all his property, and, after paying certain preferential charges, wind up the estate; for this purpose the committee has "to the exclusion of all authorities and persons whomsoever, the same rights and powers as if they had taken out representation to the deceased". [ss. 1, 6 (5)]

The surplus is to be paid to a representative of the deceased if Duties of committee of inspection. there is one in the same part of the dominions: or in the absence of such a representative it is to be remitted to the Secretary of State to be disposed of in accordance with the further provisions of the Act. [s. 7]

An official administrator, notwithstanding any law regulating his office, is not to interfere in any manner in relation to the property of the deceased unless expressly required to do so. [s. 14]

Where the will of a person dying while subject to military law comes to the hands of the Secretary of State and representation is not taken out, he may cause it to be deposited in the place appointed in London for the deposit of wills, unless the domicil of the testator is in Scotland or Ireland: and if he dies intestate and representation is not taken out he may cause a declaration of intestacy to be so deposited.

Merchant Shipping Act, 1894.-57 & 58 Vict. c. 60.

To consolidate enactments relating to Merchant Shipping.

Provisions of the Act applicable to Foreign Jurisdiction.

Where the King exercises jurisdiction within any port in accordance with the Foreign Jurisdiction Act, 1890, he may by Order in Council declare

(a) the port to be a "port of registry".

(b) the description of persons who are to be registrars of British ships there, and

(c) make regulations with respect to the registry of British ships thereat. [s. 88, and s. 4 (1) (ƒ)].

For convenience I have used the term Consular Port of Regis

try in the following summary of the law.

[Imp. Stats., Vol. I, p. 333.]

Consular Ports of registry.

In the event of the certificate of registry of a ship being mis- Provision for loss laid, and if the port at which the ship is at the time of the event,

of certificate.

Order for sale on transmission to unqualified per

son.

or first arrives after the event, is a consular port of registry other than such port at which the ship was registered, the consular officer may grant a provisional certificate, which shall within 10 days after the first subsequent arrival of the ship at her consular port of registry, be delivered up to the registrar, who shall thereupon grant a new certificate. [s 18]

Where the property in a registered ship or share therein is transmitted on marriage, death, bankruptcy or otherwise, to a person not qualified to own a British ship, then if the ship is registered in a consular port of registry, the British Court having the principal civil jurisdiction there may, on application by the unqualified person, order a sale of the property so transmitted and direct the net proceeds of the sale to be paid to the person entitled under such transmission, or otherwise. If the application is not made within 4 weeks after the occurrence of the event on which the transmission has taken place, (or within such further time not exceeding one year as the Court may allow), the ship or share transmitted shall be subject to forfeiture. [s. 28] The British Court having the principal civil jurisdiction at a prohibit transfer. consular port of registry, may, on the application of any interested person prohibit for a specified time any dealing with a ship or share therein, subject to any terms or conditions which the Court may think just: the registrar being served with a copy of the order. [s. 30]

Power of Court to

Restrictions on certificates of mortgage and sale.

Fresh registration

in respect of alteration in ship.

Application of fees.

Penalties for

If a ship is registered at a consular port of registry, a certificate of mortgage or sale shall not be granted so as to authorise any mortgage or sale to be made at that port, or within such adjoining area as is specified in the Order in Council establishing the port of registry, by any person not named in the certificate. [s. 41]

Provisional or endorsed certificates in respect of an alteration in a ship registered in a consular port of registry are to be delivered up to the registrar within 10 days of her first subsequent arrival at that port, and the ship is to be registered anew. [s.50]

Fees taken at a Consular Port of registry, except where otherwise provided by the Act are to be disposed of as directed by Order in Council. [s. 62]

Where the jurisdiction of a Colonial Court of Admiralty has carrying improper been conferred upon the Consular Court, fines in respect of carrying improper national colours may be recovered before

colours.

it [s. 73] and a ship may be adjudged to be forfeited under the

Act. [s. 78]

Part I of the Act,-"Registry"-applies to all places where Application of the King has jurisdiction. [s. 91]

Part I.

If a colonial Legislature by law applies or adopts any provisions Application of of Part II of the Act,-"Masters and Seamen "--which do Part II. not otherwise apply, to any British ships registered at, trading with, or being at, any port in the colony, and to the owners, masters, and crews of those ships, such law shall have effect in places subject to foreign jurisdiction, as if it were part of this Act [s. 264]

The Public Authorities Protection Act, 1893* for the pur- 56 & 57 Vicl. c. 61. poses of the provisions of Part III-"Passenger and Emigrant Ships" of the Act (other than the provisions relating to passenger steamers only) shall apply to every place where the King has jurisdiction. [s. 358]

Part XIII of the Act-"Legal Proceedings"-is included in

the 1st schedule of the Principal Act which contains the Acts of. p. 86. which may be applied by Order in Council. The method of its application has been considered earlier in this section.

Where any thing is authorised to be done by to or before a Power to deBritish consular officer, and there is no such officer in a country signate officers to perform duties subject to foreign jurisdiction, it may be done by to or before an under the Act. officer designated by Order in Council. [s. 737]

VIII

The Exercise of the Legislative Power.

To the extent shewn in the preceding Section, the exercise of the King's legislative power has been, if not controlled, at least directed by Act of Parliament. The selection of certain specified statutes for extension to foreign jurisdiction would seem to amount to an intimation that Parliament considers it appropriate that they should be so extended, leaving it, however, to the King in Council to determine whether, and to what extent, they should be extended.

*This Act is referred to in Section V, under s. 13 of the Principal Act.

cf. p. 63.

cf. Section VI.

The Courts in

vested with Bank

ruptcy, Probate, and other jurisdictions, in addition to civil and

criminal.

cf. p. 10.

cf. p. 80.

Application of criminal law of England.

But it is obvious that much more legislation is necessary for the proper exercise even of the main objects of the jurisdiction-deciding questions of disputed rights between British subjects: punishing offences committed by British subjects. The method adopted—of introducing the law of England bodily, or as in the case of Zanzibar, part of the law of India,—has already been explained and justified. In this Section the manner and the details of the introduction must be more particularly examined.

But even with the adaptation of a body of laws for these two purposes, and the creation of Courts to apply and enforce them, the necessities of the situation are not fully complied with. The Courts in England have other important jurisdictions with which it is necessary to invest the Consular Courts if there is to be a complete system of judicature appropriate to the needs of the British community, if the community is to have that "complete personal protection," and "assurance of satisfactory judicial tribunals" which it is the object of obtaining exterritorial privileges to achieve. These are the Bankruptcy, Probate, Matrimonial and other jurisdictions: and in the Orders in Council there are clauses conferring the requisite powers on the Consular Courts. They are drawn in the broadest possible manner, and always subject to the modification that the English, or other, law on the subject is to be in force "as far as circumstances admit". As to these clauses difficult questions of interpretation arise, which have already been examined in a previous Section. There is also the further question, to be examined as occasion arises, how far the exercise of these special jurisdictions are warranted by the treaty or sufferance.

It is in these clauses also that the Acts contained in the Ist schedule are to be found applied, with or without modifications. Other important Acts are specially applied in the same manner. I propose in setting them out, to adopt the same method of paraphrase as in the previous Section.

A.-CRIMINAL JURISDICTION.

By article 35* the whole of the criminal law of England is applied “as far as circumstances admit": power, however, being

* The articles referred to in this Section are, as in previous Sections, those of the China Order.

reserved to create special offences by Order in Council, or by Rules made under such Order.

35 (i) Except as regards offences made and declared such by this or any other Order .., or by any Rules or Regulations made under any Order :

Any act that would not by a Court of Justice having criminal jurisdiction in England be deemed an offence in England, shall not, in the exercise of criminal jurisdiction under this Order, be deemed an offence, or be the subject of any criminal proceeding under this Order.

(ii) Subject to the provisions of this Order, criminal jurisdiction under this Order shall, as far as circumstances admit, be exercised on the principles of, and in conformity with, English law for the time being, and with the powers vested in the Courts of Justice and Justices of the Peace in England, according to their respective jurisdiction and authority.

This fundamental principle being established, the Order in Council proceeds to deal specifically with certain clauses of offences.

ADMIRALTY OFFENCES.

Admiralty offences are specially dealt with by art. 39, in which three of the Acts specified in the 1st schedule are applied as adapted. These have already been considered in the last Section.

CORONER'S JURISDICTION.

By art. 68, the Court is invested with all the powers and duties appertaining to the office of coroner in England, in relation to deaths of British subjects happening in the district of the Court: and also in relation to deaths of any persons having happened at sea or on board British ships arriving in the district, and to deaths of British subjects having happened at sea on board foreign ships so arriving.

cf. pp. 84-88.

The duties of the coroner of enquiring into all cases of sudden Jurisdiction of death, or death under any circumstances of suspicion, form so the matter of Consular Court in integral a part of the administration of the criminal law, that there inquests. is no difficulty in tracing the warrant for the exercise of the power to the simple grant of criminal jurisdiction over nationals.

Under the Coroners Act, 1887, the cases in which the Consular

Court will hold an inquest under the Coroners Act, 1887, are, 50 & 51 Vict. c. 71. when the dead body of a British subject is found in the circums- §. 3. tances specified in the article, and there is reasonable cause to suspect that such person