable

some

to the case

Dome

།

leas cheated and

deceived by the Chinese

9 140

Agents employed to collect

them i

and

This point

that some

it is evident that

precautions will be

the renewal of

emigration.

First,

Conveyance of

necessary

as to the the Emigrants.

at the present moment the most important or at least the most pressing question raised by the Committee

the

merely

the "Emigrant-

generally

to the conveyance

Chinese.

The examination

nation of

the Coolies

also elicited

respects for the

the fact that several

them

were

emigration

unfit for

and that many

not all had been move

space allowed passengers.

space actually

was

12 feet but

Committee express

opinion

The

allowed

the

their

that bearing in

jrmina

*10

141

" mind the unfavnableness

"of

the Season" (The South West Monsoon having then commenced) and the

probable length off

voyage

the

consequence,

the

space allotted for each Cooly should not be less than 15 superficial feet: Jr Morrison elsewhere expresses his opinion that

the space

too

small

sickness

part to

raises

the

allowed was

and

the

ascribed in

crowding, this

over c

doubt whether

Soverna of Hong Kong

could properly

be instructed

to give effect to the act

Parliament which

nables

him to reduce the

space

арас

space required for Orientalo sailing from

from that port to

12 feet per adult.

9. We think, however, that the present case

does not afford sufficient reason for enforcing the

larger

allowance

Considering that

Cases

of space.

several

of fever broke out

before the Vessel had been

hours at

Sea it

appears

impossible to suppose that the crowded state

Vessel had

the

any

thing

do with the commencement

the disease.

And it

is remarkable that the disembarkation

number

the Emigrants of a large

had

13 142

had

sout of effect in

checking its progress. It is

indeed true that the

history of

last

years

emigration

at one

time appeared

indicate that the larger

space

was

requisite the

Australia" (where that

space

was

allowed having

been the first ship which reached the West Indies

without

great loss of life

But since that time two

Chinese Ships have arrived in Trinidad in

which

12 feet only

allowed the "Lady dlna

and the "Clarendon

Hastings In the former

the mortality.

extran dinary

was not extr

and

[

in the latter it remarkably

was

small being

even less than in

Australia. Finally

the

have already observed that although from

the

Continual recurrence of

Cholera considerable loo

life has

occured in

the Calcutta Cooly

many of

Ships, yet

the health

health of

the emigrants constantly

improved during the voyage from that fout (shewing that no

самое

continuing disease was at work)

while in the Madras

in which

Emigration, such exceptional

mortality

Cause

то

occurred the

average

143

average

amount

was

mae

deatho

than 2.31 per

cent

are

From these reasons we disposed to

believe that

the

all owan

12 feet-

with

proper precautions

to ventilation, cleanliness

and exercise

would be

sufficient during any period

↑

the

yyear

and

certainly

that it should be at

present allowed during the

prevalence of

East Monsoon.

71.

the noth

An this point

should be most anxious to

receive the Duke

instructions

مه

Newcastle

His fraces

decision will very materially

affect

affect the rate at which

may

Vesselo

be able to take

indeed might

charter

any

on terms

terms to

make it impossible to

which the West India

Colonies would

12.

consent.

The other points

suggested by the Committee

in respect to the

Emig anto are of migrants

matters

conveyance

prenapally

detail. Omitting

those that have reference

to the

special case

"Emigrant" they

are

the

to the

effect that ships leaving China during the South

West Monsoon shoved

provisioned for 6 months- that various arrangements

of convenience showed be -made in the fittings - and provision made

appointment and Cooks

by the

headmen

barbers for

and barbero

the discipline of

the people

for their washing. for airing

themselves and

their bedo-

cleaning the decks

that the

and

Cooking

-tea

and other

provisions

regulations

ocale

of provisions

be pooted up in Chinese

and that the Captain

should be instructed

of the Emigrants

their treatment

their

and

as to

fif

necessary), punishment through

their Countrymen.

13.

With regard to the

Emigrants the

selection of Emigrants

Committee consider

inevitable

inevitable (as it clearly is)

144

that this should be carrica

through Chinese Agents. Nor would it be possible

guard against

amount

a certain

abuse

transactions between parties whom each is probably

anxious to ov

to overreach the

other the

a gent by

aguit

intercepting part of

payments

due

the

The

the

Emigrant- the Emigrant by

absconding when he has

received

advances.

case it

statements

are

his

any part of

In the present

would

seem

(if

the

the Emigrants

to be believed) that they had misapprehended

the

date from which their

wage's

wages

were

run

the

been cheated

part of

and had

greater

their advances that

clause promising a back

passage after

کا

aro had

years

been interpolated into their

agreement

and finally

that few knew where they

wvere

going

number

the

and

large

ber were not willing to

Demerara. Considering

circumstances

which this

under

question

was

to them it is rather

put

surprising

that

should

апез

have been ready to proceed than that the majority should have been unwilling. But the examination proves the necessity (as suggested by the Comm

the Committee) of

instituting

145

enquiry,

the

under the supervision of

Emigration Officer, into the

each of

Circumstances

person emigrating, and ascertaining whether he

hav.

really consented, with understanding of

what

he is about, to emigrate

to the West Indies

termo

contained in

indenture.

the

his

The Committee

also suggest with foverno

Barkly) that

oquim caters

should not be selected for emigration there being plenty of persons ready

who

are not infected

with that vice.

And they

suggest the necessity of sending females. On

Can

only

add

ош

this

Con cuirence

Con currenc

tions

and

in both sugges

отил

satisfaction

at perceiving that they do

not

treat

the latter as

impracticable.

14.

It will

form part of

course

W whiteo

duries to give effect to these suggestions (which indeed

he has in

anticipated)

great

at measu

པ།

modification of

such a

them

ала

shall

most practicable. And

146

add that it appears from

Mo whites letter

the

дов

April 1853 (Correspondence relative to emigration of

Chinese Coolies pp. 136-138-139 that two Interpreters who

were

engaged

go by

the

Emigrant to Demerara and Irinidad respectively will have been left at Hong Kong.

will probably

W white

le ave

England at the beginning

appear

with this view

shall

unless the Duke

Newcastle

should disapprove that

Course

communicate to him

the Committee

copy of Report befores he leaves

England.

We have only

add

next month it

would

these

be advisable that,

реготно

have not left the

Colony, they should be

detained

when

till his arrival

come

aurangement

may

Lav

147

may

be made

forwarding

them.

Love

for

We have the houn to be

Sir,

Your obedient

Humble Servants,

MC&Mudoch Reduci Rogers

I think there is suffe

sufferient experience of the working of

tigation carried on where The reale opp 12. for for head to

terrent an

wutherity & the Horner of King Kong, & adept That - Wale... at my Inter for

The present __ but as it is tem What? other cancer besides want. of space. Mibitate agonist the healthiness of hospiciat evigation He should be cautioned to watch

Carefully alt- third cancer and procraper to refuse. his sanction t

The reduced state in cases where

Are precaution.

we not on

21.

витая

should establish 12 fut for this formsent

пре

andr

If Experimen shoutal

криста

H. went are

былай

Consider that span

Now sufficient

nadequat, the much con

Large

tidian experince

Experiment

ораси

I attend; have the

futty

China. 7. H. 20 august.

the line cum foren conclusives to het by de then 13: Geneve Papel fours pathetic alf 55 they say "the Caunde bat print rate that the onlyship to whit the mortality w

was Moderate, was

Thes That in

Engagements both the Brand Secured a large space.

When the

(15 suprisinil fut fer adult) forthe papenger fland

"brand". Aschwered run secar that they attail

19 Reyt

Cep importance to span then they died hen

们

a four

linting their Superle, Include the Achfurte

Leper hagh

ase of and the.

المسمى

Redna M. space a Angram Sepch

thence from

15 to 12 Superficial

feet, then can be done Commiteelly with the

bonnagi Check Wt.

hor sit ben altered the

Proved an abi

Hhhote

Стиваход,

Grindamen

kan His pare

te some inseren

Langnation from

will le sandword inferhritte, ich

reguiment of is fath

enforced

Han H. Jorn

Jshould

Suggesting

J. 20 I.

148

Miscellaneou

Offices.

Miscellaneous Offices

ly chong trong

IN. 8

853

leopy to Algante (anse in augh) 18 dai/53

вору

149

45 Parhancient Sheet

7th January

1853

With reference to

letter

успи

of the

291 of

Avember 1851, tonny Reply of

the 20th of December 1857 and to subsequente respecting certain teachining

Correspondence respecting certèni

for the Basin at Hong Kong, I beg

enclose Mepes Hudens Account

Мерн

Liyo

10.

تا

for the Articles supplied, and

would subent that the

перису

creepenny Steps

be taken fr perping the besmet

ра

H. Merweile lepe

bebe..

Jams, Sei

уисления д. для

IMer Elliot.

Request the

Jor these

Agent

ring to Jeny the Bill

Machiner

8 Jan: &

7.41

Self

7:10.

...

1501

150

عيد

}

You

8876 4623.

Cod Sebb 137 Mong

George Baillie, koy

Agusheel for room Coloria

двуств

MINUTE

1853 JANY

Mr Halkmonth in

Ronnie 12

Peel 14 DakedBewcast! /5.

Mladen's

سنا

own

fir

Jam

151

18/04/07

Lam directed

by the Duke of Newcastle to transmit to you the accompany the

Are

the

Copy of a Letter from the Chairman of Directors of Prisons,

with

an account

10.0

( amounting to kr10. from the Messrs Kaden of Trowbrigge

for a

and

Treadwheel other Machinery

supplied

supplied by them

The use

for

othe

Tail at Hong Kong

and

Jam to desire

سمل

you to pay to the

Mess' Haden the

then Bill

amount of for the Articles in question:

ин

Copy to Governor for enfouine Staffy

Wf avish for 3473

ngoi Hong trong

152

RECEIVED

MAR 30 Office of the Committee of

1853

Privy Council for Trade

29th March 1833

1994

Ser

...

directed by the Lords of the

Committee of Privy Comcil for Tade to acknowledge the receipt of your

・・

бога

Letter of the 16th wel requesting My Lords Opumon

Ordinance Mb of 1852 poked by the Legislature of Hong Kong Desertion and the

for the prevention of Desertion

better regulation of aMerchant Seamen

in that Colony and on the observations

made upon it by the Superintendent of

Trade at Hong Kong.

Norman Merivale

вод

Wish

Jh...

Colonial Office

}

Weth regard to Dr. Bownings

Correspondence and the punted

Copy of the Ordinance as originally proposed which is miclosed in his letter to Lord

Malmesbury, I am to observe, that Clause

III in that Copy as well as that part. of Clause VIII in the same Copy which imposed Fee of one Dollar on every

every` ` Seaman discharged, being the provisions to which his objections funicipally, if not

exclusively, apply are omitted in the Ordinanced" as prally passed and that the "Representatives of Foreign Nations; who, Dr Bowring" "thinks, might caird diffethes, have been consulted and

oneur

in the bidmance as it now stands.

My Lords are however of Opanion

that there are koo point in which the Ordinance still requires Amendment.

HBy

153

By Clause & the Harbour Master

is authorized to charge

for every

a fee of One Dollar Seaman Shipped. This fee

is in the prot instance to be "paid

of the Thip,

The Master

and he is

to deduct it from the Seamen's wages, There fees are by the 15th Clause made applicable to the threefold purpose of keeping up the establishment necessary for the purpose of the Act, ofmankening

Water police, and of Relieving sick xkamen.

It appears to my Lords to be at the least extremely doubtful whether it is post to

apply Kes taken for shipping Teamen to

any except the first of these objects, and they suggest that the Ices Fees

should be fixed at such an Amount.

as may

be necessary for this purpose

only

F!.

Lampą

only.

It further appears to them, that the whole of the Ice should not be

deducted from the Seamens wages. The

ру

-object of the Ordinancer's hoofold;

4 to benefit the Ship owner by checking Desertion, and to protect the Seaman from Extortion ; and there is no reason

therefore why the Seaman alone should bear the whole expense – For Quebec, where a similar Law is in operation, the whole Fee (57) is paid by the owner, and in this Country under the Mercantile Marine Act one half the Ice is paid by the Owner and one half by the Seaman Under these circumstances

My Lords recommend that the eltaster

be authorized to deduct one half only of the Irepaid (whatever the amount

be) from the Seamans wages

may

The

The second matter

154

which I

am to observe is that part of Clause

✓ which requires

requires every

Seaman who

Ships at Hong Kong to deposit his Certificate of Discharge from:

his last Ship with the Starbour

Master's

This as it stands is objechonally, because it is extremely desirable that

a Seamanshould be able to carry

with him and shew on all occasions

some Document proving his various discharges The difficulty may

probably be met by requiring the Harbour Master either to stamp the

Certificate so as to prevent its being

used a second home improperly and

to return it to the seaman, or to

give him in Exchange for the n

berkficcite of Discharge

Certified

leopy of it or some other Officials

I document which would have the

effect of thewig

subsequent occasions

in what ship he had Sailed to Hong Kong and how he had left

her - Other modes of effecting the

same object might be suggested but

appears to

my.

Lords that it will.

be for the Local Authorities to

• consider in what mode it

may

effected without niterfering with the

primary purpose of the Enactment.

The Ordinance Nots of 1850-

referred to in Clause III of the

Ordinance

JHZ

155

Ordinance has not been sent to

this Department

Subject to the above Observations

Lords

see no objection to the confirmation of the Ordmaned

The hoo printed Inclosures

contained in

your

letter

are returned

I am

Your Obt Servant

J. Emenis Temmert

Mr. Meinale

of a copy of this Letter were referred to si G. Bonham it would elicit the

Opinion deemed

8/05.

form

19 уже жер

Top wack for 8935

18 Wcff58-33

9901. trong động.

RECE

WED

OCTH

1853

156

Affice of Committee of

Privy Council for Trade

white hall 10th October 10853

7729

Governer midten

I am

am directed by the Lords

The Committee of Privy Corneil for

Trade to acknowledge the receipt of

your

letter addressed to Sri James

Gov 8935 Emerson Tenment of the 20th Septe

last on the subject of the Hong Rong ordinance No 6 of 1852 for the prevention of desertion, and, in reply, I am to acquaint you, for the information of this Grace the Duke of Newcastle, that having perused the answer

Kenn

of the Governor of Hongtong to the

djections

an Merivale lagre

བན་་

objections conveyed in the letter from

this Committee of the 29th march."" last, My Lords see

reason

for

dissenting from the course proposed

to be taken by this Grace -

I have the honor to be

Sir,

انا

Your obedient Servant- James Worth

157

W. Merinte

I anney a draft confirming the Ordine

Individuals

158

159

до

}

you

thehong 478b King Kong f

SCEIVER WAY'S 1853

My Love Duko,

Shane

our

Grace

160

The Most Choble Duke of Newcastle. Colonial Scoretory

the.ed

under

Of though

not the honor of knowing your Trips personally, yet having been relemmended by the King of Belgians through Mr. S. Van de Weyer. The Ambassader in London to the English Government at the time when the Right Hon. Dricount Palmerston me foreign Secretary of State, and under theore Circunstances I believe, I may venture to adress to your Lordship this, letter in order to bring

Lordship's notice the infamous conduct of certain 6. B. Hillier the Chief Magistrate of Dong-Ring. Who came over to this country as his sojourn in I am told by furlough London he had associated with Some Comptots of the Miserable spies belonging to the Russian agents

in London for the sake of Calummating the brith the enost disgraceful falschood. A copy of the letter Mitten by this individual is in My possession. After having Comitted this evil

later come to mech

which would sooner or

Knowledge

and on

and knowing of course I thouca. deed pass without pursuing

ont let such a

the Calumniator before the Tribunal, the said

easy

вида

individual who is under your

161

subordination

not thus as Hillier has without punishmenć.

Lord of

d of the dishonor it will cast

Think, My

your Government, if you sanction act which the laws of every

auvilised

Olor

B. Hillier took the part to eve to Dong-Kong to prevent the forsecuting him at Low. Now Wishing to enter an action, Hillier for the injury done One, there Lindship would infinitity oblige One by your informing me, if I could take the thep of t poweedure in his absence against the Colonial Country punish severely and which the office for the reason that this individual car himself the Chief Magistrate Of Ding. King My When I communicated this matter to my friends the English noblemen in Londo of whom could believe that such a mi is really

a Colonial english Magistrate! opinion. he describes himself to be. Could, My Lord, this glorious England have such a person for her public functionary, who associate with Russian Spies to promulgate such fo and malicious reports again

berts against in Prine

ainst à Rine London the 30th

morality of all mankind reprouves and condemns. Could a man be more disgraceful the face of the earth than this? Therefore My sole defence shall be the public

opinion. Awaiting -

I have the honor to be

your respectfully Lev. Prince of armenia,

of Royal Blood? Pthe had sacuficed April 1853 fortune, life, and existence for his Coum 53. Devonshire that

Portland Place and fellow-Countrymen in Shaking off of the Russian Yoke and who now in exit- Where without intermission prosecuted by t Russian Government, spending gold and using ito mighty influence to injure the reputation in every way. Most noble Duke, would

you let such

might not the Prince

Mr. Merinle

Armonia le

informand

This Office

cannot undertake to ausunn

question's

which ought to be retriitted

fthe

legal prospepsion.

7/m May 3

す

{

4786 Horry Hong

Prince of Armenia

as/53.

MINUTE 3

No Jadis

Hi Murente

MF Peel Duke of

Newcos)?

853 MAY

"one ascertained at the

office that they Juquently corresponded th this Jusson, & have Jusys given him the

llo be opennes.

ite

by kurow him however to h a more of bad character,

-fach an impostor_-_

کو

Sam direitol by the Duke

of hewers the to achoulide_ the rinipt of your

littin

of the 30 letto _ in which

you enquire whither, in the absence of der Hellier, the Chief Magistrate of Hong Hong, you

Care take

legal protestings agawash Save this Department __

to acquaich you in deste

изнать,

this his Grace cannot

rendertaken to answer

questions of this nature,

which should properly be submitted to some Ruben

162

of the legal Possession.

Hive

ག

SIRE,

Jr 4786/55

163

A SA MAJESTÉ IMPERIALE NICOLAS IER,

EMPEREUR DE TOUTES LES RUSSIES.

Je suis assez malheureux d'avoir perdu ma patrie, pour ne pas croire qu'elle soit tombée entre les mains d'un souverain qui viole les lois les plus sacrées

de l'humanité. Voilà six ans que je ne cesse de réclamer, non pas mes terres, mais

mes diamants, qui m'ont été saisis en 1846, à St. Pétersbourg. On m'a offert

100,000 fr., on m'a même donné de misérables à comptes, comme le font des gens

insolvables. Lorsque j'estime mes joyaux à plus d'un million, vos agents m'ont fait proposer une pension de 500 fr. par mois, si je voulais renoncer à tous mes droits. Je suis trop bon gentilhomme pour marchander, et, sans débattre la valeur de mes

diamants, j'en demande la pure et simple restitution, en désirant seulement que vos

agents ne substituent pas en route de fausses pierreries.

Sire, il ne me reste pour défense que l'opinion publique; pensez au discrédit

qu'elle rejetera sur votre règne en faisant savoir que vous sanctionnez un acte

que toutes les lois punissent sévèrement et que la morale de tous les peuples

réprouve. Vos agents m'ont dit que vous pouviez faire tout sans qu'on trouve

mauvais quoique ce fût. Ce n'est point là, Sire, ce que pense l'histoire, qui heureuse-

ment a peu de faits à reprocher aux princes, dans le genre de celui dont j'ai été

victime. Je sais qu'en politique on s'alloue des Etats, mais on ne s'approprie pas

les diamants d'une famille qu'on détrône et qui formeraient pour elle l'unique moyen

d'existence, dans l'exil dont vous avez bien voulu me frapper.

C'est avec l'estime qui est due à Votre Majesté que j'ai l'honneur d'être,

Londres, 19 Oct. 1852.

(Signé)

LÉON,

PRINCE SOUVERAIN D'ARMENIE.

164J. 14

165

Let

Hond

9237 Stong Kong Era 166

RECEIVED

SEP. 16 1853

Scht r. 1953

thanks in

Iunk imebody

this tiny King

que trompt.

mouli with inte

curring Ordinansi.

waste inone than £10,000.

year by sending to that ustand

Severngus (what an бычно

discount of 2091

ни

in some of the heats,

thinks / supers of thin cons

Lars no

& luck

с Фина билив

Свет

kt.

IMA

шичшу

at a

Order an in

hightful lepr.

an absolute outrage

up in commun seus d цвет

mercial prerupte

all armer

55. Elliot Es

indation y

Anthur

CO Lindin

John Bonn

Squat D. J. I write

& in detail. M.

W Peel

14.

IL 16༦ག) officially

Bowring has a very shory

spinion on this intent, and I may

he is

right, but am al

much reused in am

as myself

mattun

amenny межу

He says that dollar are the only

синету

that maintains iti

where at H. Kong.

question

is for the deasury: hit showed the for he called oufs –uport?

Bm $23

bus hugar word. Bowsing with tous officiill 12 the buffets, and Explain fully the view to take opt, fuelchel PBB.

167

I hear this for

Hlf اور بہت

Ento.

D. Bonny 9237 Whong.

168

0. Bowring Exeter

MINUTE 40d MR Halksworthi MaElliot M&Merivale

MRF Peet

Duked Newcast

1853 OCTR

די

Siv

20bed/58

Mr. Elior having

Land before the Duke

of herausste the Letter which you addressed to hum at this wept on that

4 Ultimo respecting the fyrrency Ordenance

of throughong, Jam torequest you to have

the

goodulss to

favor his pace with; Official and detailed

statement

Egulations Volume. P. 16. Scan find no other the Gunany

state this Mjeld

حمة

to the Moriname more,

Recups them to the Treasury. Off

fully and

statement of your

views

that budget Janets

169

池

12233 trong trong

DEC 24 1853

Я ваши

Cirr

22. Der 1853

athen.

deem

170

hert Clavenden

I will

ettes with bum that

to acpart by die Hramer

With my tolerably

family it will to

te catulate on

hardly

Carters

wrote to Sir GeoBenham

I thought be could not be

atrevid till Ahirt,

will h

inlay

―

1. at he

cute prebavid ter this short

quet

the heav

arin

My deachd Gull,

Meit cupe Wals Sun

The Bulle of Newcastl

레

Nor Merials

24 Qu

ア

бар. b Jun

Monham by

next mail

ti inform

pim

regnated to be relieved before.

next.

The desserten

of the new arrangement

? Jan171

not quits curtain of the terms it. Is Sin gps. To he Wothethe is uliend heause the term of

\ his service has expind: or at his

own

request?

Ат би

Ref. This Desfatur

anth

hum. The Dequested to haleurd as thin be

hape

des, that ther her

appointed in complana with his legnet t

-L

Extend.

N41

Le George Bonhaus.

MINUTE 27 DECR

adis

MRETION MR Mentrale 29

MRF Peet 13 Duked Newcast

heit numpang to say

Fore

12255 Hongkong

نگ

2 Jan!

With reference to my,

Despalth & 24 of the Gt of

Comben lish Share to

September

172

acquaint you that the Lucen has been Jiliased to

e te bie &. Braban? Affirint &. Stun Berring-

The debels of the new

agement will, I

resume,

Le communes

fically to

to succeed 8.

in the

d you Government of Henry,

Dr Bouring. Hany.

for Eleist has Steleve

culated the Minuils.

Communicati

So Bouring reformis

me that he will be

prepared to have their

officially to or pouring: Country by the

hat I think copy of this

communication tuuld so

Six.S. Donham, for

Stamen

все

of the 20th of February vent.

arcangerment which

Mrush will not Geral

inconvenient to you.

Shove

the information the

various parties comerned.

Am 329

71131

時

173

and 6. Denz 134

12,241 Sling Kong

C.0.

DEC.24

My Lord Butt

18 53

lithen our

Club

174

Cucumber 24 1833

Your

With experemes to our Gracés

ار

مجھے

the Colonise

purpers of withdrawing the clot Salary from the Gevener of Wong King, braving

him only in the recriff of his bay at 18. M. Shenipotentiary, I bry most respectfully a

sutruit à fuo remartis to the indulgent réanderta

of Your Grace

Under the rxisting arrangements

in addition to the salary of t 6000

rental it paid of £ 600 Per Annum

کم

کیجیے

14 11 qwemment, for a furnished Houses for

of this Governos

the us

It is intruded no dereby

تے

of that

I should occupy the hus qvvernement Coun -with on a large of expenses seats, - kanonvrens with the large salary appropriated by Partament 6 the united offers of Givener and Henipotentiary teur Grace breposes, as is indeed must desirabl that the Plenipotentiary should be relieved hun Aiths Grave

The Cute &

Newcastl

مجھے کو

175

M MA

of the dearril Blaces in the

werdd

Your Gran bar ates propere the

FIT TI A-

مجھے

& large postin

کے

ہیں۔ کیسے

cunvited with the botony, but les conner be

télikvid

веч

کے

atieve for heavy repenus (Euch fall upen him in her quality of Governer and as

of the Government Hours.

h. Hory Harry,

only

or agher

hire them

arr

no commodious hosts, and ory sw commercial atablishments in a condition to excrive quests, the

для dains upon the hospitalities of the Governan Aequently corrsistith. Not only as

تو تم سنگا

un.y

a tr

English qoutheran officially recommended to him from all parts of the world, but distinguished Terrigores,

or any occupying devated officet kretions, naturally repref then all ewtons, with

in the Labs of

which high functisu an is

wilemming our

مجھنے

another. the sticks of in any

Berat nations, av

Inquently

now in the Obin a seas, sting Hong Kong thin head quachin

while the Beopting of Westem amenca, with as the tides of currgration to Australia

cnncusily extruding the forld I the activity

of our interemore both publes of Private in Chines

гид в

may be allowed to and that thing thing

suppression of the hide an

Camps appointment

I have venturis

when Sudary

in t 300 a year

to suggest to best blarendon that the ony heavy duters imposed upon the officials in the Weftermatic corpachment maths et desivult that the Deverner busti lan the assistan

کی

private Fcentury at a Satury of £200 I have

01.0

wish whatever that the

a yeas

linde dr

bump should to ictaines, but this has bun

occasions when ou

assistants nit unfisquent

have almost surth under Au quantity of labour impond essen them, and, in the present stach g China, I anticipate rother an augmentation than a diminution of complegnent

As the changes atrasty decided upen

very larg derits of wilt lotine

by Your Grair bring well therm

nives bteno mexik

ventin

and 64

ethers

dereby

humbly to heper that tour Gran

well consrus to allow a fection of the Colomal bay to allach to the offers of the Doverner

Lave the boner to ber

My herd Buth

with the highest respec

Your Gracis most obiöthble denez, John Benner z

Herning

sen. Dr. B. & read to him the propored prangenes (of which he had also been previonely made amore) I am surprised.

at the last paragraph of the letter. I cannot now after what has been arranged after to druch. comidation by all Partis. –

I would not object to a P. Sait, but understand thin to apply & Vilt for this.

to me

Entered

Pouring

W. Merivale

12,241 trong trong

4 Jan:

1854

176

January 1854.

Duke of M. Vel

Newearth.

No Munisle

24 Deer

W Peel

Dr Downing' paual

application I have for four

considuction, hit I am

bound today that I

and a private

secueltay as

indishareable

to forno

may

concspontaney.

position requiring serious and that to repose this part of the application is Either to ensure an

such

impaleat

данд

duty bring i'll puformed, or to reduce his Salary to ₤2,800. But I do not warmstand whether sunt priests secutary wild follow him in a meth his herorments, or wreedte an affeninge othe fornment at Hory boy, str. D24

Minkit 3000 and a hor House geite

derage for the Principal Pun altugbang –

вствува

ott & 3ere the ampard Wassenbenache

здан

سة

köndtente,

Aiseschenker, ouvel kunlan, Oferung

on at 1200 - The

meam wash hiss etcond, an be repaily Vroemer, I then declin lope have whathe extern

schepor

W528

ク

state, in

The Porte

refly

Jour Newcastle to

letter

The 24th Alte that

arrangement

which

Jou

£3000 for

Are

under

to receive

awn wh

A s

Governor of Singkong

and

Superintendent

Grade in China, having

been adopted on full

consideration, and for

Easons

serbally explained

васо

to you, His Grave dres

not feel himself at liberty to depart from

it.

The Wake of

2. The yards the

find for such.

A Sal

Afustane and with is

Salary of £200 per

177

awn:

ann

already under the con The Earl

have to objection to:sideration

Change upon the Revenues of Hongkong of Clarendon-

The

the sum of £250

for this salary of

that office.

I have Si.

Newcastle understands from question of affording

Gove letter that the you

Jour

question of affording for

you

a privals decitary, with

Dewite Jev

the D. of R. Erognizes

the Ecosity, which

You will probably

178

8261 Hong Kong The Baler, Arwood, Surrey

My Lord Dacke

Enclosure Not

Enclosure As

Aus? 830th a brigu p

RECEIVED

AG 17

1855

17 August

1853

179

Harry lately returned on beck leave from Bongkang, where I hold the Office of Preyestrar of The Supreme Court, I am amperes to lay my

luse

before Your

Grace, in hopes of obtaining your assistanc in sucking

arrangement

some

to enable me

country

I have held

to main m

to superintend the education of my

present Office for

this

chil

mine

ryours,

and the testimonials, of which I enclose copies, will

I hope shew that I have nit neglected its duties Before I went to China I held, for six

six years

the

Scotland

Office of Heeper of the Immer House Brolls of the First Division of The Cecuirt of Session -and I enclose copies of certain lestemorials as to the performance of the duties of that situation, the originals of which were deposited in the Colonial Offic when I was apponited to bling.

After so long

His Grace The Darke of Auscatle

Secretary of State for The Colonis

Colonial Office

a residence in an

unfavorable clesiate

!my

health has suffered severely,

and I have lost

to me to remain

Wife there from the fever of the country, it therefore

object of great consequence country, to take charge of my

becomes an in this cor

who are all

in number, who

children, mine

young, and six of whom

boys

the total want of the means

ли

ше

of teh.ca

secuting them

Hongkong, making it impossible that I should labe

them back there with me

Ale Salary attached to

year,

pressit Office is ₤£7.50

Sees from

and the other Emoluments, arising from per

bentages on Intestate and Insolvent Estates,

and

the Vice Admiratty bourt, come to about £ 200 in addition; this Office I und desirous of placing at "Your Graces

disposal, provided I can

I can ottani

Main sorme

Office in their

laundry,

which will enable me to support and educate my family

I am aware

from

ove

of the difficulty of procuring an exchange

Department of Government to another, and

, and of the

delicacy felt about interfering with the patronage. to other Offices, but I worker fain hope that these

over curve su

who has not

available Offices

would

favor of

even

the

attached

way

old servant of the brown,

means

are vacant...

of ascertaining

what

Brushing that four frace will forgive the liberty

180

I take in this appealing to you directly

I have the horror to be

Day ord Duke

Erst Brindas Cay

your Graces most obedient Servant

Mr. Mist

I am unacquainted with the arrangements of the Rick of Mencastle further des proval o gen

the Colonies, & am unable to suggest,

alish us be convenient to

this grace, & sintable forttir

dication

In the date of Neuen, they'

& have his means. cannot undertake to nyowate

of Offres,

ون

Gov

Cay

Ente

5800 W Kong

5307

8261

Dundas bay Ey

fir

The Jaks

Norwood

Surrly

853

MINUTE 18 Any AUG? MR Malkowith 23 MrElliot

M&Merivale MRE. Peel Duke Nowcas! 26.

30. Aug. /53

181

Jam directed

Letter

✓ desire

by the Duke of Newcaste to acknowledge the. receipt of your of the 17 Sustant signifying your to exchange your present Office of Registrar the Supreme Count at Hong Kong for some other appointinent

in this Country.

Jam to acquant

you in reply that his Grace cannot undertitte

во

- ཀཡ

to negociate exchange of offices

for you i

ميد

and that

means

of procuring you a

situration

Country

He will however be ready to consider

My Prosweat. For

Wachange which

May

کے

you matted by

Enquiries of your

Lay before Trin

Jam vr.

Si26/13

No 54

182

Extract from Official Feller of The Houvrable bolonel bains bestormal Secretary

bectorial Secretary's Office Arictoria Hongkong

March 1833

8bis Excellency camid allow

me to

ume

years

lockory after nearly desiring

expres to you entertanis of the

Office

you to quit the

residence in it without

Вве

the high antisfaction. I6

manner in which the dukes of your that period so for

have been conducted during

they have

come under his observation and in this

opinion it will be outisfactory for you

две

to be informed

He has reason to lenow The Mouth The Chief Justice

fully

Concurs

DD bus Ery

I have the honor to be

Sir

Registrar Supereus bount

Dear buy

Your most obeckent Servant

(migues) Waine

bolonial Secretary

leoby Setter from The Honorable Jobin Watter Huline bluef Justice of the beepreme Court of Hongkong

Baylong Quesday Ward 157.1853

On the eve of your departure for England I um

anxious to

you

have dis

the important cuties of Registrar

of the Supreme Court of this leotory -

und even when we could net so

were sometimes

winst ourselves we never farled to weet

fouled to weet

183

express my opinion dis charged

to the

Mamer su

which

we were currected we had

every

reason to be satisfied

окуловый

thoroughly appreciate

your

services inasmuch as

they

directed

I am

anist

with the utmost

to the

Courtesy

hands

Fidelity

and

you

have performed

Should

lauke

Bappily after an experience of nine years enalled to bear the most unqualified testimony

ability

with which

the various and novel duties of your Office for the sake of the loourt that

and

ваш

return here

not

you may

but for your

own sake that

you may

and all health.

and pros

Wishing you a pleasant passage

piros fierity

dear bir

believe

ever

Dear buy

Bernas faithfully Pergrind)

John hatter Isl

boky Setter from Donceld Matheson Eny later the Firm of Sardine Matteson +60 bhuna

15 Rutland Square

Edinburgh

August

7853

I have much pleasure in bearing testimony to

duties as

the able and conscientious discharge of your Registrar of the Supreme bount at Songkong so far as these

came within

one

·we

my range of observation when

мена

nesiding

there as

во

of the partners of Surdinie Matheron and

In the winding up of several Estates with which

you

and consecteration at your

be unable to return to Cling I trust

you may find congenial

this cornitry

in this

and remunerative exploryment

With best wishes believe

deur hi

yours faithfully

(signed) Doud Mailleton

To Robert Dundas bey Ery

Loudon

My dear beay

were

I received

boky Letter from Ach bamba By late of the Firm of Deit Ho bluin Sauchie House, Stirting

August 1853

your few lines mentioning that you

some afperntment hold in Houykony

leaving for London for the purpose of endeavouring to induce Government to give you at home

homme in

exchange for the

health requiring of your Europ and the

years

The state of

ove

you

residence of

care and support of a

the

young family who have now

only you

A crane

a numerous

ore

parent

to look to reviter it of great and of vitat importance that

shouter succeed in the object of your mision.

you all who

of your

пишу

веселые

cuse must

your succes

and

with the peculiar circumstances

acquainted

with friends equally

It's not know whether

be anxious for

testimorry to the

manner

you performed the functions of your Office in Ebonykony

сам

be of 6th years

Anel

berry

use brit

and

but you

acting

know that I was there for about Magistrate, as a Grand Surer

as a

partner in the House of Dent 860 I had

neceparity frequent communication with

you as Playstrice

you

I can conscientiously say

of The Court and I can

- could have fulfilled his duckies better

than

and Sam

did and

I am sure all clu

you opinion amory

I write hurried

clapes

hurriedly

short time When

from you Believe

My dear bay

you

лис

or more

that no one

faittifully

sure that such is the general in the Colony

Sam just leaving home for a haus times Ishall be glast to bear

have

Spurs sincerely

(signed) I Campbell

I have

воору

b I Braine

Geguire luke

bopy Setter fromm of the Fern of Dont You blin

Abbotsley Merton Albet Aug 15 1853

very great pleasure in

o your zeal and afsiduity

the

giving my testimoning

Office of Systrar of the

the Supreme Court of Abongkong during my

that Island

and

ваш

residence in

184

am sure that all who had occasion to

call at your office or to correspond with

to matters m

urbanity

and

lodony

And

you in reference

your

department can

certify to your

Light hask

readiness at alt times to afford information

when needed

appistance when

Hongkong

such

I Am

was whilst I was there

My dear bay

Ayerus mincerely

Dundas leay Cup

(signed) 68 Braine

tate a Partner in the Form of Dent the

Hongkong

;

185

abi

boty beaitificate from The Seight Sloanerals: 61 mucan McNeill Lord Actrocate and

Dean of The Inculty of Acivocates ( Lord Instric feneral!

Mer

I have known. W Robert D boay Writer to the Sequel for

many years including t whole period of about six years

that he acted as Keeper of the Inner Bouise Grolle of the Supreme Court here I had occasion to observe the manner in which re&rformed the duties of theat office

and know that it was such as to

his attention and ace

satisfaction _ I have heard his attention

and amenity

to give great

accuracy

of manner very frequently.

very frequocitly, mentioned by

those whose f. ofessional duker brought them into contact with him. I am very

situation

very confident thest nin

any

requiring

of similar duties or

similar qualities

qin full satisfaction 8bis legal education as

be will go

Parider to the Sagnet

familiarity with forms

busines

which

Court

are

was calculated to

give

and a babit of accuracy

luin

eminently useful in an Officer of

Grand King Stivet (signed) Dam. Misteill Edin Dec 30/4

From The How? Ford Good - Luke Dean of the Faculty of Advocates

Edin. 30 December 184,3

and

I have long has the pleasure of berry well acquainted with Ow robert bay. He passed Writer to the Signet in 1833 and I believe him to be a well informed intelligent member of that profession knowledge of Scotch Laws and

which

requires

fearticularly

and practice and more

and the forms of

of the Bitter to Sanded property procedure in the Supreme burt bourt together with a capacity for the management of legal business and affairs For six years the bay filled the Office of block to the

два East Sord President of the Court of Session

to the discharge of the duties of which great accuracy a facility in the judicious urangement of burmes accommodating disposition are essential

as a

Sherrilean

Matience and an

itial and

I had

reaser

of the Bar to berrow that in that department

Aw bay gave general satisfaction to the practitioners of

call deper

It may

adds

not be improper further the day talents and experience in business So buy

виттер feelings of a gentleman

and

that to his

thie

marmers

and that I ani convinced

The must be valued by all who know him for his anuable

Memper

Dear Sir

and honorable principles

(origued)

A hood

From Adam Anderson Org Solicitor General (now Lord Anderson)

Edinburgh 30 Deer 18/3

to the manner

I have much pleasure in bearning testimony to

in which

conducted the brunnes of the keeper of 186

The Inner House Rolls in the Court of Session - Your early training to the legal profession gave you peculiar advantages for the efficient performance of the duties of that situation and I am happy in benny able

to state that

and

you discharged thein with great accuracy precision as regards the details of the office great fidelity as regards its general duties _ In this opinion I am not singular for I have reason to know

of the office gure general

that

your

administration

satisfaction to the practitioners before the Court

I have the hour to be

Dear Fir

So. Robert bay Cryp

Myjeru

obect Servant

(siqued) Adam Anderson

From the late Srichard Macheenzie Cougß-

TWS. EDeputy Keeper of the Engrist

Sigrist Office Edemburgh 2 Jan 71844

bay

was admitted

I herely certify that WW Shobert Dundas a Member of The Society of Writers to Her Majesty's Signit Scotland on the 7 March 1833 That previous to becoming

Member of that Society it is necessary

apprenticeship of five years

that he serve an

to one of that body That before

being allowed to enter into rindentive he must have attended different Classes including the Bbumanity blap

one

of the Universities Theat

during

his apprenticeship or it

all events before being admitted on trial he must have cittended

. -. דידי

a curse

of Saw study for four Sessions

and that he must-

undergo a private and public treat on his knowledge of

Law and

bonveyancing

виросл

and that it appears from bertificate subsorbed by ave that Ohr bay had presed his trials with the approbation of the Examinators - after his admission. I further bortify that soon

Souity

to the

be was appointect Reeper of The Inner House Polls

of the Court of Session

and that during

the time be hole

that Office under Lora President Sope the uniforme courtery and propriety of his conduct secured to him the approbation of his Brettieren of the Socity of Writers to the Signet and of the other practitioners

(signed) [Pach Snackenzie

in the Court

Definty Reeker of Iber Brajesty's Ergriet

of Session

for Scotland

From David Welsh Ery W.S

Edinburgh 2 Juny 1844

7 Northumberland Street

Ow Robert Dandas bay

Me as a

Sriter to the Signet

period of five years

enterect tits Indenture with

Inne

June 1824

1824 for

the usual

and was in the office for sometime

after the expiry of his apprenticeship previous to his pressing

as a

in 1833 _ I have much pleasure in

Writer to the Signet in 1833

certifying

Signet

that he always gave

the fauthful

attentive and

the most entare satisfaction by

efficient discharge of his duties and

I was glad to fund that the grout zeal and diligence with

which...

阻

which he performed his duties in the office

his studies by reading

and

187

prosecuted

and attendance of the usual classes

resulted in the acquisition of a competent knowledge of

Law in

general including the ferinciples and practice

can speak with much confidence of

of conveyancing

of his anxiety to execute every

committed to him in the best manner. It counists

universal satisfaction

in the discharge of the duties of the official situation which

his great accuracy

and

thing

with

my knowledge that be

gave

be held for several

knowledge.

be has been

and

years adding natemally

I have

access to know that

to his store of legal

The best oppertunities of knowing Mr bay during

period of nearly twenty years

that his amiable temper and

entitte me to

to say

buy confidently

& great prudence

conciliatory disposition his

agreeable and gentleman like manners and the

discretion and

never

may

zeal

which he has miformly

fail to give satisfaction in any

be placed

(signed) David Walsh

evinced can

situation in which he

188

Gov mestructed & Nor/53

my to ispo

10166 Hor

trong trong

C.O.

OCT 22

1863

Government Offices,

Victoria, Hongkong,

Lood Duke,

189

17th August, 1853

I beg leave most

respectfully to inform your

Grace, that

* the 15 distant

requested Mr Mercer, the Colonial Treasurer, acting for

Lieutenant-Colonel Caine, Colonial

Anditor General,

Secretary and

to lay before the Governor

letter

His Grace

which I addressed this

The Duke of Newcastle,

Her Majesty's Principal Secretary

of State for the Colonies,

te.

fo.

tc.

Letter No?

Enclosure in

WwRD bay

Excellency covering

mine

190

Well; you have been

"my confident, and I adviser

out these words"

Memorial of

ве

told

to Your Grace, to

transmitted

the Mail. Steamer

of the 23rd Instant. _

were

The Letters and Memorial laid before Sir Sporge

Bonham, and

hour

nearly

Excellency that

afterwards His Excelleney

and said:

That it

was

entirely

for

fitly

"out of question

'my

Memorial

the Steamer

2utly-

as to forwarding

the 23?? Instant.".

that it was impossible 'that my Mercer had made

"use

use of the expressions stated

Paragraph 1.12 of my

"Memorial" _ to which I.

respectfully replied, that "They

Hill

zrdly

resounded in

ears:

Sir George Bonham then

(pointing to

You

take

used

the insulting language Mr Mercer towards me).

"from Your Memorial; because

до

"if you do "have to

not to 10,

I shall

call upon ur Mercer

"for his report

"the chances

"will

on them, and

are that this

contain things that will "be far from agreeable to you, i

"and

which I shall be bound

to the Duke of Newcastle".

"to send to

me to

His Excellency pressed withdraw the above expressions;

but I respectfully declined to

retract

any

I had made

of the Statements

in the memorial.

His Excellency then rejoined :-

well, just

"Very

Zow like;

191

کچھ

"but mind

"to

You don't

Jay

hereafter that I did not speak

in time. _ I will refer,

You

"Then, Zour

Memorial to mņ

"Mercer for his Report, and you

mush

abide the consequences","_ to which I respectfully replied in the affirmative, begging of His Excellency

to forward the Memorial, with Mr Meren't

Report thereon, to zour Grace.

the

out-going

Mail of the

23rd Instant. This request was again refused, Sir George saying

that Colonel faine

and it

was

was absent,

necessary that his жерачу

Report too, upon my statements

Zour Grace, should accompany the Memorial.. The Governor then decided, and promised

me that he would forward the Memorial

to your Grace by the first mail Steamer of September next, _ when

His Excellency and

I thanked

withdrew from his Room.__

Yesterday morning,

His Excellency, after seeing Mercer, sent again

said that

Jun

again for me and Memorial was

"disrespectful to

Colonel Caine

and Mr Mercer," and that he

то

would not send it to your frace,

desiring

to take

at the same time

the papers back. _ I again urged the transmission of my

Memorial to your Grace; but this Excellenery positively declined doing so; - when I respectfully begged of His Excellency to return the memorial to me through the

Acting Secretory (Mr Morser), by stating in writing the

approval and

*.........

Countenance of

Governor's

vend

my destination.

the afternoon of this day (the 16th). I received from this

Excelleney

returning

the

letter (without date

the Memorial,

letter I addressed

Excellency covering the same,

reasons for declining to

Memorial to

to address

its

192

the 16th motank.

Respectfully hoping that

тер

conduct and proceedings

a quarter to 4 o'clock

throughout will merit the

منها

well

the letter I wrote

to Mr Merger.

I beg

Under these circumstances,

and

most

айд

most humbly respectfully to submit my

Memorial to

was

Jaid

Your Grace just

returned to me),

together with the

referred to, as

of the

well as

N2.

letters above s

ية

letter which His

Excellency the Governor

was

No 3.

Copy

N° 4.

pleased

Your Grace,

I have the honor to be, With the greatest respect,

Дике

My Lord Duke,

Your Grace's

Most Obedient and Most Humble Jervant,

Ladi Ahmad (the)

Clerk of Councils, and Chief Clerk and keeper of Records

Records in the Colonial Secretary's Offices.

Enclosure N: 1.)

In 10166

Government offices,

Vistoria, Hongkong,

13th August, 1855.

193

Mr D'Almada

17th August, 1855.

Received

(4 Enclosures.)

His Grace

The Duke of Newcastle.

Memorial of the 134

Relative to his

Instant to

the

of His Grace.

Transm

itting

address

the lame

with 3 Letters.

bm 027

Пред

Lord Duke,

I beg leave most

respectfully to approach Your

Grace, and follows:-

enter

the

under

to represent as

I had the honor

Her Majesty's Service

Superintendency

in China,

Captain Charles Elliot

A. M., on the 1st January, 1837.-

this Grave

ய

The Duke of Newers the,

Her Majesty's Princiful Secretary of States for the Colonies,

to.

fc_

thographed. Auster_&

Vernon.

The Gou

Hongkong being

British Colo

به

Colony

declared

in June, 1843,

Sir Henry Pottinger, Back, -.-

appointed

Chief Clerk and

beords in the Colocial

Keeper of beards in

Scoutary's Office to this lover.

= ment_

I beg to append here,

for Your Grace's information, letter from that high

Officer to

my address

under

him,

=panying

conduct

Document A.

кости

Document &.

Document B.

Cortificate of my

Certificate four

as well

hin

Worsham chen Deputy Colonial Scentury of Hongkong..

Seleted

Sir John Davis, Bark,

December, 1846,

for the offices of Clerk of the Excentive and Legislative Councils of Hongkong, in

Document C.

Document D.

194

addition to my former aps -pointment, in which offices I was confirmed

brey

confirmed by Earl Despatch 1.76 of

13 th March, 1847.-

4.-

On the 13th October,

fir

1851, this Excellency his lease

Bonham appointed

appointed me

perform the

duties of Colonial

Secretary during the absence of Lieutenant-Colonel (then major) Caine at Shanghai for six weeks,- notwithstanding the efforts of Mr Hiller, the Chief

Magistrate of Police, who laid

to recupy

claim

temporary post; - a

stanze

the

circum=

which compelled me

to address to Sir George Bonham the accompanying

вид

Don T letter, which I now beg to

Dreument F4.

submit for Your brase's inform-

ation._ this letter

was approved

by this Excellency, and the objection to it

was

195

then, for the first time, since

his arrival here in April, 1851,

entered upon the

the duties of his

only.

the last

Office - in

the absence of

the

Governor.

paragraph, because Sir George

was

noh

the

that

disposed to report

absence of Colonel Caine, - absence being merely relaxation from duty for

Mr Messer, the

Colonial Treasurer, -(another officer of this Government

considers himself to have

who

six

Weeks

the

year,

a claim

laid

down

the Colonial

Aegulations..

5.-

On the 29th of the

same mouth (batober), Sir George Bonham left un=

expectedly for the Northern

Ports, and

was left

left in

charge of the office of Colonial

Jeautory

under the Honorable

The Lieutenant- lovernor, Major -General Jervois, K. tt., who had

Document G

σχ

right to the

office of Colonial Secretary whenever that officer absents himself from the Colony),

was

ар

this time absent

I have in England, and had

returned

to Hongkong 15th November, 1851, as is

Document JC.

the

shown by the enclosed Notification issued by order the Lieutenant- lovernor, and signed by

my capacity

mag alleen pakkam, & a

of acting for the

Colmial Secretary,

which functions I exercised up

tto November, when

che

24th

Colmel Caine returned to his

duties.-

(two

In January, 1852, (

months after Mr Mercer's

arrival

the Coloney), I was

again entrusted

with the duties

Colonel

have

Document I. -

of Colonial Searetary, when laine applied for 8 days' of absence. _ the enclosed letter to the address of the Chief

Magistrate confirms

statement.-

the above

I beg here to observe

вод

that Mr Merser came

with Sir John Davis in

May, 1844,

and

of the

out

Private Secutary,

the 25** batober

same year, fir John

196

Davis appointed him to act as Chief Clerk to the Colonial Treasurer, in which

he continued up to

Situation

the 31th

on the

January / 845; and, on resignation of Mr Montgomery

8th July 1865 Martin, Sir John Davis ap-

-pointed him bating Colonial Treasurer, in which Office

was

ultimately confirmed by in August, 1847.-

Earl Grey

I make this statement

show to your Grace that,

if regard be had to Seniority, this officer is my junior Servise by upwards

ήν

the

of Seven Years.-

Towards the end of

Marsh, for several days

April, and during the greater

I was

part of June, 1852, unable to attend Office, from the results of

نه

Levere

inflammation of the night eye..

July following. Japplied for 35 days' leave of absence, for the

restoration of my

which leave was

extended to

health,

was subsequently

to the 15

betober,

1852, as already reported upon and since approved of G Secretary Sir John Pakington, Bark, in Despatch to 32 of 25th betober, 1852.-

10.

On the 3rd November

following, Colonel faine told

only that he was going

leave for 4 days, and even

to see Mr Sheriff

desired

Mitchell respecting some

remuneration

to be assigned to

و 197

Clerk who had been temporarily

order of

employed by him by

fir

George Bonham. From this I naturally assumed that, as

∞

as formerly. the 5th

matter of course, his duties would be performed by and consequently,

There being

November, there

being recasion

to write, without loss of

time,

letters to the Acting Attorney

twoo

Emeral Cone being

notice

Protest served against that.

Officer by Commander Fishbourne of ther Majesty's

Steam Ploop

"Hermes", and the other about a

case of ejectment requiring

видав

his

begal advice), I drafted these letters bij order of the acting Lovermor, Eineral Jervois, and His Excellency approved of them

WTH

F-- ut-4,

10.

The Acting Governor then enquired by whom the

letters would be

signed, and I replied, _ by

absence

Senatory, which

11.

Ches

letters

were

Records, and

Colonial

12..

was done..

the next morning, (the 6th November). Mr. Merser made his appearance at the Colonial ceritary's office. The Legislative

chat day, that officer,

Conneil

met

and it being over,

whilst I

was

still in

the

Council Room drafting my

Minutes,

came to

and

enquired by what authority I had

signed the two letters

above-mentioned; - that he would write to Colonel faine sabject, and that he should

on the

not be satisfied until hose

11.

198

withdrawn from the

cancelled.

The Acting Governor Lad

left the office

at this time

;

but feeling myself extremely

urprised at Mr. Mercer's enquiry

and

remarks, I went to him

stated that

and

I signed the

letters

Chief Clerk in the

Offices, acting for and in the absence of the Colonial Secretary,

I had done

former

occasions._ this explanation

of my

conduct,

regret to

was

mention to Jour Grace, styled by that officer, in a most assuming tone and

manner, as

angentlemanlike m

"gross impudence and atrocious andreity "on

my part; -

12.

words which he persisted in

making

once, on

Whe

remonstra

most flattering terms the

199

assistance which I have constantly rendered him in the performance

more than

strating

{

left him..

of my

against their applicability to

13.-

contnet, - when

- I

I left

Colonel Caine returned

to his duties

the morning

of the 8th November, and of

went to him and

immediately represented what had taken plase between his Merser and myself._ Colonel Caine said

that he had received

роги

a note

from Mr Mercer complaining bitterly against me

assumed,

the

for having

ceation in

question, the discharge of

the

duties appertaining to

to the office Tolonial Secretary; and Colonel laine, whilst admitting in the

duties

as his immediate

Subordinate in the Establishment

Since June, 1846, - observed that the fault of to provoking

misunderstanding

between Mus Mereer and myself (and for which he felt extremely sorry),

was

entirely his, _ because he

had not at the time told me that Ms. Mereer was to act for him..

14.-

requested

Colonel (aine then

to wait

Mercer and offer him

the

سه

hun

apology for having performed

duties of Colonial ceretory; but this I instantly declined,

that I I wa

the offended

Jazing

200

party, - adding, at the same time, that, irrespective of my

Laving

acted for Colonel Caine subsequent

it was

to betober 1851, it

ete

rube

حسن

was also

New South Wales

(and I believe in other (olonies)

for the Chiep clerk in

Office

to undertake

the

that he would speak

said that

and said

to the Acting Eovernor; but that,

the meantime, he would go

and offer

apology to Mr

fault was

Merser, for the fault

entirely his; - which he did..

the duties

16.

came to

If the Colonial Secretary when

absent, as

Sundery

I showed him from

Printed Papers, being Proceedings of the Legislative Council of that Colony presented to the Government of Hongkong,

well

from

letters

reaved addressed to Colonel Caines

Mr Elyard, Junior, acting for Mr. Secretary Thompson._

15-

Colonel Caine did not deny the justice of my case,

Courte

The Acting Governor

the offices in

the

If the forenoon (80

November), and Colonel Caine

desired

His Excellerey

not to speak to

the subject,

Saying that he would arrange

all. -

to me

Colonel Caine's last words

the Office, before he had seen General Jervois,

were to ascertain

about

wishes

not

the cancelling

of the two letters addressed

to the Rating Attorney

16.

General, _ the point now insisted

прог

upon by Mr Merser, as Colonel Caine informed

My refely

was simply this : _ " Do justive,

Sir, and

17.-

feen

satisfied."

leave for

one

day, and, to

201

astonishment, he said that his

Moreer would act for him

respectfully remonstrated with him;

but the answer

was

was told

Nothing after Colonel Caine had

with the Aating Governor; but I beg to state, for four Grace's information, that the letters, (N? 267 and 268 the 5th November, 1852),

which

to the

سما

gave

mush offence Colonial Treasurer,

stand to this

dates

on the

Records of the Colonial Secretary's

Offic.

18.-

On the 23??' of this

very mouth (November, 1852)

was, that his

high Office and should

undertaken by

Officer similar rank. – I urged

my former reasons and right in the routine of Service, and

said also that the

Secretaries of other

were

Colonial

Colonies

equally high officers with himself, _ notwithstanding which

- the Chief Clarks there performed

duties of their immediate Superiors in the Establishment,

the

My.

during their absence. representations to Colonel laine, from time to time, have proved

Colonel Caine

went

again

avail; and

grieve

18.

to report to your Grace that,

ever

Since

the mouth of

November, 1852, I have been subjected to the

vexations

position of having put over

officer who has

grossly insulted me

me for

having performed my duty.

19. returned from England in February last, and I informed His Excellency of the insult I had received from Mr Mercer. _ I have also

Sir George Bonham

every

occasion that

that Colonel

Caine has been absent on leave, - entresting the discharge of his duties to Mr Merer, - respectfully represented to this Excelleney

the hardship of my

Case

cast

19. 202

and the public reflection

apow me; but His

Excellency always said that

it did not signify at all, and that it would in

be detrimental to my

ве

way advance

20.-

in the Service.

مسنة

Colonel Caine.

Vinee

he has occupied the post of Colonial Secretary, has, from

time to time, had relaxation from duty by merely applying verbally to

the Governor for

such purpose, and the only

instance

he addressed

for leave

record in which

вед

better applying

was

October

1851, when he went to Shanghai for six weeks, as stated above. But

on the 2th Sustant

.......

21.

203

contrary to his customs,

made

formal application

in writing for leave for 14 days to visit Macro, and had it numbered in

in the Letter

Registry Brook of the Colonial Secretary's office. This letter concludes by stating - Honble Mr Merser will

" the

with Your Excellency's permission

duties of my office absence!" It was

perform the

During my

handed to me

in the

for record

usual manner, and

following endorsement

His Excellency the

had the following

thereon

Governor : _ " Approved and Sanationed._ S. G. Bonham,

Governor.

21.- and

the

On reading this letter

atove endorsement,

I waited

the Governor, and

respectfully represented to this

Excellenez

22.-

the

injustice done

On the evening of the

me.

9th Instant, Colonel Caine left the Colony

and the next

morning the Colonial Treasures made his official appearance at the Offic

acting for

the Colonial Scaritory and Auditor General._

23. -

Sir George Bonham

appeared later, when I called upon him and respectfully requested permission to bring

cade

to Your Grace's notice,

instantly

which permission

was

accorded by this Excellendy.-

24.

...

22.

23.

204

24.-

я вод

now

to submit

to Your Grace that whenever

Colonel Laine is

sick

and

consequently unable to attend office, the practice has always

been this:- Colonel Faine Sends

all

the official

official cor=

respondence addressed to him,

at the office,

and requires

carry.

his

duties

by my

Submitting

the letters

to the Governor, and receiving His Excellency's orders therein,

which

I do; and

of the

for

any

letters received call

answer, that answer

order of the Governor is

prepared

امه

Submitted

to him for approval, and

then

out and

fair copy made

sent to Colonel

Caine's house for his signature ._

25.-

beg further to

remark, that whenever the head of

يه

Department in this

Colony has been granted leave of absence, his duties have invariably been under= = taken by his Subordinate in the Establish =ment, as

immediate

will appear from

oldest

Despatches addressed to the Colmial Office; - and the only exception, - casting reflection apon the character of the

Civil Servant in China, - has occurred Since November, 1852, in the Department of the Colonial Secretary, the Chief Clock of which office holds also

205 25

immediate Subordinate to the

Colonial Scaretary in his Establish

the higher

higher rank

of Clerk of

the Excentive and Legislative

Councils of

the co

Colony!

27.

26.-

has

Under these circum=

=stances, I most respectfully

Jubinit

all of the foregoing Statements to your Grace, for

consideration and decision; and I, at the same time,

pray that

most humbly pray

Your Grase will decide, -

whether the

to the

duties appertaining

Colonial Secretary of Hongkong, when that officer is

leave, should

absent

continue to be performed

the

Colonial Treasures

whether they should, in the usual routine of Service,

devolve upon me

مه

the

ment. -

If Family connection

any influence upon the

Public Servant, -

character of

to the

the respectability of my

parents (now

more) and

relatives, I would very respectfully

refer your Grace to the undermentioned Gentlemen, all

are

of whom and who knew

now

in England

late father,

Colonel D'Almada, and family, well; viz:- Governor Elliot, of Bermuda; Mr Johnston, late Secretary to the Superintendency; Mr. Plowden, and Mr Astell, M. P., Directors of the East India Company, and Sir James Matheson, Bark, M. P...

هو

28.

26.

28.

Respectfully offering as

excuse for intruding upon your Grace's valuable time and attention, the conviction that I have served

and

Her Majesty for 16 years 8 months to this dates, honestly and faithfully andto the best of my ability,

I have the honor to be, With the greatest respect,

My Lord Duke,

Your Grace's most obedient and Most Humble Servant,

Sidi Ahunda fatho Clerk of Councils, and Chief Clock and Keeper of Records in the Colonial Secretary's Office, Hongkong.

206

(Copy)

Document A.

}

I send

Dear Almada,

to you

write..

I hope the Certificate

will

here than

Hongkong.

be Satisfactory

I have not time to

harder worked

old times at

I wish you

all health

and prosperity and I am always

Your's very sincerely, (Signed) Henry Pottinger.

February 10th, 1853.

(True Copy)

Site Hounds faster)

Almada

31.

30.

207

(Capop)

Document B.

..:

arrival

Macão

in August 1841, I found Mr

e Castro employed

Almada

Second Clark in the Office of

4. M's. Plenipotentiary and Chief. Superintendent of Trade, where he

continued to serve till the and

of the Year 1842, when, among other changes, consequent upon

HongKong having been constituted

British Colony,

was

appointed Chief Clerk in the Colonial Office in that Island,

and continued in that appoint =

ment up to the time of my

= m

departure in

Now

May 1844.- Having

been applied to

Almada for a testimonial

32.

his conduct, I have much

pleasure in stating that during the whole of the above named period, c.e., from August May

1841 to

1844, Mr Almada gave and the Gentlemen under whom he was immediately serving entire ratisfaction in

the performance of his duties, and,

as far

I had the means of observing, appeared to merit

the esteem of all with whom he was associated.-

(Signed) Henry Pottinger...

Government House, Guindy Park, Madras,

9th February, 1853.

(True Copiji)

Loi Ahmada Castros

(Copy)

Document C.

208

During the time that I was Deputy Colonial Secretary of Stongkong Mr Almada was the Chief Clerk in the Colonial Department and I have much pleasure in stating that he always me the greatest satisfaction in the performance of his official

gave

duties which

were

invariably

discharged with much

zeal and

accuracy on both his official and ассичасто

private capacity I have always believed Mr Almada to be

deserving of high esteem and Confidence..

(Signed) Richard Woosnam.- Government House, Guindy Park. Madras, 10th January, 1853–

(The Copy)

The Ghmada Casho.

........

34.

(Copy)

35.

Document D.

209

Government Notificative.

It is Excellency The Governor and Commander-in-Chief has been pleased to appoint Leonardo d'Almada e

Castro,

Esqre Chief Clerk in the Colonial Office, to be Clerk of the Executive and Legislative Councils of this Colony.

By Order, (Signed) W. Caine,

Colonial Searitory.

Colonial Office, Victoria, Hongkong,

30th December, 1846.-

"True Copy)

Стру

Leithiadne Castry36.

(Copy) $171.

Sir

Document &.

210

Colonial Secretary's Office, Victoria, Hongkong,

13th October, 1851.

Being about to proceed on leave of absence from the Colony, on Sick Certificate, for six weeks from the 15th Instant, I

directed

хто

by this Excelleney the Governor to inform you that the duties of Colonial Secretary will be performed by Zow, droring my

absence.

I have, te.,

(Signed) W. Caine,

Colonial Searetary

L. d'Almada & Castro, Esque,

Clerk of Councils,

and Chief Clerk in the Colonial Secretary's Office.-

(True Copy)

Leithunde & fastes

38.

(Copy)

Document F.

211

Sir,

Colonial Secretary's Office,

Victoria, Augkong,

16th October, 1851.

39.

I cannot allow this

opportunity to pass without, thus officially, Andering to your Excellency my dutiful acknow= ledgments for the justice you

have done

те

by appointing

duties of

to perform the

the

Colonial Secretary, during to

temporary

His Excelleney

absence, on

have,

Sir George Bonham, K. C.B., Governor and Commander mchich,

te-

کر سکور کی

one

of the Honble Major Caine._ Your Excelleney, whose Sense of justice is of the characteristies of your Eovernment, will certainly.

Ligh

not require the expression of

humblest duty

occasion;

this

but. I cannot deny myself the honor of respectfully stating, that I regard this temporary appointment of

ast

mine

of justice towards

the part of your

Excelleney,

and

also

mark of appreciation of Services; because, had

any

other Officer in

the Colony

been appointed to discharge the duties of Colonial Secretary,

arrangement would

Jush

have cast indelible reflection

212

my private and official character.

It is needles, Sir, to

}

state here

Colonial

Services in the

and Diplomatie

Departments in

I had the

China, Since

honor of entering

Her Majesty's Civil Service

close upon 15

now

years._

duties

Suffice it to say that, in the performance of my I have invariably merited the esteem and Confidence of all Her Majesty's Representatives

China; namely:- Captain Charles Elliot, M. N., Sir Henry Pottinger, and Sir John Davis;

and this esteem and confidence, I utter it with feelings of gratitude, - have also extended to me

been

by Your Excellency

42.

In conclusion,

I have

to entreat your Excellency to report my present temporary appointment to The Right Honorable the Earl

Grey,

same time

for this Lordship's approval, allowing at

copy of this

forn

the

letter to

Enclosure

Excellency's Despitel

سن

I have, to,

Zour

(Signed) L. d'Almada e Castro,

Officiating for the Colonial Secretary.

(True Copy)

Ahmada

Soh Alinda frater /

43.

213

Document G.

GOVERNMENT NOTIFICATION.

His Excellency The Governor being about to proceed to the Northern Consulates,

the Government of this Colony will be administered during his absence by The

Honorable Major General Jervois, K.H., Lieutenant-Governor.

By Onler,

Colonial Secretary's Office, Victoria, Hongkong, 29th October, 1851.

L. D'ALMADA E CASTRO,

for the Colonial Secretary.

44.

214-45

Document Ft.

The Honourable William Thomas Mercer, Esquire, Colonial Treasurer, and a Member of the Legislative Council, having returned to the Colony, has this day re-assumed the duties of his Office.

By Order,

L. D'ALMADA E CASTRO,

for the Colonial Secretary.

Colonial Secretary's Office, Victoria, Hongkong, 15th November, 1851.

گیا ہے

(Copy).

N° 8

Sir.

Document I.

47 215

Colonial Secretary's Office,

Victoria, Hongkong,

12th January, 1882.

I have the honor to

acknowledge the receipt of your letter No 2 of the 10th Instant, Submitting four applications for the Office of 3rd Clerk and Interpreter of Hindustani, Malay, and Portuguese, vacated by Mr. P. V. Statwicky; and in reply thereto, I by His Excellency

directed

Excellency The Governor

to authorize you to

fill up the vacancy by appointing

C. B. Hillier, Eazy,

вой

Chief Magistrate.

48.

the individual who

considered

may

best adapted to

undertake

the

duties of the

office, reporting his name to this Department for His Excellency's information..

letter

are

the Enclosures in your herewith returned.-

I have, to,

(Signed) L. d'Almada e Castro,

for the Colonial Secretary.

(True Copy)

Live Almada Castry

216

(Enclosure No 2.)

In 10166/3

Government Offices

217

Victoria, Hong kong,

15th August, 1853. видил

Memorial

and Keeper of Records in the Colonial Secretary's Office, Hongkong, Clerk of Councils, and Chief Clerk

Leonardo d'Almada e Castro,

The Duke of Newcastle,

His Grace

Xe.

Yc.

Secretary when absent on

13th August,

of Service, of acting for the Colonial.

Representing that he has been, deprived of his right in the routine since the month of November, 1852, leave..

1853.

Sir,

I have the honor to

= I beg

enclose herewitto, - and Your Excellency will

will do

вед

the favor of transmitting by

the outgoing-

Mail

مرکے

the 23d

Instant to this Grace the Duke

Newcastle, the

the accompanying

Memorial which I have prepared, with Your Excellency's permission,

representing the reflection which

has been

His Excellenary

cash upon me,

прого

Since

Sir George Bonham, Bark, K.CB. Governor and Commander-in-Chief,

Да

November, 1852, by being deprived of my right in

the routine

of Service, of acting for the "Colonial Vientory, ouring

absence

oldest

Crown

Civil

leave. -

Sir, the

his

Servant I, the

in China, and in submitting the enclosed Memorial for transmission to The Secretary of State, bag most respectfully to appeal to Your Excelleney's

sense of justice_as to the

performance of my

Lines

duties

Your Excellency took

If the Government of

charge b

this Colony, in March, 1848.-

I have the hour to be

Jir,

Your Excellency's,

Most Obedient Humble Servant,

218

Leithunde Lockers

Clark & Councils, and Chief Clerk and befor

werds in the Colonial

Scaretary's Office

(Enclosure No: 5.)

In 1016663 Eovernment offices, Victoria, Augkay,

219

15th betober 1853.

Letter from Mr D'Almada,

Grace the Duke of

Sir,

I have the honor to

request you will have the goodness to lay before

the

lovernor the accompanying

letter to His Excellenen's

address, covering

тер

Memorial

of mine to this Grace the Duke of Neweastle. -

I have the honor to be,

hir,

Your moit Bbedient servant,

Clock of Councils, and Chief Clerk in the Colonial Secretaris

Office

го

The Honble W. & Moreer, Eag.

Colonial Treasures,

bating for the Honble Lient: Colonel Caine,

Colonial Secretary and Auditor herrel.

In 1016063

220

(Enclosure N. 4.)

(Copy)

(Received 16th August, 1853, at 1/4 to 4 P.M.)

Ser

Mr Mercer who is

میں

now acting

for Colonel Caine during the few that he has permission to

days

be absent from the Colony has

handed

your letter to my address of yesterday's date together

to that of this Grace the Duke of Neweastle dated the

th Instant._

one

The whole tenor of Jour

dispatch to the Duke of Newcastle appears to me to be so exceptionable and improper that according to the

L. d' Almada a Castro, Esgf.

to-

15th August, 1855.

...

221

Rules of the Service I do not consider myself warranted forwarding that despatch to its destination- and I therefore return it and its enclosures to you herewith.

In Paragraph 2320 of Jour Letter to the Duke of Newcastle

it is stated, that I

مراة

gave you

my permission to bring your

Case

under his Grace's consider

ation

This is

true and

quite true

had you confined Jourself to

the subject then under discussion,

viz:-

Whether in the

absence of

the Colonial Secretary- the Governor was bound to entrust the duties of the Colonial Secretary's office to the Chief Clerk

he might properly

there to

any

or whether

nominate

other Person whom

'the Governor might see fit". Zour representation would have been accordingly forwarded,

the question would then have appeal resolved itself into an

against the Governor _ but I must remark however, that I consider, for obvious reasons,- the Office of Colonial Secretary

in so far

regards succession, entirely distinct from the working Staff of his office.

ал am,

Yo.

(Signed) S. G. Bonham._

(True Copy)

да

D'Almada.

The Governor to mņ

(Reed 16th August, 1859)

Letter from His Excellency

11537

trong trọng

RECEIVED

Div. 2

1853

222

6 Great Stuart Street Edinbraryh 30 November 1853

Letter

ding11066 In duertit by your Billie of 23 mot I have

27.11.066

leopy to Deskt

bewith.

this

day

Whitehall

Befor

transmitted to The Eu

at-

The Paymaster General it

on account of Naval Services a Draf!

Bankers in Endon for

Maps Glyen Mills, & bes

Eighty

mine pounds

account of my pupuge

from Houyhong to England between the 28 Prand

und 18°

May

lust

I have the hover to be

Sir

Frederick Reel Gry

Aunder

Pension becretary for The bostories Downing Street

Westminister

Myour

most obedient Servant-

Sottrundas Cay

for the reinle

lipperize the Admin the

Deen

termax

ktm 12

223

22419411

Agent instruct. 20 they 7/55.

Ans? 30.

20th Aug 1 /85.

Sii,

2197 Hong Kong

RECEIVED

A Gundulon's Hotel,

AUME

1853

225

मे

Fest Stent, Angint 17-1888

Than the homer to report for the

information of the Night Don the Secretary fo Acte pithe Colonies, that Sarind it

Southampton in the Stones Indus this

amming – he accrdance with the Certain Regulations, My to forward the Puplicate Despestsh from die Genge Bonkom The Gonner of Houghing to his Graces addre repoting the lean of atomer the Boullensch has bem phand to grant me.

Dedrick Piel Cyr Miß

Under Secretory postate

ፈ

Donning Stil:

226

m =

I shell fut much inditted, if

structions con

for paying

begion

the ancars of Salary deu,

with as litth delay as practicable.

I have the homes th

Sri

mont bledient,

Jon most

acet

see

20 auf

humble Imant

John Bon

22.

Enke

Gu 844! Titare

8497

John Mare, Coi

Longford.

Anderton's Hotel

Fleet Street.

Whory

I For WW' Haves address see subsequent letter from hum Bogle

MRUJTE 220 AUG2

Air

20 toky

227

18355.

ги

answer to

the

"Halksworth 23.

rate

MF Peel your

Duke Dakaf Newcast! 26.

Letter to legent

Letter

19 Justant reporting

your

arrival in this

Country on heave

of absence from thong Kony trequesting. that the Coromal

be Agent may instructed to pure,

the

your halfSalary, I am directed by Duke of Neweante

hat

to acquaint you TW. Serye Baillie, the foromal Agent, whose address is N. 5 Cannon Row Westminster, has

been authorized to ")" pray to you the half Satary of your Office

may from

time to time become

due to

you. Lante

вила,

Ivv 8441

Wither Stall, thong

8497.

George Baillie kay

AgensGeneral.

453 AUG

LINUTE 22Any G

· ( Halks worth 23 McElhot

M MaMarient

ME Peel 24 Duke of Nowrast

Sir

し

228

30th Aug. 1853.

Jam directed by

the Duke of Newcastle.

ๆ to convey to your his auctiority for paying 1. Mr. John Mare, zu fleck in the Trensuer Office of Hong Kong

leave of now on leave absence in this fountry

who is

Draft thithaps for a period of 18

718

from

mouths, such half Salary as may

time

time to time become due to himm

نسنه

and

Jenclose for your information guidance afertificate

signed by the fronial bantiquidé

Treasurer shewing

of Salary the rate

expyed by T. Have

and the date up to which he has been fard in the broug

Duplicate. Jo. 4.5.

Civil.

Orginal reed

20ling

In 8497/63

Victoria, Hongkong,

My Lord Duke,

14th. June, 1853.

& June,

229

I have the honor to inform

14 - 8440/53 Your Grace that I have granted,

No. 1.

with the

concurrence of the Executive Council, eighteen months leave of -- absence to Mr.

John Hare, 3 d.

Clerk in

Office

the Colonial Freasurer's

, on account of ill-health, attested by his Medical attendant,

Dr. Barton.

During Mr. Hare's absence, the duties of his office will be performed by Mr. Robert Rienaecker, in addition to his own as 2nd Clerk and Accountant in the Freasurer's Extablishment, receiving for this cotra duty the moiety

His Grace

The Duke of Newcastle,

&ce,

&c.,

Sce

of Mr. Hare's salary.

The usual Certificate containing the particulars of this leave is annexed

hereto.

I have the honor to be,

With the highest respect,

May Lord Duke,

Your Grace's

Most Obedient, Humble Servant, Stratums

山

230

N. 2.

His Grace the Duke of Newcastle.

Governo die berge Bonham, Bart:

14th June, 1853.

Victoria, Hon/Kony,

Received

2 hiclosures.

Jup. N.45.

Clerk in the Colonial Treasurer's office,

Months granted to Mr John Hare, 3rd

Reporting leave of absence of or 18

and

ofor

performance of his duties. arrangement made

the

ريعة اإلدارية الاتية

(Copy.)

for

Hongkong,

ch.

In8497/53

30 May, 1853.

231

Mr. Hare has been suffering

some time from Dyspepsia and general debility, with hepatic derange- ment, owing to a protracted residence in a tropical climate. The state of vital manifestation generally is materially lowered, and urgently demands

speedy

removal to a temperate climate. Under those circumstances, I strongly

recommend

that he should obtain at least eighteen months leave of absence to Europe, to

insure his restoration to health.

(Signed) Geo. Kingston Barton,

Member of the Royal

College of Surgeons.

True Copy

Maine

Colonial Lecratary.

Despatch N. 45 571953.

Enclosure A. I im

.....

resricting Me taxes impraised Certificate by to Barton

state

of health.

308 May, 1883.

sql Honging

RECEIVED

AUG23. Samtals The

1853;

222 urgen 1833,-

urys

232

Thad the lemor of wisting to you

the 20th Instead, transmitting a despetat see the Herren Mengkeng so His Grace

the Duke of Murette.

Hey

now it inform

the any

addons aning this wants wh has done,

the aftermands Ipponent & Longgore

Intereal, and permiftly.

commanty gar

Thot Pourg M.P

Cotonet Office,

Downing tht.

attend to any

home or at..

Show the harm th

Jou must thercent

South Sorent

John Hare

I. Ellait

This has been noted on the Draft answer about to the dention to I Haves firevious Letter EA97. Walks worth 98 auf

23.

Sitty.

2. H.21age

Дрогб

233

1156

150g chong trong

RECEIVED

NOV30

1853

Sii

234

Longfox Island,

28th Avember 1853.

I have the homer to acknowle

Adwy 10,909 your Letter of the 26th Instant, and

Copy to Alcony

6 Dec

веру

in dcply beg to inform you,

that in

com

accordance with the directions _tained threw, Sonk in the early post of the ensuing mouth repay to the Paymentu Gonne sighty moni hunds, bing the amount paid by the Beard of Adminally for much

Thudnick Ped by Mr. 1.

Downing thrust.

passage

خزان

passage from Hongkong to

tagland.

Than the tumor to h

You Mont Onsient

Rumble Semant

John Harve

Acquaint the becominally!?

vell

позов

235

*म

.......

He Sucratory

Kanuell, 10909 Henry Hairy 236

tent

h the Smuretty

MINUTE

VR Jadis

M2Elliot

· MiMerivale

MRF Peet

Duked Newcosti

A. Su

༥:༥

DECR

6th Dew/53

Refering to your

letter

of the 10 letto Tame denitive

20 by the Duke of Newcastle to haummit to you for the anformation of the Lowes Commmps : of the Aanvietty

the

the copy of a letter from

lis lex John Hare Italing

intention of repayang.

in the torty geast of this early Gearhaf Month the amount.

advanced by the Admi:

Rally Beth. For hid Jufrage from Hong Kany

זי

....

to this

Immer Oster 12372 Story Hong

Гарни

fov 12279 you

しまい

Dear

DEC. 29 1853

Forense Dar

2021883

237

the last real

The rend

from Borg try

letter from ting som

чий

don stati

otting

that he has been afpointed colonial sungen by the former, pro tengs in the files of du leison dend per the enclosed copy and will ful quote obliged by your representing the matter to this frace in order that he may be pleased to confined the appointunk for which toimus

to the the ri

he is were qualified bein

Conducensions in listering

各

a graduate of the Univenty this application now

of Eximbro and Member of the Royale Colege of Surgeons Londen

to. Medus de been supen or

to the Civil Hospitals whe

Phy

King Kong 6 years and he is

good Chimer schelles

and night aussigally be needed

to fovernment

and su

Thick accent

he in

of a family,

If eight children I nad mob

tiles you

how much shuld".

ful obliged bis his paris

but many

Athena

and Immi

may

Santing

be made

238

Jurm May that Set. M.Kurland M..

*****

His Son's

I am not aware with her there.

and wine for

for this situation. da

lery Competitors

that the Governon

the Office.

эратор пр

withdown & with.

the Rest burgon

M31

Ave Kvern

competitors, but I think of sort

The

کے

всгийн

224

Sire

(bory)

h12372-

Colonial Secretary's Office.

victor. Hongkong.

24th October. 1853.

239

In consequence of the decease of Dr Morrison. I have the house to inform you that this becellency the Governor has been pleased to appoint you to perform the duties A bolonial Surgeon.

This is to be considered

temporary arrangement, and at the pleasure the Governor.

The appointment will bear date. the 14th will be entitled to draw

instant, and

you

the full salary of the Colonial surgeon, namely at the rate of £600 per annum. for the term of 2 months, after which you

only

receive a

moiety of that sums, until

the Duke of Newcastle

the pleasure of this has been obtained.

J. W.Albarland. I. D

Grace

I have the houd to be

dir

Your most obedient servant

W. Caine. Colonial Secretary.

240

طاب

ه در تا

ساس سال می رسد

سلام اسلام

ita

الصدر الا الله

الاسلام است باشد

الحمد ابرار محمدا.

مر

مسائل

تناظر بنا الأحد يله

whate

سرور

ليل المالية

ساخنة

المساندة السحميد

لم نجد المحمد

مر

Copy

толкро

четве

Honey Hay

48. Devonshire JE

Portland Place

My Lord Duke

28th Feb. 1853.

241

Those Your Grace

will excuse my submitting the following arcumstances for your consideration, But my position is such that I can only look forward to relief through your Graces kind Medium About a Eveleemouth ago My Rustand Mr. Mitchell, The Assistant Ragistrate and Sheriff of Hong Kong, and Myself seperated, from incompatability of temper, and with his sauction. I left for England, wist no agreh ment was

to what cum he would allow

made as

His Grace

The Duke of

of Revecotte

me, and from the Mouth of Atren Cast, he has ceased to make me any remittance whatener, and Tam enting destitute of the means of support.

If, as I fear, four Grace in your Official capacity, cannot entertain the object of this application, which is & seck assistance from the Salary paid my husband from the Colonial Office - Then Drust any unfortumal position may influence your Graces Private

mediation.

I have l (Signed). Mary Mitchell.

Preiste

виле

George Bribeun

T053

Nor Fadis

Ihr Ellest.

Hunkemate 2 A£Feet Dukey News 2.

J. M.

2/mech/55

ись

گی

I than mich to you

later which Sheve

Just

recrived from

242

Intehall, the wife of

In pursuanne you for M. S. Mitchell instruction pron the Dukey Necreartle

Доку

Apisteal Magistrate inted this of Police at Hory Hay,

Communistide

Thy

Mr. Roberts. Y

increqench ertaine

and Shave to requech

that you will Jelace in

•

in the hands of that

Gentleman

Shere

5068. Your long.

RECEIVED

MAY 11 1853

Windleshamn,

243

Bagshot, Surrey,

4 May, 1858.

My Lord.

Staving in

the

Course

last

деят

Am 3 19th Ray/55.

returned from Mengthing, where I had the hemmin to hold the Office of Acting Colonial Cheaplane, and being now in a perition in which I should again frel Impself at

Country.

I venture f

librety of leave this

approach you

Ghack in the hope that you

will be pleased to confer infer the

appointment as

Chaplain in our

Majesty's Colmico or

Authe

Spendencies.

Я від

Amex

серед да

Secretary

letter written time by the Colmier of Hongkong

the occasion of my resignation

of "pay Officer from which Your Grace will be

Вывать

able of see this Excellency Lin Gange Bonkanis Opinie of the manner in which I performed

My duties.

is Treative and the Jarmon

ferred to have been

t. Duke

Sick of herearths His Grach

lags

I also beg & enclose

copy

" Treatise on Arithmetic in the Chinese

The Duke of Newcastle,

language, written by

mox in the discharge of

the duties of another Office which I held, that of Bruner Inter

St. Paul's College ; littruice

a copy of a Permon recently published, from whicle Your Mann will be enabled of arccition. the nature

Theological views.

of my

Should You Grace be pleased to re-affim t me la Ministerial Change in another part of H... Majesty's Pascesions, Ituet I should be

हो

Enabled, as before, & labin cameekly for the welfare of the Flock Committed off

as will as

by cash, for that of the Nations of the County

tin Which may

let was caito

Imesting that Gore Gence will be

You pleased to complex farmably this

request

лого

this may

humble

the honor to be, my Ford,

Grace's tuit obedient Humble

Secount.

LL.D.

Acting Appointment ; but I ha

This Gentleman hold only

An imprepion theat Sie

Bonham mentioned

Me Che

concer

I am ignorant

of conferring a Colonical

as to the meaus

Appointment sepon the applicant.

G Nexcartte

друг

Hellay

(Copy)

Colonial tresstany's Offier.

244

Victain, Hopkong. 5th

Jamury, 1852.

Sir.

letter

recefit of you

directed to acknowledge

the 3rd Instant, stating that

the Bishop of fiction with thaw require your

Keinen duten of St. Paul's College,

tided

thaution

you

And accordingly wishes to resign the Acting Colonial Chaplaincy, and requesting in consequence that His Excellmcy will be pleased to accept your resignation. Under there circumstances

Sir George Benkame has been pleased to kominate the Revd S.W. Asoman Drelie

this date.

yon from

His Excellary desires an I add that the performance of the duties of the Colmial Chaplaincy as administend by yourself during a period of more than 20 months has given him entire satisfaction,

repets that it should have becom

Arengu en charge.

And

hecessary for you

The Revd

I have the town th, Sei,

Jou must obedient servant, (signed) W. Caines

I have to means

conferring

inpon this Yout

Colonial Lemetary.

19.

B.A. L.X.

笊

Read

при

5050

Rund 7.78. Monniff L.8.8.

WINUTE 13

Jades

M&Elliot

1853 MAY

1/4

M&Merivale

MRF Peel Dukey Newcast/7

8 Hong Sony

19th May /53.

245

Sam dinted by the Bake

of hewers the to acknowt ye

the receipt of your

letter

of the Jiheet and to

exfiress his Grace's regreh

that it is ash in his

Grower to confer upon you

appointurent is

Chaplain in one

f Hhis.

Colonies.

Shere

.........

ада

246

咋

Agent

instructed

Ans

Septtos

No 16.

Go48 Hong Kong

RECEIVED

247

SEP8 London 7th September, 1833.

1853

Sir,

have the honor to report

that I yesterday arrived in England

from Hongkong,

leave of absence

for twelve months, from the 16 March, 1853. granted

Certificate.

не

Oh.

Medical

instructed to forward

the enclosed Duplicate Despatch from Governor Pir S. G. Bonham;

my address during my stay

England will be

"Care of New? A. Bath Pow

Spswich Road, Nowich.

I request you will have

the kindness to cause

The thight Honourable

Sir John S. Pakington, Bart.

Secretary of State for

instructions

the Colonies.

the

to be forwarded to the Colonial

Agent, that I

be enabled

may

to draw the half salary due

have the honor to be,

I. Elliot.

Instruct the agent

office, as it becomes dade de history, wWw. fhe Powerthier half delay thes

has been done?

and

W. Walke

infor

Mr Power

出て

Sir,

Entred

ine.

C. Towen Ege

fov 52971

Hony Money.

✓

248

24th Sept 753

Jam dicited by

the

Your most obedient,

humble Servant,

F.C.Nower.

12.

MINUTE /2 !! Sadis

SEPR

Elliot DRMonvale | 17 WRF Peel

Daked Newcust: 2//

Backe of Newcastle To

schussluge the recupl

of your

litter of the 7

Tusha & to acquaint you

thats

bla

in afly thich the Agent

Gevent has been

inshunted to issue

Your such helf Selang

B.S

Mry from time to time become due to G

to you

during the period of

Gour

have of chance

from be Hong Hong.

010

249

Genge Brittie Eye

MINUTE /2

1852 SEPR

Jodis

MREThot

ption cuts 17

"F* Pock Duked Newcast" || 2/

24th Sept 75'3

Jame directed by

"Dake of Juwerstte to lowrey

to you

his authority for

Jenying

to Mr. J. C. Forven

Deed

Accountant & Clerk of Deck.

Samyar

Registry in the

Geruvalt depustural et Honey Hong,

este

влечься

leve of absence in this

Country for twelve months,

such half Salary as Mary from time to time become due to him during thich

Jeriod.

Semlore a Certificate

Signed by the Colonial

Rewing the

Treasurer shewing

Set of Laley enjoyed by

Her Borven & the olete lef

to which he has been

Groid in the Cloux,

Me 14.

Former Papers knowith.

Gov 5297. TW Powvago AD.

Agent instructed 23

And 19 Dec / 5.3.

18m2 trong trong

ECEIVED

DEC. 12

1853

250

Ipswich Road,

th December, 1853.

Norwich. 10

My Lord Duke,

stive

I have the harver to apply

ths

xtension of myy

leave

absence from the Purveyor Generals

in Hongkong, which I trust

Your Grace wi

SH.

l·l be pleased

the following considerations.

When I applied for leave

in thonghong Honly

twelve

asked for

this (although eighteen

}

کے مجھے رے

thes

goue

lly allowed j

because

Fet

کام سمجھے

tie

سمجھے

the lead of my

templated returning to England

love is March, 1854. and I feared

The Wright Honourable

The Duke of Newcastle

Secretury of State for the Colonies.

ها

251

services

could

be sparedd.

climates.

during his absence;

since le

learned that the Survey or

General will delay his depour lire

jor come

months.

Having sailed prome

вел

but I have

dical adviser

ZC-L-L..

and

I have consulted

he is of opinion

Me-

thet

my stay

ine

England will

be loo

short lo

siv

be beneficial if

the fourthier leave

foarstion

be not

کیسے سمجھے

China too

tered

سی کیسی

lute.

in the

least i z

boisteroust

کیسے

dious passage, so that on

arrival in England half my

leave of absence had cœpired;

health has not derived

and

the benefit from the Voyage I

anticipated.

Moreover, having

in England

arrived

so late in the Year,

the inclement

since

weather I have

met witte hus

been

very

unfavourable to

iny health after

living thirteen years in tropical

granted

I enclose

my Certificates

from the Colonial Government

obedience

tins.

the Colonial Regula-

I have the honor to be,

My Lord Duke,

Your Grace's most obe dion: ummable Servant,

J. C. tower.

Dccountant & Clerk of Feed Registry,

Surveyor General's Dept, Hongkong.

climates

Crtificatio

at the end

950401KG

Mis

Considering

прорив

the chimmat of Hong Kong,

may

franked wittrat esking for charter colificato.

Comrefu y

may

I'm s Jadi

to Jerver Attrinnd leave of a lunce yo teetse

auths & now applies fran

Would rest be.

as well to undecieve

4: eighteen Smith, bring,

beveel.

12 Deer

〃

the fish in stain

کرنے 220

wizy

Манаст

Bink

Sifuence to

Mr Morrison.

چھر

Extrees.

You 52944 H.hong.

C go

in 111812

252

Rep

J. C. Power Key.

Ipswich Roads Norwich.

し

185.3 IDEC

MINUTE 1 Dec 17R Hulkowath 15. MBElliot

MEVerivale

E Peels

Duked Nowruze!!

fir.

19 Dec/55.

Jam directed

by the Duke of

Newcastle to

acknowledge the receipt of your

the 10!

better

Instant, and to

acquaint you in reply that, under

the circumstances

ун

}

253

you

have stated his

Grace will not

withhold his consenti

to your extending Your absence from Bong thong for six months from the expiration of your present leave on

the 15. March next; bunt, with reference your remark

Heat 18 mouths

This is stated on the authority

of the Duke of Newenseter Deep t the Governor of lay low 146 fudy/59 Hou).

ofleaylow 14/49/830

which the the of

Nuraille comidas

fubfer fitting the acheni to

mouths is to be

Considered as the

maximum period for which leave,

be granted and

can

that 12 or 15 mouths, of farther the limit, under

ordinary cremustances,

Jante

leave are

generally

L'am to

allowed, Lan

observe that Eighteen

months

عاليه

}

11812

Hang 20.9.

254

Ges: Baillie Expe

MINUTE

WRETLOF MBMertzale

1954

VRE Peel Duked Bewound

थ

21.

I find that this

instructor to the Agent

alien the

omitted the

has one

extension wa

te for Bowen

Frost to Gover

granteat

فی

23 March / 56.

The Duke of Newcorite beving

grantist to New S. C. Tower Accountants, and Clash of Deed Origistry

in the

Surveyor General's defet :

at Harry Harry,

an e

Low

of his leave of absence from.

the Coles for six monther

from

the 15th Instant S

ame to Corney to you

Grace's authority for

issuing

to Eur Power the

half Salary of his Office

for the Jeeriod in questionEart

砂

7:14.

as it may fall dul Share

Mr. Bowning

11812 Hony Horey

255

21 March /544.

With reference to my

1854

MINUTE

WARS

"Elliot Monval 20 HPW Peet Duked Nera 21.

despatch 810 of the 26 of

Surveys Gents Desch.

fh &e Agual.

May bash Share to

aquaint you that Shoe

Power

grouted Her S. C. Fourn Accountouch and Clerk of

the Deed Registry in the,

at Hong Kong

au extensieri

absence from

of his bere of chence Jeme

the Colony for a period

of six Mouths from the

15. huh

Jud1812/53

I hereby certify that, with the advice and consent Executive Council of Government, I have

256

of the

e granted to Mr.

Julius C. Power, ond year's leave of absence.

Victoria, Hongkong,

10th March, 1859.

Itstatan Governor

I hereby certify that Mr. Julius C. Power has received full salary at the rate of £. 300 per annum, as Accountant and bleck of Deed Registry in the Lurveyor General's Department, up to the 15th March,

1853, inclusive.

Memmin

Colonial Creasurer.

* Note. Officers proceeding on have of abeened are requested to observe that they will not be enabled to receive half salary in England, unless this Certificate is

duly filled up and

Signed.

い

( Turn over.

er.)

I hereby certify:

14. That the above leave was

:granted to

commence on

the

the 15th of March 1854,

16th of March, 1853 and end on the 15th of .

on the ground of ill health,

ground of ill health, and that the Medical

copy is annexed

Certificate was produced, of which a

nd . That Mr. Julius C. Tower has served the brown for

Seven years, five months and

3rd. That in the courte

on leave

fiften days.

of that service he has been abeent on several occasions, at the dates and for

the terms specified below, viz:-

In the

e year

خوهر

1848_ Fourteen days.

1849- 1850-

1857_

Fourteen days.

Cleven days.

toleven

Twelve days.

1852_ Sixteen days.

14th. That provision has been made for the due execution of Mr. Julius C. Power's office during his absence, by Mr. Redward Morgan, black to the Auditor General

Intune

Note. - Officers

Officers who

be under the necessity of applying may to the Secretary of State for an extension of their leave of absence, are requested to annex this document to their applications, and in order to meet this contingency, it will be furnished to

Duplicate.

them in

Copy-

」

257

Hong Kong, February 16th, 1853.

Mr. Povez, Accountant and

Clerk of Deed Registry in the Surveyo Generals Department, having applied

tom to me

respecting his decire to obtain leave of absence for Twelve months

I have to remark that he has

recided in this Colony for the period

Eleven

years, of

which time he

has been imployed by Government

and a half.

for seven years

On former rccasions I have somewhat emphatically remarked that, with the view of preserving

the

efficiency of Public Servants,

SASALA

258

and averting

that excessive

deterioration which a prolonged

residence in this climate

produces upon

the

vigour of

ruropean Constitutions; after a period of seven or eight years

service, Government officers

should be

permitted to recruit for twelve or eighteen months in Europe; I will reiterate this plea on behalf of Mr Power, and add that he has during the

been

very

last five years repeatedly under Medical

treatment, in consideration

Twelve months' leave of absence

to proceed to England, with the

view-

of recreciting his health

Signed) William Morrison

Colonial Surgeon:

(True loy

Maine Colonial Secretary-

which

facts

ets I would advise

that he should be granted

259

- יזיי- יי

לרי.

And? 15 Juni !!!

6117 Hong Kong High Creall

TVASIVE

JUNE.11 1853

My Lord Juke,

After an absence

wallington, Sheopshire

June 9.1853.

260

an absence of right years

& upwards as fovernment Chaplain in

Hong Kong I have recently returned to England on sick leave. As my health

the

has suffered from the affect climate I am desirous of avoiding return to the tropics thave taken the liberty of this addrefing your Grace & requesting your kind consideration afmot

ance...

I am prepared to place the Colonial Chaplaincy of Stong Kong in the hands of it. I. Government swould accept

home appointment of considerably le.fe fecummary value, should anything вр расмийали occur in which you Grace would be pleased to afrist

any

me.

Should not this be possible I would

ה ·

ask

whether it would he

ши

rested fully fermitted me to rechange present appointment with a Clergy: man holding preferment in England? I have to apologise for this inten=

ding upon your grace, but this course was recommended tome as the most dred & I have no me the toshate

case : My residence in Hong Kong

has been a lengthened

during

one Las the island

a considerable portion of the time was very unhealthy, my deine will not

I trust, seem an unreasonable one.

humbly request your Graces favourable

cous beration

I have the hormon the

My Lnd Juke

пи

Jr. mort obed! humble law?

S. W. Steeman

Colon? Chaplain. Đồng trong.

His Grace

The Sake of new caitte

Li Le.

261

he must make the necessary reseaubes himself for a Clegymon at home to sachare with. The chaplaing at H. Kory is worth £ yoo ker

Annum.

Stri

вика

262

117. Horry

611

15 June 1853

Swist entertain my proposal of BrrF: which is not dosadvantageous

teat in no

Rory;

Sufpnez

Wishes to be practicable

Sing

не

Адре

such an wchange as

substitate we're in

very

Stedman has assured

to be replaced

M. Merimle

Ham

tageous to the Wang

the

than

respect qualified for the chapling.

Perhaps the Duke of

Private Secutary

dursions

Know of

come

Vecocettes

Office may

Clergyman

willing to rechaue

with M. Steedmon

I know of mod It has

Sefrlaing

Chin

The Rew. S. M. Steedman,

Sir,

M. Blackhuml. 13 fure.

Mr. Merisale

Mr. Reel.

I am directed by

the Duke of Newcastle to

Seller of

Achmmlide your

He D. y Narcastle -.13.

The 9

12.

uistant replaining

the reasons which make

You

dexcious of avoiding

Henry Mong

return

and stating

Meat you are Surrender

prepond to place your

Apponitment of (Monial

Chaplain at theat place

into

in the hard of. M. Godt

AAAAAA

if you

C da

succeed in

with

effecting change

Cleegynan holding

preferment in England;

And I am to acquaint

You in

Auster

that the

Duke of Newcastle will

Entertain

any

peoporal

submit

which you may

to him

on this sulyjet

which is not disadvanté enes

to the interests of the

folency.

I have

263

UNTO THE RIGHT HONOURABLE THE DUKE OF NEWCASTLE, HER MAJESTY'S PRIN-

CIPAL SECRETARY OF STATE FOR THE COLONIES;

THE MEMORIAL OF ANDREW SHORTREDE, residing in Hongkong, Shemeth,--

1. That an action for Libel has been brought against Your Memorialist under the following circumstances:—

2. Your Memorialist is Proprietor and Editor of the China Mail Newspaper, which, in commenting on the loss of the Steamer Larriston, on the Coast of China, on the 1st of May last, used these words,-

"It is also certain that the loss of the steamer was caused by gross negligence on the part of the second officer, who, had the catastrophe occurred in his own country, would now be in jail waiting his trial for manslaughter."

Again, "Altogether, the loss of the vessel can only be characterized, in seamen's phrase, as "lubberly work," and will serve as a lesson to our shipowners in future to employ men having local experience of the coast navigation.'

3. According to the best information obtainable at the time, and still relied on, these remarks were fully warranted, and are not so severe as, judging from what was said about the loss of the Orion in June 1850, the event would have called forth in the home papers; especially as it farther appears that, besides the questions of seamanship and carelessness, there was only one efficient boat, and Thirty-one lives were lost within gun-shot of the shore.

4. At any rate, the remarks in the Mail were made without malice or gross negligence, and their publication, it is conceived, was for the public benefit; pleas that are available only under Lord Campbell's Act, "for the better protection of private character, and for the more effectually securing the liberty of the press.”

5. But your Memorialist has been told, and it is a matter of general belief, that the present action would not have been brought, except under the impression that Lord Campbell's Act is not in operation within this Colony. He cannot pretend to say how the point will be settled by this Court: but as a judgment may be reversed, the question can be definitively settled only by Her Majesty in Council; and to that end the following memorandum of facts is respectfully submitted to your Grace's favourable consideration :

6. On the 5th of April, 1843, a Royal Charter was granted to the Colony of Hongkong, which, amongst other things, authorized the formation of a Legislative Council; but that Council made no laws until the following year. On the 21st August, 1844, an Ordinance (No. 15 of 1844) was passed, "To establish a Supreme Court of Judicature at Hongkong," the Third Section of which declares,----

"That the Law of England shall be in full force in the said Colony of Hongkong, except where it shall be inapplicable to the local circumstances of the said Colony or of its inhabitants."

This Ordinance was repealed, and another (No. 6 of 1845) substituted, dated the 19th August, 1845, and entitled "An Ordinance to repeal Ordinance No. 15 of 1844, for the establishment of a Supreme Court of Judicature at Hongkong, and to substitute other provisions in lieu thereof," the Fourth Section of which is as follows,

"And be it further enacted and ordained, That the Law of England shall be in full Force in the said Colony of Hongkong except where the same shall be inapplicable to the Local Circumstances of the said Colony, or of its Inhabitants; and that in all Matters relating to the Practice and Proceedings of the said Supreme Court, the Practice of the English Courts shall be in Force, unless and until otherwise ordered by Rule of the said Court."

But on the 6th of May, 1846, another Ordinance (No. 2 of 1846) was passed, entitled, “An Ordinance to amend the Ordinance No. 6 of 1845, entitled, An Ordi- nance to repeal Ordinance No. 15 of 1844, for the Establishment of a Supreme Court of Judicature at Hongkong, and to substitute other provisions in lieu thereof," the Third Section of which is as follows,-

"And be it further enacted and ordained, That from henceforth such of the Laws of England only. and such Portion of the Practice of the English Courts (subject to the Exception of their Applicability as contained in the said Fourth Section of Ordinance No. 6 of 1845,) as existed when the said Colony obtained a Local Legislature that is to say, on the Fifth Day of April, One Thousand Eight Hundred and Forty- three-shall be of Force therein.

All these Ordinances were confirmed by the Queen in Council.

7. Lord Campbell's Act became the Law of England on the 24th of August. 1843, and it was in operation in Hongkong up to the 6th of May, 1846; for the only other case of libel that has been brought into this Court since its institution, was

264

a prosecution by the present Attorney General on behalf of Admiral Sir Thomas Cochrane, against the Editor of the Friend of China, tried on the 2d of June, 1845. The defendant, under the provisions of Lord Campbell's Act, having pleaded “ Not guilty—that all he had stated was true, and published for the benefit of the public,” the case went to trial, and ended in an acquittal; the present Chief Justice tell- ing the jury that, "it was for them to judge if there was a necessity, first, to publish the facts; secondly, was it necessary to publish the commentary;" directions au- thorized only by Lord Campbell's Act.

8. It is presumed that the Plaintiff is aware of this case, and having retained the only efficient Barrister and the best Attorney in the Colony, he must rely on the above quoted 4th Section of the Ordinance of 6th May, 1846. Your Memo- rialist is not a lawyer, and, though on the present occasion constrained to conduct his own case, does not pretend to argue technical points of law; but for years past he has taken some interest in discussions in Parliament and elsewhere, on con- stitutional questions, affecting the rights and liberties of British subjects. He is thus enabled to turn to a debate on the Cape Constitution, (July 15, 1851,) in the course of which Lord Lyndhurst, having been appealed to as a great lawyer, is reported to have thus opened his speech :—

"When this House takes an opinion on a question of law, that opinion should be pronounced with as much fairness by the legal members of your Lordship's House as if they were stating it in a court of justice;" and referring to Lord Mansfield's judgment in the Grenada case, the same high authority said,——

"Now, when the Crown granted a franchise or liberties of any description, whether to the inhabitants of a district or a colony, the grant was irrevocable; it could only be put an end to by surrender, by Act of Parliament, or by forfeiture established by proceedings in a court of justice; and there was neither of these here." (Spectator, July 19, 1851.)

According to another report, His Lordship gave as the essence of Lord Mans- field's “most elaborate judgment, pronounced in the most distinct terms—terms that could not be misunderstood,”-

"That if the element of the franchise were once given-if the power to legislate were once considered if any popular right were once bestowed, anything that was to be a check upon the Government-then, in that case, the Crown had not the power to revoke what it had once granted." (Morning Herald, July 16, 1851.) Your Grace took part in that debate, and would appear, both by your speech and vote, as well as by your subsequent policy towards the Cape, to concur in these views, which seem also to be in accordance with those laid down by Lord John Russell in his speech on Colonial Policy, published, by his authority, in 1850.

9. Presuming therefore that the doctrine applied to Grenada and the Cape is considered sound, your Memorialist submits that it receives additional force in the case to which your Grace's attention is now more immediately requested; for, it is humbly submitted, that Lord Campbell's Act was not only one of those liberties and privileges which, once conferred, could not be arbitrarily taken away, but it had actually been enforced in the Courts of Hongkong, by virtue of two Ordinances confirmed by Her Majesty in Council, by whose authority the Council that passed them is constituted.

10. Should it nevertheless be held that the 3d Section of the Ordinance 5th May, 1846, took away from the Colony the privileges and protection of the laws of England passed subsequently to 5th April, 1843, then it follows that another, locally still more important, Act of Parliament, which received the Royal assent on August 22, 1843, two days before Lord Campbell's Act, is also abrogated. It is entitled, “An Act for the better Government of Her Majesty's Subjects resorting to China," and is set forth in the preamble to the first Ordinance, (called Consular,) as giving virtue to Her Majesty's Letters Patent, authorizing the Governor of Hongkong as Superintendent of Trade to legislate for Her Majesty's subjects in China; the said first Ordinance (24th January 1844) rendering them “ subject in all matters to the Law of England, (as much as in the Colony of Hongkong, § 1,) and extending the jurisdiction of the Courts of justice at Hongkong over the same."

11. Surely it could never have been intended, by means of a single clause in an otherwise unimportant Ordinance, to sweep away from the Colony three years of the Laws of England. Your Memorialist has within these few days read a re- port of an appeal to the House of Lords (May 6, 1853,) as to the right of way through Campbell of Blythswood's policies. It was pleaded, in bar of an imme- morial right of the inhabitants of Renfrew,

"That in 1787 and 1835 Acts of Parliament had been passed for improving the navigation of the river Cart, and under these Acts a towing path had been formed along the banks of the Cart, and the river trustees were directed to erect and bad erected a ruble wall and iron railing along the towing path, enclosing the appellant's lande, and these Acts declared that no one was to be allowed to go into the said lands except with the consent of the heir in possession of Blythewood for the time being."

In delivering judgment against the appellant, Lord Chancellor Cranworth said,—

“The main point, therefore, to be first considered is, whether the statute puts an end to the right. Now, it would be much to be regretted if the House were to be bound to construe that statute so strictly as was contended for by the appellant. Indeed, it would be a monstrous thing to hold that a public right which had existed up to that time from time immemorial could by a side-wind-by such a clause as that statute contained, be thus swept away and extinguished. His Lordship then quoted the statute, and concluded with saying, that it was not to be construed strictly, but was merely intended to make an arrangement between the trustees of the river navigation and the appellant; but as to the rights of the public to the ways in question, it just left these rights where it found them-it neither gave nor took away.” (Scotsman, May 11, 1853.) Upon the same principle your Memorialist would respectfully submit to your Grace, that "it would be a monstrous thing to hold that a public right which had existed up to that time (from the first day of the Colony,) could by a side-wind-by such a clause as that Statute (Ordinance) contained, be thus swept away and extinguish- ed;" and that too under show of amending the laws and government of British subjects,—for "amend” and not "repeal” is the term used in the title and preamble, --the 29th Section of Ordinance of 5th May, 1846, "constituting a local Court of Error and Appeal," being the only one expressly repealed.

12. Under the circumstances now set forth, your Memorialist approaches your Grace, beseeching that, if it should appear to the legal advisers of the Crown that Hongkong has thus been deprived of important rights and privileges, steps may be adopted for restoring them; and whether or not the present operation of Lord Campbell's Act within the Colony be considered doubtful, your Memorialist humbly suggests, that, in order to put it beyond the power of any one to vex the lieges, under an old law, which the Lord Chief Justice of England said recently, (Sir Charles Napier v. Murray,) was often vexatiously and tyrannically enforced, a de- claratory Order or Ordinance should be passed, authoritatively setting the question at rest.

13. Your Memorialist, desirous to have a decision regarding Lord Camp- bell's Act by the Hongkong Court, made a proposal to that effect; but the Plaintiff, under the advice of his lawyers, being confident that it is not in operation here, objects to have the question mooted to the Judge before the day of trial, which, from the absence of material witnesses on the way to England and elsewhere, will probably be postponed for several months.

14. Your Memorialist begs to state, that in June 1850, the Orion Steamer was wrecked off the coast of Scotland, under circumstances very similar to those at- tending the wreck of the Larriston, the number of lives lost in the latter being Thirty-one and in the former Forty-seven, through the neglect of the officers on duty and the insufficiency of the boats. The Captain of the Orion and the second Mate, who was officer of the watch, were indicted criminally, and brought to trial before the High Court of Justiciary at Edinburgh, on the 29th and 30th of August follow- ing, and being convicted, the Captain was sentenced to Two Years' Imprisonment and the second Mate to Seven Years' Transportation. In summing up, the presiding Judge, the Lord Justice Clerk, remarked, that "he did not doubt that the greatest public benefit would accrue from the disclosure of the facts," and in pronouncing sentence on the Mate, his Lordship further remarked, that "the sen- tence is no doubt one that must produce a great impression." Entirely concurring in these sentiments, your Memorialist conceives that he was only consulting the public benefit in alluding to them; and [submits] that no one should have the power, by a doubtful or defective state of the law, to bring actions against an editor for so dis- charging his duty,

Entreating your Grace to give such effect to the premises as may seem meet,

Your Memorialist will ever pray,

HONGKONG, July 21, 1853.

265

8660 Hong Kong Brighton

RECEIVED

AUG2 5

My Lord Duke,

Aug: 25.1853.

266

I key to acturwledge the

letter pou

hes

reccift of a

F. Peel Cope resfect?

the chaplaincy of stong Kong. Having removed to this place for change, it only reached me this morning;

It is with great regret dsurprise that I lear difficulties are likel, to arise respecting the temporary performance of my dutie I consulted the Bishop upon the subject & did not leave the Colony until I had made arrangements satisfactory to all parties swhich would, as I thought, meet every con:" thegency.

We were aware the Bishop was about to leave for the north, although indeed his departure has taken place lover than I anticipated. There are beribe the Milit? Chaplain two other Clergymen resident in Victoria whore and was promved, besides the occasional apistance of one dsometime. two naval Chaplains.

привет

Deap to Gor 24 any

Kessy4/5

MEMORIAL

ANDREW SHORTREDE,

OF HONGKONG,

HIS GRACE THE

State for the Colonies. Her Majesty's Principal Secretary of

DUKE OF NEWCASTLE,

HONGKONG, 21st JULY, 1853.

As regards my

health. I am better than

England, shave

when I arrived in England,

at present every reason to Expect that

I shall be sufficiently restored to

resume my

duties at the expiration

of my leave. If however

my propes

should not be satisfactory I will

not fail to acquaint you

Grace. I have the houn the

De information

Lad Duke

Zr. obedient, humble sew!

Hi Grace

J. M. Steedman

the Duke of Newcastle.

Mr Whist

Requemint the you

Bishop,

7. H. 20%

لام

27:2

267

}

8660. Akong

Ent d

The Governor of Hong Kong

Ir Ellish Mr Peel

Sluke of stonesätte

2.M

Siv

збрал

268

Decoming Free. 27th August 1853

with reference to my

26 Auft Supated to 20 of the 1800

27.

of August, I have the nonor to acquaint you that shave Leard from the Read In Steedman that his health is improved

and that he has

every

reasón

to expect that it will be

sufficiently restored to enable

him to resume his duties at

the

absence.

expiration of his Leave

Shaung

Aus Wo hov / 53

His Grace,

11755. Hong Kong Javistock Hotel 269

LIVED

RECEIV

0.0

NOV. 1 1853

My Lord Duke.

Myself

Covent Garden

Nov 19.1853

Being desirous

desirous of offering

as a Candidate for a

racant Grown Living it will be

necesary that I present some tes. timonials se: Under these encumstance

сон may I request that a copy of Si G. Bonhami's letter Lother paters which were forwarded to the then Colonial See previous to my

as Colonial Chaplain

affointment as

at Hong Kong;

I would not have this intruded

the Duke of Newcastle

Colonial Sec. Lemyself upon your frace, but I have no copy of the paper сон referred to: I should your Grace be pleased to accade my request it wild be

esteemed a peal favom.

I remain стай

My 2nd Fake you most obed! humble how! S.W. Steedman

Colon? Chaplain.

Houg Kag

Mor Remale

there will be no objector to

litter & which be refers. The Grincipal

by may y pussype sy

V AX

n.20

The Bishop of Pctoria Aven

Extract from the

Gens : Desk:

h106. of 18 2/50 mughh

also be of service to

lumn,

DUR

270

to chication to his any

I anseen the Commspundene this pepe Mccully on the hatfer of the Axplaing

Virzhong. These chilledenen bich lon

polum in

la he

algeramling in

in with the leveld of with вежлив

his affbeatime, to orden Kas bis Vacasein at Wengung bagh oppiinlist betion

posible. Ifth ballgwer abimete

letum, at the end often lease, this bui

Demath

the wit

hone

JW 2323.

23.

ہے

11255 Hany Sony

Nerd S. W. Stranger_

Read

Christchinch

Oxford

MINUTE 23 NOVR 2.44 Jades 25

MREIL

M®Merivulz

MEEPeel 25 Dukey Newcast! 26.

Copy Sen Staveley 28 hov/st.

by Bee/50.

6. You Bouhou 28 Thow/50 1060. Bishop of Victoria, Letter By See/so.

In complia

271

26 hou! :.

Compliance with the

Request expressed in your

litter of the 19 Kech Pane the Duke of

directed

Peavootte to housmit copies

estach yo

gue

of the letters to which,

refer, together with su

Extract fra Sir George

Bonham's des path recom.

: Mending que

14 you for the appoint. Preent of Celonial Chaplain ab Harry Hory.

Sean to weld that lie Jew

Grace

would wish to be

apprized of the result

of your application fo

Crinere Levici

Living

as forr.....

as may be practicable,

In order that, in the

event of your rech

to the

Returning to

Colony

at the terminator of you have of absence,

you

Sumfor may be appoint at

serthunt loss of Perive.

Flore

272

: :

273

UNTO HIS GRACE THE DUKE OF NEWCASTLE, HER MAJESTY'S PRINCIPAL

SECRETARY OF STATE FOR THE COLONIES;

THE MEMORIAL OF ANDREW SHORTREDE, residing in Hongkong,

Shereth,-

THAT your Memorialist has received though the Government of Hongkong the following, as the substance of Your Grace's reply to his Memorial of the 21st July last:-

No. 262.

COLONIAL SECRETARY'S OFFICE, VICTORIA, HONGKONG,

12th December, 1853.

SIE-I have the honor to inform you, that His Excellency The Governor has received a reply by the present Mail to his Despatches of July and August last, which accompanied your Memorial to His Grace The Duke of Newcastle, on the subject of a Libel case instituted against you in this colony; and in reply thereto, I am to acquaint you, that as the case to which it relates appears to have come on for adjudica- tion in the Court of Hongkong, it is out of the power of His Grace to take any steps respecting it.

I have the honor to be,

Sir,

Your most obedient Servant,

A. SHORTREDE, Esq.

W. CAINE, Colonial Secretary.

The reply is so beside the question, that Your Memorialist must suppose that his Memorial has either been unread or misunderstood. He did not ask Your Grace to interfere with the course of the law in operation, for as it stood or might be interpreted, it must apply to any cause arising under it; but as, by the united voice of the Bench and Parliament of England the law had been condemned, as an instrument of tyranny and injustice; and as, moreover, the amended law, after being conferred on this Colony, had been taken away by a side-wind,—your Memo- rialist presumed to think, that, upon a fair and explicit statement of the circum- stances, redress would not have been sought in vain from Your Grace; and under the impression that the facts have escaped, or never been brought to, Your Grace's particular notice, another copy of the original Memorial will accompany this.

The reason assigned for not taking any steps in the matter no longer exists, for the action against your Memorialist under the old law, was dropped some months ago; but the law still exists, and so long as that is the case, Your Memorialist will not cease to use all lawful means to have it amended; and with that view, Prays,

That Your Grace will be pleased to take the premises into consideration, and restore to the Memorialist and other British subjects in this Colony and in China, the important right to which as such they are entitled, and of which they have been deprived, unjustly and without cause.

And Your Memorialist will ever pray,

HONGKONG, December 28, 1853.

AND. SHORTREDE.

12185 Hong King High Excall.

Wellington fire

RECEIVED

DEC.22

1853

My Lord Duke,

Soon after my

274

Shropshire

Dee = 261853

arrival in

England from Hongkong. I addreped

a letter to your Grace requesting per:

mission to exchange my

Colonial Ap-

fiointment, should I be able to meet with a Clergyman willing to go out:

was pleased to state

you

would entertain

any

2 your frace refly that popaition I might make which would

no to the welfare of the

plone not injurious

Colony.

I have met with a Clergyanan

of standing seateriance age 42, who at perent holds a Chancellor's Living in

..........

Jonner Papery. 611y Stedman.

11255

28 Dees

Odesp: to how 18 Jam /04 - 187

Letter to Bishop of Winchester 9 Jan 1544.

mijnisry

MEMORIAL

ANDREW SHORTREDE,

OF HONGKONG,

HIS GRACE THE

Her Majesty's Principal Secretary of State for the Colonies.

DUKE OF NEWCASTLE,

HONGKONG, 23D DECEMBER, 1853.

***

Hampshire dis willing thas percipion

to exchange

with me & I now write

to request that your frace would be pleased to permit me to make this

Exchange,

briable S my

as it is not deemed ad:

medical at that I

should return to the Tropics.

My recent application for a Living with

reference to which I requested copies

of my

testimonials p: your face

Withy

unsuccessful have the Cowon the

My Lad Duke

Ais Grace

Your mort Obed! Lewart

S. W. Steedman

The Duke of New cartle

ん

ว

275

}

Her Marion te.

Jame

011

emits t

bbt the

Clergegaman 's

ing in Hampshire,

Atch of

both of which Paschenland will be sucepans to enable the Lake of Newcastle to sishtule the requinte expuries.

22 Ju

MIL

Clearly

23-

Studinar 12185 W Kong.

Ent

The Rev. MW Steedman.

High Escall.

Wellington.

Shropshire.

MINUTE 23. 11853 DECR * Waitswalt. MEELLA

124.

· M2Merivale | Uj MEF.Peel U Daked Newcosil 27.

Sir

your

276

2.84 4/20/13

Referring to hatter of the

21. Justant, Jam directed by the Duke of Newcastle

to request

that you

will commumente'

for his Grace's

me, for

information, the nave

and address

Clergyman with whom

You

you propose to effect an exchange of Clerical duties

Santo

Ente

Steedman 12185

12.884 Horny Hory.

He Sard Bishop of Winchester,

MINUTE 3

VR Jodis MREILOE M*Menvale

MoF. Peel

Duke of Newcas!!

1854

JAN Y

250

10 Jany 54

Ansved to

390

May and

277

9th Dau/549

Shave the horim to transmit

your Lordships etc Copies of two Lattest

by the

Rolderped to que Revd. S. W. Steedman,

Colonial Cheplace ob

Hong Hong relative to in exchange of Appointments, which he is desirous the

effect, and in which he apprizes me thish the Hard William Beater, the

Succumbank of Try field in

Harrufshire, is willing and has Geomission exchange the Sering be

hots. Before geving My final sanction to

this areang

arangement

should be obliged by

Your Ludshift informing

me whether

you

Ceresiden

Mr Bantic to be will

qualified to fill the

Clariel Chaploinery

whether there cxists any dejection, of which San

Wich aware,

Aware to the

Greopored exchange of

Apprenticent арригий

278

30%

цв

Recetinan 17,304 & Berry Hory.

Winchester

he Geor

Borhave

MINUTE /S MR. Jodi's

1854 JANY

M&Elliot

MMerivale 17

M&F Peel

Duke of Nences

12185

し

279

18th Jauf 271

Sering hard send

My Considerition are

application from the Feed New Studvar, Colonial Cheftrin at Hong Kong.

to be allowed to exchange the appointment he helters for a Living

this Coventry, Share to informe you

that I

have acceded to his

st to bestudeer request,

and that I have

accordingly apponitent

the Peach W. Barti,

the Phector of Hyfield

In Hampshire, as his

Lecerfon

Her Banten has leev-

fie

всем

: puesented to dove by

the Bishop of Wincheste

to be highly respectable,

and, so Jares his

Lordships

is swart,

swell ge

qualified

Jusforme the cluties of

Conial Cheflein

efficiently

Shave caused her Benter

280

to be apprized that it is desirable that be

Should proceed to Hong Hong without loss of time-

}

281

12185 12384

Enchester 39

Henry Morg

18th Day/54

Norch. S. W. Steedman

1854

MINUTE /5 JANY

M&Elliot

M.Merivale

MRE Peel

Duke of Newcast /S.

Dacht to Gov.

pp. With reference to your

letters of the 31 and the 28th letto Save directed by the

Bucks of hercasite to

acquaint you that, upon levering your esegnection, his fance will be quepared

appoint the level Com

Bantin to the Atornil

Chepleiney in Hong Hong.

Sam

to request that

You will apprize ken

Banten of his Grace's

decision, and that it

is desirable that be

Should quoceed to his

destination at as early

a presions as may Gruasticable.

Sam & cold theb

the Sees of £150 will le granted to So Banten

to enable him to defrac

the expense of his Jupage

Frete Colony.

Steedman 12384

-82.

Boat - 821 Hory Many

Ent:

Rent S. W. Bluesman.

282

3 Feb27/54

MINUTE 6 1R Sades

1854 FEBY

MREILOE MEMen rale

H&E Peel Dukey Newces 3.

Same directed by the

Duke of Newrestle to call

Jour

attraction to mus

letter

of the 18th Eette - and to stite

that the apporalment of the

Feed Her Benter to the

Chaplaincy at Honey Hong,

Conuda be completed sentil his hour is in Jetpopion

Grace

of your assignation of that

Office.

Seve

former Papers.

Sudman 6117

11255 12185. WH-

12384 HongKong High Ereall

RECEIVED

DEC.30

1853

Welling tou 29 Dec 1883.

283

Copy to Budkop of Winchester Glam /50

for with reference to

your

letter

the

the 28 twist. I beg to encre for The information fiths Grace 5++ Duke of New cartle the namet

addref of the Clergquran with whom I am desirous of exchanging

Vis. The Rev? Will the Baster

Fyfield

Andover.

Haut.

I have the hava to he

Sir

You obedt Sevant

Fredenck Peeli Ene

Le P.

S. W. Steedman

appens to me that we

e possess

Mr Merinle.

suitableness

haynate, well information Concerning the display of M. Bagter for the Chaplaincy at thong

Kong. If thich should be

the opinion of the Duke d

Newcastle perhaps this

Grace is appronse of

Letter of requery

being adduped

to the Bishah

Marchula

300

I think a letter should I addressed to the son of Winchester, ashing whether in his Rinse the Aud to Baster is a person to undertake this duty. Do Jan 2

fi.

filling

چھ

284I

Index

285

lan

Hong

286

Klong.

1853.

Vol 3.

Miscellaneous.

Public Offices.

and A to Z.

Admiralty.

Mr Hilliers Contract Papage. from Mong Mong

June

22 400

Ang

hor

England - Requests gland-Riques

repayment for-₤104.

10° Reports

that the sum of 2104 is the correct amount

24 Suppression of Poracy "the" Grecian" Mat o

War has been

and troo

Heamers will

14 Contract Papagu for

Mr John

...

1853

Cont

Thov 14

Ди

Admiralty:

287

Mr John Fare from Hong Kong to England and Mr Edua Sweeny from Malta to England Requests the cost thereof £102.

may be repain

to Paymaster Cent__

15 Loo Kes a S. M. Steadman

Col Chaplain

Do. De £89.

to England

200 Mm R. P. Cay. Reg

200

Sup Court to England

£89.

Do Lea

Mr G. Q. Trotter

Chief Ludger Cluck. to England

£89.-

23 Mr Hilliers Papage.

The reduced rate of

Passage not including July. consider £104

to be the proper tumes

Foreign Office.

Mr Franz Knoops

Appointment

853

Cont

Can

Foreign Office

as Hanoverian Consul

288

Enclones

letter from Flanoveriad Minister notiquing and enquiring if any objections exists to Muing the lecquatior

April 14 Res" Ind Hobsons appt by

Bishop of Victoria

as Registrar and Actuary. at Shanghae Encloses copy of Instructio to Mr G. Bonhamn as Chief supt of Trade desiring him to request the Bishop to reorke the appte he not having legal hower to conferit

29 Legal Code

Draft

Order in Council braninvited for

Consideration

approval.

Sept 16 M Edward Reimers

Consul for Hamburg .. Enquires if any objection wists to the grant of an

Exequatur.

Bonin

hor

X853

Foreign Office

4 Bonin Islands

Can

یال

289

Right of Great Britain

to the porosion o Encloses Report of

God Bonham Gov.

CO129/44 - Public Offices | 1853