ORDER IN COUNCIL-continued. extending Act to protected persons, 66 Foreign Jurisdiction countries in, 76 dealing with high sea offences, sanctioned, 86 power to make, under Fugitive Offenders Act, 105 Colonial Prisoners Removal Act, 109, 112 regulating procedure in slave trade offences, 114 authorising exercise of prize jurisdiction, 117 designating officers to act under Merchant Shipping Act, 125 as to neutrality, 155 ORDER IN COUNCIL OFFENCES, punishments for "offences," 129 "grave offences," 130 smuggling, 134 levying war, 134 piracy, 134 violation of treaties, 136 breach of International Regulations, 136 seditious conduct, 136 offences against religions, 137 contempts of Court, 137 negligence of officers, 138 extortion, 138 deportation as punishment for, 197 created to enforce respect for religions and other rights of oriental country, 197 ORIENTALS, acquisition of domicil by, in Europe, 221 OTTOMAN EMPIRE, see TURKEY. PACIFIC ISLANDERS PROTECTION ACT, gives no jurisdiction over land in islands, 11 saving of rights of tribes, 49 PACIFIC OCEAN, jurisdiction in islands in, 296 PARLIAMENT, cannot reverse decision of Courts, 14 does not combine omniscience with omnipotence, 22 relation of, to foreign jurisdiction, 18 authority over British subjects in oriental countries, 25 "may legislate for British subjects anywhere," 25 arrangement with King as to exercise of jurisdiction, 25 power of legislation in conquered colonies not ousted by prerogative, 25 limitations considered, 31 Orders in Council under Act to be laid before, 60 PATENTS ACTS, penal clauses of Act extended, 129, 132 subject to reciprocity, 129 effect of extension, 262, 265 how affected by general extension of civil law, 263 PERSIA, treaties, and most favoured nation treatment in, 46 "protected persons" in, 71 privileges in, depend on most-favoured-nation clause, 175 Bankruptcy jurisdiction article in, 205 subjects of in Europe, on footing of most-favoured-nation, 221 PERSIAN COASTS, definition of "British subject" in, 68 definition of in Order in Council, 286 PHOENIX ISLANDS, jurisdiction in, 296 PIRACY, jurisdiction over, in eastern seas, 66 by British subject, trial of, 134 warrant for conferring jurisdiction, 135 punishment of, by oriental States, 135 note on Kwok-a-Sing's case, as to offence jure gentium and by municipal law, 135 application of Acts, as to, 191 POLYGAMY, English marriage law not applicable to, 237 rule applicable to wives as well as husbands, 239, 247 recognition of marriage between members of the community, 244, 248 effect of partial recognition, 248 PORTS OF REGISTRY, consular, declaration of, 123 application of fees, 124 POST OFFICE (OFFENCES) ACTS, application of, 191 POWER, included in jurisdiction, 10 POWER OF ATTORNEY, deposit of, in office of Court, 152 PREROGATIVE, exercise of jurisdiction not within, 5 unfettered with regard to acquisition of rights or incurring obligations, 12 right of legislation for conquered colonies, 20 no right for occupied colonies, 20 no right in countries without regular governments, 20 does not oust legislation by Parliament in conquered colonies, 25 PRISON, regulations for, 160 powers of Judge as to approval, 160 of one country may be used by another, 197 PRIZE, jurisdiction under Naval Prize Act, 114, 117 subject to Order in Council, 117 of High Court, 117 with ally, 118 jurisdiction by law of nations, 119 production of consular, for completing title to estate in Scotland, 97 recognition of foreign, 245 consular jurisdiction in, 150 colonies, 150 small estates, 151 definitions of, in treaties, 70 application of rule of domicil to, 233 application of rule of domicil to, 233 of King does not extend to subjects in oriental country, 7 includes jurisdiction over natives, 9, of subject absent in exterritoriality, 183 exercise of jurisdiction in, included in “foreign jurisdiction,” 9, 75 Foreign Jurisdiction extends to, 72 provision of Foreign Jurisdiction Act as to, 62 REAL PROPERTY, to devolve as personalty (in China), 150 in respect of punishment of offences against Patents, &c., Icts, 129 enjoyment of rights by foreigners subject to, 266 by Consul, 168 REGIMENTAL DEBTS Act, extension of, 122 duties of committee of inspection, 123 of mortgages, 152 of bills of sale, 153 practice as to, 163 justification of, 164 penalty for failure to register, 164 breach of International, punishment, 136 approval by King, 160 approval by King, 160 offences against defined, punishment, 137 to law of England, 61 to treaty, 61 effect of, in bankruptcy jurisdiction, 210 definition of, 200 consular decree for, 142 infringed by deportation, 194 unauthorised assumption of, 132, 133 jurisdiction in, 276 jurisdiction in, 276 in Admiralty, 121 Sr. PETERSBURG, factory in, 174 domicil, 223 to re-captors of ship from enemy, 118 jurisdiction in, 296 petitions under Legitimacy Declaration Act by persons domiciled in, 143 native, included in exterritorial privilege under Turkish regulations, 71, 72 abandonment of exterritoriality in, 268, 277 SERVICE OUT OF THE JURISDICTION, in Consular Court, considered, 198, 201 in case of persons resident in oriental countries, 233 SETTLEMENT, meaning of term, 12 municipal control of, 12 regulations for government of, 160 SHIPS, see also MERCHANT SHIPPING ACT, jurisdiction over in eastern seas, 63 British subjects in, 65 jurisdiction as to claims for building, repairing, &c., 115 for damage by, 116 extent of jurisdiction as to, 192, 201 companies formed in China may own British, 268 SIAM, definition of British subject in, 68 registration of subjects in, 163 provisions as to extradition with, 195 bankruptcy jurisdiction article in, 206 SIERRA LEONE, offences in territories adjacent to, 16, 73 jurisdiction under Act of 1873, 114, 119 to be exercised subject to treaty, 119 jurisdiction and trial, 120 |
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