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 application of Fugitive Offenders Act to, 69 general nature of crime, 138 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 law, 23 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, 111 regulations for management of, may be made by Ministers, 114 approval of by Queen, 114 offences against discipline of, 114 death in, inquest, 132 PRISONER, removal of, 75 PRIVY COUNCIL, appeal to, from Supreme Consular Court, 113 nature of appeal to, from Colonial Courts, 121 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 rule of Order in Council, 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 PROTECTED PERSONS, rule as to domicil applied to, 153 defined, 154 privileges expressly extended by Treaty to, 154 native servants, 155 PROTECTED SUBJECTS, defined, 154 how far Treaty includes, 154 direct mention probably necessary, 155 PROTECTIO TRAHIT SUBJECTIONEM, ET SUBJECTIO PROTECTIONEM, 10, 54 not strictly involved in foreign jurisdiction, 20, 94 except in most partial form, 54 consequence with regard to suits by and against foreigners, 94 does not include servants of other nationalities, 88 PROTECTORATES, Brunei, 233 Niger, 216 North Borneo, 232 Sarawak, 232 Somali Coast, 225 South African tribes, 213 Zanzibar, 217 French, Madagascar, 219 Tunis, 95, 190 general nature of, involves jurisdiction over foreigners, 19, 82, 94 cession of jurisdiction without cession of territory, 82 distinguished from grants of exterritoriality, 82 consent of other Governments only required in case of Treaty Powers, 95 rule as to domicil applied to, 153 PUNISHMENT, chief principle involved in foreign jurisdiction, 20 PACIFIC OCEAN [see WESTERN PACIFIC] PATANI, Treaty, 216 PERSIA Treaty, 223 Treaties with other Powers, 224 Order in Council, 1863, 155, 180, 224 English jurisdiction rests on most-favoured-nation clause, 56 Treaty with Italy, Art. v., 56, 144 PERSIAN COASTS AND ISLANDS, Order in Council, 224 PERSIAN GULF, jurisdiction on coasts and islands, 224 PHOENIX ISLANDS, jurisdiction in, 242 breach of, Treaty between Japan and Austro-Hungary, 55 abroad, consequences of, do not attach to persons enjoying exterritorial privileges, 3 condition of, in bankruptcy jurisdiction, 127 as it affects matrimonial jurisdiction, 135, 136 in a territory the basis of domicil, 147 RESIDENCE-continued. in the East liable to interruption, 151 possible effect on acquisition of domicil, 151 jurisdiction of Consular Court to pronounce, 134 territorial operation of, 12 ROBBERY, extradition, Burmah and Siam, 231 RULES, Consul to make, 107 of Court, China and Japan, 116 ROTUMAH ISLAND, jurisdiction in, 242 ROUMANIA, provisions of Treaty of Berlin as to, 198 RUSSIA, Treaty with Persia, 224 SCOTCHMEN, governed by English law, 120 SEA [see HIGH SEAS], removal of fugitive offender by, 71, 72 jurisdiction over British subjects in ships in Eastern seas, 80 SEAL, proof of, on documents when not required, 62 judicial notice to be taken of Consular, 115 SEAMEN, Consul's power for regulation of, 108 wages of, order for, 62 SEARCH WARRANT, under Fugitive Offenders Act, 71 jurisdiction of Court to issue, 117 SECRETARY OF STATE, appeal to, from refusal of Consul to solemnise marriages, 17 decision on question as to existence of foreign jurisdiction in any country, 58 suggested limit of authority, 59 power to order return of removed prisoner, 76 the "removing authority," 76 power in the matter of criminal lunatics, 77 to sanction penal rules made by Consul, 104 recommendation to, for remission of sentence, III approval of prisons in China, III permission of, to return after deportation, 113 approval of, of rules for appeals, 113 power to determine disputes as to area of jurisdiction under Persian Order in Council, 224 |
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