Directory_and_Chronicle_1894 — Page 238

THE FOREIGN JURISDICTION ACT, 1878.

41 AND 42 VICTORIA, CHApter 67.

AN ACT FOR EXTENDING AND AMENDING THE FOREIGN JURISDICTION ACTS [16TH AUGUST, 1878.]

Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: (that is to say),

Act. & short titles.

1.-1.) This Act shall be construed as one with the Foreign Juris- Construction of diction Acts 1843 to 1875, and those Acts, together with this Act, may be cited as the Foreign Jurisdiction Acts, 1843 to 1878, and this Act may be cited separately as the Foreign Jurisdiction Act, 1878.

(2.) The Acts whereof the titles are given in the First Schedule of this Act may be cited by the respective short titles given in that Schedule.

6&7 Vict., c. 94. 2629 Vict., 116.

&

29 & 30Vict., c. 87. 38&39 Vict,, c. 85.

2.-The Acts mentioned in the Second Schedule to this Article are Repeal of enact- ments in second hereby repealed to the extent in the third column of that Schedule men- tioned; provided that,-

(1.) Any Order in Council, commission, or instructions made or issued in pursuance of any enactment hereby repealed, and in force at the passing of this Act, shall continue in force until altered or revoked by Her Majesty; and

(2.) This repeal shall not affect anything done or suffered, or any right accrued or liability incurred before the passing of this Act; and

(3.) Any action, suit, or other proceeding affected by any enact- ment hereby repealed may be carried on in like manner as if this Act had not been passed.

Schedule.

in Counel to

Schedule.

3.-(1.) It shall be lawful for Her Majesty the Queen in Council, if Powerfor Queen it seems fit, from time to time, by Order, to direct that all or any of the extend enact- enactments described in the First Schedule to this Act, or any enactments ments in First for the time being in force amending or substituted for the same, shall 8 and 7 Vict., extend, with or without any exceptions, adaptations, or modifications in the Order mentioned, to any country or place to which for the time being the Foreign Jurisdiction Act, 1843, applies.

(2.) Thereupon these enactments shall operate as if that coun- try or place were one of Her Majesty's Colonies, and as if Her Majesty in Council were the Legislature of that Colony.

c. 94.

made under

Jurisdiction Acts

4.-An Order in Council purporting to be made in pursuance of the Validity of orders Foreign Jurisdiction Acts, 1848 to 1878, or any of them, shall be deemed Foreign a colonial law within the Colonial Laws Validity Act, 1865, that is to say, gavit, 0.94% the Act of the session of the twenty-eighth and twenty-ninth years of the 28 and 29 Vict., reign of Her present Majesty, chapter sixty-three, "to remove doubts as 29 and 30 Viot, to the validity of colonial laws;" and any country or place to which any o. 87. such Order extends shall be deemed a colony within that Act.

0. 116.

38 and 39 Vict.s o. 85.

Foreign Jurisdio-

5. In any country or place out of Her Majesty's dominions, in or to Extension of which any of Her Majesty's subjects are for the time being resident or tion Acts over resorting, and which is not subject to any government from whom Her Her Majesty's

subjects residing Majesty might obtain power and jurisdiction by treaty or any of the other in Countries means mentioned in the Foreign Jurisdiction Act, 1843, Her Majesty without regular shall by virtue of this Act have power and jurisdiction over Her Majesty's 6 and 7 Vict., subjects for the time being resident in or resorting to that country or c. 94.

governments.