ORDERS IN COUNCIL-continued. application of Copyright Acts. prosecutions by foreigners, conditions, Rules of Court made under China and Japan Order, 1865, 115 under Colonial Courts of Admiralty Act, grant of Admiralty jurisdiction to Consular Courts, 75 under Colonial Prisoners Removal Act, 1:6:50 for removal of prisoners and criminal lunatics from countries where under Foreign Jurisdiction Act, to extend certain Acts to foreign countries, 60, 74, 244 deportation for trial to British possession, 77, 244 punishment of convicted persons, 78, 245 jurisdiction to British Courts in cases within the Act, 78, 245 laying before Parliament, 79, 245 when void for repugnancy, 79, 246 protection to persons acting under, 79, 246 jurisdiction over subjects in ships in Eastern seas, 80, 247 to vary or repeal Acts in second schedule, 80,1247 includes subjects of Indian princes as "protected subjects,” 80, 247 under Fugitive Offenders Act, grouping of Colonies and foreign countries, 70 to determine Consular jurisdiction under the Act, 73 under Pacific Islanders Protection Act, power to Queen to make, 241 laying before Parliament, 242 authority to issue by local Foreign Jurisdiction Acts, 25 law of England, 34, 36, 79, 246 position of Secretary of State, 37, 59 must conform to statutes applicable to the case, 35 need not conform to principles of law of England, 35 forms in which invalidity may be raised, 42 analogy with Orders under Extradition Act, 43 must be limited by Treaty, 43 judicial notice to be taken of, 115 general principles of, 117 offences created by, 122 canons of construction for applied statutes, 127 necessary to confer jurisdiction as to laws affecting Royal Navy, 134 rule as to probate probably substitutes Order in Council law for ORDERS IN COUNCIL-continued. duties imposed by, cannot be shaken off at will, 143 abandoning jurisdiction, 191 ORIENTAL Country, use of term, 22 ORIENTAL DOMICIL, presumption against acquisition of, 142 impossible where Treaty, 142 ORIENTAL SUBJECT, acquisition of European domicil by, 144 naturalisation of, in England, 144 generally in same position in England as other foreigners, 144 OUTLAWRY, OKUMEDU, Treaty, 216 OLD CALABAR, Treaty, 215 OMAN, GULF of, jurisdiction on coasts and islands, 224 ONITSHA, Treaty, 215 ONYEN, Treaty, 216 ОРАІ, Treaty, 216 OPOBO, Treaty, 216 ORANGE FREE STATE, excluded from African Order in Council, 1889, 221 OSAMARI, Treaty, 216 OSIBITI, Treaty, 215 OSUTSHI ANI OTSHA, Treaty, 216 OTTOMAN DOMINIONS [see TURKEY] PARDON, effect of foreign pardon, 45 prerogative of, remains in Sovereign for British subjects in Oriental partly vested in Minister, 120 PARLIAMENT [see ACT OF PARLIAMENT], Orders in Council under Foreign Jurisdiction Act to be laid before, 79 power of, over British subjects, 10 no inherent right to grant jurisdiction to Queen over subjects abroad 18, 21 must grant right to exercise, 19, 24 relation of, to Queen's jurisdiction, 22 enquiry as to direct authority of 29, transcendent power of within King's dominions, 29, 44 enquiry whether any power of direct legislation in respect of rights of si jurisdictionem spectes, est capacissima, 38 enquiry as to limits of omnipotence, 38 old authorities, 38 power abroad limited to British subjects, 49 power of, over subjects in the East not greater than elsewhere, 42, 51 of English Sovereign in indictment in Consular Court, 19 involves protection, 20 of Queen, where murder committed abroad, 20 PENALTIES, under Merchant Shipping Act, application of, 62 payable into public account, 107, 114 for not depositing testamentary papers in Court, 110 for dealing with personalty without administration, 110 of witness examined on commission by Consular Court, 64 in evidence given before Consul, 106 Consular Court, 114 punishment depends on municipal law of State where tried, 138 administered in one country followed by death in another, 65 POLICE, arrest by native or British, 96 POLYGAMY, marriages contracted subject to law of, 157 [see MARRIAGE] English matrimonial law not framed on scale of, 159 authority for general non-recognition of, 162 partial recognition of native marriage, 165, 170 rule of non-recognition probably amounts to prohibition, 168 Treaty-making, in uncivilised governments, 18 not fettered as to acquisition of rights or the incurring obligations, 23 but exercise or fulfilment of rights or obligations must be within the acquisition of territory, 24 legislative right in Crown Colonies, 24 PREROGATIVE-continued. acquisition of rights of foreign jurisdiction, 24 right to exercise, does not follow right to acquire, 24 as to unlawful trade, 124 depends on power to recall subjects from abroad, 124 PRISON, in China, approval of by Secretary of State, III regulations for management of, may be made by Ministers, 114 offences against discipline of, 114 death in, inquest, 132 PRISONER, removal of, 75 PRIVY COUNCIL, appeal to, from Supreme Consular Court, 113 PRIZE, special authority necessary for jurisdiction of Consular Court in, 134 production of Consular, in lieu of will, 67 Consul may grant, 108 jurisdiction of Consular Court in, 110, 136 possession of testamentary papers, 110 general principles governing grant, 136 position of the law of the domicil, 136 adoption of prior decisions of Courts of domicil, 137 probably does away with law of domicil, 137 non-resident subjects dying within Consular jurisdiction, 137 property of British subjects dying elsewhere, 137 right to establish Code of, follows from grant of jurisdiction, 96 proof of, in Consular Court, 61 PROHIBITION, to marry, personal affects capacity, 167 impersonal does not affect capacity, 168 necessary formalities do not amount to, 168 non-recognition of polygamy may amount to, 168 applies both to man and woman, 169 by Government without permission not personal, 171 PROSPECTUS, contracts to be set out in applicable to company in Treaty Port, 177 |