He shall also pay into the Court below a sum estimated by that Court to be the amount of the expense of the making-up and transmission to the Supreme Court of the record.

If security and payment are so given and made within fourteen days after application made, then and not otherwise the Court below shall (subject to the provisions of this Order) give leave to appeal.

In any other case the Court below may, if that Court thinks fit, give leave to appeal on like terms.

In any case the Supreme Court may give leave to appeal on such terms as that Court thinks just.

241. After six months from the date of an order, application for leave to appeal against it shall not be entertained by the Court below.

After twelve months from the date of an order, application for leave to appeal against it shall not be entertained by the Supreme Court.

242. Where leave to appeal is applied for by a person ordered to pay money, or do any other act, the Court below shall direct either that the decision to be appealed from be carried into execution, or that the execution thereof be suspended pending the appeal, as that Court thinks just.

If the Court directs the decision to be carried into execution, the person in whose favour it is given shall, before the execution of it, give security to the satisfaction of the Court for performance of such order as shall be made on appeal.

If the Court directs the execution of the decision to be suspended, the person against whom it is given shall, before an order or suspension is made, give security to the satisfaction of the Court for performance of such order as shall be made on appeal.

243. An appeal shall not lie from an order made without notice.

If any person thinks himself aggrieved by an order so made, he may apply to the Court below to vary or discharge it, and an appeal lies from the decision on that application.

244. An appeal from an order made at the hearing of a suit shall be made by petition.

Other appeals shall be made by motion.

2.-APPEALS BY PETITION.

245. In case of an appeal by petition, the appellant shall file his petitiou of appeal in the Court below within fourteen days after leave to appeal is given.

246. The petition shall contain an exposition of the appellant's case as supported by evidence already before the Court and by the record as it stands.

It shall set forth the grounds of appeal and the particulars in which the order appealed from is considered by the appellant to be erroneous or

defective, and shall pray that the order may be reserved or varied, and that the Supreme Court may make the particular order to which, on the record and evidence as it stands, the appellant conceives himself entitled, or such other order as the Court shall think just.

It may contain any matter by way of argument in support of the appeal. The petition of appeal shall be served on such persons as respondents as the Court below directs.

247. A respondent may, within fourteen days after service, file in the Court below an answer to the petition.

The answer shall contain an exposition of his case as supported by the evidence already before the Court and by the record as it stands.

It may contain any matter by way of argument against the appeal. Copies of the answer shall be furnished by the Court below to such persons as the Court thinks fit.

248. An objection to an appeal as being out of time, or on any ground other than on the merits, shall be substantially raised by the party desiring to rely thereon in and by his answer.

Where an answer is not filed, or such an objection is not raised in the answer, no such objection shall be admitted at the hearing of the appeal.

But the absence of an answer shall not preclude any person interested in supporting the order from supporting it on the merits at the hearing of the appeal.

249. On the expiration of the time for answering, the Court below shall, without receiving any further pleading in appeal, and without the application of any party, make up the record of appeal, which shall consist of the petition, answer, orders, and proceedings, a certified copy of all written and documentary evidence admitted or tendered, and the notes of the oral evidence, the petition of appeal, and the answer.

The several pieces shall be fastened together, consecutively numbered, and the whole shall be secured by the seal of the Court below, and be forthwith forwarded by that Court to the Supreme Court.

The Court below shall not, except for some special cause, take on itself the responsibility of the charge or of the transmission to the Supreme Court of original letters or documents produced in evidence. They shall be returned to the parties producing them, and they shall produce the originals if required by the Supreme Court, at or before the hearing of the appeal.

250. After the record of appeal is transmitted, until the appeal is disposed of, the Supreme Court shall be in possession of the whole suit as between the parties to the appeal.

Every application in the suit shall be made to the Supreme Court, and not to the Court below, but any application may be made through the Court below.

251. The Supreme Court shall, after receiving the record of appeal, fix a day for the hearing thereof, and shall give notice thereof through the Court

below to the parties to the appeal, such a day being fixed as will allow of the parties attending in person or by counsel or attorney, if they so desire.

But if all the several parties to an appeal appear in person at Constantinople or appoint persons there to represent them as their counsel or attorneys in the appeal and cause the appearance or appointment to be notified to the Supreme Court, the Court shall dispose of the appeal without giving notice through the Court below of the day fixed for the hearing thereof.

252. The Supreme Court may, if it thinks fit, require a party to an appeal to appear personally before it on the hearing of the appeal, or on any occasion pending the appeal.

253. It is not open, as of right, to a party to an appeal, to adduce new evidence in support of his original case, but a party may allege any facts essential to the issue that have come to his knowledge after the decision of the Court below, and may adduce evidence in support of his allegations.

The Supreme Court may, if it thinks fit, allow or require new evidence to be adduced.

254. The Supreme Court may, from time to time, make any order necessary for determining the real question in controversy in the appeal, and for that purpose may, as among the parties to the appeal, amend any defect or error in the record of appeal.

The Supreme Court may direct the Court below to inquire into and certify its finding on any question as among those parties, or any of them, which the Supreme Court thinks fit to determine before final judgment in the appeal.

Generally, the Supreme Court shall, as among the parties to the appeal, have as full jurisdiction over the whole suit as if had been generally instituted and prosecuted in the Supreme Court by parties subject to the ordinary original jurisdiction of the Supreme Court, and may re-hear the whole case, or may remit it to the Court below to be re-heard, or to be otherwise dealt with as the Supreme Court directs.

255. On appeal from a Court where trial with a jury can be had, if the Supreme Court thinks fit to direct a re-hearing, it may direct that the re-hearing shall be with a jury.

3. APPEALS BY MOTION.

256. In case of an appeal by motion, the appellant shall file his appeal motion-paper in the Court below within seven days after leave to appeal is given.

He may at the same time file any argument which he desires to submit to the Supreme Court in support of the appeal.

The motion-paper and the argument (if any) shall be served on such persons as respondents as the Court below directs.

A respondent may, within seven days after service, file in the Court below such argument as he desires to submit to the Supreme Court against the appeal.

Copies thereof shall be furnished by the Court below to such persons as the Court thinks fit.

On the expiration of the time for the respondent filing his argument, the Court below shall make up the record of appeal as nearly as may be as on an appeal by petition.

Where (a party to the appeal notifies to the Supreme Court his desire to attend in person, or by counsel or attorney, when the motion is being disposed of, he shall be at liberty to do so, and the Court shall hear him, or his counsel or attorney, before disposing of the motion.

X.-APPEAL FROM SUPREME COURT TO HER MAJESTY IN COUNCIL.

257. Where in a civil suit or proceeding a final order of the Supreme Court, or a rule or order of that Court having the effect of a final or definitive judgment, decree, or sentence

(i) is made or given in respect of a sum of 500l. or upwards; or

(ii) determine, directly or indirectly, a claim or question respecting money, goods, or other property, or any civil right or other matter at issue, of the amount or value of 5007. or upwards;

any party aggrieved thereby may, within fifteen days after the same is made or given, apply by motion to the Supreme Court for leave to appeal to Her Majesty the Queen in Council.

The applicant shall give security to the satisfaction of the Court to an amount not exceeding 5007. for prosecution of the appeal, and for payment of all such costs as may be awarded to any respondent by Her Majesty in Council, or by the Lords of the Judicial Committee of Her Majesty's Privy Council.

He shall also pay into the Supreme Court a sum estimated by that Court to be the amount of the expense of the making-up and transmission to England of the transcript of the record.

If security and payment are so given and made within one month from the filing of the motion-paper for leave to appeal, then, and not otherwise, the Supreme Court shall give leave to appeal, and the appellant shall be at liberty to prefer and prosecute his appeal to Her Majesty in Council according to the rules for the time being in force respecting appeals to Her Majesty in Council from Her Colonies, or such other rules as Her Majesty in Council from time to time thinks fit to make concerning appeals from the Supreme Court.

In any case the Supreme Court, if it considers it just or expedient to do so, may give leave to appeal on the terms and in the manner aforesaid.

258. Where leave to appeal is applied for by a person ordered to pay money or do any other act, the Supreme Court shall direct either that the order appealed from be carried into execution, or that the execution thereof be suspended pending the appeal, as the Court thinks just.

If the Court directs the order to be carried into execution, the person in whose favour it is made shall, before the execution of it, give security to the

satisfaction of the Court for performance of such order as Her Majesty in Council may think fit to make.

If the Court directs the execution of the order to be suspended, the party against whom it is given shall, before an order for suspension is made, give security to the satisfaction of the Court for performance of such order as Her Majesty in Council may think fit to make.

259. This Order shall not affect the right of Her Majesty at any time, on the humble petition of a person aggrieved by a decision of the Supreme Court, to admit his appeal thereon on such terms and in such manner as Her Majesty in Council may think fit, and to deal with the decision appealed from in such manner as may be just.

XI.—CRIMINAL AUTHORITY AND PROCEdure.

1.-GENERAL PROVISIONS.

260. Except as regards offences against the Capitulations, Articles of Peace, and Treaties between Her Majesty the Queen and the Sublime Ottoman Porte, or against any Rules and Regulations for the observance thereof or for the maintenance of order among Her Majesty's subjects and protected persons in the Ottoman dominions made by or under the authority of Her Majesty, or against any of the provisions of this Order,

Any act done by a subject or protected person in the Ottoman dominions, or on board a British vessel within those dominions, that would not by a Court of justice having criminal jurisdiction in England be deemed a crime or offence making the person doing the act amenable to punishment in England, shall not, in the exercise of criminal jurisdiction under this Order, be deemed a crime or offence, making the person doing the act amenable to punishment.

261. If a subject or protected person is guilty

(i) of publicly deriding, mocking, or insulting any religion established or observed within the Ottoman dominions; or

(ii) of publicly offering insult to any religious service, feast, or ceremony established or kept in any part of those dominions, or to any place of worship, tomb, or sanctuary belonging to any religion established or observed within those dominions, or belonging to the ministers or professors thereof; or

(iii) of publicly and wilfully committing any act tending to bring any religion established or observed within those dominions, or its cere

monies, mode of worship, or observances, into hatred, ridicule, or contempt, and thereby to provoke a breach of the public peace: he shall be deemed guilty of an offence against this Order, and shall for every such offence be liable, in the discretion of the Court, to imprisonment for not more than two years, with or without hard labour, and with or without a fine of not more than 1007., or to a fine of not more than 1007. alone.