Order in Council ct. p. 65. cf. p. fo. The offender is guilty of a grave offence againt the Order, punishable under art. 61. The Court has also a power of dealing summarily with the offender. Negligence of Officers. [art. 78] If an officer of the Court employed to execute an order looses by neglect or omission the opportunity of executing it, the Court may, on complaint of the party aggrieved order him to pay damages. Extortion. [art. 79] If a clerk or officer of the Court acting under pretence of the process or authority of the Court, is charged with extortion, or with not paying over money duly levied, or with other misconduct, the Court may enquire into the charge summarily, and may make such order as to repayment as it thinks fit. A fine not exceeding £5 may also be imposed. AUTHORITY WITHIN 100 MILES of the COAST. [art. 80] This article gives effect to the provisions of s. 14 of the Foreign Jurisdiction Act, and has already been considered in connexion with that section. By art. 81, if the person charged is in Hong Kong, he may be tried by the Supreme Court of the colony as if the offence had been committed there. DESERTERS. [art. 82] The British Minister in China, the Judge of the Supreme Consular Court, any consular officer in China, or the Governor of Hong Kong, on receiving satisfactory information that any soldier, sailor, marine, or other person belonging to the naval or military forces has deserted and has concealed himself in any British ship within 100 miles from the coast of China, may issue a warrant for his search and apprehension, and on being satisfied that any person so apprehended is a deserter, may cause him to be delivered over to the nearest military station or to the officer in command of a man-of-war serving in China. This article, as has already been pointed out, depends on the general power of legislation for Crown Colonies by Order in Council. It is however limited in the area of its application to the 100 miles from the coast of China specified in s. 14 of the Foreign Jurisdiction Act: and therefore appears to derive its cf. p. 64. warrant from that section, which, as we have seen, is general in its terms and not limited to foreign jurisdiction. DEPORTATION. [art. 83] By this article it is provided that where it is proved that there is reasonable ground to apprehend that a British subject is about to commit a breach of the peace, or that the acts or conduct of a British subject are or is likely to produce or excite to a breach of the peace, the Court may require him to give security to keep the peace, or for his future good behaviour: or where a British subject is convicted of an offence, the Court may require him to give security for his future good behaviour. In either of these cases, if the person so required fail to give security, the Court may order him to be deported to such place as it may direct. The place is to be a place in some part (if any) of the dominions to which the person belongs, or the Government of which consents to the reception of persons deported. The case is to be reported to the British Minister and to the Secretary of State. Returning without permission of the Secretary of State is a grave offence, punishable under art. 61, and the person may be cf. p. 130 note. again deported. By article 84, if the deportation is to Hong Kong, the Governor may cause him to be taken to England, or else discharge him from custody. The authority for these provisions is art. 8 of the Foreign cf. p. 58. Jurisdiction Act. Fugitive Offenders Act. [44 & 45 Vict. c. 69] Colonial Prisoners Removal Act. [47 48 Vict. c. 31] Both these Acts are applied by art. 88, with certain adaptations. The first is included among the Acts applied fanalysed on by the schedule to the Principal Act: the second§ among those P. 98. which are applied by special provision in the Acts themselves. B.-CIVIL JURISDICTION. By article 89, the civil jurisdiction of the Consular Court is, as far as circumstances admit, to be exercised on the principles of, and in conformity with, English law for the time being in force. Şanalysed on China Order, 1865, art. 5. "English law" includes all branches of that law. Jurisdiction of Consular Court in bankruptcy. of. Section XI. Acts of bankruptcy. The old Order of 1865 contained the fuller form-"in conformity with the common law, the rules of equity, the statute law, and other law for the time being in force in and for England." There can be little doubt, however, that the short form "English law" includes all the elements of that law which are specified in the long form. If there were any doubt on this point it is settled by the common interpretation of the principle that the law of England, as far as circumstances admit, is applicable to colonies acquired by occupation: for the cases in which that principle has been in question nearly all turn on the question whether any given statute is in force as being applicable to the circumstances of any given colony. And if the statute law is included, a fortiori all other law is equally included. BANKRUPTCY. The jurisdiction of the Court in bankruptcy is, by art. 99, declared to be "all such jurisdiction in bankruptcy as for the time being belongs to the High Court and the County Courts in England," as far as circumstances admit; and to be exerciseable with respect to the following classes of persons being either resident in China, or carrying on business there: namely, resident British subjects and their debtors and creditors, being British subjects, or foreigners submitting to the jurisdiction of the Court. The statutory provisions of the Bankruptcy Act, 1883, on which this jurisdiction depends are the following; the application of them will be considered in a subsequent Section. 46 & 47 Vict. c. 52. 4. (1) A debtor commits an act of bankruptcy in each of the following cases: (a) if in England or elsewhere he makes a conveyance or assignment of his property to a trustee or trustees, for the benefit of his creditors generally: (b) If in England or elsewhere he makes a fraudulent conveyance, gift, delivery, or transfer of his property, or of any part thereof: (c) If in England or elsewhere he makes any conveyance or transfer of his property or any part thereof, or creates any charge thereon which would under this or any other Act be void as a fraudulent preference if he were adjudged bankrupt : (d) If with intent to defeat or delay his creditors he does any of the following things, namely, departs out of England, or being *53&54 Vict., c. 71, s. 1. A debtor commits an act of bankruptcy if execution against him has been levied by seizure of his goods under process in an action in any Court, or in any civil proceeding in the High Court, and the goods have been either sold or held by the sheriff for 21 days. Provided that, where an interpleader summons has been taken out in regard to the goods seized, the time elapsing between the date at which such summons is taken out and the date at which the sheriff is ordered to withdraw, or any interpleader issue ordered thereon is finally disposed of, shall not be taken into account in calculating such period of 21 days. addition to sub-sec. (g) by the same section of the Act of 1890. Any person who is for the time being entitled to enforce a final judgment shall be deemed a creditor who has obtained a final judgment within the meaning of s. 4 of the principal Act. |