any such Order, were therein referred to, in addition to any Act of Parliament.

138. (1.) The Supreme Court may, if it thinks fit, order that a Commission do issue for examination of witnesses at any place out of the Ottoman dominions, on oath, by interrogatories or otherwise, and may, by order, give such directions touching the time, place, and manner of the examination, or anything connected therewith, as to the Court appear reasonable and just.

(2.) During the absence from Egypt of a judge of the Supreme Court, the jurisdiction of the Supreme Court under this Article shall, subject to any Rules of Court, be exercised in and for Egypt by the Provincial Court at Alexandria.

PART VI.-OTTOMAN AND FOREIGN SUBJECTS AND TRIBUNALS.

139.-(1.) Where an Ottoman subject or foreigner desires to institute or take in the Court an action against a British subject, or a British subject desires to institute or take in the Court an action against an Ottoman subject or foreigner, the Court shall entertain the same, and shall hear and determine it, either by the Court sitting alone or, if all parties desire, or the Court, having regard to its jurisdiction, thinks fit to direct a trial with a jury or Assessors, then with a jury or Assessors, but in all other respects according to the ordinary course of the Court.

(2.) Provided that the Ottoman subject or foreigner, if so required by the Court, first obtains and files in the Court the consent in writing of the competent authority on behalf of the Sublime Ottoman Porte or of his own nation (as the case may be) to his submitting, and does submit, to the jurisdiction of the Court, and, if required by the Court, give security to the satisfaction of the Court, and to such reasonable amount as the Court thinks fit,, by deposit or otherwise, to pay fees, damages, costs, and expenses, and abide by and perform such decision as shall be given by the Court or on appeal.

(3.) A cross-action shall not be brought in the Court against a plaintiff, being an Ottoman subject or foreigner who has submitted to the jurisdiction, by a defendant without leave of the Court first obtained, but the Court may, as a condition of entertaining the plaintiff's action, require his consent to any cross-action or matter of set-off being entertained by the Court.

(4.) The Court before giving leave may require proof from the defendant that his claim arises out of the matter in dispute, and that there is reasonable ground for it, and that it is not made for vexation or delay.

(5.) Nothing in this Article shall prevent the defendant from bringing in the Court any action against the Ottoman subject or foreigner after the termination of the action in which the Ottoman subject or foreigner is plaintiff.

(6.) Where an Ottoman subject or foreigner obtains in the [1909-10. CII.]

Q

Court an order against a defendant, being a British subject, and in another suit that defendant is plaintiff and the Ottoman subject or foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the order pending that other suit, and may set off any amount ordered to be paid by one party in one suit against any amount ordered to be paid by the other party in the other suit.

(7.) Where a plaintiff, being an Ottoman subject or foreigner, obtains an order in the Court against two or more defendants, being British subjects, jointly, and in another action one of them is plaintiff and the Ottoman subject or foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the order pending that other action, and may set off any amount ordered to be paid by one party in one action against any amount ordered to be paid by the other party in the other action, without prejudice to the right of the British subject to require contribution from his co-defendants under the joint liability.

(8.) Where an Ottoman subject or foreigner is co-plaintiff in a suit with a British subject who is within the particular jurisdiction, it shall not be necessary for the Ottoman subject or foreigner to give security for costs unless the Court so directs, but the co-plaintiff British subject shall be responsible for all fees and costs.

140.-(1.) Where it is proved that the attendance within the particular jurisdiction of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required in a Court or before a judicial officer of the Sublime Ottoman Porte, or of a State in amity with His Majesty, the Court may, if it thinks fit, in a case and in circumstances in which the Court would require his attendance before the Court, order that he do attend in such Court, or before such judicial officer, and for such purpose as aforesaid.

(2.) A Provincial Court, however, cannot so order attendance at any place beyond its particular jurisdiction.

(3.) If the person ordered to attend, having reasonable notice of the time and place at which he is required to attend, fails to attend accordingly, and does not excuse his failure to the satisfaction of the Court, he shall (independently of any other liability) be guilty of an offence against this Order.

141. When a British subject invokes or submits to the jurisdiction of an Ottoman or foreign Tribunal, and engages in writing to abide by the decision of such Tribunal, or to pay any fees or expenses ordered by such Tribunal to be paid by him, any Court under this Order may, on such evidence as it thinks fit to require, enforce payment of such fees and expenses in the same manner as if they were fees payable in a proceeding by such person in that Court, and shall pay over or account for the same when levied to the proper Ottoman or foreign authority, as the Court may direct.

142.-(1.) The Court may upon. the application of any

British subject or foreigner who has obtained a judgment or order for the recovery or payment of money in a foreign Court in the Ottoman dominions against a person subject to the jurisdiction of that Court, and upon a certificate by the proper officer of the foreign Court that such judgment has been recovered or order made (specifying the amount), and that it is still unsatisfied, and that a British subject is alleged to be indebted to such debtor and is within the jurisdiction, order that all debts owing or accruing from such British subject (hereinafter called the garnishee) to such debtor shall be attached to answer the judgment or order, and, by the same or a subsequent order, may order the garnishee to pay his debt or so much as may be sufficient to satisfy the judgment or order of the foreign Court.

(2.) The proceedings for the summoning of the garnishee, for the ascertainment of his liability, and for the payment of money ordered by the Court to be paid, and all matters for giving effect to this Article, may be regulated by Rules of Court.

(3.) An order shall not be made under this Article unless the Court is satisfied that the foreign Court is authorized to exercise similar powers in the case of a debt due from a person subject to the jurisdiction of that Court to a British subject against whom a judgment has been obtained in a Court established under this Order.

143-(1.) Subject to the Rules, persons competent to be Assessors in any Court under this Order may be required to attend as Assessors in cases in which British subjects are parties before any Ottoman Tribunal.

(2.) Any Rules made by the Supreme Court in pursuance and in accordance with the provisions of this Order may comprise Rules respecting the qualification, selection, appointment, registration, attendance, and remuneration of Assessors in such cases as aforesaid, and respecting the establishment in any part of the Ottoman dominions and the regulation of a fund, hereinafter called an Assessors' Fund, for the remuneration of Assessors before any Ottoman Tribunals in such part of the Ottoman dominions.

(3.) Such Rules may provide for compelling the service of any qualified person, and may prescribe penalties for neglect or refusal, without reasonable excuse, to serve in accordance with the terms of such Regulations. Such penalties shall not exceed the equivalent of 51. in respect of any one day.

(4.) Any such penalties shall be recoverable in the Court as a civil debt by any Consular officer, and shall be carried to the Assessors' Fund.

(5.) Every person requiring the attendance of one or more Assessors may be required to pay in advance such fee or fees as the Bules direct.

(6.) The Gon." from fees of T

any moneys in its hands arising

or moneys received under this

)

Order, advance or pay the amount of the salary or remuneration of an Assessor.

(7.) The Court shall account for all receipts and payments in respect of the Assessors' Fund in such manner as the Secretary of State directs.

PART VII.-MISCELLANEOUS.

144.-(1.) The Ambassador shall, with reference to the Ottoman dominions other than Egypt, have power to make Regulations (to be called King's Regulations) for the following purposes, that is to say :

(a.) For the peace, order, and good government of British subjects in the Ottoman dominions in relation to matters not provided for by this Order.

(b.) For securing the observance of any Treaty for the time being in force relating to any place in the Ottoman dominions, or of any local law or custom, whether relating to trade, commerce, revenue, or any other matter.

(c.) For preventing the importation or exportation in British ships or by British subjects of any munitions of war, or any parts or ingredients thereof, and for giving effect to any Treaty relating to the importation or exportation of the same.

(d.) For requiring returns to be made of the nature, quantity, and value of articles exported from or imported into his district, or any part thereof, by or on account of any British subject who is subject to this Order, or in any British ship and for prescribing the times and manner at or in which, and the persons by whom, such returns are to be made.

(2.) Any Regulations made under this Article may provide for forfeiture of any goods, receptacles, or things in relation to which, or to the contents of which, any breach is committed of such Regulations, or of any Treaty or any local law or custom the observance of which is provided for by such Regulations.

(3.) Any person committing a breach of any such Regulations shall, on conviction, be liable to the punishment, forfeiture, or fine therein prescribed, or, if no such punishment or fine is prescribed, he shall be liable, on conviction, to imprisonment with or without hard labour for a period not exceeding three months, or to a fine or both. Regulations imposing penalties shall be so framed as to allow in every case of part only of the highest penalty being imposed.

(4.) The Agent for Egypt shall, with reference to Egypt, have a like power to make King's Regulations.

145.-(1.) Regulations made under this Order shall not have effect unless and until they are approved by a Secretary of State, save that, in case of urgency declared in any such Regulations, the same shall take effect before that approval, and shall continue to have effect unless and until they are disapproved by a Secretary of State, and until notification of that disapproval has

been received and published by the Ambassador or by the Agent for Egypt respectively.

(2.) That approval, where given, shall be conclusive, and the validity or regularity of any Regulations so approved shall not be called in question in any legal proceeding whatever.

146.-(1.) All Regulations approved under this Order, whether imposing penalties or not, shall be printed, and a printed copy thereof shall be affixed, and be at all times kept exhibited conspicuously in the public office of each Consulate in the Ottoman dominions.

(2.) Printed copies of the Regulations shall be kept on,sale at such reasonable price as the Ambassador and the Agent for Egypt respectively from time to time direct.

(3.) A printed copy of any Regulations purporting to be made under this Order, and to be certified under the hand of the Ambassador or the Agent for Egypt respectively, or under the hand and Consular seal of one of His Majesty's Consular officers in the Ottoman dominions, shall be conclusive evidence of the due making of such Regulations.

147. The respective powers aforesaid extend to the making of Regulations for the governance, visitation, care, and superintendence of prisons in the Ottoman dominions, for the removal of prisoners from one prison to another, and for the infliction of corporal or other punishment on prisoners committing offences against the rules or discipline of a prison; but the provisions of this Order respecting penalties, and respecting the printing, affixing, exhibiting, and sale of Regulations, and the mode of trial of charges of offences against Regulations do not apply to Regulations respecting prisons and offences of prisoners.

148. Nothing in this Order shall deprive the Court of the right to observe, and to enforce the observance of, or shall deprive any person of the benefit of, any reasonable custom existing in the Ottoman dominions, unless this Order contains some express and specific provision incompatible with the observance thereof.

149. Nothing in this Order shall prevent any Consular officer in the Ottoman dominions from doing anything which His Majesty's Consuls in the dominions of any other State in amity with His Majesty are, for the time being, by law, usage, or sufferance, entitled or enabled to do.

150. (1.) His Majesty's Consuls in the Ottoman dominions may levy dues not exceeding the rate of 2d. a-ton on every British merchant-ship (a) visiting or passing Constantinople, or visiting any other port in a Consular district; or (b) being at any other place within the Consular district or Constantinople, and having occasion to send any seamen to the British hospital at Constantinople.

The produce of the said dues shall be applied towards the establishment, maintenance, and support in the Ottoman dominions of British hospitals; and the dues shall be called hospital dues.