Exterritoriality: The Law Relating to Consular Jurisdiction and to Residence in Oriental Countries |
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Page 12
... Consul . Actually , it merely declares them " to be as valid in the law " as if they " had been solemnized within ... Consul abroad for assistance and protection . The Consul has power to expend money out of the public funds in his hands ...
... Consul . Actually , it merely declares them " to be as valid in the law " as if they " had been solemnized within ... Consul abroad for assistance and protection . The Consul has power to expend money out of the public funds in his hands ...
Page 16
... Consul could recover the fees in the foreign Court , judicial notice being taken , if not of the English statute , at least of the principle of contract which it lays down . T But both with regard to the administration of oaths and 16 ...
... Consul could recover the fees in the foreign Court , judicial notice being taken , if not of the English statute , at least of the principle of contract which it lays down . T But both with regard to the administration of oaths and 16 ...
Page 17
... Consul's duties may lead to a violation of the law in some foreign countries , and it could not well be argued that such duties fall within the recognised routine of Consular work . There is a mysterious provision in the Foreign ...
... Consul's duties may lead to a violation of the law in some foreign countries , and it could not well be argued that such duties fall within the recognised routine of Consular work . There is a mysterious provision in the Foreign ...
Page 25
... Consul : and " regarding the punishment of English criminals , the English Government will enact the laws necessary to attain that end , and the Consul will be empowered to put them in force . " The Foreign Jurisdiction Act - 6 & 7 Vict ...
... Consul : and " regarding the punishment of English criminals , the English Government will enact the laws necessary to attain that end , and the Consul will be empowered to put them in force . " The Foreign Jurisdiction Act - 6 & 7 Vict ...
Page 34
... Consul authority to try such cases by himself would clearly be beyond the Treaty grant , and it could not be contended that the Foreign Jurisdiction Act warranted the Order . And the same rule must evidently apply to more complicated ...
... Consul authority to try such cases by himself would clearly be beyond the Treaty grant , and it could not be contended that the Foreign Jurisdiction Act warranted the Order . And the same rule must evidently apply to more complicated ...
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Common terms and phrases
according Act of Parliament administered Admiralty applied arise bankruptcy Britannic Majesty British authorities British Consul British possession British subjects Chinese civil Colony concubinage consent Consul Consular Court contract Corea creditors crime criminal debts decision diction disputes divorce domicil domicil of origin duties enforce England English Courts English law English subjects Englishman established étrangers exercise exterritorial extra-territorial foreign country Foreign Jurisdiction Act French Government grant Highness the Sultan islands Japan Japanese Judge judgment juris jurisdic justice Kings and Chiefs law of England Law Reports legislation lex domicilii lex loci limits Madagascar Majesty the Queen Majesty's dominions marriage matrimonial law matters ment Minister Moorish Muscat nationality native Niger officer Order in Council Oriental country Pacific Islands parties person polygamous principle Probate protection provisions punishment question recognised regard regulations residence respect rule sentence Siamese authorities Sovereign statute Sultan of Zanzibar territory tion Treaty trial tribunals tried Vice-Consul Vict warrant
Popular passages
Page 54 - The British Government and its subjects are hereby confirmed in all privileges, immunities, and advantages conferred on them by previous Treaties ; and it is hereby expressly stipulated that the British Government and its subjects will be allowed free and equal participation in all privileges, immunities, and advantages that may have been, or may be hereafter, granted by His Majesty the Emperor of China to the Government or subjects of any other nation.
Page 215 - A British subject having reason to complain of a Chinese must proceed to the Consulate and state his grievance. The Consul will inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinese have reason to complain of a British subject, the Consul shall no less listen to his complaint, and endeavour to settle it in a friendly manner.
Page 39 - What would be the duty of the individuals who preside in those courts if required to enforce an Act of Parliament which contradicted those principles is a question which I presume they would not entertain a priori; because they will not entertain a priori the supposition that any such will arise. In like manner, this court will not let itself loose into speculations as to what would be its duty under such an emergency; because it cannot, without extreme indecency, presume that any such emergency...
Page 229 - But the Consul shall not interfere in any matters referring solely to Siamese, neither will the Siamese authorities interfere in questions which only concern the subjects of Her Britannic Majesty.
Page 38 - The constitution of this court, relatively to the legislative power of the King in Council, is analogous to that of the Courts of Common Law relatively to that of the Parliament of this kingdom.
Page 149 - Domicil of choice is a conclusion or inference which the law derives from the fact of a man fixing voluntarily his sole or chief residence in a particular place, with an intention of continuing to reside there for an unlimited time.
Page 205 - Le seul fait de la constitution d'une hypothèque en faveur d'un étranger sur 'les biens immeubles, quels que soient le possesseur et le propriétaire , rendra ces tribunaux compétents pour statuer sur la validité de l'hypothèque et sur toutes ses conséquences jusques et y compris la vente forcée de l'immeuble, ainsi que la distribution du prix.
Page 28 - It is and shall be lawful for Her Majesty the Queen to hold, exercise, and enjoy any jurisdiction which Her Majesty now has or may at any time hereafter have within a foreign country in the same and as ample a manner as if Her Majesty had acquired that jurisdiction by the cession or conquest of territory.
Page 227 - WHEREAS by Treaty, capitulation, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction in...