ship or vessel to which he may belong; or to be confined in any gaol or other place of security within the said colony, for any period until he could be put on board his ship at her departure from the port, or until he shall be demanded by the master of the ship or by the Consul of the country to which such ship may belong: Provided always, that the said period of confinement shall not, in the absence of such departure or demand, exceed three calendar months. II. And be it further enacted and ordained, that it shall be lawful for any justice or justices of the peace, upon complaint of the master of such ship or vessel, that he has reasonable cause to believe that any runaway seaman or seamen belonging to the crew of any such ship or vessel, is or are harboured, secreted, or concealed, or suspected to be harboured, secreted, or concealed on board any other ship, boat, or other vessel, or in any house or place whatsoever, to issue a warrant directing some constable or constables to search such ship, boat, or other vessel, or such house or place, and such seaman or seamen to lodge in any or the nearest watch-house, and every such seaman or seamen shall, with all convenient speed, be brought before some justice or justices of the peace, to be dealt with as hereinbefore directed with respect to seamen apprehended for desertion, absconding, or absence from duty. III. And be it further enacted, and ordained, that if any person whatsoever shall harbour, conceal, employ, or retain, or assist in harbouring, concealing, employing, or retaining any seaman belonging to the crew of any foreign ship or vessel, who shall have deserted therefrom, or otherwise absconded or absented himself from duty, while such ship or vessel is lying within any harbour or roadstead in Hong Kong, knowing such seaman to have deserted, absconded, or absented himself from duty, or shall cause, induce, or persuade, or endeavour to cause, induce, or persuade any such seaman, in any manner whatsoever to violate, or to attempt or endeavour to violate, any agreement which he may have entered into to serve on board any such ship or vessel, or shall knowingly connive at the desertion, absconding, or absence from duty of any such seaman, such person so offending shall, for every such offence, upon conviction thereof, forfeit and pay a penalty or sum not exceed, ing 100 dollars; or, in case of non-payment thereof, it shall be lawful for any justice or justices of the peace to commit the person so offending to any of Her Majesty's gaols, for any term not exceeding one calendar month. IV. And be it further enacted and ordained, that any penalty sued for under this Ordinance shall be recovered summarily before any one justice of the peace. V. And be it further enacted and ordained, that all expenses incidental to the apprehension, confinement, and removal of any seaman, under and by virtue of any of the powers and authorities conferred by this Ordinance, shall be paid by the master of the ship to which such seaman may belong, and be recoverable from him at the suit of the Superintendent of Police, as a debt due to the Government of this colony; and the subsistence money for every such seaman confined in gaol shall be paid weekly in advance to the keeper of the gaol, and in default of such payment, the gaoler may release such seaman. VI. And be it further enacted and ordained that, at the requisition of the Consul resident at Hong Kong, of any foreign nation, it shall be lawful for the Governor of the said colony to suspend the operation of this Ordinance in regard to the ships of that nation, for so long a period as such Consul may require or the said Governor may think fit; and that, on like requisition, it shall and may be lawful for the said Governor, if he deem it fit, to cause any pending proceeding or case under this Ordinance to be discontinued and abated. S. G. BONHAM. Passed the Legislative Council of Hong Kong, this 17th day of December, 1850. CHAS. ST. GEO. CLEVERLY, Officiating Clerk of Councils. 1 BRITISH ORDINANCE, for the removal of Doubts regarding the Right of Aliens to hold and transfer Property within the Colony of Hong Kong.-Hong Kong, November 17, 1853. [17 Vict. No. 2, of 1853.] WHEREAS doubts have arisen regarding the right of aliens to hold and transfer property within the colony of Hong Kong: be it therefore enacted and ordained by his Excellency the Governor of Hong Kong, with the advice of the Legislative Council thereof, in pursuance of the Act made and passed at a session holden in the 10th and 11th years of the reign of Her Majesty, intituled, "An Act for the Naturalization of Aliens,' ,"* and of the power inherent in the said Governor and Council: 1. That it shall be lawful for any alien, and he or she is hereby declared entitled by grant, conveyance, lease, assignment, or bequest, or otherwise, to take, acquire, hold, and possess any lands or other immoveable property situated in this island; and the said lands or Vol. XXXV. Page 1196. other property as aforesaid, to sell, transfer, assign, or bequeath to any other person, as fully and effectually to all intents and purposes, and with the same rights, remedies, exemptions, and privileges, as if he or she were a natural born subject of Her Majesty residing in this island. II. And that every such grant, conveyance, lease, assignment, or bequest, sale, transfer, or other act, heretofore made or done by or with any such alien shall be deemed in law as valid and effectual as if it had been made or done by or with any natural born British subject. S. G. BONHAM. Passed the Legislative Council of Hong Kong, this 17th day of November, 1853. L. D'ALMADA E CASTRO, Clerk of Councils. BRITISH ORDINANCE, for the prevention of Desertion amongst Her Majesty's Naval and Military Forces, serving in the Colony of Hong Kong, or in China.-Hong Kong, January 19, 1854. [17 Viet. No. 1, of 1854.] WHEREAS deserters from Her Majesty's forces aforesaid have heretofore concealed themselves in and on board vessels frequenting the ports, havens, and roadsteads of the coast of China; and it is deemed expedient to provide a remedy in such cases: Be it therefore enacted and ordained by his Excellency the Governor and Chief Superintendent of the Trade of Her Majesty's subjects in China, with the advice of the Legislative Council of Hong Kong, that, after the passing of this Ordinance, it shall be lawful for Her Majesty's Chief Superintendent of Trade, or, in his absence, for the officer administering the Government of the said colony, or for any of Her Majesty's Consuls in China, on satisfactory information being afforded to him or them that any soldier, sailor, or marine, has deserted from such forces and concealed himself in any British ship or vessel being within 100 miles of the coast of China, or within any ship or vessel on the high seas aforesaid within the same limits, and not being lawfully entitled to claim the protection of the flag of any State or Nation, in pursuance of such information to issue his or their warrant for the search after, and apprehension of, any such deserter; and that, on the said Superintendent or officer so administering the Government as aforesaid, or Consul being satisfied on due investigation that any person so apprehended is a deserter as aforesaid, the said Superintendent or officer as aforesaid, or Consul shall and may cause every such deserter to be delivered over with all convenient expedition to the nearest military station of such forces, or to any naval officer in command of any of Her Majesty's ships serving in China. S. G. BONHAM. Passed the Legislative Council of Hong Kong, this 19th day of January, 1854. L. D'ALMADA E CASTRO, Clerk of Councils. LIST OF FEES, receivable by Her Majesty's Consuls in China, for the granting of Probates or Letters of Administration; established in conformity with the Provisions of Article XXXVII of Her Majesty's Order in Council of the 13th day of June, 1853.*-Hong Kong, March 25, 1854. Fees in Matters Ecclesiastical. Dollars. For filing and entering petition for probate or letters of For granting probate or letters of administration For every certificate by the Consul or other officer of accounts and inventories being filed when the sum realized shall amount to 200 dollars For every subsequent 100 dollars, or fractional part thereof For every order of Court or Consul 2 1 1 1 1 NOTE.-No fees payable where the estate is sworn to be under 200 dollars. Superintendency of Trade, Victoria, Hong Kong, March 25, 1854. (By Order.) W. H. MEDHURST, Officiating Secretary to H.B.M.'s Plenipotentiary, &c. * Vol. XLII. Page 251. BRITISH ORDINANCE, to invest Her Majesty's Consuls at the Ports of China, with Jurisdiction over the Persons and Property of Lunatics and Persons of Unsound Mind, as also with the Power inherent in the Office of Coroner.- Hong Kong, March 31, 1854. [17 Vict. No. 2, of 1854.] WHEREAS it is deemed expedient that the jurisdiction and power above-mentioned should be vested in manner aforesaid: be it therefore enacted and ordained by his Excellency the Governor and Chief Superintendent of the Trade of Her Majesty's subjects in China, with the advice of the Legislative Council of Hong Kong, that: I. The Consul or Acting Consul at each of the ports in China shall possess and exercise within the limits of the district in which he may be personally appointed, the same power and jurisdiction over the persons and property of lunatics and persons of unsound mind therein being, as the Supreme Court of Hong Kong possesses and exercises within that colony; and that any Commission of Inquiry shall consist of such Consul or Acting Consul as aforesaid; and such Consul shall call to his assistance three British subjects of the age of not less than 21 years, who shall act as jurors. Provided always such court shall have and exercise concurrent jurisdiction with such Consuls in regard to such matters. But it shall not be bound, unless in a fit case it shall deem it right so to do by injunction, order or otherwise, to debar or prohibit any such Consul or Committee appointed by him of the person or estate of any person of unsound mind, from dealing with such persons or their property; nor shall such court, unless in like case, be bound to stay, alter, or reverse any proceedings of any such Consul or Committee. II. Every such Consul or Acting Consul within his district aforesaid shall, by virtue of his office, act as Coroner of such district, and shall and may discharge the duties appertaining to the office of Coroner, summoning when necessary a jury of British subjects, which it is hereby declared may be constituted of three persons only of the full age of 21 years; and any person not attending when duly summoned as a juror to serve on such jury shall be liable to a penalty not exceeding 50 dollars. S. G. BONHAM. Passed the Legislative Council of Hong Kong this 31st day of March, 1854. L. D'ALMADA E CASTRO, Clerk of Councils. |