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XXXVI. And it is further ordered, that all fees, Appropriation of penalties, fines, and forfeitures, levied under this fees, penalties, &c. Order, save and except such penalties as may by Treaty be payable to the Japanese Government, shall be paid to the public account, and be applied in diminution of the public expenditure on account of the Consular establishment in Japan: Provided always, that in the event of the Japanese authorities declining to receive any fine payable to the Japanese Government as aforesaid, the same shall be paid to the public account and applied in the manner last mentioned.
nister to intestate
XXXVII. And it is further ordered, that it shall Consuls may grant be lawful for any of Her Majesty's Consuls to grant probate, and admi- probate of the will, or letters of administration of estates. the intestate estate, of a British subject deceased and leaving property within the limits of the district within which such Consul shall exercise authority; and in the case of a party so deceased, either leaving a will or intestate, it shall be lawful for the Consul, provided that probate of the will, or letters of admi- nistration to the estate, of the party deceased, shall not have been applied for within thirty days by any person lawfully entitled thereto, to administer to such estate, and to reserve to himself, out of the proceeds of such estate, a commission not exceeding two and a-half per centum on such proceeds.
XXXVIII. And it is further ordered, that a register Register of British shall be kept by each and every of Her Majesty's subjects to be kept.
Consuls, of all British subjects residing within the
ports, places, or districts of Japan within his juris- diction; and that every British subject now residing within the dominions of the Tycoon of Japan shall, within a reasonable time after the commencement and taking effect of this Order, to be specified in a notice to be affixed and publicly exhibited in the Consular Office, apply to the Consul of the district to be enrolled in such register; and every British subject who may arrive within the said dominions, save and except any British subject who may be borne on the inuster-roll of any British ship or vessel arriving in a port of Japan, shall, within a reasonable time after his arrival, to be specified as aforesaid, apply to the Consul of the district to be British subject enrolled in such register; and any
Consuls may exer- cise powers of Justices of the Peace
for enforcement of Acts relating to seamen and mer- cantile marine.
Consuls in Japan
may perform all acts which may
be performed by British Consuls elsewhere.
Limitation of
actions and suits.
who shall refuse or neglect to make application so to be enrolled, and who shall not be able to excuse, to the satisfaction of the said Consul, such his refusal or neglect, shall not be entitled to be recognized or protected as a British subject in any difficulties or suits whatsoever in which he may be involved in the dominions of the Tycoon of Japan, within the time during which he shall not have been so enrolled.
XXXIX. And it is further ordered, that the Consul within his Consular district may exercise any of the powers which by any Acts of the Im- perial Parliament, now enacted or hereafter to be enacted, for the regulation of merchant-seamen, or for the regulation of the mercantile marine, may be exercised by one or more Justices of the Peace within Her Majesty's dominions.
XL. And it is further ordered, that nothing in this Order contained shall be taken or construed to preclude a British Consul within the dominions of the Tycoon of Japan from performing any act of administration or jurisdiction, or other act, which British Consuls within other States in amity with Her Majesty are, by law, usage, or sufferance, enabled to perform.
XLI. And it is further ordered that any suit or action brought against any person by reason of any- thing done under the authority and in execution of the power or jurisdiction of Her Majesty, entrusted to him by this Order, or in execution of any of the provisions of this Order, shall be commenced within six calendar months after the fact committed, and not otherwise; and the defendant in every such action or suit shall be entitled to the benefit of the provisions made with respect to defendants in actions or suits in an Act passed in the sixth and seventh years of Her Majesty, entitled "An Act to remove doubts as to the exercise of power and jurisdiction by Her Majesty, within divers countries and places out of Her Majesty's dominions, and to render the same more effectual."
And the Right Honourable the Lord John Russell, and His Grace the Duke of Newcastle, two of Her
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lamex ices