Directory_and_Chronicle_1900 — Page 241

FOREIGN JURISDICTION ACT, 1890

181

of the Order in Council, shall be as lawful as if the order of the

ourt were to have effect wholly within that country.

jurisdiction to

Foreign

9. It shall be lawful for Her Majesty the Queen in Council, by Power to assign Order, to assign to or confer on any court in any British possession, or British courts in held under the authority of Her Majesty, any jurisdiction, civil or criminal, cases within original or appellate, which may lawfully by Order in Council be assigned Jurisdiction Act to or conferred on any British court in any foreign country, and to make such provisions and regulations as to Her Majesty in Council seem meet respecting the exercise of the jurisdiction so assigned or conferred, and respecting the enforcement and execution of the judgments, decrees, orders, and sentences of any such court, and respecting appeals therefrom.

10. It shall be lawful for Her Majesty the Queen in Council to revoke Power to amend or vary any Order in Council made in pursuance of this Act.

Orders in Council.

and effect of

11. Every Order in Council made in pursuance of this Act shall be Laying before laid before both Houses of Parliament forthwith after it is made, if Parliament, Parliament be then in session, and if not, forthwith after the commence- Orders in ment of the then next session of Parliament, and shall have effect as if it Council. were enacted in this Act.

Orders in

12.-(1.) If any Order in Council made in pursuance of this Act as In what cases respects any foreign country is in any respect repugnant to the provisions council void fo of any Act of Parliament extending to Her Majesty's subjects in that repugnancy. country, or repugnant to any order or regulation made under the authority of any such Act of Parliament, or having in that country the force and effect of any such Act, it shall be read subject to that Act, order, or regulation, and shall, to the extent of such repugnancy, but uct otherwise, be void.

(2.) An Order in Council made in pursuance of this Act shall not be or be deemed to have been, void on the ground of repugnancy to the law of England unless it is repugnant to the provisions of some such Act of Parliament, order, or regulation as aforesaid.

persons

Acts.

13.-(1.) An action, suit, prosecution, or proceeding against any Provisions for person for any act done in pursuance or execution

or execution or intended protection of execution of this Act, or of any enactment repealed by this Act, or of any acting under Order in Council made under this Act, or of any such jurisdiction of Hero

Foreign Jurisdic- Mjesty as is mentioned in this Act, or in respect of any alleged neglect or default in the execution of this Act, or of any such enactment, Order in Council, 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 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 the action, suit, prosecu tion, or proceeding have been within the jurisdiction of the court in which the same is instituted; nor

(b.) in any of Her Majesty's courts without Her Majesty's dominions unless the cause of action arose within the jurisdiction of that court, and the action is commence 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 ainends 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 in-