Court shall proceed to adjudicate therein in the absence of the accused party.

8. And be it further enacted and ordained, that such Consul as aforesaid shall have full power to grant probates of the wills and letters of administration to the estates of Her Majesty's subjects dying or leaving property within the limits of such port as aforesaid. Provided always, that in all cases of doubt and difficulty, or of any caveat being entered against the grant of any probate or administration, such Consul may, if he thinks fit, remit the same, together with all the proceedings therein, duly authenticated for decision, to the Court of Judicature at Hong-Kong aforesaid; and in the interim the said Consul shall grant administration to such person or persons of the best credit and repute within such port as aforesaid, as may be willing to accept the same and give the usual security; and in default thereof the said Consul shall, and he is hereby required to act as administrator himself, and to take a commission of 24 per centum on such property as may come to his hands, according to the statute in that case made and provided.

9. And be it further enacted and ordained, that such Consuls as aforesaid, in the execution of the powers given to them by this Ordinance, shall in all matters and things obey and conform to such rules of Court as have received the sanction of the Legislative Council, and to such instructions as may from time to time be issued to them by the Chief Superintendent of the Trade of Her Majesty's subjects in China, at the instance or suggestion of the Chief Justice of the Supreme Court of Hong-Kong.

10. And be it further enacted and ordained, that the said Consuls shall take such fees in judicial proceedings as are now authorised to be taken, or may hereafter from time to time, with the sanction of the Legislative Council, be fixed and allowed as the tariff or table of fees of the Supreme Court of Judicature at Hong-Kong aforesaid.

11. And be it further enacted and ordained, that in case any Judge of the Supreme Court of Judicature at Hong-Kong shall, at the requisition of the Chief Superintendent, come within the limits of any such port as aforesaid, the power, authority, and jurisdiction hereby given to the said Consul shall (as the Judge by writing under his hand shall order) either cease and determine duringt he presence of such Judge, or shall be exercised conjointly with the said Judge, or continued to be possessed by the Consul alone.

12. And be it further enacted and ordained, that it shall and may be lawful for such Consul, or other person acting as such, and they are hereby required to serve and execute all writs and processes whatsoever which shall or may be directed to them by the Supreme Court of

Judicature at Hong-Kong, to be served and executed, within the limits of their respective ports; but such Consuls, or other persons acting as such, shall not be called upon to go out of such limits to serve any such writ or processes whatever, any ordinance or law to the contrary notwithstanding; and immediately after the service and execution thereof such Consuls, or persons acting as such, shall make a return to the said Court of what has been done thereon, and such Consuls, or persons acting as such, shall and may demand, take, and receive such and the like fees for the service and execution thereof, as are allowed to the Sheriff for serving and executing the same within the Colony of Hong-Kong.

13. And be it further enacted and ordained, that all the records, processes, minutes, and other proceedings of Her Majesty's Consuls, or copies thereof, duly certified by such Consuls, made or issued in pursuance of this Ordinance, or any other Ordinance or Ordinances, shall to all intents and purposes be deemed and taken to be records of the said Court of Judicature at Hong-Kong.

14. And be it further enacted and ordained, that the word "Consul," *in this and all other Ordinances, shall extend and be applied as well to any Consul duly appointed by Her Majesty, as to any person who for the time being shall actually be the Consular Agent, in any such port or ports as aforesaid.

BRITISH ORDINANCE, FOR THE BETTER MAINTENANCE OF ORDER AND THE REPRESSION OF CRIMES AMONG BRITISH SUBJECTS IN CHINA.

Hong-Kong, August 12, 1847.

Anno Undecimo Victoriæ Reginæ. (No. 2 of 1847.)

By His Excellency Sir John Francis Davis, Baronet, &c.

An Ordinance for the better maintenance of order among British subjects residing in, or resorting to the dominions of the Emperor of China, and for the more effectual repression of crimes committed by British subjects within the said dominions.

[August 12, 1847.] WHEREAS for the better government of British subjects within the dominions of the Emperor of China, it has been deemed expedient to adopt the provisions of a late Order of Her Majesty in Council for granting more extensive powers to Her Majesty's Consular Officers in the Ottoman dominions: and whereas it is necessary to make certain additions to the Consular jurisdiction, conferred by Ordinance No. 7 of 1844, for Her Majesty's subjects within the dominions of the Emperor of China, intituled, "An Ordinance for the better administration of justice in the Consular Courts, and to establish a Registration of British subjects within the dominious of the Emperor of China.

1. Be it therefore enacted and ordained by His Excellency the Governor of Hong-Kong, with the advice of the Legislative Council thereof, that the above cited Ordinance, No. 7 of 1844, shall continue to have full force and effect, except in so far as the same is opposed to the provisions of the present Ordinance.

2. And be it further enacted and ordained, that in all cases in which parties shall be accused before Her Majesty's Consuls or ViceConsuls, of the crimes of arson, house-breaking, cutting or maiming, stabbing, or assault endangering life, and in which the said Consuls or Vice-Consuls shall have exclusive jurisdiction, the proceedings in the Consular Courts shall be conducted in the presence of Assessors convened in the manner pointed out in the aforesaid Ordinance, No. 7 of 1844; and it shall and may be lawful for the Consul or ViceConsul, holding such Court, to order, that any person who shall be convicted in the said Court, of any of the crimes aforesaid, shall over and above any fine or imprisonment which may be awarded to such person, be sent out of the dominions of the Emperor of China notwithstanding the crime laid to the charge of such person being the first of which he has been convicted in a Consular Court; and all the rules laid down in the aforesaid Ordinance, No. 7 of 1844, touching Consular Courts, held in the presence of Assessors, and the expulsion of persons from the dominions of the Emperor of China, shall continue to be observed with reference to the present Ordinance.

3. And be it further enacted and ordained, that whenever any British subject shall be convicted for the first time in the Court of Her Majesty's Consuls or Vice-Consuls in the dominions of the Emperor of China, for any crime or misdemeanour endangering the public peace, if such British subject shall have no establishment in the dominions of the Emperor of China, nor any ostensible means of subsistence, it shall and may be lawful for such Consul or Vice-Consul to require such British subject to produce some one person who will enter into security for his good behaviour after payment of the fine imposed upon him or the

expiration of the term of imprisonment awarded him, provided always that the security so required shall not be excessive; and in the event of any British subject so convicted being unable to produce some such person to enter into the required security, then and in that case it shall be lawful for Her Majesty's Consul or Vice-Consul to send such British subject out of the Chinese dominions, in the same manner as if he had been twice convicted.

4. And be it further enacted and ordained, that it shall and may be lawful for any of Her Majesty's Consuls or Vice-Consuls in the dominions of the Emperor of China, upon oath being made 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; or, in the event of any British subject being convicted of a breach of the peace, to cause such British subject to find security for his good behaviour, after he shall have undergone the punishment which may have been awarded to him in the Consular Court; 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 unwilling to do so, then and in that case it shall be lawful for Her Majesty's Consul or Vice-Consul to send such British subject out of the Chinese dominions.

Passed the Legislative Council at Hong-Kong,

this 12th day of August, 1847.

L. D'ALMADA E CASTRO,

Clerk of Council.

J. F. DAVIS.

BRITISH ORDINANCE, AUTHORISING HER MAJESTY'S CONSULAR OFFICERS IN CHINA TO ADJUDICATE IN CIVIL ACTIONS.-Hong-Kong, September 30, 1847.

Anno Undecimo Victoriæ Reginæ. (No. 3 of 1847.)

By His Excellency Sir John Francis Davis, Baronet, &c.

An Ordinance to authorise Her Majesty's Consular Officers to adjudicate in civil actions.

[September 30,1847.]

WHEREAS it is expedient and necessary that some provisions should be made to insure a prompt and steady administration of justice in civil actions arising within the dominions of the Emperor of China, and

whereas the present mode of trial in the Supreme Court of Hong-Kong in cases in which the causes of action originated at a distance from the said island, has been found to be inconvenient and onerous to the suitors:

1. Be it therefore enacted and ordained, that from and after the date of this Ordinance, Her Majesty's Consuls or Vice-Consuls in China shall possess jurisdiction, power, and authority to adjudicate upon and determine in all civil suits and actions whatever may be the amount of damages claimed. Provided always, that the causes of action shall accrue or originate within the dominions of the Emperor of China.

2. And whereas it is already provided, by Ordinance No. 1 of 1847, that Her Majesty's Consuls shall by themselves adjudicate in all civil suits or actions not exceeding the amount of 500 dollars; be it further enacted and ordained, that in all civil suits or actions above the amount of 500 dollars, it shall be lawful for any of Her Majesty's Consuls or Vice-Consuls to summon, in the manner prescribed by Ordinance No. 7 of 1844, two or not more than four British subjects of good repute to sit with him as Assessors, to inquire, try, and determine such civil suits or actions, and to adjudicate thereon with the assistance of such Assessors.

3. And be it further enacted and ordained, that it shall and may be lawful for either of the parties in a civil suit or action, who shall feel himself aggrieved by the judgment of the said Consul or Vice-Consul and Assessors, to appeal against the said judgment to the Supreme Court of Hong-Kong: provided always, that no appeal shall be allowed in any suits or actions in which the damage shall not exceed 500 dollars. 4. And be it further enacted and ordained, that any party who shall appeal against the judgment of the said Consul or Vice-Consul and Assessors shall, within ten days after the giving of such judgment, intimate in writing to the said Consul or Vice-Consul his intention so to appeal, with the grounds thereof, and after such time no appeal will be received; and the Consul or Vice-Consul shall, on receiving the intimation aforesaid, transmit to the office of the Chief Superintendent of Trade of British subjects in China at Hong-Kong, all depositions, examinations, documentary or other evidence, which were produced at the trial of the case, together with the judgment and motives thereof; which said depositions, examinations, documentary or other evidence, together with the judgment and the motives thereof, shall be the only documents or evidence used at the hearing of the appeal by the Supreme Court; and that no evidence whatever shall be admissible on such appeal, save and except such as was actually given at the trial of the case in the Court below.

5. And be it further enacted and ordained, that in case of appeal, the