On taxation of any bill of costs, for every ten folios, from each party to the taxation On every deposition taken before trial £ s. d. 050 0 10 0 (2 per cent. On deposit of money other than money paid into Court in a suit. For filing any document whatever For certifying signature or seal For attendance at a sale Where the purchase-money is under 1007. . Where 1001. or upwards. Miscellaneous-continued. For certified copy of document in the archives For first 100 words For every further 100 words For preparing contracts between travellers and Dragomans or other persons For certified copy of such documents For first 100 words. For every further 100 words 0 10 0 026 01 0 0 10 0 For communication in writing to a foreign Consulate, or through Dragoman, to local Ottoman authority For application for Viziral letter For despatch to accompany same For attendance of Dragoman or other Consular Officer at Ottoman office or tribunal For attendance of Dragoman or Interpreter at Consular Court if required Court directs, not by a party in a suit exceeding 3 per diem. Criminal Matters. On every summons or warrant, unless specially directed by the Court to be issued 020 026 016 0 1 0 026 On trial with a jury On record of sentence on a trial with a jury 0 10 0 APPENDIX No. 3, page 3. BRITISH ORDER in COUNCIL for the better REGULATION of BRITISH CONSULAR JURISDICTION in the OTTOMAN DOMINIONS.-Windsor, May 3, 1882. At the Court at Windsor, the 3rd day of May, 1882. PRESENT: The Queen's Most Excellent Majesty in Council. WHEREAS by Treaty, capitulation, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction in relation to Her Majesty's subjects and others in the Ottoman dominions : Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Acts, 1843 to 1878," or otherwise, in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: Short Titles. 1. (a) This Order may be cited as "The Ottoman Order in Council, 1882." (b) The Order in Council made at Windsor, the 12th day of December, 1873, for the regulation of Consular jurisdiction in the Ottoman dominions, may be cited as "The Ottoman Order in Council, 1873." (c) That Order and this Order may be cited together as "The Ottoman Orders in Council, 1873 and 1882." Commencement. 2. This Order shall commence and have effect from and immediately after the 31st day of May, 1882. 3. In this Order Interpretation. "Her Majesty's Ambassador" includes Her Majesty's Chargé de Affaires or other chief diplomatic representative in the Ottoman dominions for the time being. "Administration" means letters of administration, including the same with will annexed, or granted for special or limited purposes. "Ship" includes any vessel used in navigation, howsoever propelled, with her tackle, furniture, and apparel, and any boat or other craft. "Ottoman waters" means the territorial waters of the Ottoman domi nions. * See Vol. 14, page 557. Other words have the same meaning as in "The Ottoman Order in Council, 1873." Repeal. 4. The following parts of "The Ottoman Order in Council, 1873," are hereby repealed: (a) Article 11.-The last two paragraphs. (b) Article 12.-The last paragraph. (c) Article 13.-The words "and for that purpose shall have the like jurisdiction and authority as the Assistant Judge." (d) Article 93. (e) Article 266.-In the first paragraph the words "the Judge of," and the last paragraph. Assistant Judge of Supreme Court. 5. (a) The Assistant Judge of the Supreme Court shall be, at the time of his appointment, a member of the Bar of England, Scotland or Ireland, of seven years' standing. (6) The Assistant Judge shall hear and determine such causes and matters, civil and criminal, and transact such other business of the Supreme Court, as the Judge of the Supreme Court from time to time, by general order or otherwise, directs. (c) For that purpose the Assistant Judge shall have all the like jurisdiction, power, and authority as the Judge. (d) Any party to a civil suit or proceeding, wherein any matter or question is heard and determined by the Assistant Judge, and any party to a criminal proceeding, other than a proceeding by summary trial, wherein any question of law is heard and determined by the Assistant Judge, shall be entitled, as of course, to a re-hearing of the matter or question aforesaid before the Judge, sitting with the Assistant Judge, or, in the unavoidable absence of the Assistant Judge, alone, provided that an application for the re-hearing be made within three days after the day of the decision of the Assistant Judge. (e) If, on such hearing, there is a difference of opinion between the Judge and the Assistant Judge, the opinion of the Judge shall prevail. Acting Judge or Actiny Assistant Judge of Supreme Court. 6. In case of the death or illness, or the absence or intended absence from the district of the Consulate-General of Constantinople, of the Judge or Assistant Judge of the Supreme Court, Her Majesty's Ambassador may appoint a fit person to be the Acting Judge or to be the Acting Assistant Judge, as the case may require; but, unless in any case the Secretary of State otherwise directs, the Assistant Judge, if present and able to act, shall always be appointed to be the Acting Judge. Offences on Boardship. 7. Section 11 of "The Merchant Shipping Act, 1867,"* is hereby extended to the Ottoman dominions, with such adaptations and modifications that the same will, as regards those dominions, read as follows (namely) :— If in the Mediterranean Sea or the Sea of Azoff, or if in the Adriatic, Ægean, or Black Sea, out of Ottoman waters, a British subject commits an offence on board a British ship, or on board a foreign ship to which he does not belong, the Supreme Court, sitting within the district of the ConsulateGeneral of Constantinople, shall have jurisdiction to hear and determine the case as if the offence had been committed on board a British ship in Ottoman waters; and the Supreme Court may exercise that jurisdiction accordingly if in any case the Court in its discretion, having regard to all the circumstances, thinks it fit and expedient so to do. Detention of Ship. 8. Where the Supreme Court issues a summons or warrant against any person on a charge of an offence committed on board of, or in relation to, a British ship, then, if it appears to the Court that the interests of public justice so require, the Supreme Court may issue a warrant or order for the detention of the ship, being within the district of the Consulate-General of Constantinople, and may cause the ship to be detained accordingly, until the charge is heard and determined, and the order of the Court thereon is fully executed, or for such shorter time as the Court thinks fit; and the Supreme Court shall have power to make, from time to time, all such orders as appear to it necessary or proper for carrying this provision into effect. Offences partly out of Jurisdiction. 9. "The Admiralty Offences Colonial Act, 1860,"† is hereby extended to the Ottoman dominions, with such adaptations and modifications that the same will, as regards those dominions and the jurisdiction of the Court, read as follows (namely): where a person, being feloniously stricken, poisoned, or otherwise hurt, in the Ottoman dominions, dies of such stroke, poisoning, or hurt on the sea, or out of the Ottoman dominions, then every offence committed in respect of any such case, whether amounting to murder or manslaughter, or to the being accessory before the fact to murder, or after the fact to murder or to manslaughter, may be dealt with, inquired of, tried, determined and punished in the Ottoman dominions in all respects as if such offence had been wholly committed in the Ottoman dominions. Fugitive Offenders. 10. "The Fugitive Offenders Act, 1881," except Part II thereof, or so much thereof except that part as is for the time being in force, and any enactment for the time being in force amending or substituted for the same, * 30 and 31 Vict., c. 124. See Vol. 14, page 704. *23 and 24 Vict., c. 122. See Vol. II., page 266. 45 and 46 Vict., c. 69. See page 635. |