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“ The Colonial Probates Act, 1892," shall apply to the British possession hereunder mentioned
The Colony of Queensland.
And the Right Honourable Joseph Chamberlain, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.
A. W. FITZROY.
BRITISH ORDER IN COUNCIL, respecting the Executica
of Decrees, Orders, &c., of the Supreme Court for China, Japan, and Corea.- Windsor, July 14, 1899.*
At the Court at Windsor, the 14th day of July, 1899.
WHEREAS, by Treaty and otherwise, Her Majesty has power and jurisdiction within China, Japan, and Corea :
Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by “ The Foreigu Jurisdiction Act, 1890,"4 and otherwise in her vested, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows :
1. This Order may be cited as “ The China, Japan, and Corea (Supreme Court) Order in Council, 1899.”
2. All decrees, orders, and sentences made and passed by Her Majesty's Supreme Court for China, Japan, and Corea, shall be executed by such officer of the Court or Consular officer as Her Majesty's Minister in China shall from time to time appoint for the purpose.
3. Article 42 of “The China and Japan Order in Council, 1865,"I is hereby repealed.
A. W. FITZROY.
* “London Gazette," July 18, 1899. + Vol. LXXXII, page 656.
I Vol. LV, page 136.
BRITISH ORDER IN COUNCIL, regulating Her Majesty's
Jurisdiction within the Dominions of the Ottoman Porte.-
At the Court at Osborne House, Isle of Wight, the 8th day of
PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY.
Lord James of Hereford.
Sir Fleetwood Edwards.
WHEREAS by Treaty, capitulation, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has jurisdiction within the dominions of the Ottoman Porte :
Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Act, 1890," or otherwise in Her Majesty vested, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:
Part 1.-Preliminary and General.
1. This Order is divided into Parts, as follows:
2. The limits of this Order are the dominions of the Sublime Ottoman Porte, but, as respects Egypt, do not extend to any place south of the 22nd parallel of north latitude; and the expressions “ Ottoman dominions” and “ Egypt” shall, for the purposes of this Order, be construed accordingly.
3. In the construction of this Order the following words and expressions have the meanings hereby assigned to them unless
* “ London Gazette," August 11, 1899.
there be something in the subject or context repugnaut thereto, that is to say:
“Administration” means letters of administration, including the same with will annexed, or granted for special or limited purposes, or limnited in duration ;
“The Ambassador" means Her Majesty's Ambassador, and includes Chargé d'Affaires or other chief Diplomatic Reprezentatire of Her Majesty in the Ottoman dominions for the time being;
“Agent for Egypt” means Her Majesty's Agent and ConsulGeneral for Egypt, and includes any person temporarily appointed to act for that officer ;
“ British merchant-ship" means a merchant-ship being a British ship within the meaning of “The Merchant Shipping Act, 1891;"
“ British subject " includes a British protected person, that is to say, a person who either
(a.) Is a native of any Protectorate of Her Majesty, and is for the time being in the Ottoman dominions; or
(6.) By virtue of section 15 of “The Foreign Jurisdiction Act, 1890,” or otherwise, enjoys Her Majesty's protection in the Ottoman dominions;
“ Consular district” means the district in and for wbich a Consular officer usually acts, or for which he may be authorized to act, for all or any of the purposes of this Order by authority of the Secretary of State; “Consular officer” means a Consul - General, Consul, Vice
, Consul, Consular Agent, or Pro-Consul of Her Majesty resident in the Ottoman dominions, including a person acting temporarily, with the approval of the Secretary of State, as or for a Consul. General, Consul, Vice-Consul, or Consular Agent of Her Majesty 80 resident; and
(a.) “ Commissioned Consular officer means a Consular officer holding a commission of Consul-General, Consul, or Vice-Consul from Her Majesty, including a person acting temporarily, with the approval of the Secretary of State, as or for such a commissioned Consular officer;
(6.) “ Uncommissioned Consular officer” means a Consular officer pot holding such a commission, including a person acting temporarily, with the approval of the Secretary of State, as or for such an uncommissioned Consular officer;
“ Consulate” and “ Consular office” refer to the Consulate and office of a Consular officer;
“The Court," except when the reference is to a particular Court, means any Court established under this Order, subject, however, to the provisions of this Order with respect to powers and local jurisdictions ;
Foreigner" means a subject or citizen of a State in amity with Her Majesty, other than the Sublime Ottoman Porte;
“ Judge,” in relation to any Court, includes any person temporarily appointed to act as Judge of that Court;
"Legal practitioner" includes barrister-at-law, advocate, solicitor, writer to the Signet, and any person possessing similar qualifications ;
"Lunatic” means idiot or person of unsound mind;
“Master," with respect to any ship, includes every person (except a pilot) having command or charge of that ship;
“ Month” means calendar month;
“ Oath” and “affidavit,” in the case of persons for the time beir.g alloweỉ by law to affirm or declare, instead of swearing, include affirmation and declaration, and the expression "swear," in the like case, includes affirm and declare ;
“Offence" includes crime, and any act or omission punishable criminally in a summary way or otherwise ;
means a copy made uuder the direction of the Court, or produced to the proper officer of the Court for examina. tion with the original, and examined by him and sealed with the seal of the Court;
“Ottoman subject ” means a subject of the Sublime Ottoman
“ Ottoman Tribunal' means any Ottoman Tribunal of Commerce, Otton an Civil Tribunal, or Ottoman Maritime Court, or other Ottoman Tribunal;
“ Ottoman waters" means the territorial waters of the Ottoman dominions ;
“Person" includes corporation ;
“ Prosecutor” meaus complainant or any person appointed or allowed by the Court to prosecute;
“Proved” means shown by evidence on oath, in the form of affidavit or other form, to the satisfaction of the Court or Consular officer acting or having jurisdiction in the matter; and “proof” means the evidence adduced in that behalf;
“Resident” means having a fixed place of abode in the Ottoman dominions ;
“Rules of Court” means rules of Court made under the provisions of this Order;
“ Secretary of State” means one of Her Majesty's Principal Secretaries of Stato;
“Ship” includes any vessel used in navigation, however propelled, with her tackle, furniture, and apparel, and any boat or other craft;
“The Treasury' means the Commissioners of Her Majesty's Treasury;
“Treaty” includes any Convention, Agreement, or Arrangement made by or on behalf of Her Majesty with any State or Government, King, Chief, people, or tribe, whether His Majesty the Sultan is or is not a party thereto ;
" Will” ineans will, codicil, or other testamentary instrument.
Expressions used in any rules, regulations, or orders made under this Order shall, unless a contrary intention appears, have the same respective ineaning as in this Order.
4.-(1.) Words importing the plural or the singular may be construed as referring to one person or thing, or to more than one person or thing; and words importing the masculine as referring to the feminine (as the case may require).
(2.) Where this Order confers any power or imposes any duty, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.
(3.) Where this Order confers a power or imposes a duty on, or with respect to, a holder of an office, as such, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed by, or with respect to, the holder for the time being of the office or the person temporarily acting for the holder.
(4.) Where this Order confers a power to make any rules, regulations, or orders, the power shall, unless a contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like consent and conditions, if any, to rescind, revoke, vary, or amend the rules, regulations, or orders.
(5.) This Article shall apply to the construction of any rules, regulations, or orders made under this Order, unless a contrary intention appears.
5. The jurisdiction conferred by this Order extends to the persons and matters following, in so far as by Treaty, grant, usage, sufferance, or other lawful means, Her Majesty has jurisdiction in relation to such matters and things, that is to say :
(i.) British subjects, as herein defined, within the limits of this Order;
(ii.) The property and all personal or proprietary rights and liabilities within the said limits of British subjects, whether such subjects are within the said limits or not;
(ii.) Ottoman subjects and foreigners in the cases and according to the conditions specified in this Order, and not otherwise ;
(iv.) Foreigners with respect to whom any State, King, Chief, or Government, whose subjects, or under whose protection they are,