Probate and administration. Registration. Merchant seamen. Analysis of long form of Order in China and Japan, O. in Treaties, Vol. xii. p. 281.] Definition of the Queen's jurisdiction. The Consul may grant probate of wills, or letters of administration to the intestate estate of any British subject, or any native of a State or place under British protection, who shall die leaving property in Morocco. If no application is made for probate or letters of administration within thirty days after the death of the deceased, the Consul is to administer the estate, reserving a commission out of the proceeds of 24 per cent. on the account (Art. XXXIV.). British subjects residing in Morocco are required to be enrolled in a consular register, except such as are borne on the muster-roll of a British ship in port. A subject refusing or neglecting to register, without satisfactory excuse, “shall not be entitled to be recognised or protected as a British subject in respect to any suit, dispute, or difficulty in which he may be engaged or involved" (Art. XXXV.). The Consul is to exercise all the powers for the regulation of merchant seamen, or of the merchant marine, which are exercised by Justices of the Peace in Her Majesty's dominions (Art. XXXVI.). Nothing in this Order is to be construed to prevent the Consul in Morocco "from doing or performing any act whatsoever which British Consuls within any other State in amity with Her Majesty are by law, usage, or sufferance, entitled or enabled to do or perform " (Art. XXXVII.). The limitation of actions against Consuls is provided by Article XXXVIII. Articles XXXIX., XL., and XLI. are formal. For an example of the more elaborate form I take the Order relating to China and Japan, dated March 9, 1865, as amended from time to time. This Order was substituted for one promulgated in the short form, January 23, 1860. After reciting various Acts of Parliament and Orders in Council, certain terms are defined in Section I., " Preliminary." Section II. lays down "general provisions respecting Her Majesty's Jurisdiction." This jurisdiction is declared to be— For the judicial hearing and determination of matters in difference between British subjects, or between foreigners and British subjects: or, for the administration or control of the property or persons of British subjects: or, for the repression or punishment of crimes or offences committed by British subjects: or, for the maintenance of order among British subjects. The above civil and criminal jurisdiction is, "as far as circum- Application of stances admit," to be "exercised upon and in conformity with the law of England. common law, the rules of equity, the statute law, and other law for the time being in force in and for England." It is to be exercised with the same powers as are vested in the Courts of Justice and Justices of the Peace in England; and according to the same course of procedure and practice as obtains in the Courts and before the Justices. With the exception of offences declared by the Order, or by rules made under it, acts are to be deemed punishable only if they are punishable in England. Section III. deals with the constitution of the Courts. Section IV. declares the qualifications of British subjects liable to serve on juries, and to be summoned as assessors. Section V. deals with the jurisdiction and authorities of Her Majesty's Courts. execute writs It is specially provided that any of the Consular Courts in Consular China and Japan "may execute any writ, order or warrant" Courts to issuing from the Colonial Supreme Court in Hong Kong, and from Colonial accompanied by a request for such execution under the Courts; and to be auxiliary seal of the Court. Security may be taken from the person to one named for his appearance at Hong Kong; or he may be another. taken in custody to the Colony. And generally that the several Courts in China and Japan are to be "auxiliary to one another in all particulars relative to the administration of justice, civil or criminal."* Reconciliation in civil matters is to be promoted, and arbitration encouraged. The Courts are to be Courts of Law and of Equity. The following special jurisdictions are," as far as circumstances admit," conferred either on the Supreme Court alone, or on all the Courts. In bankruptcy, the jurisdiction of the English bankruptcy Art. 52. authorities, with respect to British subjects and to their debtors and creditors, being either British subjects or foreigners submitting to the jurisdiction. All the powers, rights and duties, appertaining to the office of Art. 53. coroner in England, including the right to summon juries, and impose fines for disobedience to the summons. The jurisdiction of the Vice-Admiralty Courts of the Colonies, Art. 54 [Altered * In reading this Order, great care must be taken to distinguish the by statute to Consular from the Colonial Courts. The expression "Courts in China and Japan" does not include the Courts in Hong Kong. Admiralty jurisdiction. cf. p. 75.1 Art. 55. Art. 56. Art. 57. Art. 58. Art. 59. Art. 60. Art. 61. Arts. 64 et seq. Criminal jurisdiction. "for and within China and Japan, and for vessels or persons coming to or within China or Japan." In lunacy, the jurisdiction relative to the custody and management of the persons and estates of persons of unsound mind exercised by the Lord Chancellor in England. In matrimonial causes, all the jurisdiction of the Divorce Court in England, except that relative to dissolution, or nullity, or jactitation of marriage. In probate, all the jurisdiction of the Court of Probate in England, with respect to the property of British subjects having at the time of their death their fixed places of abode in China or Japan. Persons having in their possession or under their control papers of a deceased British subject being or purporting to be testamentary, are to deposit such papers in Court within fourteen days after having knowledge of the death of the deceased, subject to a penalty not exceeding 250 dollars. In the case of intestacy of a British subject, having at the time of his death his fixed place of abode in China or Japan, his personal property is vested in the Judge of the Supreme Court, until administration granted, as it vests in England in the Judge of the Court of Probate. Dealing with the personalty of any deceased person without obtaining probate or administration within three months after his death is subject to a penalty not exceeding 500 dollars. On the death of a British subject in China or Japan who had not his fixed place of abode there, the Court may, if the case requires it, take possession of his personal property, or put it under the seal of the Court, and so keep it until it can be dealt with according to law. In criminal matters, every Court " may cause to be apprehended and brought before it any British subject being within the district of the Court, and charged with having committed a crime or offence in China or Japan." If the offence is triable, or to be tried, in Her Majesty's dominions, the Court may take the preliminary examination, and commit the accused for trial, "and cause or allow him to be taken to the place of intended trial." Warrants issued by competent authorities in the dominions for the apprehension of British subjects charged with having committed a crime within the jurisdiction of the authority issuing the warrant, may be backed by the Court, and are then of sufficient authority for the apprehension of the accused, and for his being sent back according to the warrant. Where it is expedient that an offence be tried and punished within Her Majesty's dominions, the accused may be sent for trial to Hong Kong. Where the punishment is death, a report is to be made to the Minister, and the sentence is not to be carried into effect without his direction. The Minister may commute the capital sentence for any other punishment. Punishments, whether imposed by the Court or directed by the Minister, are to conform as far as possible to the law of England, as also the mode in which they are inflicted. The Judge may recommend either to a Secretary of State in England, or to the British Minister, a mitigation or remission of any punishment; and the recommendation may be carried out by order of the authority to whom the recommendation is made. Places of imprisonment in China are to be approved by a Secretary of State; but, when it is expedient, the offender may be sent for imprisonment to Hong Kong. Section VI. deals with war, insurrection, or rebellion, and creates the following offences :— Council Levying war or taking part in any operation of war against Order in the Emperor of China or Japan, as the case may be, while Her offences. Majesty is at peace with such Sovereign. Aiding or abetting any person in carrying on war, insurrection, or rebellion. In both cases deportation may be added to the punishment. Taking part in any operation of war in the service of the Emperor of China against any persons engaged in carrying on war, insurrection or rebellion against him. Section VII. creates the following offences in connection with the Treaties and regulations :— Violation or failure to observe the stipulations of the Treaties Violation of Treaty regulain respect of which any penalty is stipulated for in the Treaty. tions. H. B. M.'s The ministers may make regulations "for the peace, order and Legislative good government of British subjects," resident in or resorting to power of China and Japan respectively, and for the observance of the Minister. stipulations of the Treaties, and for the maintenance of friendly relations between British subjects and the subjects and authorities of China and Japan respectively. The regulations are not to have effect until they are approved by Her Majesty; or, in case of urgency, they are to have effect until they are disapproved. The regulations may impose penalties; they are to be printed and conspicuously exhibited in the Consulate; and they Unlawful trade. Japanese waters. Piracy. Offences against religion. Jurisdiction within 100 miles of coasts. are not to be enforced until they have been exhibited for one month. Section VIII. deals with unlawful trade with Japan, making it a misdemeanour in principal, agent, ship-owner, ship-master or supercargo, with the heavy penalty of 10,000 dollars, with or without imprisonment. Trade is unlawful if carried on at any other than the Treaty ports. British vessels engaged, or suspected of being engaged, in it may be seized by Her Majesty's ships, and the offenders taken to any port in Japan or elsewhere convenient for trial. Section IX. gives the British Minister power to make regulations with regard to the entrance of British vessels in Japanese waters; for breach of the regulations ships may be seized. By Section X. piracy by British subjects in China and Japan, wherever committed, is put within the jurisdiction of the Courts. Section XI. creates the following offences against religion: Publicly deriding, mocking or insulting any religion established or observed in China or Japan; publicly offering any insult to any religious service, feast or ceremony, or to any place of worship, tomb, or sanctuary belonging to the religion or its ministers or professors; wilfully committing any act tending to bring the religion, or its ceremonies, mode of worship, or observances, into hatred, ridicule or contempt, and thereby to provoke a breach of the public peace. The Consular officers are to take precautionary measures for the prevention of such offences. Section XII. deals with the authority within 100 miles of the coast of China, created by section 14 of the Foreign Jurisdiction Act. Crimes committed by British subjects on board a British, Chinese or Japanese vessel, or on board a vessel not lawfully entitled to claim the protection of the flag of any State, within one hundred miles of the coast of China, are put within the jurisdiction of the Courts in China or Japan. The offence is triable as if it had been committed in China or Japan, as the case may be. The Ministers to China or Japan, the Judges of the Supreme Court, any of the Consular officers in China or Japan, or the Governor of Hong Kong, on receiving satisfactory information that a deserter has concealed himself on board any British, Chinese, Japanese vessel, or any vessel not entitled to claim the protection of any flag, may issue a warrant for a search and apprehension; and on being satisfied that the person appre |