Directory_and_Chronicle_1890 — Page 80

Juriediction over

Sear.

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THE FOREIGN JURISDICTION ACT, 1878.

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 ships in Eastern 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 and Japan, any law that to Her Majesty iu Council may seem meet, as fully and effectually as any such law might be made by Her Majesty in Council for the g verniment of Her Majesty's subjects being in China or in Japan.

Orders in Council

to be laid before Parliament. 6&7 Vict., c. 94. 28 & 29Vict.,c.116. 29 & 30Vict, c. 87. 8 & 39Vict. c. 85.

Provisions for protection of persons acting under Foreign Jurisdiction Acts. 6 and 7 Vict., c. 94.

7.-Every Order in Council made in pursuance of the Foreign Juris- diction 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 next session of Parliament.

8.-(1.) An action, suit, prosecution, or proceeding against any per- son 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 made under the same, or of any such power or jurisdic- tion of Her Majesty as is mentioned in the 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 Council, power, or jurisdiction as 38 and 39 Vict., aforesaid, shall not lie or be instituted-

28 and 29 Vict., 0.116.

29 and 30 Vict., c. 87.

c. 85.

6 & 7 Vict., c. 94. 28 & 29Vict.,c.116.

(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 continuance 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, prosecution, or proceeding have been within the juris- diction of the Court, in which the same is instituted; (b.) Nor in any of Her Majesty's Courts without Her Majesty's dominions, unless the cause of action arose within the juris- diction 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 continuance of injury or damage, within six months next after the ceasing thereof.

(2.) In any such action, suit, or proceeding, tender of amends before the same was commenced may be pleaded in lieu of or in addition to any other plea. If the action, suit, or proceeding was commenced after such tender, or is proceeded with after payment into Court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after such tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of such tender or payment; but this provision shall not affect costs on any injunction in the action, suit, or proceeding.

(3.) So far as regards any action, suit, prosecution, or proceed- 29 & 30Vict., c. 87. ing instituted after the passing of this Act, the provisions of this Section 38 & S8Vict., c. 85. shall supersede any provision for a like purpose which is contained in any Order in Council under the Foreign Jurisdiction Acts, 1843 to 1878, and is in force at the passing of this Act; and such provision shall cease to have any effect.