BRITISH ORDER IN COUNCIL, for the Apprehending and Delivering up of Seamen, Deserters from Russian Merchant Vessels in the British Dominions.*—August 27, 1860.

At the Court at Balmoral, the 27th day of August, 1860.
PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by the "Foreign Deserters Act, 1852,+" [cap. 26], it is provided that, whenever it is made to appear to Her Majesty that due facilities are or will be given for recovering and apprehending seamen who desert from British merchant ships in the territories of any foreign Power, Her Majesty may, by Order in Council, stating that such facilities are or will be given, declare that seamen, not being slaves, who desert from merchant ships belonging to a subject of such Power, when within Her Majesty's dominions, shall be liable to be apprehended and carried on board their respective ships; and may limit the operation of such Order, and may render the operation thereof subject to such conditions and qualifications, if any, as may be deemed expedient:

And whereas it has been made to appear to Her Majesty, that due facilities will be given for recovering and apprehending seamen who desert from British merchant ships, in the dominions and possessions of His Majesty the Emperor of all the Russias.

Now, therefore, Her Majesty, by virtue of the power vested in her by the said "Foreign Deserters Act, 1852," and by and with the advice of her Privy Council, is pleased to order and declare, and it is hereby ordered and declared, that from and after the publication hereof in the "London Gazette," seamen, not being slaves, and not being British subjects, who, within Her Majesty's dominions, desert from merchant ships belonging to the subjects of His Majesty the Emperor of all the Russias, shall be liable to be apprehended and carried on board their respective ships: provided always, that if any such deserter has committed any crime in Her Majesty's dominions, he may be detained till he has been tried by a competent court, and until his sentence, if any, has been carried into effect. And the Right Honourable the Lords Commissioners of Her Majesty's Treasury, and the Secretary of State for India in Council, are to give the necessary directions herein accordingly.

EDMUND HARRISON.

"London Gazette" of August 28, 1860.

+ Vol. XLI. Page 680.

BRITISH ORDER IN COUNCIL, for the Apprehending and Delivering up of Seamen, Deserters from Nicaraguan Merchant Vessels in the British Dominions.*-August 27, 1860.

At the Court at Balmoral, the 27th day of August, 1860.
PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by the "Foreign Deserters Act, 1852," [cap. 26],† it is provided that, whenever it is made to appear to Her Majesty, that due facilities are or will be given, for recovering and apprehending seamen who desert from British merchant ships in the territories of any foreign Power, Her Majesty may by Order in Council, stating that such facilities are or will be given, declare that seamen, not being slaves, who desert from merchant ships belonging to a subject of such Power, when within Her Majesty's dominions, shall be liable to be apprehended, and carried on board their respective ships; and may limit the operation of such Order, and may render the operation thereof subject to such conditions and qualifications, if any, as may be deemed expedient.

And whereas it has been made to appear to Her Majesty, that due facilities will be given for recovering and apprehending seamen who desert from British merchant ships in the territories of the Republic of Nicaragua.

Now, therefore, Her Majesty, by virtue of the power vested in her by the said "Foreign Deserters Act, 1852," and by and with the advice of her Privy Council, is pleased to order and declare, and it is hereby ordered and declared, that from and after the publication hereof in the "London Gazette," seamen, not being slaves, and not being British subjects, who, within Her Majesty's dominions, desert from merchant ships belonging to citizens of the Republic of Nicaragua shall be liable to be apprehended and carried on board their respective ships: provided always, that if any such deserter has committed any crime in Her Majesty's dominions, he may be detained till he has been tried by a competent court, and until his sentence, if any, has been carried into effect.

And the Right Honourable the Lords Commissioners of Her Majesty's Treasury, and the Secretary of State for India in Council, are to give the necessary directions herein accordingly.

EDMUND HARRISON.

[1859-60. L.]

* "London Gazette" of August 28, 1860.

† Vol. XLI. Page 680.

2 U

BRITISH ORDER IN COUNCIL, for the regulation of British Consular Jurisdiction in the Dominions of the Sublime Ottoman Porte.*-August 27, 1860.

At the Court at Balmoral, the 27th day of August, 1860.

PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by the Act of the session of Parliament of the 6th and 7th years of Her Majesty's reign [cap. 94],† intituled "An Act to remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual," hereinafter called "The Foreign Jurisdiction Act," it was enacted (amongst other things), that it was and should be lawful for Her Majesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty then had or might at any time thereafter have within any country or place out of Her Majesty's dominions, in the same and as ample a manner as if Her Majesty had acquired such power or jurisdiction by the cession or conquest of territory:

And whereas Her Majesty has had and now has power and jurisdiction in the dominions of the Sublime Ottoman Porte:

And whereas Her Majesty was pleased on the 2nd day of October, 1843, the 19th day of June, 1844,§ the 24th day of April, 1847, and the 27th day of August, 1857, by and with the advice of Her Privy Council, to make, by several Orders in Council dated the said days respectively, provision for the exercise of her power and jurisdiction aforesaid:

And whereas it hath seemed to Her Majesty, by and with the advice of Her Privy Council, to be expedient at the present time to revise and consolidate the provisions of the said Orders, and to make further provision for the due exercise of Her Majesty's power and jurisdiction aforesaid, and for the more regular and efficient administration of justice and the better maintenance of order among all classes of Her Majesty's subjects and of persons enjoying Her Majesty's protection resident in or resorting to the dominions of the Sublime Ottoman Porte:

Now, therefore, Her Majesty, by virtue of the powers in this behalf by "The Foreign Jurisdiction Act" or otherwise in her vested, is pleased by and with the advice of her Privy Council to order, and it is hereby ordered, as follows:

* "London Gazette" of October 9, 1860.

Vol. XXXI. Page 1022.

|| Vol. XXXV. Page 1139.

+ Vol. XXXI. Page 984. § Vol. XXXII. Page 846. ¶ Vol. XLVII. Page 572.

I.-Preliminary.

I. The present Order shall come into operation on the 1st day of March, 1861, and shall be read as if made and dated on that day. II. The said 4 Orders shall be repealed.

The repeal shall not affect anything done under the said Orders or any of them.

Pending proceedings shall be regulated by the present Order as far as the nature and circumstances of each case will admit.

III. In the present Order, and in any rules made under it, words importing the plural or the singular may be construed as referring to one person or thing, or more than one person or thing. and words importing the masculine as referring to females (as the case may require).

II.-General Provisions as to Her Majesty's Jurisdiction in the Dominions of the Sublime Ottoman Porte.

IV. All Her Majesty's jurisdiction exercisable in the dominions of the Sublime Ottoman Porte for the judicial hearing and determination of suits or matters in difference between British subjects, or between British subjects and subjects of the Sublime Ottoman Porte, or between British subjects and subjects or citizens of any other State, or for the administration or control of the property or persons of British subjects, or for the repression or punishment of crimes for offences committed by British subjects, or for the maintenance of order among British subjects, or for any purpose connected therewith respectively, shall be exercised under and according to the provisions of the present Order, and not otherwise.

V. Subject to the other provisions of the present Order, the civil and criminal jurisdiction aforesaid may and shall, as far as circumstances will admit, be exercised upon the principles of and in conformity with the common law, the rules of equity, the statute law, and other law, for the time being in force in and for England, and with all the powers vested in and pursuant to the course of procedure and practice observed by and before courts of justice and justices of the peace in England, according to their respective jurisdictions and authorities.

VI. Except as to offences against the capitulations, articles of peace, and Treaties between Her Majesty and the Sublime Ottoman Porte, or against any rules and regulations for the observance thereof or the maintenance of order among British subjects in the dominions of the Sublime Ottoman Porte made by or under the authority of Her Majesty, or against any of the provisions of the present Order, or any rule made under it, and except as to offences expressly made such by the present Order, or any other Order for the time being in force.

No act done by a British subject in the dominions of the Sublime Ottoman Porte or on board a British vessel within the same dominions, which would not by a court of justice having criminal jurisdiction in England be deemed to be a crime or offence rendering the person doing the act amenable to punishment in England shall, in the exercise of criminal jurisdiction under the present Order be deemed to be a crime or offence rendering the person doing the act amenable to punishment.

III.-Constitution of Her Majesty's Consular Courts.

1.-The Supreme Consular Court at Constantinople.

VII. There shall be a court styled "Her Britannic Majesty's Supreme Consular Court for the Dominions of the Sublime Ottoman Porte."

VIII. The Supreme Consular Court shall hold its ordinary sittings at Constantinople; but may, in case of emergency, sit at any other place within the district of the Consulate-General of Constantinople, and may at any time hold its ordinary sittings at any such place within the dominions of the Sublime Ottoman Porte as one of Her Majesty's Principal Secretaries of State may approve. IX. There shall be one judge of the court.

He shall be appointed by Her Majesty by warrant under her Royal Sign Manual.

He shall be, at the time of his appointment, a member of the Bar of England, Scotland, or Ireland, of not less than 7 years' standing; or a British subject, who shall have filled the office of Legal ViceConsul Cancellier in the Levant, or the office of law secretary to the Supreme Consular Court.

He shall hold by special commission from Her Majesty the appointment of Vice-Consul, but shall have rank and precedence as if he held the appointment of Consul-General.

He may, in case of his being absent from the district of the Consulate-General of Constantinople, either in the discharge of his duty, or with permission of one of Her Majesty's Principal Secretaries of State, or in case of illness, appoint by writing under his hand and seal, a fit person to be his deputy.

During the vacancy of the office of judge, or on any emergency, any fit person, approved by one of Her Majesty's Principal Secretaries of State, may temporarily be and act as acting judge, with all the power and authority of judge.

X. There shall be attached to the court

(1.) One legal Vice-Consul Cancellier :

(2.) One law secretary :

(3.) So many officers and clerks as one of Her Majesty's Principal Secretaries of State may from time to time think fit.