Validity of orders made under Foreign Jurisdiction Acts. 6 and 7 Vict., c. 94.
28 and 29 Vict., c. 116: 29 and 30 Vict., c. 87. 38 and 39 Vict., c. 85.
Extension of Foreign Jurisdiction Acts over Her Majesty's subjects residing in Countries without regular governments.
6 and 7 Vict., c. 94.
Jurisdiction over ships in Eastern Seas.
Orders in Council to be laid before Parliament. 6 and 7 Vict., c. 91. 28 and 29 Vict., 116. 29 and 30 Vict., c. 87. 38 and 39 Vict., c. 85.
Provisions for protection of persons acting under Foreign Jurisdiction Acts.
6 and 7 Vict., c. 94. 28 and 29 Vict., c. 116. 29 and 30 Vict., c. 87. 38 and 39 Vict., c. 85.
THE FOREIGN JURISDICTION ACT, 1878.
4. An Order in Council purporting to be made in pursuance of the Foreign Jurisdiction Acts, 1843 to 1878, or any of them, shall be deemed a Colonial law within the Colonial Laws Validity Act, 1865, that is to say, the Act of the session of the twenty-eighth 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.
5. In any country or place out of Her Majesty's dominions, in or to which any of Her Majesty's subjects are for the time being resident or resorting, and which is not subject to any government from whom Her Majesty might obtain power and jurisdiction by 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 jurisdiction had by Her Majesty therein within the Foreign Jurisdiction Act, 1843.
6.-It shall be lawful for Her Majesty the Queen in Council, 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 from 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.
7.-Every Order in Council made in pursuance of the Foreign Jurisdiction Acts, 1843 to 1878, or any of them, shall be laid before both Houses of Parliament forthwith after it is made if Parliament be then in session, and if not, forthwith after the commencement of the then next session of Parliament.
8.-(1.) An action, suit, prosecution, or proceeding against any person for any act done in pursuance or execution or intended execution of the Foreign Jurisdiction Acts, 1843 to 1878, or any of them, or of any Order in Council male under the same, or of any such power or jurisdiction of Her Majesty as is mentioned in the said Acts or any of them, or in r spect of any alleged neglect or default in the execution of the said Acts or any of them, or of any such Order in Council, 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 thercof, 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 dominions, 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 complained of, or, in case of a con- tinuance of injury or damage, within six months next after the ceasing thereof.
No comments yet.
Private notes are available after approval.