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15. The respective letters and packets transmitted by the post under the provisions of this Warrant shall be subject to the several orders, directions, regulations, and rates of postage respectively contained in a certain. Warrant of the Commissioners of Her Majesty's Treasury, under the hands of 2 of the said Commissioners, bearing date the 19th day of February, 1855,* relating to redirected rates of postage upon letters and packets which shall be redirected and again forwarded by the post.
16. The rates of postage chargeable on letters, books, publications, or works of literature or art, and other printed papers, transmitted by the post under the provisions of this Warrant, shall be in lieu of any rates of British postage now chargeable by law thereon.
17. Nothing herein contained shall be construed to extend to any letters, newspapers, books, publications, or works of literature or art, or other printed papers sent between the Republic of Venezuela and France, or sent otherwise than in closed mails between the Republic of Venezuela and any Foreign country or British Colony through France.
18. The several terms and expressions used in this Warrant shall be construed to have the like meaning in all respects as they would have had if inserted in the said Act passed in the 4th year of the reign of Her present Majesty.
19. The Commissioners for the time being of Her Majesty's Treasury may, by Warrant under their hands, duly made at any time hereafter, alter, repeal, or revoke any of the rates of postage hereby fixed or altered, or any of the orders, directions, regulations, and conditions hereby made, and may make and establish any new or other rates, orders, directions, regulations, and conditions in lieu thereof, and from time to time appoint at what time the rates which may be payable are to be paid.
20. This Warrant shall come into operation on the 1st day of January, 1862. Whitehall
, Treasury Chambers, the 4th day of October, 1861. E. H. KNATCHBULL-HUGESSEN.
See Vol. 10, Page 289.
BRITISH LETTERS PATENT, investing the Court of Hong
Kong with appellate jurisdiction in British Civil Suits from
Downing-street, February 27, 1860. The Queen has been pleased to direct the following Letters Patent to be passed under the Great Seal of the United Kingdom, for investing the Supreme Court of Hong Kong with appellate jurisdiction in cases of civil suits between British subjects heard and determined under the authority of Her Majesty's Order in Council of 3rd of March, 1859,* by British Consuls within the dominions of the Emperor of Japan.
VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, &c., to all to whom these presents shall come, greeting :
Whereas, by an Ordinance passed by the Legislative Council of Hong Kong, in the year 1845, intituled No. 6 of 1845, “An Ordinance to repeal Ordinance No. 15 of 1844, for the establishment of a Supreme Court of Judicature at Hong Kong, and to substitute other provisions in lieu thereof,” it was enacted that there should be within the said Colony a court which should be called the Supreme Court of Hong Kong.
And whereas, by an Order in Council, bearing date the 3rd day of March, 1859, it was ordered that, in the event of any suit of a civil nature, arising between British subjects within the dominions of the Tycoon of Japan, it should be lawful, upon the application of any party to such suit, for the Consul of the district within which the party sued should be found, to hear and determine such suit, subject to an appeal to the Supreme Court of the Colony of Hong Kong; and that every such appeal should be made and conducted in the manner and form, and under the same conditions as were prescribed by the said Order in Council in case the defendant only were a British subject. And whereas, by Article XXVIII of the aforesaid Order in Council,t it was further ordered, that the Supreme Court of the Colony of Hong Kong should have, and might exercise concurrently with Her Majesty's Consul, authority and jurisdiction in regard to all suits of a civil nature
* See Page 405 (Japan). Repealed by Order in Council January 23, 1860. See Page 407.
† See Page 418,
to say :
between English subjects arising within any parts of the dominions of the Emperor of Japan; provided always, that the said Supreme Court should not be bound, unless in a fit case it should deem it right so to do by writ of certiorari or otherwise, to debar or prohibit the Consul from hearing and determining, pursuant to the provisions of the several articles of the said Order, any suit of a civil nature between British subjects, or to stay the proceedings of a Consul in any such matter.
Now know ye, that we, upon consideration of the premises, and of our certain knowledge and mere motion, have thought fit to direct and ordain, and do direct and ordain as follows, that is
1. If any party to any such suit as aforesaid, heard and determined in Japan, shall be dissatisfied with the decision given upon the said suit by the Consul before whom the said shall be tried, it shall be lawful for such party, within 15 days after such decision, to give to the Consul notice of appeal to the Supreme Court of Hong Kong, whereupon the Consul shall, with as little delay as possible, stamp with his Consular Seal, and transmit all the documents which were produced before him, and none other, and also the notes taken by him of the evidence of the said suit, together with a statement of the grounds on which he formed his decision, to the said Supreme Court, and an exact copy of the order made by him, and shall forthwith notify to the several parties the transmission thereof. Provided always, that it shall be lawful for the Consul to require from any party appealing to the said Court, reasonable security, which shall consist in part of 1 or 2 sufficient sureties to be approved by the Consul, that such party shall and will abide by the decision to be given by the said Supreme Court, and pay all such costs of and incidental to such appeal, as the said Supreme Court shall direct.
2. And we do further direct and appoint that it shall be competent to the said Supreme Court, and the said Court is hereby required to take into consideration such documents and statements, and decide
same, and to communicate its decision to the Consul,who shall forth with proceed to carry the same into execution.
3, And we do further direct and appoint that in any appeal to the said court from the decision of a Consul, it shall not be open to any party to adduce any further evidence than that which was laid before the Consul, and that a party shall not be required to appear personally to prosecute an appeal or support a sentence. Provided always, that in all appeals from the decision of a Consul, it shall be lawful for a party to allege facts material to the issue in the cause which have come to his knowledge subsequently to the decision of the Consul, and to produce evidence in support of such facts, and provided also that it shall moreover be lawful for the said Court to admit any further legal evidence besides that adduced before the Consul, on its being established to the satisfaction of
the said Court by oath on personal examination, or by affidavit, that the party desiring to produce such further evidence was ignorant of the existence of such evidence, or was taken by surprise at the hearing before the Consul, or was unable to produce it before the Consul, after due and reasonable diligence and exertion on his part in that behalf, or where, under the particular circumstances of the case, it shall appear to the said Court that further evidence ought to be received.
4. And we do hereby give and grant to the said Supreme Court full jurisdiction, power, and authority, to hear and determine all such causes, suits, matters, and things as are mentioned and comprised in the said Article XXVIII of the aforesaid Orderin Council, of the 3rd day of March, 1859.
5. And we do further direct and appoint that it shall be lawful for the said Court to make such rules, orders, and regulations, not being inconsistent with the provisions of the said Order in Council, or with the laws in force in Hong Kong, as may in the judgment of the said Court be requisite for the speedy and effectual decision of the aforesaid appeals, and also of the said causes, suits, matters, and things. Provided always, that all such rules, orders, and regulations, shall forthwith be communicated to the Governor of Hong Kong, and by him shall be transmitted to us, our heirs and successors, under the seal of the said Court, for our or their approbation or disallowance, to be signified through one of our Principal Secretaries of State to the said Governor.
In witness whereof we have caused these, our Letters, to be made Patent. Witness ourself at Westminster, the 30th day of January, in the 23rd year of our reign.
ANNEXES to the Treaty and Convention between Great Britain
and China, of 1858 and 1860.*
(1.) Decree produced by the Prince of Kung at the Court of the Board
of Ceremonies, before signing the Convention of October 24, 1860,
(Translation.) On the 7th day of the 8th moon of the 10th year of the reign of Hein-fung (21st September, 1860), the Chief Secretariat had the honour to receive the following Imperial decree :
“We command Yih-su, Imperial Prince of Kung, to be Imperial Commissioner Plenipotentiary, with power to do whatever may be necessary to the exchanging of Treaties and the making of peace between the 2 nations.
“Respect this ! ”
* See Pages 86 and 112.
(2.) Certificate appended to the Treaty of lien-tsin by the Prince of
Kung. October 24, 1860.
(Translation.) The Prince of Kung, Commissioner and Plenipotentiary of His Majesty the Emperor of the Ta Tsing Dynasty, hereby executes a Čertificate :
“Be it known, that the impression of the Hwang Ti-chi P'au' (the 5th of the 25 seals of the Empire), which has been reverentially affixed to the foregoing Treaty, the same being the Treaty of Peace concluded at Tien-tsin in the year wu-wu (1858), is an attestation of the full assent of His Majesty the Emperor of China to, and his promise to abide by, all the Articles therein, and renders unnecessary any separate authorization by the Imperial signature.
“ This Certificate is accordingly appended to this Treaty, to serve as a record for evermore.
“ Executed at Peking on the 11th day of the 9th moon, in the 10th year of the reign Hien-fung (24th October, 1860).'
(3.) Minute relative to the temporary occupation by the French and
English Forces of the Shan-tuny Promontory. Tien-tsin, Nisvember 14, 1860.
(Translation.) AGREED that the Shan-tung Promontory shall be held in terms of the Convention of Peking of this year, as follows, viz.:
1. That the port of Che-foo shall be held by a French force, naval or military, as convenient.
2. That the Miatau Islands shall be held by an English force, naval or military, as convenient.
3. That such occupation shall cease when the indemnities due by the Chinese Government are paid, or sooner if the French and English Governments shall determine.
Given at Tien-tsin, the 14th November, 1860. J. HOPE GRANT, Lieutenant- Le Général Commandant-en
General commanding British Chef l'expédition Française, Forces.
CH. DE MONTAUBAN. J. HOPE, Vice-Admiral and Le Vice-Amiral CommandantCommander-in-Chief.
en-Chef les forces narales Françaises, S. CHARNER.