BRITISH ORDER IN COUNCIL, for the apprehension and delivering up of Seamen, Deserters from the Merchant Vessels of Chile, in British or East Indian Ports.*-July 28, 1856. At the Court at Osborne House, Isle of Wight, the 28th day of THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by the "Foreign Deserters Act, 1852," it is provided, that whenever it is made to appear to Her Majesty that due facilities are or will be given for recovering and apprehending seamen who desert from British merchant ships in the territories of any foreign Power, Her Majesty may, by Order in Council, stating that such facilities are or will be given, declare that seamen, not being slaves, who desert from merchant ships belonging to a subject of such Power, when within Her Majesty's dominions or the territories of the East India Company, shall be liable to be apprehended and carried on board their respective ships, and may limit the operation of such Order, and may render the operation thereof subject to such conditions and qualifications, if any, as may be deemed expedient. And whereas it hath been made to appear to Her Majesty, that due facilities will be given for recovering and apprehending seamen who desert from British merchant ships in the territories belonging to the Republic of Chile: Now, therefore, Her Majesty, by virtue of the powers vested in her by the said "Foreign Deserters Act, 1852," and by and with the advice of her Privy Council, is pleased to order and declare, and it is hereby ordered and declared, that from and after the publication hereof in the "London Gazette," seamen, not being slaves, who desert from merchant ships belonging to citizens of the Republic of Chile, within Her Majesty's dominions or the territories of the East India Company, shall be liable to be apprehended and carried on board their respective ships: provided always, that if any such deserter has committed any crime in Her Majesty's dominions, or the territories of the East India Company, he may be detained until he has been tried by a competent Court, and until his sentence (if any) has been fully carried into effect. And Her Majesty, by virtue of the powers vested in her by the said "Foreign Deserters Act, 1852," and by and with the advice of her Privy Council, is further pleased to order and declare that, upon and after the publication hereof in the "London Gazette," the Order in Council relating to seamen who desert from merchant ships * "London Gazette," of August 15, 1856. 2 N [1855-56.] second on the 3rd day of November, 1855: And whereas, if the war had continued, the conditional engagement of Her Majesty to advance to the King of Sardinia a like sum of 1,000,000l. sterling would have come into operation on the 3rd day of May, 1856, but the war was brought to a close 6 days previously, namely, on the 27th day of April, 1856, by the exchange on that day of the ratifications of a Treaty of Peace: And whereas His Sardinian Majesty had already incurred those expenses for the prosecution of the war during the current year which the said like sum of 1,000,000l. was intended to enable him to provide for: And whereas a Convention was on the 3rd day of June, 1856, concluded between Her Majesty and the King of Sardinia (and has since been ratified), by which it has been agreed as follows: ART. I. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland undertakes to recommend to Her Parlia ment to enable her to advance, by way of loan, to His Majesty the King of Sardinia the further sum of 1,000,000l. sterling, contemplated by the Convention of the 26th day of January, 1855, in like manner, instalments, and proportions, and subject in all respects to the same conditions as if the war had not been brought to a close at the expiration of 12 months from the payment of the first instalment of the first sum of 1,000,0007. sterling: II. His Majesty the King of Sardinia engages to accept the advance mentioned in the preceding Article on the same conditions in all respects, especially as to the calculation and payment of the interest, as if such advance had been made under and by virtue of the said Convention concluded and signed at Turin on the 26th day of January, 1855: And whereas, in pursuance of Her Majesty's gracious recommendations in this behalf, it is expedient that Her Majesty should be enabled to carry into effect the last-mentioned Convention: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I. It shall be lawful for the Commissioners of Her Majesty's Treasury, by warrant under their hands, to direct and cause to be issued to Her Majesty's Paymaster-General, from time to time, out of the Consolidated Fund of the United Kingdom of Great Britain. and Ireland, or out of the growing produce thereof, such sums of money as shall be required for the advance to His Majesty the King of Sardinia of the further sum of 1,000,000l. sterling, in pursuance of the said Convention of the 3rd day of June, 1856, by the instalments and at the times provided or referred to by the said Convention, conformably to Her Majesty's engagements in this her heirs and successors, and the Kings of Siam, their heirs and successors, and to make and enforce, by fine or imprisonment, rules and regulations for the observance of the stipulations of such Treaties, and for the peace, order, and good government of Her Majesty's subjects being within the dominions of the Kings of Siam. II. And it is further ordered, that a copy of all such rules and regulations made by the said Consul shall forthwith be affixed, and kept affixed and exhibited in some conspicuous place in the public office of the said Consul; and printed copies of the said rules and regulations shall, as soon as possible, be provided by the said Consul, and sold at a price not exceeding 1 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 said rules and regulations, certified under the hand of the said 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 Consul: provided always, that any such rule or regulation made by Her Majesty's Consul, and to be enforced by a penalty, shall be submitted to Her Majesty's Principal Secretary of State for Foreign Affairs for allowance or disallowance, and if any such rule or regulation should be disallowed by Her Majesty's Principal Secretary of State for Foreign Affairs, the same shall cease to have effect from the receipt by the Consul of such disallowance; nevertheless, the Consul shall not be liable to be proceeded against in any of Her Majesty's Courts in regard to any Act done by him under such rule or regulation previously to its disallowance. III. And it is further ordered, that it shall be lawful for Her Majesty's Consul as aforesaid, upon information, or upon the complaint of any party that a British subject has violated any of the stipulations of Treaties, or of regulations appended to any Treaty, between Her Majesty and the Kings of Siam, 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 imprisonment to any party convicted of an offence against the said Treaties, or appended regulations, or the said rules and regulations, as may be specified therein respectively; and any charge against a British subject for a breach of Treaties or regula tions, or for a breach of the rules and regulations for the observance of such Treaties, shall be heard and determined by the 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 500 dollars, or 3 months' imprisonment. IV. 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 observance of Treaties, shall in like manner be heard and determined by Her Majesty's Consul; and in all cases in which the penalty shall not exceed 200 dollars or one month's imprisonment, the 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 200 dollars, or to imprisonment for more than one month, the Consul, before he shall proceed to hear the charge, shall summon 2 British subjects of good repute 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 conviction; 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 regulations other than those for the observance of Treaties exceed 500 dollars, or 3 months' imprisonment; and provided further, that in the event of the said assessors, or either of them, dissenting 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, with as little delay as possible, 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 Her Majesty's Principal Secretary of State for Foreign Affairs, and Her Majesty's Principal Secretary of State for Foreign Affairs shall have authority to confirm, or vary, or reverse the decision of the Consul, as to him may seem fit. V. And it is further ordered, that it shall be lawful for Her Majesty's Consul to hear and determine any suit of a civil nature against a British subject, arising within any part of the dominions of the Kings of Siam, whether such suit be instituted by a subject of the Kings of Siam or by a subject 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 15 days, to give to the Consul notice of appeal to the Supreme Court in Her Majesty's possession of Singapore; whereupon the 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 said Supreme Court, and shall forthwith notify to the several parties the transmission of the process: provided always, that it shall be lawful for the Consul to require from any party appealing to the said Supreme Court 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 by the said Supreme Court, and, if such appeal shall fail, to answer all costs, loss, and damages sustained by the other party in consequence of such appeal. VI. And it is further ordered, that it shall be lawful for Her Majesty's Consul, in like manner, to hear and determine any suit of a civil nature, arising within any part of the dominions of the Kings of Siam, instituted by a British subject against a subject of the Kings of Siam, or against a subject or citizen of a foreign State in amity with Her Majesty, provided that the defendant 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 Supreme Court of Her Majesty's possession of Singapore, and will pay such expenses as the Consul or the said Supreme Court 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 15 days, to give to the Consul notice of appeal to the said Supreme Court, 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 subject is defendant, and a subject of the Kings of Siam, or a subject or citizen of a foreign State in amity with Her Majesty, is plaintiff. VII. And it is further ordered, that in the event of any suit of a civil nature arising between British subjects within the dominions of the Kings of Siam, it shall be lawful, upon the application of a party, for Her Majesty's Consul to hear and determine such suit, subject to an appeal to the Supreme Court of Her Majesty's possession of Singapore: 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. VIII. And it is further ordered, that it shall be lawful for Her Majesty's Consul to summon 2, and not more than 4, British subjects of good repute, to sit with him as assessor at the hearing of any suit whatever of a civil nature brought before him for decision; and |