« PreviousContinue »
BRITISH ORDER IN COUNCIL, prohibiting the Catching of
Seals by British Ships in Behring Sea until the 1st May, 1892.-Windsor, June 23, 1891.*
At the Court at Windsor, the 23rd day of June, 1891.
Earl of Limerick.
Lord Arthur Hill.
WHEREAS by “ The Seal Fishery (Behring Sea) Act, 1891,"+ it is enacted that Her Majesty the Queen may by Order in Council prohibit the catching of seals by British ships in Behring Sea, or such part thereof as is defined by the said Order, during the period limited by the Order :
And whereas the expression “Behring Sea” in the said Act means the seas known as Behring Sea within the limits described in an Order under the said Act:
Now therefore Her Majesty, in virtue of the powers vested in her by the said recited Act, by and with the advice of her Privy Council, is hereby pleased to order, and it is hereby ordered, as follows:
1. This Order may be cited as “ The Seal Fishery (Behring Sea) Order in Council, 1891."
2. From and after the 24th day of June, 1891, until the 1st day of May, 1892, the catching of seals by British ships in Behring Sea as bereinafter defined is hereby prohibited.
3. For the purposes of the said recited Act and of this Order the expression “ Behring Sea" meaus so much of that part of the Pacific Ocean known as Behring Sea as lies between the parallel of 65° 30' north latitude and the chain of the Aleutian Islands, and eastward of the following line of demarcation, that is to say, a line commencing at a point in Behring Straits on the said parallel of 65° 30' north latitude, at its intersection by the meridian which passes midway between the Islands of Krusenstern or Ignalock and the Island of Ratmanoff or Noonarbook; and proceeding thence in a course nearly south-west through Behring Straits and the seas known as Behring Sea, so as to pass midway between the northwest point of the Island of St. Lawrence and the south-east point of
Supplement to " London Gazette" of June 23, 1891, published June 24, 1891.
+ Page 123.
Cape Choukotski to the meridian of 172* west longitude; thence from the intersection of that meridian in a south-westerly direction, so as to pass midway between the Island of Attou and the Copper Island of the Kormandorski couplet or group in the North Pacific Ocean, to the meridian of 193° west longitude.
C. L. PEEL.
BRITISH ORDER IN COUNCIL, making Regulations in
regard to Marriages of British Subjects abroad.--Windsor, November 24, 1891.*
At the Court at Windsor, the 24th day of November, 1891.
PRESENT : THE QUEEN'S MOST EXCELLENT MAJESTY. Lord President.
Sir James Fergusson, Bart. Earl of Limerick.
Mr. A. J. Balfour. Lord Walter Gordon-Lennox. Sir Charles Pearson.
Whereas by “ The Marriage Act, 1890,” † and “ The Foreign Marriage Act, 1891, I the Consular Marriage Acts are amended, and as amended are made applicable to marriages in the houses of British Ambassadors or Ministers residing within the country to the Government of which they are accredited, or before Governors, High Commissioners, Residents, Commanders of ships, or Consular or other officers authorized in that behalf without or within Her Majesty's dominions, and by the same Acts Her Majesty the Queen is authorized by Order in Council to make Regulations for the purposes therein specified :
And whereas by “The Consular Salaries and Fees Act, 1891,"S Her Majesty the Queen is authorized by Order in Council to fix the fees to be taken in respect of any matter or thing done by a Consular officer in the execution of his office :
Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred by the said Acts or otherwise enabling her in this behalf, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered as follows:
1. "The Foreign Marriages Order in Council, 1890," is hereby
“ London Gazette," January 5, 1892. Repealed by Order in Council of October 28, 1892.
+ Vol. LXXXII, page 648. : Page 138.
Page 132. (1890-91. LXXXIII.)
repealed, subject to any exceptions and qualifications in this Order mentioned.
Embassy Marriages. 2. The person before and by whom a marriage under the Foreign Marriage Acts may be solemnized and registered in an Embassy house in a foreign country shall either be the Ambassador, or the officer for the time being performing the duties of the Ambassador, or be any of the Secretaries attached to the Embassy from time to time appointed for the purpose in writing by the Ambassador, or by the officer performing his duties; and for the purpose of marriages solemnized in such Embassy house the Foreign Marriage Acts shall be construed as if such Ambassador, officer performing his duties, or Secretary, although holding no written authority from a Secre. tary of State under section 19 of "The Consular Marriage Act, 1849," were a duly authorized Consul within the meaning of the said Acts.
3. For the purpose of marriages solemnized in pursuance of section 2 of "The Marriage Act, 1890," the house in which a British Ambassador resides in the foreign country to the Government of which he is accredited, or which is occupied by him in that country for the purposes of his Embassy, shall be deemed to be the bouse of such Ambassador, and is in this Order referred to as the Embassy house, and every place within the precincts or curtilage of any such house, and any church or chapel annexed to such house, or for the time being used with the consent of the Government to which the Ambassador is accredited as the chapel thereof, shall be deemed to form part of the Embassy house.
4. For the purpose of marriages in an Embassy house in a foreign country in pursuance of section 2 of “ The Marriage Act, 1890," expressions in the Consular Marriage Acts shall be construed as follow's :
(a.) Expressions referring to the district of a Consul, or the district of a Consulate, shall be construed to refer to such parts of the foreign country as a Secretary of State may by writing under his band from time to time direct, or, where there is no such direction, as are within 10 miles measured in a straight line on the horizontal plane from the Embassy house;
(6.) The expression “ Consulate” shall be construed to refer to the Embassy or to the Embassy house, as the case requires ;
(c.) The expression “ office of the Consulate” shall be construed to refer to such part of the Embassy house as the Ambassador may from time to time appoint as being sufficiently accessible to the public, and that part may be referred to as the office of the Embassy ;
(d.) The expression “ Consular seal" shall be construed to refer to the official seal of the Ambassador.
Embassy and Consular Marriages.
5. Where a marriage can be solemnized at a British Consulate in a foreign country, the leave of the Ambassador shall be obtained before the marriage is solemnized in the Embassy house in that country.
6.-(1.) Where a marriage according to the local law of a foreign country is valid by English law, then before a marriage is solemnized in that country under the Foreign Marriage Acts, whether in an Embassy house or at a Consulate, the officer by or before whom the marriage is to be solemnized and registered must be satisfied either
(a.) That both the parties are British subjects; or
(6.) If only one of the parties is a British subject, that the other is not a subject or citizen of the country; or
(c.) If one of the parties is a British subject and the other a subject or citizen of the country, that sufficient facilities do not exist for the solemnization of the marriage in the foreign country in accordance with the law of that country.
(2.) If a Consul, by reason of anything in this Article, refuses to solemnize or allow to be solemnized in his presence the marriage of any person requiring such marriage to be solemnized, that person shall have the right of appeal to a Secretary of State given by section 7 of “The Consular Marriage Act, 1849.'
7. In the case of any marriage under the Foreign Marriage Acts, if it appears to the officer by or before whom the marriage is to be solemnized and registered that the woman about to be married is a British subject, and that the man is an alien, he must be satisfied that the marriage will be recognized by the law of the foreign country to which the alien belongs.
8. The following modifications of the requirements of the Foreign Marriage Acts as to residence and notice, which appear to Her Majesty to be consistent with the observance of due precautions against the solemnization of clandestine marriages, shall have effect in the following class of cases, that is to say, where one only of the parties bas dwelt within the district of the Ambassador or Consul :
(1.) A marriage may be solemnized under the said Acts in the Embassy house or Consulate of an Ambassador or Consul in whose district one of the parties has dwelt
* Vol. XXXVII, page 150.
(a.) If the officer by or before whom the marriage is solemnized and registered is satisfied that such notice as is mentioned below in sub-Articles 3 and 4 of this Article has been given of the intended marriage in the place where the other party has dwelt; or
(6.) If a Secretary of State is satisfied that such adequate notice has been given as will prevent the marriage being clandestine, and gives permission for the same to be solemnized.
(2.) In either case the oath, affirmation, or declaration under section 3 of “The Foreign Marriage Act, 1891," shall, in addition to the matters specified in sub-sections (a) and (c) of that section, state that one of the parties has for three weeks immediately preceding had his usual place of abode within the district of the Ambassador or Consul, and further state the place where the party who has not dwelt within that district has within three months imme liately preceding had for three consecutive weeks his usual place of abode, and the notice which has been given in that place during those three weeks.
(3.) The notice to be given where the marriage is not solemnized with the permission of a Secretary of State shall, if the party has dwelt in a foreign country, be given, entered, and suspended in the manner and during the period provided by the Foreign Marriage Acts, in like manner as if the marriage were to be solemnized in a Consulate in that country, and the Consul shall, on payment of the proper fee, give a certificate that the notice bas been so given and suspended, and that be is unaware of any impediment which should obstruct the solemnization of the marriage.
(4.) If the party dwells in a place in the United Kingdom, the notice shall be given in the like manner and on payment of the like fee as if that party were about to be married in that place, and in England or Ireland shall be given to the Superintendent Registrar or Registrar, and in Scotland shall be given by proclamation of banns; and the Superiutendent Registrar or Registrar shall deal with the notice and give a certificate for marriage in like manuer and on payment of the like fee as in the case of a marriage in his district; and the session clerk of the parish in which the bauns were proclaimed in Scotland shall, in like manner and on payment of the like fee as in the case of a marriage in his district, give a certi. ficate of proclamation of such banns.
9. For the purpose of marriages at a Consulate under the Foreign Marriage Acts, every place within the curtilage or precincts of the house in which the Consul is for the time being resident or of the building which is for the time being used for the purpose of