CIVIL JURISDICTION—continued. in respect of firms with branch houses, 200 larger measure than that claimed justified, 202 CIVIL LAW OF ENGLAND, consequences of extension of, 263 Civilised COUNTRY, exercise of foreign jurisdiction in, 72 COLONIAL COurts, original jurisdiction for trial of offences in oriental country, 59 judgment of, not enforced, 204 COLONIAL COURTS OF ADMIRALTY ACT, COLONIAL LAWS VALIDITY ACT, extension of principle of, 61 COLONIAL LEGISLATURE, adoption by, of Merchant Shipping Act, Part II, to extend to foreign in occupied, 20 persons charged sent for trial to, 55 saving of extra-territorial laws of, 57 power to send convicts to, for execution of sentence, 57 appellate jurisdiction in neighbouring, 59 persons naturalised in, not included in exterritorial privilege, 69 settled, application of English Law to, 81 probates of, resealing, 150 resealing in, of consular probates, 150 deportation to, for trial, 195 for exccution of sentence, 196 COREA, jurisdiction of Courts in, over offences in ships in Eastern Seas, 65 definition of "British subject" in, 68 offences committed on boundary with China, 102 on journey from, to China, 103 constitution of Courts in, 166 jurisdiction over foreigners in, 172 text of treaty with, 294 form of jurisdiction clauses in treaty, 76 CO-RESPONDENT, consular jurisdiction as to, 142 166 native official forms part of Court, 166 where native Judge present in mixed cases, 167 evolution of International Mixed Court, 167 COURTS, PROVINCIAL, in China, 165 CRIMINAL JURISDICTION, grant of, involves right to determine criminality of acts, 78 consequences of, 263 acts not criminal in England not to be deemed offences, 127 application of, 190, 263 CRIMINAL LUNATIC, administration of estate of, 147 CROWN ADVOCATE, consent of, to prosecution under Official Secrets Act, 162 CROWN COLONIES, King's power of legislation in, 19 form of grant of powers of Government in, 162 CUSTODY OF CHILDREN, consular jurisdiction as to, 142 CYPRUS, jurisdiction in, exercised under Foreign Jurisdiction Act, 10 form of grant of powers of government in, 162 Convention agreeing to English occupation, 277 governs payment of legacy duty, 217 Chitty J's dicta in re Tootal's Trusts criticised, 217 a question of presumption, 219 effect of treaty on, 219 consequences if it could be acquired, 220 of orientals in Europe, 221 no Anglo-Oriental domicil, 222 Anglo-Indian explained, 222, 224 under factory system, 223 “British-Indian" domicil, suggested use of, 224 no exterritorial domicil, 224 revival of domicil of origin, 225, 230 effect of principle where domicil colonial, 225 argument in favour of, 225 "domicil of choice" principles of, applicable to, 226 consequence of, 233 is a relation to locality, 226 definitions, 227 possibility of relationship to community considered, 228 legal consequences of, 228 a man cannot be without, 230 conditions of residence in oriental countries may render it unstable, 231 suggested rule as to exterritorial domicil, 232 application of rule to protected persons, 233 to protected State, 233 determination of actual domicil, 234 application of law of, to native marriages, 245 effect of, on divorces of Englishmen, 250 position of, in questions of divorce, 253 governs recognition of adoption and legitimation, 254 DROITS OF ADMIRALTY, jurisdiction as to, 118 obedience to, required because its operation is sanctioned by treaty, 7 in foreign jurisdiction, the law as at time cause of action arises, 82 bankruptcy,, 140 142 142 146 150 meaning of term, 235 EVIDENCE, office copy of power of attorney, 152 of member of Legation how obtained, 161 EVIDENCE ACT, operation of ss. 7 and 11 of Act of 1851 as applied, 88 application of other Evidence Acts, 151 substitutions made in Act of 1859, 82 EXPLOSIVE SUBSTANCES ACT, application of, 190 EXTORTION, by officers of Court, punishment, 138 EXTRADITION, analogy between, and foreign jurisdiction, 19 magistrate holds preliminary enquiry, not trial, 35 EXTRA-TERRITORIAL LAWS, general principle as to, 25 how far criminal capable of being applied by Consular Court, 189, 191 authorising executive action abroad, 38 EXTRA-TERRITORIALITY, misuse of term, 3 EXTERRITORIALITY, fundamental principles of, 4 personal nature of privileges, 10 the resulting immunities, 10 rights of have no connexion with dignities of Crown, 21 the chain on which it rests, 27 extended to protected persons, 69 |
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