Directory_and_Chronicle_1896 — Page 241

CHINA AND JAPAN ORDER IN COUNCIL, 1881

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Court for Japan, Her Majesty's Minister in Japan may appoint a fit person to be the Acting Judge or to be the Acting Assistant-Judge (as the case may require).

Vice-Admiralty Jurisdiction.

11. Any proceeding taken in China or Japan against one of Her Majesty's vessels, or the officer commanding the same, as such, in respect of any claim cognisable in a Court of Vice-Admiralty, shall be taken only in the Supreme Court or in the Court for Japan, under the Vice-Admiralty jurisdiction thereof, respecively.

Pending Proceedings.

12.-Nothing in this Order shall affect any suit or proceedings, civil or criminal, pending at the commencement of this Order, with reference either to the original proceedings therein, or to any appeal therein, or otherwise; save that all suits and proceedings, civil or criminal, instituted or taken in the district of the Consulate of Kanagawa before and pending at the commencement of this Order are hereby trans- ferred to the jurisdiction of the Court for Japan; and the same may be carried on and shall be tried, heard, and determined, in and by the Court for Japan, as nearly as may be, as if the same had been instituted or taken in the district of the Consulate of Kanagawa after the commencement of this Order.

And the Most Honourable the Marquis of Salisbury, and the Right Honourable Sir Michael Edward Hicks-Beach, Baronet, two of Her Majesty's Principal Secreta- ries of State, and the Lords Commissioners of the Treasury, and Lords Commis- sioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.

C. L. PEEL..

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS Her Majesty the Queen has power and jurisdiction in relation to Her Majesty's subjects and others in the dominions of the Emperor of China and the dominions of the Mikado of Japan:

Now, therefore. Her Majesty, by virtue and in exercise of the powers in this be- half by the Foreign Jurisdiction Acts, 1843 to 1878, or otherwise, in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

Preliminary.

1. This order may be cited as the China and Japan Order in Council, 1881.

2. This order shall, except as otherwise expressed, commence and take effect from and immediately after the 31st day of December, 1881, which time is in this Order referred to as the commencement of this Order.

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3. In this Order--

"China" means the dominions of the Emperor of China:

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Japan means the dominions of the Mikado of Japan:

Minister"

means superior Diplomatic Representative, whether Ambassador, Envoy, Minister Plenipotentiary, or Chargé d'Affaires :

"Consular Officer" includes every officer in Her Majesty's Consular Service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or person authorised to act in any such capacity in China or in Japan;

"British subject means a subject of Her Majesty, whether by birth or by

naturalisation:

"Foreigner" means a subject of the Emperor of China or of the Mikado of Japan, or a subject or citizen of any other State in amity with Her Majesty: