A British Commission was also issued on the 9th February, 1844, appointing the Chief Superintendent of British trade in China, and providing for the temporary exercise of such office, revoking the warrants of the 14th May, 1841, and 26th August, 1843, by substituting John Francis Davis as Superintendent, instead of Sir Henry Pottinger; and also on the same date a Commission authorising the said Superintendent for Trade in China to enact Ordinances and Laws for the government of British subjects. And on the 17th April, 1844, a British Order in Council was issued relative to the trial and punishment at Hong Kong or in China, of offences committed by British subjects. On the 22nd February and 28th February, 1844, notifications were published relating to Consular fees and a British ordinance, which have since been repealed. No. 3, British Ordinance of 25th February, 1844, was then promulgated, to restrain masters of merchant vessels belonging to Her Majesty's subjects from leaving seamen and others in a destitute state in the dominions of the Emperor of China, and from refusing to convey distressed seamen from thence to Hong Kong or to England, and also to provide for the good conduct of seamen within the same; this was however partly superseded by Ordinance No. 2, of 1816.

On the 20th March, 1844, another British Ordinance was issued to restrain Her Majesty's subjects from trading in the Empire of China to the northward of the twenty-second degree of north latitude. The 5th British Ordinance of the year 1844 was to carry into effect the Treaties between Great Britain and China, and to indemnify Her Majesty's Consuls, and all other persons in China, who may have assisted therein. No. 6, dated the 19th August, 1844, to "authorize the execution of the process of the Supreme Court of Hong Kong, in certain parts, within the dominions of the Emperor of China," was repealed by Ordinance No. 1, of 1847. The 7th and last Ordinance of 1844, dated the 20th November, is for the better administration of justice in the Consular Courts, and to establish a registration of British subjects within the dominions of the Emperor of China. The commencement of the Ordinances relating to China in 1845 has date the 7th July, and is, No. 1, to amend the Ordinance No. 7, 1844, intituled, "An Ordinance for the better administration of Justice in Consular Courts," etc. This year finishes by British notifications, announcing equal toleration by the Chinese Government to Protestants and Papists, dated the 23rd December.

Early in 1846 we come to a notification (19th January, 1846), announcing the recognition by the Chinese government of equal rights of British subjects at Canton and the other four ports. Ordinance No. 1,

of 1846, is to amend No. 4, of 1844; and No. 2, of the same year, that of No. 3 in 1844, by altering the form of bond.

Passing now to the year 1847, the first notification issued is that of the 4th March, fixing the rates of pilotage in the Chinese ports of trade.

The first ordinance passed in this year commences with No. 1, dated the 11th March, being to repeal and amend certain Ordinances relating to Her Majesty's Consular Officers in China, and substituting other provisions in lieu thereof. No. 2, dated 12th August, 1847, has reference to the better maintenance of order among British subjects residing in or resorting to the dominions of the Emperor of China, and for the effectual repression and punishment of crimes committed by British subjects within the said dominions.

The next ordinance, No. 3, of 1847, dated 30th September, 1847, has reference to the authorization of Her Majesty's Consular Officers to adjudicate in civil actions. This year closes with a British Commission appointing another superintendent, and authorising him to enact, with the advice of the Legislative Council of the island of Hong Kong, such laws and ordinances as may be required for the good government of British subjects in China.

We must now pass over the year 1848, and, proceeding to 1849, we see an Order in Council dated the 1st March, 1849, relative to the spiritual authority and jurisdiction of the See and Bishop of Victoria.

Ordinance No. 1, of 1849, dated the 7th June, then passes before us, being an Ordinance for the better obtaining of evidence in the Consular Courts of China, and to amend the Ordinance No. 3, of 1847. No. 2, dated 19th July, 1849, proceeds to regulate and declare the duties and office of Consular Agent. No. 3, and the last but one of the 1849 Ordinances, dated the 19th July, is intituled, "for the safe and better custody of offenders sentenced to imprisonment by any of the Consular Courts in the dominions of the Emperor of China." The last Ordinance we have to record relating to China is No. 4, of 1849, dated the 1st August, repealing the one of the same year, No. 2, and making provisions in lieu thereof.

Although we have thus given a brief outline of the history and ordinances relating to the China Consulates, still it would not form any part of our present purpose to give in extenso any of the repealed Orders in Council, or Ordinances, or those that would not be of much interest to the Consul in general. We have, therefore, annexed chronologically all those of consequence in force.

We cannot close this chapter without adverting to the recent appointment of the learned Sir J. Bowring to be Superintendent

and Commander-in-Chief in China-an appointment which does honour and credit to Her Majesty's Government. May all appointments be made with the same regard for talent as this.

PAPERS RELATING TO THE CONSULAR DUTIES, ETC., IN

CHINA.

1. Act 3 & 4 Wm. IV., cap. 93, to regulate the Trade to China and India

2. Order in Council, appointing a Court of Justice at Canton

3. Order in Council, transferring Court of Justice to Hong Kong

4. Order in Council, restricting British Subjects from Trading, except in certain Ports

5. Treaty of Peace and Friendship, Tariff, Declaration, and General Regulations of Trade

6. Act 6 & 7 Vict., cap. 80: an Act for the better Government of Her Majesty's Subjects resorting to China.

7. Supplementary Treaty.

8.

28th Aug., 1833

Order in Council, concerning the Appointment and
Organization of Consuls

9. Ordinances passed in 1844, and Circular

10. Ordinances passed in

11. Ordinances passed in

12. Currency at Amoy

21.

Ordinances of

Act 18 & 19 Vict., cap. 104: an Act for the Regulation

of Chinese Passenger Ships

9th Dec., 1833

4th Jan., 1843

Feb., 1843 Aug., 1842 June, 1843

22nd Aug., 1843 Oct., 1843

17th April, 1844

12th Nov., 1844

1845

1846

1844

1844

1844

1845

1847

April 4, 1847

4th March, 1847

1849

14th Aug., 1855

Repeal of

the Act 4G

4, c. 80, ex

3 & 4 GULIELMI IV., CAP. 93.

An Act to regulate the Trade to China and India. [28th August, 1833.] WHEREAS the exclusive right of trading with the dominions of the Emperor of China, and of trading in tea, now enjoyed by the United Company of Merchants of England trading to the East Indies, will cease from and after the Twenty-second day of April, One thousand eight hundred and thirty-four: And whereas it is expedient that the trade with China, and the trade in tea, should be open to all His Majesty's subjects, and that the restrictions imposed on the trade of His Majesty's subjects with places beyond the Cape of Good Hope to the Streights of Magellan, for the purpose of protecting the exclusive rights of trade heretofore enjoyed by the said Company, should be removed: Be it therefore enacted by the King'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, That from and after the said Twenty-second day of April, One thousand eight hundred and thirty-four an Act cept as here- passed in the Fourth year of the reign of His late Majesty King George the Fourth, intituled An Act to consolidate and amend the several Laws now in force with respect to Trade from and to places within the limits of the charter of the East India Company, and to make further provisions with respect to such trade, and to amend an Act of the present Session of Parliament, for the registering of vessels, so far as it relates to vessels registered in India, shall be repealed, except such parts thereof as relate to Asiatic sailors, Lascars, being natives of the territories under the government of the East India Company, but so as not to revive any Acts or parts of Acts by the said Act repealed; and except also as to such voyages and adventures as shall have been actually commenced under the authority of the said Act; and except as to any suits and proceedings which may have been commenced, and shall be depending on the said Twenty-second day of April, One thousand eight hundred and thirty-four; and from and after the said Twenty-second day of April, One thousand eight hundred and thirty-four the enactments hereinafter contained shall come into operation.

in men

tioned.

Repeal of prohibitions

II. And be it further enacted, That so much of an Act upon the im- passed in the Sixth year of the reign of His late Majesty

tea and

goods from

and 6 G. 4,

King George the Fourth, intituled An Act for the general portation of regulation of the Customs, as prohibits the importation of tea, unless from the place of its growth, and by the East China, imposed by 6 India Company, and into the port of London; and also so G. 4, c. 107, much of the said Act as prohibits the importation into the c. 114. United Kingdom of goods from China, unless by the East India Company, and into the port of London; and also so much of the said Act as requires that the manifests of ships departing from places in China shall be authenticated by the chief supercargo of the East India Company: and also that so much of another Act passed in the said Sixth year of the reign of His said late Majesty King George the Fourth, intituled An Act to regulate the trade of the British possessions abroad, as prohibits the importation of.tea into any of the British possessions in America, and into the Island of Mauritius, except from the United Kingdom, or from some other British possessions in America, and unless by the East India Company, or with their licence, shall be, from and after the Twenty-second day of April, One thousand eight hundred and thirty-four, repealed; and thenceforth (notwithstanding All British subjects may any provision, enactment, matter, or thing made for the pur-carry on pose of protecting the exclusive rights of trade heretofore trade beyond the Cape of enjoyed by the said Company, in any charter of the said Good Hope to the Streights Company, in the said Act or any other Act of Parliament of Magellan. contained) it shall be lawful for any of His Majesty's subjects to carry on trade with any countries beyond the Cape of Good Hope to the Streights of Magellan.

sons on

ship arriving

to officers of

III. Provided always, and be it enacted, That the person List of perhaving the command of any ship or vessel arriving at any board any place in the possession of or under the government of the in India to said Company shall make out, sign, and deliver to the prin- be delivered cipal officer of the Customs, or other person thereunto law- Customs. fully authorised, a true and perfect list, specifying the names, capacities, and description of all persons who shall have been on board such ship or vessel at the time of its arrival: and

if any person having the command of such ship or vessel Penalty for neglect, 100%. shall not make out, sign, and deliver such list, he shall forfeit One hundred pounds, one half part of which penalty. shall belong to such person or persons as shall inform or sue for the same, and the other half part to the said Company; and if the said Company shall inform or sue for the same, then the whole of the said penalty shall belong to the said Company.