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BRITISH ORDER IN COUNCIL, modifying certain requirements of the Marriage Acts as regards certain Marriages to be solemnized at St. Petersburgh.-Windsor, May 9, 1891.*

At the Court at Windsor, the 9th day of May, 1891.

PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY.

6.

Lord President.

Lord Steward.

Earl of Coventry.

WHEREAS by The Marriage Act, 1890,"+ power is given to Her Majesty the Queen by Order in Council to make regulations, among other matter:

"Modifying in special cases or classes of cases the requirements of the Consular Marriage Acts and this Act as to residence and notice, so far as such modification appears to Her Majesty to be consistent with the observance of due precautions against the solemnization of clandestine marriages;"

And whereas necessity has been shown for modifying the requirements of the Consular Marriage Acts and "The Marriage Act, 1890," as to residence and notice in the cases of certain marriages which are about to be solemnized at St. Petersburgh within the house of Her Majesty's Ambassador at that place as defined by "The Foreign Marriages Order in Council, 1890," one or both of the parties to which marriages respectively are British subjects or a British subject;

And whereas such modifications appear to Her Majesty to be consistent with the observance of due precautions against the solemnization of clandestine marriages;

*London Gazette," May 12, 1891.

+ Vol. LXXXII, page 648.

Vol. LXXXII, page 652.

And whereas the said parties to the said intended marriages nave not yet complied, and may be unable wholly to comply, with the requirements of the said Acts as to residence and notice:

Now, therefore, Her Majesty, by and with the advice of her Privy Council, and by virtue of the power vested in Her Majesty by The Marriage Act, 1890," is pleased to order, and it is hereby ordered, as follows:

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The requirements of the Consular Marriage Acts and "The Marriage Act, 1890," as to residence and notice, are hereby modified so that the said requirements shall be dispensed with as regards any parties or party to any marriage which may be celebrated at St. Petersburgh as aforesaid between the date of this Order and the 9th August, 1891, to the extent to which such parties or party shall at the date of such marriage have been unable to comply with them.

And the Right Honourable the Marquess of Salisbury, K.G., Her Majesty's Secretary of State for Foreign Affairs, is to give the necessary direction herein.

C. L. PEEL.

BRITISH ORDER IN COUNCIL, respecting the Appointment of Assessors in causes pending before Ottoman Tribunals.Windsor, November 24, 1891.

At the Court at Windsor, the 24th day of November, 1891.

PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY.

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WHEREAS by Treaty, Capitulation, Grant, usage, sufferance, and other lawful means, Her Majesty has power and jurisdiction within the Ottoman dominions;

And whereas, by the like means, and by international agreement and usage in causes or matters pending before Ottoman Tribunals in which British subjects are parties, Assessors are or may be appointed, and it is expedient to make provisions for regulating the appointment of such Assessors;

Now, therefore, Her Majesty, by virtue and in exercise of the

powers in this behalf, by the Foreign Jurisdiction Acts* or 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 shall be construed as one with the Order in Council dated the 12th December, 1873,† relating to the Ottoman dominions, herein referred to as the Principal Order, and may be cited as "The Ottoman Tribunals Order in Council, 1891." The expression "prescribed" means prescribed by any rules or regulations to be made under the authority of this Order.

2. It shall be lawful for the Consul-General, or other person for the time being acting as the principal Judge of the Supreme Court at Constantinople, from time to time, to make regulations respecting the qualification, selection, appointment, registration attendance, and remuneration of Assessors in cases in which British subjects, or British-protected persons are parties, before any Ottoman Tribunal of Commerce, Ottoman Civil Tribunal, or Ottoman Maritime Court, or other Ottoman Tribunal, and respecting the establishment in any part of the Ottoman dominions, and the regulation of a fund, hereinafter called an Assessors' Fund, for the remuneration of Assessors before any Ottoman Tribunals in such part of the Ottoman dominions.

Such regulations may provide for compelling the service of any qualified person, and may prescribe penalties for neglect or refusal without reasonable excuse to serve in accordance with the terms of such regulations. Such penalties shall not exceed the equivalent of 51. in respect of any one day.

Any such penalties shall be recoverable in the prescribed Court as a civil debt by the prescribed person, and shall be carried to the Assessors' Fund.

Any such regulations shall not have effect until approved by a Secretary of State, and shall from time to time be amended or rescinded as he directs.

3. Subject to, and as prescribed by any such regulations, a fund for the remuneration of the Assessors may be formed as follows:

(1.) Every person requiring the attendance of one or more Assessors may be required to pay in advance such fee or fees as the regulations direct.

(2.) The prescribed Judge or officer may, out of any moneys in his hands arising from fees of Court or other fees, cr moneys received under the principal Order, advance or pay the amount of the salary or remuneration of an Assessor.

*See "Foreign Jurisdiction Act, 1890." Vol. LXXXII,

+ Vol. LXIII, page 59.

page 656.

(3.) The prescribed Judge or officer shall from time to time account for all receipts and payments in respect of the Assessors' Fund in such a manner as the Secretary of State from time to time directs.

And the Most Honourable the Marquess of Salisbury, K.G., Her Majesty's Principal Secretary of State for Foreign Affairs, is to give the necessary directions herein.

C. L. PEEL.

REGULATIONS respecting Assessors before Ottoman Tribunals, made pursuant to "The Ottoman Tribunals Order in Council, 1891."

[Approved by Her Majesty's Secretary of State for Foreign Affairs, December 2, 1891.]

1. In these Regulations the "Judge " means Her Majesty's Consul-General and Judge of the Supreme Court at Constantinople, or the Consul-General or other Consular officer having power to hold a Consular Court in the Ottoman dominions elsewhere than at Constantinople.

"District" means the district for which the Judge holds a Court.

"Month" means calendar month.

2. An Assessor shall be a competent and impartial British subject of good repute, resident in the district of the particular Court, and acquainted with the French or Turkish language.

3. A list of persons qualified as aforesaid shall, from time to time, as may be necessary, be prepared in and for every district by the Judge thereof.

4. The Judge shall, from time to time, as occasion may require, select by lot a sufficient number of the persons included in the said

list as the persons liable to serve under these Regulations, and shall give to the selected persons notice in writing of their selection, and may, for cause appearing to him sufficient, excuse any person so selected and select in lieu of such person another person in like manner. The names and addresses of the selected persons shall be kept, in writing, in the order in which their names are drawn, with a statement of the dates at which their names were respectively drawn. A person so selected, and not excused, shall be liable to serve during six months from the time of his selection, and shall

* Page 109.

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