are hereby extended to the Ottoman dominions, with the adaptations following (namely) : (1) Her Majesty's Ambassador is hereby substituted for the Governor of a British possession; (II) The Supreme Court, or the Court for Egypt, or the Court for Tunis (as the case requires), is hereby substituted for a Superior Court in a British possession; (III) Each Court under "The Ottoman Order in Council, 1873," according to its jurisdiction, is substituted for a Magistrate of any part of Her Majesty's dominions. Coroner's Inquests. 11. (a) The Supreme Court shall, for and within the district of the Consulate-General of Constantinople, and the Court for Egypt shall, for and in Egypt, and the Court for Tunis shall, for and in Tunis, have and discharge all the powers, rights, and duties appertaining to the office of Coroner in England, in relation not only to deaths of British subjects happening in that respective district or country, but also to deaths of any persons having happened at sea on board British ships arriving in that respective district or country, and to deaths of British subjects having happened at sea ou board foreign ships so arriving. (b) Every inquest shall be held with a jury of not less than three persons comprised in the jury list of the Court summoned for that purpose. (c) If any person fails to attend according to such summons, he shall be liable to the like fine, to be levied in the like manner as is in "The Ottoman Order in Council, 1873," provided with respect to juries in civil and criminal proceedings. Jurisdiction as regards Embassy. 12. The Court shall not exercise any jurisdiction in any proceeding whatsoever over Her Majesty's Ambassador, or his official or other residences, or his official or other property; nor shall the Court, except with the consent of Her Majesty's Ambassador, signified in writing to the Court, exercise any jurisdiction in a civil action or proceeding over any person attached to, or being a member of Her Majesty's Embassy, or being a domestic servant of Her Majesty's Ambassador. Evidence. 13. If in any case it is made to appear to the Court that the attendance of Her Majesty's Ambassador, or of any person attached to, or being a member of, Her Majesty's Embassy, or being a domestic servant of Her Majesty's Ambassador, to give evidence before the Court, is requisite in the interest of justice, the Court shall address to Her Majesty's Ambassador a request in writing for such attendance. 14. A person attending to give evidence before the Court shall not be compellable to give any evidence or to produce any document if, in the opinion of Her Majesty's Ambassador, signified by him personally or in writing to the Court, the giving or production thereof would be injurious to Her Majesty's service. 15. Sections 7 and 11 of "The Evidence Act, 1851,"* are hereby extended to the Ottoman dominions. 16. The following Acts (namely), "The Foreign Tribunals Evidence Act, 1856,"+"The Evidence by Commission Act, 1859," or so much thereof as is for the time being in force, and any enactment for the time being in force amending or substituted for the same, are hereby extended to the Ottoman dominions, with the adaptations following (namely) :— The Supreme Court, or the Court for Egypt, or the Court for Tunis (as the case requires) is hereby substituted for a Supreme Court in a colony. Ascertainment of Law. 17. The following Acts (namely): "The British Law Ascertainment Act, 1859,"§ "The Foreign Law Ascertainment Act, 1861," or so much thereof as is for the time being in force, and any enactment for the time being in force amending or substituted for the same, are hereby extended to the Ottoman dominions, with the adaptations following (namely): The Supreme Court, or the Court for Egypt, or the Court for Tunis (as the case requires), is hereby substituted for a Superior Court in a colony. Probate. 18. (a) Where probate, administration, or confirmation is granted in England, Ireland or Scotland, and therein, or by a memorandum thereon signed by an officer of the Court granting the same, the testator or intestate is stated to have died, domiciled in England, Ireland or Scotland (as the case may be), and the probate, administration, or confirmation is produced to, and a copy thereof is deposited with, the Supreme Court, the Court shall write thereon a certificate of that production and deposit; and thereupon, notwithstanding anything in "The Ottoman Order in Council, 1873," the probate, administration, or confirmation shall, with respect to the personal property in the Ottoman dominions of the testator or intestate, have the like effect as if he had been resident in those dominions at his death, and probate or administration to his personal property there had been granted by the Supreme Court. (b) Any person who, in reliance on an instrument purporting to be a probate, administration, or confirmation granted in England, Ireland or Scotland, and to bear such a certificate of the Supreme Court as in this Article prescribed, makes or permits any payment or transfer, in good faith, shall be, by virtue of this Order, indemnified and protected, in respect thereof, in the Ottoman dominions, notwithstanding anything affecting the validity of the probate, administration, or confirmation. (c) The following shall be the terms of the certificate of the Supreme Court in this Article prescribed (namely) :— This probate has [or these letters of administration have, or this confirmation has been produced to this Court, and a copy thereof has been deposited with this Court. 19. Section 51 of "The Conveyancing (Scotland) Act, 1874,"* and any enactment for the time being in force amending or substituted for the same, are hereby extended to the Ottoman dominions, with the adaptation following (namely): : The Supreme Court is hereby substituted for a Court of Probate in a colony. Recovery against Ships. 20. Where money ordered by the Court to be paid is due for seamen's wages, or is other money recoverable under the Merchant Shipping Acts or other law relating to ships, and the person ordered to pay is master or owner of a ship, and the money is not paid as ordered, the Court, in addition to other powers for compelling payment, shall have power to direct that the amount unpaid be levied by seizure and sale of that ship. Judicial Notice. 21. Judicial notice shall be taken of "The Ottoman Order in Council, 1873," and of the several Orders in Council amending the same, passed or to be passed, and of the Order, and of the appointment of all Judges, officers, and persons acting thereunder, and of their signatures, and of all seals used thereunder, and no proof thereof shall be necessary. And the Right Honourable the Earl Granville, one of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Treasury, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain. * 37 and 38 Vict., c. 94. C. L. PEEL. MASKAT. APPENDIX No. 4.-Page 41. 11 and 12 Vic., Cap. CXXVIII. An Act for carrying into effect the Agreement between HER MAJESTY and the IMAUM of MUSCAT for the more effectual suppression of the SLAVE TRADE, dated 15th September 1848. Whereas on the second day of October, in the year of our Lord one thousand eight hundred and forty-five, an agreement was concluded and signed at Zanzibar between Captain Atkins Hamerton, of Her Majesty's Royal Navy, on behalf of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Highness Seid Saeed Bin Sultan, the Imaum of Muscat, whereby it was agreed as follows: ARTICLE 1. His Highness the Sultan of Muscat hereby engages to prohibit, under the severest penalties, the export of slaves from his African dominions, and to issue orders to his officers to prevent and suppress such trade. ARTICLE 2. His Highness the Sultan of Muscat further engages to prohibit, under the severest penalties, the importation of slaves from any part of Africa into his possessions in Asia, and to use his utmost influence with all the Chiefs of Arabia, the Red Sea, and the Persian Gulf, in like manner to prevent the introduction of slaves from Africa into their respective territories. ARTICLE 3. His Highness the Sultan of Muscat grants to the ships of Her Majesty's Navy, as well as those of the East India Company, permission to seize and confiscate any vessels the property of His Highness or of his subjects carrying on slave trade, excepting such only as are engaged in the transport of slaves from one port to another of his own dominions in Africa, between the port of Lamoo to the north and its dependencies, the northern limit of which is the north point of Knyhoo Island in 1° 57' south latitude, and the port of Keelwa to the south and its dependencies, the southern limit of which is the Songa Manara or Pagoda Point in 9° 2' south latitude, including the Islands of Zanzibar, Pemba, and Monfea. ARTICLE 4. This agreement to commence and have effect from the first day of January one thousand eight hundred and forty-seven of the year of Christ, and the fifteenth day of the month of Mohurrum one thousand two hundred and sixty-three of the Hegira. Done at Zanzibar this second day of October, one thousand right hundred and forty-five of the year of Christ, and twenty-ninth day of Ramzan, one thousand two hundred and sixty-one of the Hegira. (Sd.) SEID SAEED BIN SULTAN, Imaum of Muscat. (Sd.) ATKINS HAMERTON, Captain, On behalf of Her Majesty the Queen of Great Power to Commanders of ships of war and of the East India Com pany to visit vessels belonging to subjects of the Imaum of Muscat, within certain limits, suspected of being engaged in the slave trade. And whereas it is expedient and necessary that effectual provision should be made for carrying into execution the provisions of the said agreement be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, that it shall be lawful for the Commander and other officers of Her Majesty's ships of war or of the East India Company to visit and detain in any seas, except within the limits exempted by the terms of the third Article of the said agreement, any merchant vessel belonging to the subjects of the Imaum of Muscat which shall, upon reasonable grounds, be suspected of being engaged in the export of slaves from the African dominions of the Imaum of Muscat, or the importation of slaves from any part of Africa into his possessions in Asia, excepting such only as are engaged in the transport of slaves from one port to another of his own dominions in Africa, between the port of Lamoo to the north and its dependencies, the northern limit of which is the north point of Knyhoo Island in 1° 57' south latitude, and the port of Keelwa to the south and its dependencies, the southern limit of which is the Songa Manara or Pagoda Point in 9° 2' south latitude, including the Islands of Zanzibar, Pemba, and Monfea, or any vessel fitted out for that purpose, and to send or carry away such vessel, together with its masters, sailors, passengers, slaves and cargo, for the purpose of such vessel being brought to adjudication as hereinafter mentioned. 2. And be it enacted, As to the trial of vessels engaged in the slave trade. that it shall be lawful for the High Court of Admiralty of England, and for all Courts of Vice-Admiralty in any dominions of Her Majesty beyond the seas, including those Courts. of Vice-Admiralty within the territories under the Government of the East India Company, to take cognisance of and try any such vessel which shall be detained or captured for the violation of the said agreement, and to condemn |