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(vi.) The making and using of official seals of the Company. (vii.) The winding-up (in case of need) of the Company's affairs.

(viii.) Any other matters usual or proper to be provided for in respect of a chartered company.

19. The deed of settlement shall before the execution thereof be submitted to and approved by the Lords of our Council, and a certificate of their approval thereof, signed by the Clerk of our Council, shall be indorsed on this our Charter and on the Deed of Settlement.

20. The provisions of the Deed of Settlement may be from time to time varied or added to by a supplementary deed, made and executed in such manner and subject to such conditions as the Deed of Settlement prescribes.

And we do further will, ordain, and declare that this our Charter shall be acknowledged by our Governors, and our naval and military officers, and our Consuls, and our other officers in our Colonies and Possessions, and on the high seas, and elsewhere, and they shall severally give full force and effect to this our Charter, and shall recognize and be in all lawful things aiding to the Company and its officers.

And we do further will, ordain, and declare that this our Charter shall be taken, construed, and adjudged in the most favourable and beneficial sense for and to the best advantage of the Company as well in our Courts in our United Kingdom, and in our Courts in our Colonies or Possessions, and in our Courts in foreign countries, as elsewhere, notwithstanding that there may appear to be in this our Charter any non-recital, mis-recital, uncertainty, or imperfection.

And we do lastly will, ordain, and declare that in case at any time it is made to appear to us in our Council that the Company has failed to comply with any material condition by this our Charter prescribed, it shall be lawful for us, our heirs and successors, and we do hereby expressly reserve and take to ourselves, our heirs and successors, the right and power, by writing under the Great Seal of our United Kingdom, to revoke this our Charter, without prejudice to any power to repeal the same by law belonging to us or them, or to any of our Courts, Ministers, or officers, independently of this present declaration and reservation.

In witness whereof we have caused these our letters to be made patent.

Witness ourself at our Palace at Westminster, this 1st day of November, in the 45th of our reign. By Her Majesty's command,

(L.S.) CARDEW.

CHINA AND JAPAN.

BRITISH ORDER IN COUNCIL, for the government of British Subjects in China and Japan. (Port, Consular, Customs, Harbour, Prison, and Land Regulations; Mortgages; Bills of Sale; Partnership; Civil Suits; Chinese, Japanese, and Foreign Tribunals.) Balmoral, October 25, 1881.

At the Court at Balmoral, the 25th day of October, 1881. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS Her Majesty the Queen has power and jurisdiction in relation to Her Majesty's subjects and others in the dominions of the Emperor of China and the dominions of the Mikado of Japan:

Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, or otherwise, in her vested, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:

Preliminary.

1. This Order may be cited as "The China and Japan Order in Council, 1881."

2. This Order shall, except as otherwise expressed, commence and take effect from and immediately after the 31st day of December, 1881, which time is in this Order referred to as the commencement of this Order.

3. In this Order

"China" means the dominions of the Emperor of China: "Japan" means the dominions of the Mikado of Japan : "Minister" means superior Diplomatic Representative, whether Ambassador, Envoy, Minister Plenipotentiary, or Chargé d'Affaires :

"Consular Officer" includes every officer in Her Majesty's Consular Service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or person authorized to act in any such capacity in China or in Japan :

"British Subject" means a subject of Her Majesty whether by birth or by naturalization:

"Foreigner" means a subject of the Emperor of China or of the Mikado of Japan, or a subject or citizen of any other State in amity with Her Majesty:

"Treaty" includes Convention, and any Agreement, Regu

VOL. XV.

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lations, Rules, Articles, Tariff, or other instrument annexed to a Treaty, or agreed on in pursuance of any stipulation thereof: "Month means calendar month:

Words importing the plural or the singular may be construed as referring to one person or thing, or more than one person or thing, and words importing the masculine as referring to females (as the case may require).

Repeal.

4. Subject to the provisions of this Order, Articles 85 to 91, inclusive, of "The China and Japan Order in Council, 1865,"* authorizing the making of Regulations for the purposes and by the authority therein mentioned, and the Regulations made thereunder, dated respectively 11th July, 1866, and 16th November, 1866, relating to mortgages, bills of sale, and proceedings against partnerships or partners or agents thereof, and Rule 252 of the Rules of the Supreme Court and other Courts in China and Japan of 4th May, 1865, relating to proceedings by or against partnerships and Articles 117 and 118 of "The China and Japan Order in Council, 1865,” relating to foreigners and foreign tribunals, are hereby repealed, as from the commencement of this Order; but this repeal does not affect any right, title, obligation or liability acquired or accrued before the commencement of this Order.

Confirmation of Regulations not repealed.

5. Such Regulations as are described in the Schedule to this Order, being Regulations made or expressed or intended to be made under or in execution of the powers conferred by Articles 85 to 91 of "The China and Japan Order in Council, 1865," and all other Regulations made or expressed or intended to be so made, and having been approved, or, in case of urgency, not disapproved, under that Order, before the commencement of this Order, except the Regulations expressed to be repealed by this Order, are hereby confirmed, and from the passing of this Order, and the same, as far as they are now in force, shall be in force, and shall be deemed to have always been of the like validity and effect as if they had been originally made by Order in Council.

Authority for further Regulations.

6. Her Majesty's Minister in China may from time to time, subject and according to the provisions of this Order, make such Regulations as to him seem fit for the peace, order, and good government of British subjects, resident in or resorting to China.

7. The power aforesaid extends to the making of Regulations for securing observance of the stipulations of Treaties between * March 9, 1865. See Vol. 12. Page 281.

Her Majesty, her heirs and successors, and the Emperor of China, and for maintaining friendly relations between British subjects and Chinese subjects and authorities.

8. Her Majesty's Minister in China may, as he thinks fit, make any Regulation under this Order extend either throughout China, or to some one or more only of the Consular districts in China.

9. Her Majesty's Minister in China, in the exercise of the powers aforesaid, may, if he thinks fit, join with the Ministers of any foreign Powers in amity with Her Majesty in making or adopting Regulations with like objects as the Regulations described in the Schedule to this Order, commonly called the Shanghai Land Regulations, or any other Regulations for the municipal government of any foreign concession or settlement in China; and, as regards British subjects, joint Regulations so made shall be as valid and binding as if they related to British subjects only.

10. Her Majesty's Minister in China may, by any Regulation made under this Order, repeal or alter any Regulation made under “The China and Japan Order in Council, 1865,” or under any prior like authority.

11.-(a.) Regulations made under this Order shall not have effect unless and until they are approved by Her Majesty the Queen, that approval being signified through one of Her Majesty's Principal Secretaries of State,-save that, in case of urgency declared in any such Regulations, the same shall take effect before that approval, and shall continue to have effect unless and until they are disapproved by Her Majesty the Queen, that disapproval being signified through one of Her Majesty's Principal Secretaries of State, and until notification of that disapproval has been received and published by Her Majesty's Minister in China.

(b.) That approval, where given, shall be conclusive, and the validity or regularity of any Regulations so approved shall not be called in question in any legal proceeding whatever.

12. Any Regulations made under this Order may, if Her Majesty's Minister in China thinks fit, impose penalties for offences against the same.

13. Penalties so imposed shall not exceed the following, namely, for any offence imprisonment for three months, with or without hard labour, and with or without a fine of 500 dollars, or a fine of 500 dollars without imprisonment, with or without a further fine, for a continuing offence, of 25 dollars for each day during which the offence continues after the original fine is incurred.

14. Regulations imposing penalties shall be so framed as to allow in every case of part only of the highest penalty being inflicted.

15. All Regulations made under this Order, whether imposing penalties or not, shall be printed, and a printed copy thereof shall be affixed, and be at all times kept exhibited conspicuously, in the public office of each Consulate in China.

16. Printed copies of the Regulations shall be kept on sale at such reasonable price as Her Majesty's Minister in China from time to time directs.

17. Where a Regulation imposes a penalty, the same shall not be enforceable in any Consular district until a printed copy of the Regulation has been affixed in the public office of the Consulate for that district, and has been kept exhibited conspicuously there during one month.

18. A charge of an offence against a Regulation made under this Order, imposing a penalty, shall be inquired of, heard, and determined as an ordinary criminal charge under "The China and Japan Order in Council, 1865," except that (notwithstanding anything in that Order) where the Regulation is one for securing observance of the stipulations of a Treaty, the charge shall be heard and determined in a summary way, and (where the proceeding is before a Provincial Court) without assessors.

19. A printed copy of a Regulation, purporting to be made under this Order and to be certified under the hand of Her Majesty's Minister in China, or under the hand and Consular seal of one of Her Majesty's Consular Officers in China, shall be conclusive evidence of the due making of the Regulation, and of its contents.

20. The foregoing provisions authorizing Regulations for China are hereby extended to Japan, with the substitution of Japan for China, and of the Mikado of Japan for the Emperor of China, and of Her Majesty's Minister in Japan for Her Majesty's Minister in China, and of Her Majesty's Consular Officers in Japan for Her Majesty's Consular Officers in China.

Prison Regulations.

21. The respective powers aforesaid extend to the making of Regulations for the governance, visitation, care, and superintendence of prisons in China or in Japan, and for the infliction of corporal or other punishment on prisoners committing offences against the rules or discipline of a prison; but the provisions of this Order respecting penalties, and respecting the printing, affixing, exhibiting, and sale of Regulations, and the mode of trial of charges of offences against Regulations, do not apply to Regulations respecting prisons and offences of prisoners.

Mortgages.

22. A deed or other instrument of mortgage, legal or equitable, of lands or houses in China or in Japan, executed by a British subject, may be registered at any time after its execu

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