4.-(1.) The following Court shall have Admiralty jurisdiction in civil matters for and within the limits of the principal Orders respectively, and over vessels and persons coming within the same in the Ottoman dominions the Supreme Court, and during the absence from Egypt of a judge of the Supreme Court, and subject to any rules of Court, the Provincial Court at Alexandria; in China and Corea,* the Supreme Court; in Zanzibar, the Court for Zanzibar; in Siam, the Court for Siam; in Persia, the Court of the Consul-General for Fars and the coasts and islands of the Persian Gulf, whether held by the Consul-General or by the Judicial Assistant. (2.) Such jurisdiction shall be exercised in accordance with the provisions of this Order and of the principal Orders and of any rules of Court made under this Order. (3.) Such jurisdiction shall, subject to the provisions of this Order, be over the like places, persons, matters, and things, when within the limits of the principal Order, as the Admiralty jurisdiction of the High Court in England, whether existing by virtue of any statute or otherwise, and the Court may exercise such jurisdiction in like manner and to as full an extent as the High Court in England, and shall have the same regard as that Court to international law and the comity of nations. (4.) Any reference to a Vice-Admiralty Court which is contained in any Act of the Imperial Parliament, or in any law of a British possession applicable within the limits of the principal Order, shall be construed as a reference to the Court or Courts upon which Admiralty jurisdiction is conferred by this Order, and such Court shall have jurisdiction accordingly. Provided as follows: (a.) The Court shall not have any greater jurisdiction in relation to the laws and regulations relating to His Majesty's navy at sea, or under any Act providing for the discipline of His Majesty's navy, than may be from time to time conferred on such Court by Order in Council. (b.) Nothing in this Order shall be deemed to confer upon the Court jurisdiction in any prize cause or in any other matter within "The Naval Prize Act, 1864," or in any matter arising under any of the Acts for the suppression of the Slave Trade. 5. An action under this Order shall be tried by a judge sitting alone or with assessors appointed in the prescribed manner. 6.-(1.) Where Provincial Courts have been established by the principal Order, the judge may, by writing under his hand and the seal of the Court, order that the registry of a Provincial Court within the jurisdiction of a Court be a district registry of the Court for the purposes of this Order, and the Registrar and Marshal of the Provincial Court shall, within the jurisdiction of such Provincial Court, be the District Registrar and District By the Corea Order in Council of January 23, 1911, British extraterritorial jurisdiction was declared to have ceased from the date of annexation of Corea by Japan on August 29, 1910. Marshal of the Court, and may exercise within such jurisdiction all the prescribed functions and perform all the prescribed duties of the Registrar and Marshal of the Court. (2.) Where an action has been commenced in a district registry the judge may order that such action may be tried in the Provincial Court; but the making of any such Order shall not affect the power of the judge to remove the said action at any time to the Supreme Court. 7. In places where there is no district registry, the judge may direct that for the purposes of any particular matter or action "the powers of a District Registrar and Marshal may be exercised by the Provincial Court." 8. The territorial waters adjacent to the district of a Provincial Court shall for the purposes of this Order be deemed to be within the jurisdiction of such Provincial Court. 9. An appeal from any judgment of the Court, or of a Provincial Court, under this Order shall be subject to the provisions of the principal Order governing appeals in civil cases, and the Court having cognizance of such appeal shall, for the purpose thereof, possess all the jurisdiction conferred upon the Court by the principal Order or by this Order. 10. "The Colonial Courts of Admiralty Act, 1890," Section 6,* shall apply to appeals from the Court to His Majesty in Council as if the Court were a Colonial Court of Admiralty. 11. Rules of Court for the purposes of this Order shall be made by the same authority, and in the same manner and subject to the same approval, as Rules of Court made in virtue of the powers conferred by the principal Order. 12. The following Articles are hereby repealed: Article 100 of "The China and Corea Order in Council, 1904"; Article 29 of "The Zanzibar Order in Council, 1906"; Article 29 of "Persian Coast and Islands Order in Council, 1907"; Provided that (1.) Proceedings begun under any of the Articles repealed by this Order, and pending at the time when this Order comes in operation, shall, from and after that time, be regulated by the provisions of this Order, as far as the nature and circumstances of each case admit. (2.) The Rules of Court and Table of Fees and Costs in force under the repealed Articles shall continue in force until rules are made and have come into force under the provisions of this Order. 13. Nothing in this Order shall affect the criminal jurisdiction any Court established by the principal Order. 14. This Order shall not operate in Siam except to the xtent and in the cases where the provisions of the principal Order are in operation. 53 & 54 Vict., c. 27. Vol. LXXXII, page 672. And the Right Honourable Sir Edward Grey, Baronet, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein. ALMERIC FITZROY. BRITISH ORDER IN COUNCIL regulating British Jurisdiction in the Ottoman Dominions.-London, November 7, 1910.* At the Court at St. James's, the 7th day of November, 1910. PRESENT: THE KING'S MOST EXCELLENT MAJESTY. Lord President. Lord Privy Seal. WHEREAS, by Treaty, capitulation, grant, usage, sufferance and other lawful means, His Majesty the King has jurisdiction thin the dominions of the Sublime Ottoman Porte: Mr. Secretary Harcourt. Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Act, 1890,"† 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: PART I.-PRELIMINARY AND General. 1. This Order is divided into parts, as follows: Parte Subject. Articles. "London Gazette," November 18, 1910. 1-7 8-34 35-89 90-126 127-138 139-143 144-178 2. The limits of this Order are the dominions of the Sublime Ottoman Porte, but, as respects Egypt, do not extend to any place south of the 22nd parallel of north latitude; and the expressions "Ottoman Dominions" and "Egypt" shall, for the purposes of this Order, be construed accordingly. 3. In the construction of this Order the following words and expressions have the meanings hereby assigned to them, unless there be something in the subject or context repugnant thereto, that is to say : "Administration" means letters of administration, including the same with will annexed or granted for special or limited purposes or limited in duration. "Ambassador" means His Majesty's Ambassador, and includes Chargé d'Affaires or other chief Diplomatic Representative of His Majesty in the Ottoman dominions for the time being. 66 Agent for Egypt" means His Majesty's Agent and ConsulGeneral for Egypt, and includes any person temporarily appointed to act for that officer. "British ship" means a merchant ship being a British ship within the meaning of "The Merchant Shipping Act, 1894,"* and, except where the context otherwise requires, includes a ship belonging to any British subject as hereinafter defined. "British subject" includes a British-protected person. "Consular oflicer" means a Consul-General, Consul, ViceConsul, Consular Agent, or Pro-Consul of His Majesty resident in the Ottoman dominions, including a person acting temporarily, with the approval of the Secretary of State, as or for a ConsulGeneral, Consul, Vice-Consul, or Consular-Agent of His Majesty so resident, and (a.) "Commissioned Consular officer" means a Consular officer holding a commission of Consul-General, Consul, or ViceConsul from His Majesty, including a person acting temporarily, with the approval of the Secretary of State, as or for such a commissioned Consular officer; (b.) "Uncommissioned Consular officer" means a Consular officer not holding such a commission, including a person acting temporarily, with the approval of the Secretary of State, as or for such an uncommissioned Consular officer. "Consulate" and "Consular office" refer to the Consulate and office of a Consular officer. 66 The Court," except when the reference is to a particular Court, means any Court established under this Order, subject, however, to the provisions of this Order with respect to powers and local jurisdictions. "Foreigner" means a subject or citizen of a State in amity with His Majesty, other than the Sublime Ottoman Porte. "Judge in relation to any Court includes any person temporarily appointed to act as judge of that Court. "Legal practitioner" includes barrister-at-law, advocate, solicitor, writer to the signet, and any person possessing similar qualifications. "Master" with respect to any ship includes every person (except a pilot) having command or charge of that ship. "Month" means calendar month. * Vol. LXXXVI, page 633. And the Right Honourable Sir Edward Grey, Baronet, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein. ALMERIC FITZROY. BRITISH ORDER IN COUNCIL regulating British Jurisdiction in the Ottoman Dominions.-London, November 7, 1910.* At the Court at St. James's, the 7th day of November, 1910. PRESENT: THE KING'S MOST EXCELLENT MAJESTY. Lord President. Lord Privy Seal. Earl Beauchamp. Mr. Secretary Harcourt. Sir George Buchanan. WHEREAS, by Treaty, capitulation, grant, usage, sufferance and other lawful means, His Majesty the King has jurisdiction within the dominions of the Sublime Ottoman Porte: 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:: PART I.-PRELIMINARY AND GENERAL. 1. This Order is divided into parts, as follows: 2. The limits of this Order are the dominions of the Sublime Ottoman Porte, but, as respects Egypt, do not extend to any place south of the 22nd parallel of north latitude; and the expressions "Ottoman Dominions and "Egypt" shall, for the purposes of this Order, be construed accordingly. "London Gazette," November 18, 1910. + Vol. LXXXII, page 656. |