BRITISH ORDER IN COUNCIL, suspending in the Island of Mauritius the Prohibitions against Foreign Reprints of British Books entitled to Copyright.—April 1, 1853. At the Court at Buckingham Palace, the 1st day of April, 1853. PRESENT, THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by an Act, passed in the session of Parliament holden in the 5th and 6th years of the reign of Her present Majesty, [cap. 45],* intituled "An Act to Amend the Law of Copyright," it is, among other things, enacted, that it shall not be lawful for any person, not being the proprietor of the copyright, or some person authorized by him, to import into any port in the United Kingdom, or into any other part of the British dominions, for sale or hire, any printed book, first composed, or written, or printed and published in any part of the United Kingdom wherein there shall be copyright, and reprinted in any country or place whatsoever out of the British dominions : And whereas by an Act passed in the session of Parliament holden in the 8th and 9th years of the reign of her present Majesty [cap. 93]†, intituled "An Act to regulate the Trade of the British Possessions Abroad," books, wherein the copyright is subsisting, first composed, or written, or printed in the United Kingdom, and printed or reprinted in any other country, are absolutely prohibited to be imported into the British possessions abroad: And whereas by an Act passed in the session of Parliament holden in the 10th and 11th years of the reign of Her present Majesty [cap. 95], intituled "An Act to Amend the Law relating to the Protection in the Colonies of Works entitled to Copyright in the United Kingdom;" it is enacted, that in case the legislature, or proper legislative authorities, in any British possession, shall be disposed to make due provision for securing or protecting the rights of British authors in such possession, and shall pass an Act or make an ordinance for that purpose, and shall transmit the same, in the proper manner, to the Secretary of State, in order that it may be submitted to Her Majesty, and in case Her Majesty shall be of opinion that such Act or Ordinance is sufficient for the purpose of securing to British authors reasonable protection within such possession, it shall be lawful for Her Majesty, if she think fit so to do, to express her royal approval of such Act or Ordinance, and thereupon to issue an Order in Council, declaring that so long as the provisions of such + Vol. XXXIII. Page 1126. • Vol. XXXI. Page 970. + Vol. XXXV. Page 1197. Act or Ordinance continue in force within such colony, the prohibitions contained in the aforesaid Acts, and herein before recited, and any prohibitions contained in the said Acts, or any other Acts, against the importing, selling, letting out to hire, exposing for sale or hire, or possessing foreign reprints of books, first composed, written, printed, or published in the United Kingdom, and entitled to copyright therein, shall be suspended, so far as regards such colony; and thereupon such Act or Ordinance shall come into operation except so far as may be otherwise provided therein, or may be otherwise directed by such Order in Council: And whereas an Ordinance has been passed by the Legislature of the Island of Mauritius, No. 24, of 1851, "for securing in this Colony the Rights on Works entitled to Copyright in the United Kingdom," whereby provision is made for protecting the rights of British authors in the said island: And whereas Her Majesty hath expressed her royal approval of the said Ordinance: Now, therefore, Her Majesty, by and with the advice and consent of her Privy Council, and by the authority of the Act hereinbefore lastly recited, doth order, and it is hereby ordered, that so long as the said Ordinance shall remain and continue in force within the said island, all prohibitions in either of the said herein before recited Acts of the Imperial Parliament, or in any other Acts thereof contained, against the importing into the said island, or against the selling, letting out to hire, exposing for sale or hire, or possessing therein, foreign reprints of books, first composed, written, printed, or published in the United Kingdom, and entitled to copyright therein, shall be suspended, so far as regards the said island. And the Right Honourable the Lords Commissioners of Her Majesty's Treasury, and the Most Noble the Duke of Newcastle, one of Her Majesty's Principal Secretaries of State, are to give the necessary directions herein as to them may respectively appertain. WM. L. BATHURST. BRITISH ORDER IN COUNCIL, for the Government of British Subjects resorting to China, &c., and for the repeal of certain Ordinances relating thereto, enacted in Hong Kong, between 1844 and 1852.-June 13, 1853. At the Court at Buckingham Palace, the 13th day of June, 1853. PRESENT, THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by an Act passed in the 3rd and 4th years of the reign of his late Majesty King William IV, [cap. 93],* intituled An Act to regulate the trade to China and India," it was among other things enacted, that it should and might be lawful for His Majesty to appoint, not exceeding 3 of His Majesty's subjects, to be Superintendents of the Trade of His Majesty's subjects to and from the dominions of the Emperor of China; and by any Order or Orders in Council to make and issue directions and regulations touching the said trade, and for the government of His Majesty's subjects within the said dominions: And whereas by a certain other Act passed in the 6th and 7th years of Her Majesty's reign [cap. 80],† intituled "An Act for the better government of Her Majesty's subjects resorting to China," it was among other things enacted, that it should be lawful for Her Majesty to authorize the Superintendent of the Trade of Her Majesty's subjects in China (so long as such Superintendent should be also the Governor of the Island of Hong-Kong) to enact, with the advice of the Legislative Council of the said island of HongKong, all such laws and ordinances as might from time to time be required for the peace, order, and good government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than 100 miles from the coast of China; and that it should also be lawful for Her Majesty, by any Order or Orders in Council, to ordain, for the government of Her Majesty's subjects, being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than 100 miles from the coast of China, any law or ordinance which to Her Majesty in Council might seem meet: And whereas by a certain other Act passed in the 6th and 7th years of Her Majesty's reign [cap. 94], intituled "An Act to remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual," it was among other things enacted, that it should be lawful for Her Majesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty now hath, or may at any time hereafter have, within any Country or place out of Her Majesty's dominions, in the same and as ample a manner as if Her Majesty had acquired such jurisdiction by the cession or conquest of territory: And whereas by Treaty, grant, sufferance, or other lawful means, Her Majesty hath power and jurisdiction over British subjects within the dominions of the Emperor of China, and the same or certain parts thereof have heretofore been exercised on behalf of Her Vol. XXXI. Page 1230. Vol. XX. Page 256. Vol. XXXI. Page 984 Majesty by Her Majesty's Consular officers resident within the said dominions: And whereas in pursuance of the powers vested in Her Majesty by the above-recited Act of the 3rd and 4th years of the reign of his late Majesty King William IV, Her Majesty was pleased, by an Order in Council passed on the 24th day of February, 1843,* to prohibit her subjects from resorting, for the purposes of trade and commerce, to any other ports in the dominions of the Emperor of China than those of Canton, Amoy, Foochowfoo, Ningpo, and Shanghae, or than might be in the occupation of Her Majesty's forces. And whereas Her Majesty was pleased, by a certain other Order in Council, passed on the 2nd day of October, 1843,† to order, that if any law or Ordinance made in pursuance of the above-recited Act passed in the 6th and 7th years of Her Majesty's reign [cap. 80], intituled "An Act for the better government of Her Majesty's subjects resorting to China," should be in anywise repugnant to or at variance with the above-recited Order of Her Majesty in Council of the 24th day of February, 1843, or with certain Orders passed by his late Majesty King William IV, on the 9th of December, 1833,§ for the government and trade of His Majesty's subjects at Canton in the dominions of the Emperor of China, and for the appointment of a court of justice with criminal and Admiralty jurisdiction for the trial of offences committed by His Majesty's subjects within the said dominions, and the ports and havens thereof, or on the high seas within 100 miles from the coast of China; or with a certain other Order passed by Her Majesty on the 4th day of January, 1843,|| directing that the said court of justice should be holden in the island of Hong-Kong for the purposes aforesaid; then such law or ordinance, so long as the same should be in force, should be obeyed and observed; anything in the said recited Orders in Council contained to the contrary in anywise notwithstanding: And whereas Her Majesty was pleased by a certain other Order in Council, passed on the 17th day of April, 1844,¶ to order that Her Majesty's Consuls and Vice-Consuls resident within the dominions of the Emperor of China, or such other persons as by warrant under the hand and seal of the Chief Superintendent of the Trade of Her Majesty's subjects in China, for the time being, should be appointed to act provisionally as Consuls or Vice-Consuls, should severally, in the districts within which they might respectively be appointed to reside, have and hold all necessary power and authority to exercise jurisdiction over British subjects within such districts as aforesaid, for the repression and punishment of crimes and offences by them * Vol. XXXI. Page 1374. + Vol. XXXI. Page 1237. § Vol. XX. Pages 260, 262, 264. ¶ Vol. XXXII. Page 895. committed within the dominions of the Emperor of China, and for the arrangement and settlement of all and all manner of differences contentions, suits, and variances that might or should happen to arise between them or any of them; and should, moreover, have power and authority, as far as in them might lie, to compose and settle all and all manner of differences, contentions, suits, and variances, that might or should happen to arise between British subjects and the subjects of the Emperor of China; or between British subjects and the subjects of any foreign Power, and which might be brought before them for settlement; and Her Majesty was further pleased to order that Her Majesty's Consuls and ViceConsuls in China, or any persons acting provisionally as such. Consuls or Vice-Consuls, should, in the exercise of the jurisdiction so granted to them, be governed by such laws and ordinances in that behalf as might be enacted with the advice of the Legislative Council of the island of Hong-Kong, by the Superintendent of the Trade of Her Majesty's subjects in China for the time being, being the Governor of Hong-Kong; and Her Majesty was further pleased, to appoint the colony of Hong-Kong as the British colony, wherein crimes and offences committed by British subjects within the dominions of the Emperor of China, which it might be expedient should be inquired of, tried, determined, and punished within Her Majesty's dominions, should be so inquired of, tried, determined and punished: And whereas in virtue of the powers conferred upon Her Majesty by the above recited Act passed in the 6th and 7th years of Her Majesty's reign [cap. 80], intituled "An Act for the better government of Her Majesty's subjects resorting to China," divers ordinances have, by authority of Her Majesty, from time to time, been enacted by the Superintendent of the Trade of Her Majesty's subjects in China, being the Governor of the island of Hong-Kong, with the advice of the Legislative Council of the said island; and whereas it is expedient to consolidate and amend the same: I. Now, therefore, in pursuance of the above-recited Act passed in the 3rd and 4th years of the reign of his late Majesty King William IV [cap. 93], intituled "An Act to regulate the trade to China and India," and in pursuance of the above-recited Act, passed in the 6th and 7th years of Her Majesty's reign [cap. 80], intituled "An Act for the better government of Her Majesty's subjects resorting to China," and in execution of the powers thereby in Her Majesty in Council vested, Her Majesty is pleased, with the advice of her Privy Council, to order, and doth hereby order, that from and after the 1st day of November next ensuing each and every ordinance enacted as aforesaid by the Superintendent of the Trade of Her Majesty's subjects in China, being the Governor of the island [1852-53.] S |