! ACT of the British Parliament, to provide for the Exercise of the Duties of Chief Superintendent in China, in certain Cases. [22 & 23 Vict. Cap. 9.] [August 8, 1859.] WHEREAS by an Act passed in the session holden in the 3rd and 4th years of King William IV., chapter 93,* "to regulate the trade to China and India," provision was made for the appointment of 3 Superintendents of the trade of His Majesty's subjects to and from the dominions of the Emperor of China (one of whom should be styled the Chief Superintendent): And whereas by an Act passed in the session holden in the 6th and 7th years of Her Majesty, chapter 80,† "for the better government of Her Majesty's subjects resorting to China," after an enactment providing for the vesting of certain powers in the said Chief Superintendent, so long as he should be also (Governor of the Island of Hong Kong, it was enacted that it should be lawful for Her Majesty, by any Commission or Warrant under Her Royal Sign Manual, to make such provision as to Her Majesty might seem fit for the temporary exercise of the duties of the said Chief Superintendent, in the event of a vacancy occurring in that office by death, resignation, or otherwise: And whereas it is expedient that provision should be made for the exercise of the duties of the said Chief Superintendent as well during the absence of the person holding that office as during a vacancy: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present * See Vol. 4. Page 76. † See Vol. 6. Page 251. Parliament assembled, and by the authority of the same as follows: I. It shall be lawful for Her Majesty, by any Commission or Warrant under Her Royal Sign Manual, to direct and appoint that in the event of a vacancy occurring in the said office of Chief Superintendent, by death, resignation, or otherwise, or in the event of the absence of the Chief Superintendent from China, from any cause whatever, the person who shall be acting as Her Majesty's Chargé d'Affaires in China shall in any such case as aforesaid assume and hold the office of Chief Superintendent, and exercise all the powers and duties thereof, during such vacancy or absence, or to make by such Warrant or Commission such further or other provision as to Her Majesty may seem fit for the exercise of the duties of the said Chief Superintendent during such vacancy or absence. II. This Act shall apply as well to the cases in which the Chief Superintendent is not appointed Governor of Hong Kong as to the cases in which he is also appointed such Governor. BRITISH ORDER IN COUNCIL, relative to the Observance of the Rules of Maritime Law, under the Declaration of the Congress of Paris, 1856, towards Vessels and Goods of the Enemy and of Neutral Towers, in the event of War by France and Great Britain against China. March 7,1860. At the Court at Buckingham Palace, the 7th day of March, 1860. PRESENT, THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS, in the event of hostilities commencing between Her Majesty and her august Ally the Emperor of the French on the one hand, and the Emperor of China on the other hand, it is the intention and desire of Her Majesty, and of His Majesty the Emperor of the French, to act during such hostilities in strict conformity with the Declaration respecting Maritime Law, signed by the Plenipotentiaries of Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey, assembled in Congress at Paris, and dated April 16, 1856;* and whereas Her Majesty is willing to extend the benefits of the said Declaration of Paris to all Powers which may be neutral in the said hostilities : Now Her Majesty is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, that so far as regards the ships of any neutral Power, the flag of any such Power shall cover the enemy's goods, with the exception of contraband of war; so that no goods of enemies found on board any ship * See Vol. 10. Page 547. belonging to the subjects of such neutral Power, or to those inhabiting within the dominions of any such Power, and duly entitled to use the flag of such Power, shall be subject to capture or condemnation by reason only of such goods being enemies' goods; all other liabilities to capture and condemnation, respectively, of enemies' goods and neutral ships being reserved and remaining in all respects as before the Declaration of the said Congress at Paris, of the 16th of April, 1856. And it is hereby further ordered that neutral goods, with the exception of contraband of war, shall not be liable to capture under the enemy's flag, by reason only of said goods being under the enemy's flag; all other liabilities to capture and condemnation of neutral goods being reserved, and remaining in all respects as before the Declaration of the said Congress at Paris, of the 16th of April, 1856: Provided always, and it is hereby ordered, that nothing herein contained shall be applicable to, or shall be construed, deemed, or taken, so as to operate or apply to, or in favour of any person, ship or goods whatsoever, which may be captured for breaking or attempting to break, or which may be lawfully adjudged to have broken or attempted to break, any blockade maintained by a force sufficient really to prevent access to the coast of the enemy; but that all such persons, ships, and goods may be duly taken cognizance of, proceeded upon, adjudicated, dealt with, and treated, in all respects and to all purposes according to the course of Admiralty and the Law of Nations, as if this Order had never been made, anything hereinbefore to the contrary in anywise notwithstanding. And it is further ordered that, notwithstanding the existence of hostilities between Her Majesty and her august Ally on the one hand, and the Emperor of China on the other hand, and during the continuance thereof, all and every the subjects of Her Majesty and of Her august Ally the Emperor of the French, shall and may, during such hostilities, freely trade at and with all ports and places wheresoever situate in the dominions of China, and also with all persons whomsoever, as well subjects of the Emperor of China as others residing or trading within any part of the dominions of the said Emperor. And it is further ordered and declared that, if any Chinese ship or vessel shall be captured or taken by any of Her Majesty's vessels or forces, having on board any inerchandize or goods being the bona fide property of any subject or subjects of Her Majesty or of her august Ally the Emperor of the French, such merchandize or goods shall not be subject or liable to be condemned as prize, but shall, on the proof of such property, as aforesaid, be restored to the owner or owners thereof: Provided always, and it is hereby ordered, that this Order shall not apply, or be construed, deemed, or taken to operate to, or apply to or in favour of contraband of war, or to trading in, supply of, or dealing with, any articles or |