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the subjects of the Sultan of Morocco shall not be made liable to pay a debt due from another person of his nation to a subject of Great Britain, unless he shall have made himself responsible or guarantee for the debtor by a document under his own handwriting.

VIII. In all criminal cases and complaints, and in all civil differences, disputes, or causes of litigation which may occur between British subjects, the British Consul General, Consul, Vice-Consul, or Consular Agent, shall be sole judge and arbiter. No Governor, Kadi, or other Moorish authority, shall intermeddle therein; but the subjects of Her Britannic Majesty shall, in all matters of criminal or civil cognizance arising or existing between British subjects exclusively, be amenable to the tribunal of the Consul General, Consul, or other British authority only.

IX. All criminal cases and complaints, and all civil differences, disputes, or causes of litigation arising between British subjects and subjects of the Moorish Government shall be adjusted in the following

manner:

If the plaintiff be a British subject, and the defendant a Moorish subject, the Governor of the town or district, or the Kadi, according as the case may appertain to their respective Courts, shall alone judge the case; the British subject making his appeal to the Governor or Kadi, through the British Consul General or his deputy, who will have a right to be present in the Court during the whole trial of the case.

In like manner, if the plaintiff be a Moorish subject, and the defendant a British subject, the case shall be referred to the sole judgment and decision of the British Consul General, Consul, ViceConsul or Consular Agent; the plaintiff shall make his appeal through the Moorish authorities; and the Moorish Governor, Kadi, or other officer who may be appointed by them shall be present, if he or they so desire, during the trial and judgment of the case. Should the British or Moorish litigant be dissatisfied with the decision of the Consul General, Consul, Vice-Consul, Governor or Kadi (according as the case may appertain to their respective Courts), he shall have a right of appeal to Her Britannic Majesty's Chargé d'Affaires and Consul General, or to the Moorish Commissioner for Foreign Affairs, as the case may be.

X. A British subject suing, in a Moorish Court of Law, a subject of the Sultan of Morocco for a debt contracted within the dominions of the Queen of Great Britain, shall be required to produce an acknowledgment of the claim, written either in the European or Arabic characters, and signed by the Moorish debtor in the presence of, and testified by, the Moorish Consul, Vice-Consul, or Consular Agent, or before 2 witnesses, whose signatures shall have been at the time, or

subsequently, certified by the Moorish Consul, Vice-Consul, or Consular Agent, or by a British notary in a place where no Moorish Consul, Vice-Consul, or Consular Agent resides. Each document so witnessed or certified by the Moorish Consul, Vice-Consul, or Consular Agent, or British notary, shall have full force and value in a Moorish tribunal. Should at any time a Moorish debtor escape to any town or place in Morocco where the authority of the Sultan may be established, and where no British Consul or Consular Agent may reside, the Moorish Government shall compel the Moorish debtor to come to Tangier, or other port or town in Morocco where the British creditor may desire to prosecute his claim before a Moorish Court of Law.

XI. Should the British Consul-General, or any of the British Consuls, Vice-Consuls or Consular Agents, have at any time occasion to request from the Moorish Government the assistance of soldiers, guards, armed boats, or other aid for the purpose of arresting or transporting any British subject, the demand shall be immediately complied with, on payment of the usual fees given on such occasions by Moorish subjects.

XII. If any subject of the Sultan be found guilty before the Kadi of producing false evidence to the injury or prejudice of a British subject, he shall be severely punished by the Moorish Government according to the Mahomedan law. In like manner the British Consul-General, Consul, Vice-Consul, or Consular Agent, shall take care that any British subject who may be convicted of the same offence against a Moorish subject, shall be severely punished according to the law of Great Britain.

XIV. In all criminal cases, differences, disputes, or other causes of litigation arising between British subjects and the subjects or citizens of other foreign nations, no Governor, Kadi, or other Moorish authority, shall have a right to interfere, unless a Moorish subject may have received thereby any injury to his person or property, in which case the Moorish authority, or one of his officers, shall have a right to be present at the tribunal of the Consul.

Such cases shall be decided solely in the tribunals of the foreign Consuls, without the interference of the Moorish Government, according to the established usages which have hitherto been acted upon, or may hereafter be arranged between the Consuls.

TUNIS,

French Law, 27 March, 1883. (Erecting Tribunals in Tunis.)

I. A French tribunal and six Magistrates' Courts shall be established in the Regency of Tunis.

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II. These tribunals shall form part of the jurisdiction of the Court of Algiers. They shall take cognizance of all civil and commercial questions between French and French protected subjects. They shall take cognizance likewise of all proceedings instituted against the French and French protected subjects for infractions of the law, misdemeanours, or crimes.

Their authority may be extended over all other persons by edicts or decrees of His Highness the Bey, issued with the assent of the French Government.

IV. *

If the accused or one of the accused is a Frenchman, or a French protected subject, the assessors must all be French.

VIII. If the person summoned resides out of Tunis, the delay allowed (with regard to summonses and appeals) shall be:

For those who reside in other States, whether in Europe, or on the coast of the Mediterranean, or on that of the Black Sea, two months; For those who reside beyond those limits, five months.

Decree of the Bey, 5 May, 1883.

We have been informed that several of the friendly Powers whose Consuls, by virtue of Capitulations and Treaties negotiated with our predecessors, have been invested with certain judiciary powers, are disposed to renounce this privilege, if their subjects become amenable to the jurisdiction of the French tribunals recently established.

Article II. of the Law of the 27th March, 1883, allows us to extend the competence of these tribunals, with the assent of the French Government.

Being assured of this assent, we make the following decree :

Sole Article.-The subjects of the friendly Powers whose Consular tribunals shall be suppressed shall become amenable to the jurisdiction of the French tribunals under the same conditions as the French themselves.

English Order in Council, 31 December, 1883.

Whereas by Treaty, capitulation, grant, usage, sufferance, and other lawful means Her Majesty the Queen has power and jurisdiction in the Regency of Tunis:

And whereas by virtue of certain laws of the French Republic, and of certain decrees of His Highness the Bey of Tunis, French tribunals have been established in the Regency:

[Recital of the Decree of 5 May, 1883.]

And whereas Her Majesty the Queen has consented to abandon her Consular jurisdiction with a view to British subjects in the Regency becoming justiciable by the said French tribunals, under the same conditions as French subjects, and to the extent of the jurisdiction vested by law in the said tribunals:

Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the "Foreign Jurisdiction Acts, 1843 to 1878," or otherwise, in Her Majesty vested, is pleased by and with the advice of her Privy Council to order, and it is hereby ordered as follows:

As regards all such matters and cases as come within the jurisdiction of the said French tribunals, the operation of the Orders in Council regulating Her Majesty's Consular jurisdiction in Tunis shall cease to be in force and operation within the Regency on and after the first day of January, 1884, except as regards any judicial matters pending in Her Britannic Majesty's Court for Tunis on the day above mentioned.

COUNTRY OF THE BAROLONGS [SOUTH AFRICA]. Treaty, 22 May, 1884.

I, MONTSIOA, CHIEF OF THE BAROLONGS,

Give the Queen to rule in my country over white men and black men. I give her to publish laws and to change them when necessary; and to make known the modes of procedure of the Courts, and to appoint judges and magistrates and police and other officers of government as may be necessary, and to regulate their duties and authority:

To arrest criminals, and to release them on bail, or to hold them as prisoners, and to convey them as such from one place to another in this country, or to convey them as prisoners out of this country, according to the laws of the Queen:

To collect money (taxes) among the inhabitants of the country of the Barolongs, which will go to defray the expenses of the work done in this country by the Queen: and to levy Court fees, to impose fines, and to employ the money thus obtained according to the laws of the Queen :

Further, I give to the Queen, whom I have called, to originate and to carry forward all work necessary to establish the Courts and the laws, and effectually to confirm the government and authority which I give the Queen by this agreement.

[Recognition of the flag of

the International Association of

the Congo and

of the Free

States under

its administration, as the flag of a friendly

COUNTRY OF THE BATLAPINGS [SOUTH AFRICA].
Treaty, 3 May, 1884.

Agreement with Mankoroane, the Chief, in identical terms with that with the Chief of the Barolongs.

Order in Council, South Africa (Bechuanaland and the Kalahari), 27 January, 1885.

After reciting the two Treaties given above, declares (Art. 4) that the jurisdiction extends to the persons and matters following:

(1) All persons within the limits of this Order [the parts of South Africa situate west of the South African Republic, north of the Colony of the Cape of Good Hope, east of the 20th meridian of east longitude, and south of the 22nd parallel of south latitude; and not within the jurisdiction of any civilised Power] who are British subjects by birth or naturalization, or are otherwise for the time being subject to British law.

(2) All persons properly enjoying Her Majesty's protection within the said limits.

(3) All persons within the limits to which the aforesaid Treaties with Mankoroane and Montsioa respectively extend, whether such persons are natives of Africa or not, and whether subjects of any African or non-African Power or not.

(4) The property and all personal or proprietary rights and liabilities within the said limits of any such persons as before mentioned, or situate within the said limits, although such persons may not be within the said limits.

CONGO.

Convention between Her Britannic Majesty and His Majesty the King of the Belgians, acting as Founder of, and in the name of, the International Association of the Congo, 16 December, 1884.

V. Every British Consul or Consular officer within the said territories, who shall be thereunto duly authorized by Her Britannic Majesty's Government, may hold a Consular Court for the district assigned to him, and shall exercise sole and exclusive jurisdiction, both civil and criminal, over the persons and property of British subjects within the same, in accordance with British law.

VI. Nothing in the last preceding Article contained shall be deemed to relieve any British subject from the obligation to observe the laws of Government.] the said Free States applicable to foreigners, but any infraction thereof by a British subject shall be justiciable only by a British Consular Court.

[For the

Order in

Council, see post, p. 221.]

VII. Inhabitants of the said territories who are subject to the

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