21.

Acte du Parlament Britannique pour régulariser le commerce à la Chine et aux Indes orientales. En date du 28. Août 1833.

(The Times.)

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 22nd day of April, 1834: 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 Magella, 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 22nd day of April, 1834, an Act passed in the fourth Year of the Reign of His late Majesty King.. George the IVth, 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Session of Parliament, for the registering of Vessels, so far as it relates to Vessels registered in India," shall be repealed, except such parts thereof as relate to Asiatic Sailors, Lascars, being Natives of the Territories under the Government of the East India Company, but so as not to revive any Acts or parts of Acts by the said Act repealed; and except also as to such voyages and adventures as shall have been actually commenced under the authority of the said Act; and except as to any suits and

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1833 proceedings, which may have been commenced, and be depending on the said 22nd day of April, 1834 from and after the said 22nd day of April, 1834, the E ments hereinafter contained shall come into oper

II. And be it further enacted, that so mu an Act passed in the 6th Year of the Reign o late Majesty King George the IVth, intituled, Act for the general Regulation of the Customs prohibits the importation of tea, unless from the of its growth, and by the East India Company, into the port of London; and also so much o said Act as prohibits the importation into the U Kingdom of Goods from China, unless by the India Company, and into the Port of London; also so much of the said Act as requires that the uifests of Ships departing from places in China be authenticated by the chief supercargo of the India Company; and also that so much of an Act passed in the said 6th Year of the Reign of said late Majesty King George the IV., intituled Act to regulate the Trade of the British Posses Abroad," as prohibits the importation of Tea into of the British Possessions in America, and into Island of Mauritius, except from the United K dom, or from some other British Possessions America, and unless by the East India Compan with their License, shall be, from and after the day of April, 1834, repealed; and thenceforth ( withstanding any provision, enactment, matter, or th made for the purpose of protecting the exclusive ri of trade heretofore enjoyed by the said Company any Charter of the said Company, in the said Ac any other Act of Parliament contained,) it shall lawful for any of His Majesty's Subjects to carry trade with any Countries beyond the Cape of G Hope to the Streights of Magellan.

III. Provided always, and be it enacted, that person having the command of any Ship or Ve arriving at any Place in the possession of or un the Government of the said Company shall make sign, and deliver to the principal Officer of the C toms, or other person thereunto lawfully authoriz a true and perfect List, specifying the names, ca cities and description of all persons who shall ha

been on board such Ship or Vessel at the time of its 1833 arrival; and if any person having the command of such Ship or Vessel shall not make out, sign, and deliver such List, he shall forfeit L. 100. 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.

IV. And be it enacted, that the penalty or forfeiture aforesaid shall be recoverable by action of debt, bill, plaint, or information in any of His Majesty's Courts of Record in the United Kingdom of Great Britain and Ireland, and in India or elsewhere, or in ny Courts in India to which Jurisdiction may hereaf er be given by the Governor General of India in Council in that behalf, to be commenced in the County, 'residency, Colony, or Settlement where the Offener may happen to be; or by Conviction in a summary way before 2 Justices of the Peace in the United Kingdom, or in India, of the County or Presidency where such Offender may happen to be; and pon such Conviction the penalty or forfeiture aforeaid shall and may be levied by distress and sale of he goods and chattels of the Offender: and for want of such sufficient distress every such Offender may be Committed to the Common Goal or House of Correcon for the space of 3 calendar months.

V. And whereas it is expedient for the objects of trade and amicable intercourse with the Dominions of the Emperor of China that provision be made for the establishment of a British Authority in the said Dominions; be it therefore enacted, that it shall and may be lawful for His Majesty, by any Commission or Commissions, or Warrant or Warrants under His Royal Sign Manual, 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 said Dominions, for the purpose of protecting and promoting such trade, and by any such Commission or Warrant as aforesaid to settle such gradation and subordination among the said Superintendents (one of whom shall be styled the Chief Superintendent), and to appoint such Officers to assist them in the execution of their

1833 duties, and to grant such Salaries to such Super dents and Officers, as His Majesty shall from ti time deem expedient.

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VI. And be it enacted, that it shall and m lawful for his Majesty, by any such Order or O Commission or Commissions, as to His Majes Council shall appear expedient and salutary, to to the said Superintendents, or any of them, and Authorities over and in respect of the Trad Commerce of His Majesty's Subjects within any of the said Dominions; and to make and issue 1 tions and Regulations touching the said Trade and merce, and for the government of His Majesty's jects within the said Dominions; and to impose | ties, forfeitures, or imprisonments for the brea any such Directions or regulations, to be enfor such manner as in the said Order or Orders sh specified; and to create a Court of Justice with minal and Admiralty Jurisdiction for the trial of ces committed by His Majesty's Subjects withi said Dominions, and the Ports and Havens the and on the high seas within 100 miles of the of China; and to appoint 1 of the Superintendent rein - before mentioned to be the Officer to hold Court, and other Officers for executing the Pr thereof; and to grant such Salaries to such Off as to His Majesty in Council shall appear reason

VII. And be it enacted, that no Superinter or Commissioner appointed under the authority of Act shall accept for or in discharge of his duties, gift, donation, gratuity, or reward, other than Salary which may be granted to him as aforesai be engaged in any trade or traffic for his own be or for the benefit of any other Person or Persons

VIII. And be it enacted, that it shall be la for His Majesty, by and with the advice of his F Council, by any Order or Orders to be issued time to time, to impose, and to empower such Per as His Majesty in Council shall think fit to collect levy from or on account of any Ship or Vessel bek ing to any of the Subjects of His Majesty enter any Port or Place where the said Superintendents any of them shall be stationed, such Duty and goods as shall from time to time be specified

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such Order or Orders not exceeding, in respect of 1833 tonnage the sum of 5 shillings for every ton, and not exceeding, in respect of goods the sum of 10 shillings for every L. 100 of the value of the same, the Fund arising from the collection of which Duties shall be appropriated, in such manner as His Majesty in Council shall direct, towards defraying the expences of the Establishments by this Act authorized within the said Dominions: Provided always, that every Order in Council issued by authority of this Act shall be published in the London Gazette; and that every such Order in Council, and the amount of expence incurred, and of Duties raised under this Act, shall be annually laid before both Houses of Parliament.

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IX. And be it enacted, that if any Suit or Action shall be brought against any Person or Persons for any thing done in pursuance of this Act, then and in every such case such Action or Suit shall be commenced or prosecuted within 6 months after the fact Committed, and not afterwards, except where the cause of Action shall have arisen in any place not within the jurisdiction of any of His Majesty's Courts having CiJurisdiction, and then within 6 months after the Plaintiff or Plaintiffs and Defendant or Defendants shall have been within the Jurisdiction of any such Court; and the same and every such Action or Suit shall be brought in the County or Place where the cause of Action shall have arisen, and not elsewhere, except where the cause of Action shall have arisen in any place not within the jurisdiction of any of His Maje

Courts having civil jurisdiction; and the Defendant or Defendants shall be entitled to the like notice, and shall have the like privilege of tendering amends to the Plaintiff or Plaintiffs, or their Agent or Attorney, as is provided in Actions brought against any Justice of the Peace for acts done in the execution of his office by an Act passed in the 24th year of the Reign of King George IInd, (Cap. 44.) intituled "An Act for the rendering Justices of the Peace more safe in the execution of their office, and for indemnifying Constables and others acting in obedience to their Warrants" and the Defendant or Defendants in every such Action or Suit may plead the general issue, and give the special matter in evidence; and if the matter