Exterritoriality: The Law Relating to Consular Jurisdiction and to Residence in Oriental Countries
Kelly & Walsh, limited, 1907 - Consular jurisdiction - 326 pages
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Common terms and phrases
according acquired action administration Admiralty appears applied arise authority bankruptcy British subjects carrying cause China civil claim clauses colony committed condition considered Consul Consular Court contract criminal deal decision definition depends difficulty direct domicil dominions doubt effect England English established evidence execution exercise existence express extended exterritorial fact foreign country foreign jurisdiction further give given Government granted Highness important included India involved issued Judge judgment judicial King legislation limits Majesty Majesty's manner marriage matters means ment native nature necessary offence officers operation Order in Council oriental country otherwise Parliament parties person port possession practice present principle prisoner privileges proceedings protection provisions punishment question reason recognised referred regard regulations relation removed resident respect rule sentence ship Sovereign statute sufferance Sultan Supreme Court territorial tion trade treaty trial tried Vict warrant
Page 281 - WHEREAS by treaty, capitulation, grant, usage, sufferance and other lawful means, Her Majesty hath power and jurisdiction within divers countries and places out of Her Majesty's Dominions...
Page 293 - British subjects who may commit any crime in China shall be tried and punished by the Consul or other Public Functionary authorized thereto according to the Laws of Great Britain. Justice shall be equitably and impartially administered on both sides.
Page 53 - Order, to direct that all or any of the enactments described in the First Schedule to this Act, or any enactments for the time being in force amending or substituted for the same, shall extend, with or without any exceptions, adaptations, or modifications in the Order mentioned, to any foreign country in which for the time being Her Majesty has jurisdiction.
Page 221 - Any British subject who has at any time before, or may at any time after, the passing of this Act, when in any foreign state and not under any disability, voluntarily become naturalized in such state, shall, from and after the time of his so having become naturalized in such foreign state, be deemed to have ceased to be a British subject and be regarded as an alien.
Page 29 - The constitution of this court, relatively to the legislative power of the king in council, is analogous to that of the courts of common law, relatively to that of the parliament of this kingdom.
Page 30 - What would be the duty of the individuals who preside in those courts if required to enforce an Act of Parliament which contradicted those principles is a question which I presume they would not entertain a priori; because they will not entertain a priori the supposition that any such will arise. In like manner, this court will not let itself loose into speculations as to what would be its duty under such an emergency; because it cannot, without extreme indecency, presume that any such emergency...
Page 60 - Where after the commencement of this Act any action, prosecution, or other proceeding is commenced in the United Kingdom against any person for any act done in pursuance, or execution, or intended execution of any Act of Parliament, or of any public duty or authority...
Page 142 - Property" includes money, goods, things in action, land, and every description of property, whether real or personal and whether situate in England or else- * where; also, obligations, easements, and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as above defined...
Page 293 - XVIII. The Chinese authorities shall, at all times, afford the fullest protection to the persons and property of British subjects, whenever these shall have been subjected to insult or violence. In all cases of incendiarism or robbery, the local authorities shall at once take the necessary steps for the recovery of the stolen property, the suppression of disorder, and the arrest of the guilty parties, whom they will punish according to law.
Page 208 - England, or within a year before the date of the presentation of the petition has ordinarily resided, or had a dwelling-house or place of business, in England...