The Sun.
London, England, 1833-12-14 00:00:00

JUDICIAL ARRANGEMENTS RESPECT-

ING CHINA.

(From last night's Gazette.)

At the Court at Brighton, the 9th day of December, 1833.,

PRESENT,
The King's most excellent Majesty in Council.
Whereas by a certain Act of Parliament, made and
passed in the third and fourth year of his Majesty's reign,
intituled " An Act to regulate the trade to China and
India," it is amongst other things enacted, that it shall
and m y he lawful for hia Majesty, by any such order or
orders. as his Majesty in Council shall appear expedient
and salutary, to give to the superintendents in the said
Act mentioned, or any of them, powers and authorities
over and in respect of the trade and commerce of his Ma-
jesty's subjects within any part of the dominions of the
Emperor of China; and to make and issue directions and
regulations touching the said trade and commerce, and
for the direction of his Majesty's subjects within the said
dominions ; and to impose penalties, forfeitures, or im-
prisonments for the breach of any such directions or
regulations to be enforced in such manner as in the said
order or orders shall be specified
And whereas the officers of the Chinese Government,
resident in or near Canton, in the empire of China, have
signified to the Super Cargoes of the East India Company
at Canton, the desire of that Government that effectual
provision should he made, by law, for the good order of
all his Majesty's subjects resorting to Canton, and for
the maintenance of peace and due subordination amongst
them ; and it is expedient that effect should be given to
such reasonable demands of the said Chinese Government;
now therefore, in pursuance of the said Act, and in exe-
cution of the powers thereby in his Majesty in Council in
that behalf vested, it is hereby ordered by his Majesty, by
and with the advice of his Privy Council, that all the
powers and authorities which, on the twenty-first day of
April, one thousand eight hundred and thirty-four, shall
by Itw be vested in the Super Cargo.* of the United
Company of Merchants trading to the East Indies, over
and in respect of the trade and commerce of his Majesty's
subjects at the port of Canton, shall he, and the same are
hereby, vested in the Superintendents for the time being
appointed wider and by virtue of the said Act of
Parliament ; and that all regulations which, on the said
twenty first day of April, one thousand eight hundred
and thirty-four, shall be in force touching the said
trade and commerce, save so far as the same are
repealed or abrogated hut the said Act of Parliament
or by any commission and instructions, or Orders
in Council, issued or made by his Majesty in pursuance
thereof, or are inconsistent therewith, shall continue
in full force and virtue ; and th it all such penalties, for •
feiturea, or imprisonments as might, on the said twenty
rst day of April, one thousand eight hundred and thirty
four, he incurred or enforced for the breach of such then
exiting regulations, shall thenceforth he, in like manner,
incurred and enforced for the breach of the same regulations,
so far as the same are hereby revived and continued in force
as aforesaid ; and that all such penalties, forfeitures, or
imprisonments, when so incurred, shall he enforced in
manner following, that is to say, either by such ways and
smarts by which the same might, on the said twenty-first
of April, one thousand eight hundred and thirty-four, have
been lawfully enforced, or by sentence and adjudication of
she Court of Justice established at Canton aforesaid, under
and in pursuance of the said Act of Parliament.
Provided also, and it is further declared, that the regu-
lations t erein contained are and shall be considered as
provisional only, and as intended to continue in force only
until his Maje-ty shall he pleased to make such further or
other orders in the premises, in pursuance of the said Act
of Parliament, as to his Majesty, with the advice of his
Privy Council, may hereafter seem salutary and expedient,
in reference to such further information and experience as
nosy hereafter be derived from the future course of the
said trade.
And it is hereby further ordered, that the said super-
intendents shall compile and publish, for the information
of all whom it may concern, the several regulations hereby
established and confirmed as aforesaid ; and that such
publication, when so made with the authority of the said
superintendents, shall, for all purposes be deemed and
taken to be legal and conclusive evidence of the existence
and of the terms of any such regulation.
And it is further ordered, that the said superintendents
shall, on the arrival of any British ship or vessel at the
port of Canton aforesaid, cause to be delivered to the
Master, Commander, or other principal officer of such
ship or vessel, a copy of such regulations ; and that every
such Master, Commander, or other officer, together with
every other person arriving in or being on board any such
ship, shall be hound, and is hereby required, to conform
himself to such replations.
And the Right Honourable Viscount Palmerston, one
of his Majesty's Principal Secretaries of State, is to give
the necessary directions herein accordingly.
C. C. GREVILLE.

At the Court at Brighton, the 9th day of December, 1833

ritESENT,
The King's most excellent Majesty in Council.
Whereas by a certain Act of Parliament, made and passed
in the third and fourth year of his Majesty's reign, intitoled
" An Act to regula'e the Trade to China and India," it
is, amongst other things, enacted, that it shall and may
be lawful for his Majesty, by any such Order or Orders
as to his Majesty in Council shall appear expedient and
salutary, to create a Court of Justice, with criminal and
Admiralty jurisdiction, for the trial of offences committed
by his Majesty's subjects within the dominions of the
Emperor of China, and the ports and havens thereof, and
on the high seas, within one hundred miles of the coast of
China, and to appoint one of the Superintendents in the
said Act mentioned to be the officer to hold such Court,
and other officers for executing the process thereof ; now,
therefore, in pursuance of the said Act, and in execution
of the powers thereby in his Majesty in Council in that
behalf vested, it is hereby ordered by his Majesty, by and
with the advice of his Privy Council, that there shall be
a Court of Justice, with criminal and Admiralty juris-
diction, for the purposes aforesaid, which Court shall be
holden at Canton, in the said dominions, or on board
any British ship or vessel in the port or harbour of Can-
ton, and that the said Court shall be holden by the Chief
Superintendent for the time being, appointed, or to be
appointed, by his Majesty under and in pursuance of the
said Act of Parliament.
And it is further ordered, that the practice and pro-
ceedings of the said Court upon the trial of all i-sues of
fact or law to he joined upon any indictments or informa-
tions to be therein brought or prosecuted, shall be con-
formable to and correspond with the practice and proceed-
ings of the Courts of Oyer and Terminer and Gaol Deli-
very in England, upon the trial of such i,sues in such
Courts, so far as it may be practicable to maintain such
sesnfortnity and correspondence, regard being had to the
difference of local circumstances; and especially it is
hereby ordered, that every such trial of any such issue of
fact, or of mixed fact and law, shall be by the said Chief
Superintendent for the time being and a jury of 12 men,
and that upon every such trial the examination of witnesses
for and against the party or parties charged shall take place
;viva twee in open Court ; and that the sentence or judg-
ment of the said Court upon every such trial, founded
upon the verdict of such jury, shall he pronounced in open
Court by such Chief Superintendent as the presiding judge
thereof.
And whereas it will be necessary to frame and prescribe
rules of practice and proceeding to be observed upon all
such proaexutions, in order to ascertain how far the same
can he brought into conformity with the practice and
proceeding of his Majesty's Courts of Oyer and
'Terminer, and Gaol Delivery in England, and how far
it may he necessary to deviate from such practice
and proceeding by reason of the differences of local cir-
cumstances, it is, therefore, further ordered, that such chief
superintendent for the time being shall be, and he is
hereby authorised from time to time, but subject to the
provisions aforesaid, to promulgate all such rules of
practice and proceeding as it may be necessary to adopt
and follow upon, or previously to, the commitment of
any person to take his trial in the said Court, and re-
spectitsg the taking of hail for the appearance of any such
person at such trial, and respecting the form and manner
of preferring indictments, and of exhibiting criminal in •
formations against any persons charged with any crimes
or offences before the said Court ; and respecting the
Manner of summoning and convening jurors for the tri
of such indictments or information.; and respecting
qualifications of such jurors, and the mode of summoning
and compelling the attendance of Witnesses, and respecting
the process of the said Court, and mode of carrying
she same into execution ; and respecting the times and
alaces of holding such Courts, and the duties of the
respective Ministerial officers attending the same, whom
be is hereby authorised to appoint provisionally, suhjtct to
his Majesty's approbation ; and also respecting, every other
matter and thinf,,e&nnected with the administration of
justicethlrein '4ibiXtirmay be found necessary to regulate.
CAr_.4red, that all rules to be promul-
gatees'4e a iiiilSishall'ate•bintling and take effect from
the respect 7 4-!n of the dates thereof, but that the S 3 me
akaNty
_WI 'Chia- Superintendent, be transmitted to one
of tovitilalesityPs)-iirincipar Secretaries of State, fur his
Majertifs,(pprobation or disallowance, and that any such
fide shill cease to be binding, or to have any force or
effect, froutvq,atek,the time of which his Majesty's dis-
--G