Merchant Shipping Act, 1894 "* (hereinafter called the Principal Act), relating to life-saving appliances shall, after the appointed day, apply to all foreign ships while they are within any port of the United Kingdom as they apply to British ships. Provided that His Majesty may by Order in Council direct that those provisions shall not apply to any ship of a foreign country in which the provisions in force relating to lifesaving appliances appear to His Majesty to be as effective as the provisions of Part V of the Principal Act, on proof that those provisions are complied with in the case of that ship: And whereas by Section 5 of the said Act it is provided that the said appointed day shall be the 1st day of January, 1909, or such other day not being more than twelve months later, as the Board of Trade may appoint: And whereas the Board of Trade have appointed the 1st day of October, 1909, to be the day after which the provisions of the Principal Act relating to life-saving appliances should apply to all foreign ships while they are within any port of the United Kingdom as they apply to British ships: And whereas it appears to His Majesty that the provisions in force in the Netherlands relating to life-saving appliances are as effective as the provisions of Part V of the Principal Act: Now, therefore, His Majesty, by and with the advice of His Privy Council, is pleased to direct that the provisions of Sections 427 to 431 of the Principal Act shall not apply to any ship of the Netherlands while within any port of the United Kingdom, if it is proved that the aforesaid provisions in force in the Netherlands relating to life-saving appliances are complied with in the case of that ship. ALMERIC FITZROY. BRITISH ORDER IN COUNCIL amending "The Cyprus Courts of Justice Order, 1882," in regard to Claims against Government.-London, June 11, 1910. At the Court at St. James's, the 11th day of June, 1910. PRESENT: THE KING'S MOST EXCELLENT MAJESTY. His Royal Highness Prince Arthur of Connaught. Master of the Horse. Earl of Aberdeen. Earl of Selborne. Earl Carrington. Lord Chamberlain. Lord Knollys. Sir William Carington. Sir Arthur Bigge. WHEREAS by Treaty, grant, usage, sufferance, and other lawful means, His Majesty the King has power and jurisdiction, in and over Cyprus : * Vol. LXXXVI, page 633. And whereas Her late Majesty Queen Victoria, on the 30th day of November, 1882, made an Order in Council entitled "The Cyprus Courts of Justice Order, 1882": * And whereas it is expedient to amend the same: Now, therefore, His Majesty by virtue of the powers in this behalf by "The Foreign Jurisdiction Act, 1890,"t or otherwise in His Majesty vested, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered as follows: Short Title. 1. This Order may be cited as "The Cyprus Courts of Justice Amendment Order, 1910," and, where not inconsistent therewith, shall be read as one with "The Cyprus Courts of Justice Order, 1882," "The Cyprus Courts of Justice Amendment Order, 1902," "The Cyprus Courts of Justice Amendment Order, 1908," and "The Cyprus Courts of Justice Amendment Order, 1909." Substitution of New Clause for Clause 44 of "The Cyprus Courts of Justice Order, 1882." 2. Clause 44 of "The Cyprus Courts of Justice Order, 1882," is hereby revoked, but without prejudice to anything lawfully done thereunder, and the said Order shall henceforth be construed and take effect as if, instead of the said Clause 44, the following Clause had been inserted therein Claims against Government. 44.-(a.) No claim of any kind whatsoever, and whether by way of original claim, counterclaim, set-off, or otherwise, against the Government of Cyprus shall be entertained in any Court unless it be a claim of the same nature as claims which may be preferred against the Crown in England, under the provisions of the Act, 23 & 24 Vict., c. 34, intituled "The Petitions of Right Act, 1860." (b.) No claim which may otherwise lawfully be made against the Government of Cyprus shall be entertained in any Court unless the claimant shall have obtained the written consent of the High Commissioner authorizing such claimant to bring an action in such form and subject to such qualifications as the High Commissioner in respect of such claim may direct, in manner hereinafter provided. (c.) Every claim which may otherwise lawfully be made against the Government of Cyprus shall, if and after the claimant shall have obtained the consent of the High Com * Vol. LXXIV, page 972. Vol. XCV, page 659. § Vol. CI, page 83. missioner in manner herein before determined, be preferred before the president of a District Court in an action instituted by the claimant as plaintiff against the King's Advocate as defendant. (d.) In any such action an appeal shall lie from the decision of a president of a District Court to the Supreme Court. (f) In any such action and in any such appeal the president of a District Court or the Supreme Court respectively shall apply the law in manner following, that is to say: (1.) In any such action relating to immovable property, Ottoman Law as modified by Cyprus Statute Law shall be applied. (2.) In any such action not relating to immovable property, English Law as modified by Cyprus Statute Law shall be applied. (3.) In any such action the Government of Cyprus shall be entitled to claim all or any prerogative rights, limitation of liability, and exemption from rules of procedure which could either be claimed by the Crown upon the trial of a petition of right in England, or by the Ottoman Government upon the hearing of a civil action brought by a subject against the Ottoman Government in Turkey. (4.) For the purposes of this sub-section the term "English Law' means the Common Law, Rules of Equity, and Statutes of general application in force in England. (5.) Nothing in this sub-section shall be held to render legally invalid any administrative act of the Cyprus Government effected under the provisions of any part of the Ottoman Nizam Law, or to prevent the president of a District Court or the Supreme Court from construing the effect of any such portion of such law as may be necessary for a proper decision of any action brought under the provisions of this Clause. Date of coming into Operation. 3. This Order shall come into effect on and from a day to be appointed in that behalf by the High Commissioner which shall be notified by proclamation to be published in the "Cyprus Gazette."* ALMERIC FITZROY. BRITISH ORDER IN COUNCIL amending the Tables of Consular Fees.-London, June 11, 1910.† At the Court at St. James's, the 11th day of June, 1910. PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS, by "The Consular Salaries and Fees Act, 1891,"‡ His Majesty the King is authorized by Order in Council to fix * The Order was brought into operation, August 1, 1910, by Prociamation dated July 18, 1910. Vol. LXXXIII, page 132. "London Gazette," June 17, 1910. [1909-10. CII.] M the fees to be taken in respect of any matter or thing done by a consular officer in the execution of his office, and to vary such fees by way of increase or decrease, and to abolish fees and to create new fees: And whereas it is expedient that the tables of fees, as now fixed by "The Consular Fees (General) Order in Council, 1906,"* "The China and Corea (Consular and Marriage Fees) Order in Council, 1906," and "The Japan (Consular and Marriage Fees) Order in Council, 1906," should in certain respects be amended: Now, therefore, in pursuance of the before-mentioned Act His Majesty is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, as follows:- 1. This Order may be cited as "The Consular Fees (Amendment) Order in Council, 1910." 2. The following fee is hereby established, and shall be deemed to be added to Part II of the tables of fees respectively annexed to "The Consular Fees (General) Order in Council, 1906," "The China and Corea (Consular and Marriage Fees) Order in Council, 1906," and "The Japan (Consular and Marriage Fees) Order in Council, 1906": "45A. For certifying the engagement, or discharge of, or the leaving behind of or for certifying any alteration in the agreement made under Section 115 of The Indian Merchant Shipping Act, 1859,' with a lascar seaman by the master of a foreign ship, or for certifying the death of or the desertion of his ship by any such seaman, 2s. "45B. For certifying the transfer of one or more lascar seamen with their agreements from one foreign ship to another foreign ship, per man, 48. "Note. The fee under 45B is inclusive of and not additional to the engagement and discharge fee in (A), and should be divided equally between the two ships concerned. The total maximum fee charged to both ships should not exceed 51." 3. In all copies of the Orders in Council referred to in the preceding Articles, which may be printed after the commencement of this Order, the fee directed by this Order to be added to the tables of fees annexed to the said Orders shall be added thereto. 4. This Order shall come into operation on the 1st day of September, 1910, or at such later date as in the case of any particular consular jurisdiction, or part thereof, one of His Majesty's Principal Secretaries of State, by any general or particular instructions, may from time to time direct. And the Right Honourable Sir Edward Grey, Baronet, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein. *Vol. XCIX, page 514 er เจม other nd to BRITISH ORDER IN COUNCIL amending "The China and Corea (Jurisdiction) Order in Council, 1904," in regard to Deportations and the Discipline of the Police.London, August 2, 1910.* At the Court at St. James's, the 2nd day of August, 1910. PRESENT: THE KING'S MOST EXCELLENT MAJESTY. Lord Denman. Lord Ashby St. Ledgers. WHEREAS by Treaty, grant, usage, sufferance, or other lawful means, His Majesty the King has jurisdiction within the dominions of the Emperor of China and of the Emperor of Corea: Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by The Foreign Jurisdiction Act, 1890,"† or otherwise in His Majesty vested, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, as follows: 1. This Order may be cited as "The China and Corea (Amendment) Order in Council. 1910," and shall be read as one with "The China and Corea Order in Council, 1904,"§ hereinafter referred to as the "Principal Order," and "The Principal Order, the China and Corea (Amendment) Order in Council, 1907," "The China and Corea (Amendment) Order in Council, 1909," and this Order may be cited together as "The China and Corea Orders in Council, 1904 to 1910." 2.-(1.) Where a British subject is sentenced to imprisonment for a term of not less than six months, the Court may, as part of the sentence, order that he be deported. (2.) Article 83, sub-articles 4 to 11, of the Principal Order, and Article 6 of "The China and Corea (Amendment) Order in Council, 1907," shall apply to deportations under this Article. 3. Where a person not belonging to Hong Kong is sentenced to imprisonment and deportation under Article 2, and is sent for imprisonment to Hong Kong, the Governor of Hong Kong shall, if lawfully empowered thereto, deport such person to the place to which he was ordered by the Court to be deported; and if not so empowered, the Governor shall cause such person to be sent back to Shanghae nt is issued by the Minister to the January 23, 1911, the China and Corea |