THE FOREIGN JURISDICTION ACT, 1878.
37
under Foreign
28 and Vict.,
4.-An Order in Council purporting to be made in pursuance Validity of orders made of the Foreign Jurisdiction Acts, 1843 to 1878, or any of them, Jurisdiction Acts. shall be deemed a Colonial law within the Colonial Laws Validity and 29 Viet, c. 116. Act, 1865, that is to say, the Act of the session of the twenty-eighth 29 and 30 Viet., c. 87. and twenty ninth years of the reign of Her present Majesty, chapter sixty-three, to remove doubts as to the validity of colonial laws; and any country, or place to which any such Order extends shall be deemed a colony within that Act.
"
38 and 39 Vict., c. 85.
without regular
6 and 7 Vict., c. 94.
5. In any country or place out of Her Majesty's dominions, Extension of Foreign in or to which any of Her Majesty's subjects are for the time being Her Majesty's subjects resident or resorting, and which is not subject to any government ruling in Countries from whom Her Majesty might obtain power and jurisdiction by governments. treaty or any of the other means mentioned in the Foreign Jurisdic- tion Act, 1843, Her Majesty shall by virtue of this Act have power and jurisdiction over Her Majesty's subjects for the time being resident in or resorting to that country or place, and the same shall be deemed power and jarisketion had by Her Majesty therein within the Foreign Jurisdiction Act, 1813.
6.—It shall b› lawful for Her Majesty the Queen in Council, on over ships from time to time, by Order, to make, for the government of Her Majesty's subjects being in any vessel at a distance of not more than one hundred miles roin the coast of China or of Japan, any law that to Her Majesty in Council may seem meet, as fully and effectually as any such law might be made by Her Majesty in Council for the government of Her Majesty's subjects being in China or in Japan.
Orders in Council to be
hid before Parliament,
2× and 29 Viet, 116.
7.-Every O.der in Council male in pursuance of the Foreign Jurisdiction Acts, 1813 to 1878, or any of them, shall be laid before 6 and 7 Vict, c. 94. both Houses of Parlament forthwith after it is made if Parliament 29 and 30 Viet, c. 87. be then in session, and if not, forthwith after the commencement 38 and 39 Vict., c. 85, of the then next session of Parliament.
of persons acting under
Acts.
28 and 20 Viet., c. 116.
8.—(1.) An action, suit, prosecution, or proceeding against Provisions for protection any person for any act done in pursuance or execution or intended Foreign Jurisdiction execution of the Foreign Jurisdiction Acts, 1813 to 1878, or any of 6 and 7 Viet., c. 94. then, or of any Order in Council male under the same, or of any 29 and 30 Vict, C. 87. such power or jurisdiction of Her Majesty as is mentioned in the 34 and 39 Viet, c. 85. said Acts or any of them, or in respect of any alleged neglect or default in the execution of the said Acts or any of them, or of any such Order in Conncil, power, or jurisdiction as aforesaid, shall not lie or be instituted-
(a.) In any Court within Her Majesty's dominions, unless
it is commenced within six months next after the act, neglect, or default complained of, or in case of a con- tinuance of injury or damage, within six months next after the ceasing thereof, or where the cause of action arose out of Her Majesty's dominions, within six months after the parties to such action, suit, prosecu- tion, or proceeding have been within the jurisdiction of the Court in which the same is instituted; (b.) Nor in any of Her Majesty's Courts without Her Ma- jesty's dominious, unless the cause of action arose within the jurisdiction of that Court, and the action is commenced within six months next after the act, neglect, or default explained of, or, in case of a con- tinuance of injury or damage, within six months next after the ceasing thereof.