FOREIGNERS, jurisdiction over, by sufferance, 42 not within Fugitive Offenders Act as applied, 102 not included in section dealing with offences on journey, 102 exercise of jurisdiction with regard to, 171 operation of most-favoured-nation clause, 173 must be subject of Treaty Power, 173 if not, subject to native law, 173, 174 questions involved in exercise of jurisdiction over, 175 jurisdiction granted to foreign Sovereign over, 175 exercise of jurisdiction over, essential to commerce, 177 depends on sufferance, 178 different provision as to, in China Orders, 179 summarised, 181 enquiry as to true position of, 181 practical cases in which question might arise, 182 position of foreigner's Government examined, 182 as plaintiff, submits to jurisdiction, 182 Sovereign's consent unnecessary, 183 as defendant, withdrawn from national jurisdiction, 183 FOREIGNERS-continued. no high sea jurisdiction over, 193 may garnish debts in aid of judgment, 203 how far bankruptcy jurisdiction exerciseable against, 209 how far they may avail themselves of statutes extended, 265 position of, under company law, 267 FOREIGN GOVERNMENT, how far consent necessary to exercise of jurisdiction over foreigners, 183 distinguisted from Protectorate, 75 list of countries where exercised, 76 practically includes the whole uncivilised world, 219 subjects cannot divest themselves from consequences of, 220 its effect on marriage and divorce, 253 abandonment of, 268 Servia, Japan, Tunis, 268 FOREIGN JURISDICTION ACT, necessary to enable extra-territorial orders to be issued, 19 early Acts, 21 sections of, analysed, 47 deportation under, 193, 196 FOREIGN LAW ASCERTAINMENT ACT, operation of Act as applied, 96 necessity for convention with foreign States, 97 FOREIGN MARRIAGE ACT, certificate of Secretary of State as to "official house," 53 FOREIGN TRIBUNALS EVIDENCE ACT, operation of, as applied, 89, does not apply to foreign Consular Courts, 90 FRIENDLY ISLANDS, jurisdiction in, 296 FUGITIVE OFFENDERS ACT, operation of Act as applied, 98, 139 foreigners excluded, 98 endorsing warrant by Consular Court, 98 provisional warrant, 99 report of case to British Minister, 99 return of fugitive by warrant, 99 discharge of, if not returned within one month, 99 notice to Minister of application, 100 returned fugitive to be sent back if not prosecuted in 6 months, 100 offences to which Act applies, 100 discharge if case frivolous or unjust, 100 inter-colonial backing of warrants, 100 application to colonies and foreign jurisdiction countries, 100 eastern group, 101 summonses to witnesses, 101 discharge if not returned within one month, 101 returned fugitive to be sent back if not prosecuted in 6 months, 101 refusal to return where offence trivial, 102 offences committed on boundary of two colonies, 102 offences committed on journey between two colonies, 102 rendition of offenders between two consular jurisdictions, 103 perjury, 103 FUGITIVE OFFENDERS ACT--continued. offences to be tried as if committed in place where tried, 103 intervention of oriental, where jurisdiction exceeded, 28, 188 GOVERNOR-GENERAL OF INDIA, delegated exercise of foreign jurisdiction by, 17 HABEAS CORPUS, application for, under Fugitive Offenders Act, 99 trial of murder or manslaughter on, 85 trial of offences under s. 686 of Merchant Shipping Act, 87 application of Fugitive Offenders Act to offences on, 100 general summary of law as to offences on, 192 HIGH SEA LEGISLATION, ships in eastern seas, 64 under s. 686 of Merchant Shipping Act, 65 of United Kingdom, application of to Consular Courts, 191 HONGKONG, persons sent to, for trial from China, 56 convicts sent to, for imprisonment from China, 58 deportation to, powers of Governor, 59, 60 former jurisdiction over offences committed within 10 miles of, 60, 138 jurisdiction of Courts over offences 100 miles from coast of China, 60 offences committed on boundary with China, 102 offences committed on journey from, to China, 103 in Consular Court, form of, 6 INFANT MARRAGES, non-recognition of, 253 INTERNATIONAL REGULATIONS, under Order in Council, 24 INTERPRETATION, of applied laws, principles governing, 79 of legislation, "as if foreign country were a British possession," 82 general rule as to, 169 INQUEST See CORONER, INVENTIONS, penal clauses of Acts relating to, extended, 129 subject to reciprocity, 129 IRELAND, petitions under Legitimacy Declaration Act, by persons domiciled in, 143 JAPAN, former jurisdiction over ships 100 miles from coast of, 63 whether still existent, 64 action by Government of, against P. & O. Co., for collision: analysis of judgment, 184 question of domicil in since abolition of consular jurisdiction, 232 recognition of marriages in, 244 legitimacy of children in, 245 abandonment of exterritoriality in, 268 JUDGE, CONSULAR, acts in capacity of Judge of oriental country, 6 powers of, as to deserters, 138 to make rules as to indexes of bills of sale, 154 recommendation by, of mitigation or remission of sentence, 161 JUDGMENTS, of Consular Courts proof of, 88 proof of, in Consular Courts, 88 consular recognition of British, 361 foreign, 261 grant of, involves exercise of legislative power, 77 exercise of, 164 as regards foreigners, 171 an infringement of sovereignity even by consent of parties, 177, 184 JUDICIAL SEPARATION, consular decree for, 142 JURISDICTION, under the Act includes power, 10 area within which it is exercised, 11 delegated exercise of, in other parts of the Empire, 16 analogy between, and extradition, 19 necessity for enabling Act, 20 the doubts which the Act of 1843 removed, 21 direct legislation for, 26 relation of Parliament to, 18 relation of the Courts to, 28 by sufferance, 39 under most-favoured-nation clause, 45 not justified, may be questioned by suitor, 45 exerciseable in civilised countries, 72 threefold nature of, 75 general legislation for, 154 Neutrality Orders in Council for, 155 interpretation of clauses, 168 examination of clauses, 170 foreign communities independently treated, 172 over subjects of another country, 176 essentially territorial, 189 extra-territorial exercise of, how far justified, 188 "extent of," definition, 201 "in aid" of foreign Consular Court, 204. colonial Court, 204 judgments, 204 not necessarily constituted as in England, 78 number of, in lunacy inquisition, 147 KASHGAR AND YARKUND, jurisdiction of Courts in, 166 KOWLOON, former jurisdiction of Hong Kong Courts as to offences in, 60 |