CO129-529-5 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 75

101

52

be delivered to the commander or master of any vessel in which the person to whom the writ, order, or warrant relates is embarked.

(4) Where the writ, order, or warrant, issues from the Supreme Court, and is executed by a Provincial Court, a copy thereof certified under the seal of the Court executing the same shall be delivered to the constable, officer, or other person acting thereunder, and to the commander or master of any vessel in which the person taken is embarked; and any such copy shall be for all purposes conclusive evidence of the order of which it purports to be a copy.

149.-(1) Subject to the other provisions of this Order, all expenses of removal of prisoners and others from or to any place in Egypt, and the expenses of sending any person to England or elsewhere, shall be defrayed in such manner as the Secretary of State from time to time directs.

(2) Any master of a British ship when required shall be bound to take such persons for a reasonable remuneration, to be deter- mined by a judge of the Supreme Court, and in case of non- compliance shall be liable to a penalty not exceeding fifty pounds.

150. The following Acts, namely

--

The Foreign Tribunals Evidence Act, 1856,(a) The Evidence by Commission Act, 1859, (b)

The Evidence by Commission Act, 1885,(c)

or so much thereof as is for the time being in force, shall extend

to Egypt, with the adaptation following, namely:-

In the said Acts the Supreme Court is substituted for a Supreme Court in a Colony.

151. The following Acts, namely:-

The British Law Ascertainment Act, 1859, (d) The Foreign Law Ascertainment Act, 1861, (e)

or so much thereof as is for the time being in force, shall extend

to Egypt, with the adaptation following, namely :—

In the said Acts the Supreme Court is substituted for a Superior Court in a Colony.

152. The Public Authorities Protection Act, 1893, (f) shall extend to Egypt with the following adaptations, namely:-

were

The said Act shall read as if the words "in Egypt substituted for the words in the United Kingdom and the words this Order and any other Order relating to Egypt, and any Regulations or Rules made under any such Order,' were added after the words Act of Parliament section 1 of that Act.

(a) 19 & 20 V. c. 113.

(b) 22 V. c. 20.

(d) 22–3 V. c. 69.

(f) 56–7 V. c. 61.

(c) 48-9 V. c. 74.

(e) 24-5 V. c. 11.

"

in

53

Part VI.-Egyptian and Foreign Subjects and Tribunals. 153.--(1) Where a foreigner desires to institute or take in the Court an action against a British subject, or a British subject desires to institute or take in the Court an action against a foreigner, the Court shall, subject to the provisos hereinafter con- tained, entertain the same, and shall hear and determine it :-

Provided that :-

(1) the foreigner, if defendant, submits to the

jurisdiction, and

(2) the Court may require the foreigner, whether plaintiff or defendant, (a) to obtain and file in Court the consent in writing of his consular officer or other competent authority to his submission to the jurisdiction, and (b) to give security to the satisfaction of the Court, and to such reasonable amount as the Court thinks fit, by deposit or other- wise, to pay fees, damages, costs, and ex- penses, and to abide by and perform such decision as shall be given by the Court or on appeal.

(2) The Court may hear and determine any case under this Article either with or without a jury or assessors, as the Court shall think fit, and in all other respects according to the ordinary procedure of the Court.

(3) No cross action or counter claim shall be brought against a plaintiff who is a foreigner unless the conditions provided in paragraph (1) of the proviso to this Article are fulfilled,

(4) Where a foreigner obtains in the Court an order against

a defendant, being a British subject, and in another suit before the Court or another tribunal in Egypt that defendant is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the order pending that other suit, and may set off any amount ordered to be paid by one party in one suit against any amount ordered to be paid by the other party in the other suit.

154.-(1) Where it is shown either by the request of the Court or judicial officer concerned, or otherwise, that the attendance of a British subject to give evidence, or for any other purpose con- nected with the administration of justice, is required in an Egyptian Court or before an Egyptian judicial officer, or in a Court or before a judicial officer in Egypt of a State in amity with His Majesty, the Court may, if it thinks fit, in a case and in circumstances in which the Court would require his attendance before itself, order that he do attend in such Court, or before such judicial officer, and for such purposes as aforesaid.

(2) A Provincial Court cannot so order attendance at any place beyond its jurisdiction.

102