hended is the deserter, he is to be taken and delivered over to the nearest military station of Her Majesty's forces, or to an officer in command of one of Her Majesty's ships on the China station. Section XIII. deals with deportation. The Courts may Deportation. require security to keep the peace, or for future good behaviour, from persons who it is apprehended are about to commit or excite to a breach of the peace; and also from persons after conviction. On failure to find security, the Court may make an order for deportation to Hong Kong or England; but not elsewhere without consent of the person to be deported. Reports of all deportation orders are to be made to the Secretary of State and to the Minister. In case of deportation to Hong Kong, the Chief Magistrate of Police is to report to the Governor, who may either order a further deportation to England, or else shall discharge the person from custody. To return to China or Japan after having been deported, without permission of the Secretary of State, is made an offence under the Order, punishable with fine or imprisonment, and deportation. By Section XIV., registration of British subjects is made Registration, compulsory; failure to register, in addition to loss of recognition and protection, involves a fine of ten dollars. Actions by foreigners are dealt with in Section XV. The law ante, p. 87. on this point has already been fully explained. There is a further provision for ordering the attendance of British subjects before the British Courts to give evidence where such evidence is required by the national tribunals. civil cases. Sections XVI., XVII., and XVIII. deal respectively with Appeals in appeals from the inferior to the superior Court: the rules of procedure, which may be framed by the Judge, subject to the approval of the Secretary of State: and with the appeal to Her Majesty in Council. In Section XIX. are the following general provisions :Her Majesty's prerogative of pardon remains untouched. The Order does not preclude the Consuls from performing any non-judicial act which they might by law, or by virtue of usage or sufferance, or otherwise, have performed if the Order had not been made. The Consuls are to promote reconciliation in disputes between British subjects. The Courts may make compulsory orders for the attendance of British subjects as witnesses. I Jurisdiction to Court. China and C., 1877. False evidence in any proceeding is to be deemed wilful and corrupt perjury. Costs, fines, penalties, etc., are leviable by distress and seizure and sale of ships, goods, and lands; which are not to be defeated by bill of sale or mortgage or transfer of property made with a view to security in regard to the consequences of crimes. Fines and penalties, except those payable under the Treaties to the national Government, are to be carried to the public account, and to be applied in diminution of the charges of the Courts. The details of deportation are given. Persons obstructing officers of the Court in the performance of their duties; threatening, or using violent, or disrespectful behaviour in Court; insulting the Judge or Court officials, are made liable to immediate punishment by the Court. Extortion and other misconduct by officials is dealt with also in a summary way. The limitation of actions against officials is determined. Section XX. gives the necessary jurisdiction to the Courts in Hong Kong to give effect to warrants issuing from the Courts in China and Japan for the apprehension and return of fugitive offenders. Sections XXI., XXII. and XXIII. deal with formal matters. By the Order of October 23, 1877, the Supreme Court of Japan, O. in Hong Kong is given concurrent jurisdiction with the Consular Courts in China, over crimes committed by British subjects at any xiv. p. 244.] place on land, and over all civil disputes between British subjects, being within ten miles of the Colony. Treaties, Vol. China and Japan, O. in C., 1881. [Hertslet's Treaties, Vol. xv. p. 97.] The Order of October 25, 1881, provided further that the British Ministers in China and Japan respectively may join with the Ministers of any foreign Powers in amity with Her Majesty in making or adopting "land regulations,” harbour regulations, or any others, for the municipal government of the foreign concessions or settlements. As regards British subjects, the joint regulations are to be as valid and binding as if they related to British subjects only. These regulations are subject to the approval of Her Majesty. The above powers include the power to make regulations for the management of prisons and the punishment of prisoners committing offences against prison discipline. The following subjects are also dealt with in this Order :— The registration of mortgages of land or houses in China or Japan. Bills of sale executed by British subjects intended to affect chattels in China or Japan. Suits by or against partners. Suits by or against foreigners. The power to order the attendance of British subjects before the Court in order to give evidence which may be required in a Chinese or Japanese Court, or in a Court of a foreign State in amity with Her Majesty. This presumably includes the foreign Consular Courts in China and Japan. ante, p. 87. [Hertslet's Treaties, Vol. By the Order of June 26, 1884, Corea was included in the China, Japan and Corea, O. operation of all the China and Japan Orders, and the following in C., 1884. additional regulations were made. Where Imperial Acts or any Orders in Council, or any forms xvii. p. 282.] or regulations established under any such Order or Act, are Adaptations applicable to China, Japan, or Corea, such Acts, Orders, etc., Acts when of Imperial "shall be deemed applicable, so far only as the constitution and applied. jurisdiction of the Courts, and the local circumstances permit ; and for the purpose of facilitating their application, they may be construed, or used with such alterations and adaptations not affecting the substance as may be necessary, and anything required to be done by or to any Court, Judge, officer, or authority may be done by or to a Court, Judge, officer or authority, having the like or analogous functions." In case any difficulty arises in the application, the Secretary of State is to direct how such matters are to be applied. The Admiralty Offences (Colonial) Acts of 1849 and 1860 and the Merchant Shipping Act, 1867, sec. II, are applied, and the necessary legislation provided. . ante, pp. 60, 65, & 62. The Fugitive Offenders Act, 1881, is applied, China, Japan cf. ante, p. 68. and Corea being made a group for the purposes of the Act. Judicial notice is to be taken of the several Orders in Council, of the appointment of Consuls and other officers, of the constitution and limits of the Consular Courts and districts, of the Consular seals and signatures, and of any rules and regulations made under the Orders, and no proof shall be required of any such matters. The Evidence Act, 1851, secs. 7 and 11, are applied. cf. ante, p. 51. In the Orders in Council which have been recently issued, a further clause has been introduced, to the effect that any act eg. Brunei, O. in C. 189, done by a British subject, which, if done in the United Kingdom Art. 40. or in a British possession, would be an offence against 50 & 51 Vict. c. 28. 46 & 47 Vict. c. 57, 48 & 49 Vict. c. 63, 49 & 50 Vict. c. 37, 51 & 52 Vict. c. 50. cf. post, p. 180. China and Japan, Rules of Court, r865. The Merchandise Marks Act, 1887, The Patents, Designs, and Trade Marks Acts, 1883 to 1888, Any Act, Statute, or Order in Council for the time being in force relating to copyright, or to inventions, designs, or trade marks, Any Statute amending or substituted for any of the abovementioned statutes, is to be punishable as an offence against the Order in Council, whether the act is done in relation to any property or right of a British subject, or of a foreigner, or otherwise; with the provisos, that copies of such Statutes or Orders are to be published in the Consulate, and to be open to inspection by any person at all reasonable times; and that a prosecution by or on behalf of a prosecutor who is not a British subject shall not be entertained without the consent in writing of the Consul, who may withhold such consent unless he is satisfied that effectual provision exists for the punishment in the country of similar acts committed by the subjects of the State of which the prosecutor is a subject, in relation to or affecting the interests of British subjects. In the Rules of Court, issued May 4, 1865, for the Consular Courts of China and Japan, and framed under the Order of 1865, there is little requiring special notice in this place. With regard to the seizure in execution and sale of goods, it is provided that the order for sale is not to be made unless the Court is satisfied prima facie, that they belong to the person against whom execution issued, and are in a place where the Court has a right to exercise jurisdiction. With regard to parties out of the jurisdiction, the term used is "out of the jurisdiction of the particular Court," both as to plaintiffs who are required to find security, and as to substituted service of writs or other documents on defendants. It may be that this refers simply to the jurisdiction of the provincial Courts, in the same way as the jurisdiction of the County Courts is dealt with cf. ante, p. 99. in England. It is not clear on the face of it whether the rules deal with the larger questions of plaintiffs or defendants "out of the jurisdiction," that is to say, out of China or Japan, as the case may be. In the same way, the rules dealing with the apprehension of offenders, and summonses to witnesses in criminal matters, refer to British subjects "within the particular jurisdiction." With regard to search warrants, it is provided that they may authorize searches "in any house or place over which, by reason of the nationality of the occupier thereof, the Court has jurisdiction." Generally, all criminal trials, and proceedings before and after trial, are to be conducted as nearly as may be as criminal trials, and the corresponding proceedings, are conducted in England. XII. The Principles on which the Orders in Council are Based. LET us now see how the principles established a priori, in Section X., are borne out by the rules laid down in the Orders ante, p. 95. in Council. The point which attracts attention at once is the quasi-legislative power which is put into the hands of Her Legislative Majesty's Ministers in Oriental countries, and the points as to H. B. M.'s which their power is exercised. Granted that some room for the exercise of legislative power by the Queen in these countries exists, it seems clear that she may delegate it to her representative, or allow it to be exercised by him subject to her supervision. The questions arise only when we come to consider the subjects to which this legislation inay be directed. They are two: the observance of the stipulations of the Treaty; the peace, order and good government of British subjects in the country. power of Minister. Treaties. First, as to the observance of the Treaties. The Treaty- Observance of making prerogative of the Sovereign has, as is well understood, certain limitations attached to it. Changes in the law can only be carried out by means of an enabling Act of the Parliament. The Queen has no power of herself to enforce the observance of stipulations in Treaties by her subjects at home. Nor is the power of enforcing it on her subjects in the foreign country granted to her by Treaty in express terms. If we take a case outside exterritoriality, we shall see at once that these regulations do not depend for their validity on the Treaty prerogative of the Queen, but on the legislative authority of the country with |